Friday, September 20, 2019
Causes of Earthquakes
Causes of Earthquakes Shreyas Patel The Earthquake ABSTRACT The purpose of this paper is to gain the knowledge on natural occurring disaster. I will be writing about the earthquakes and mainly how the earthquakes are formed all over the world in the earth crust. In this article, I will be elaborating the reasons of earthquakes. The impacts of an earthquake will also be illustrated with pictures which explain that how they were caused. And finally, I will include the mitigation for earthquakes, i.e. the measures that can be taken to prevent from the earthquakes and minimize the damage caused when they strike. All key factors and illustrations surrounding the causes, effects, and solution will be explained in detail to provide a complete understanding of ââ¬Å"how earthquakes are formedâ⬠. After devoting my time in this research, I clearly understand the concept of how earthquakes are formed and how they occur over the period of time. I found that sea bed increases in surface area when the magma drills up and eventually cools down. The formation of our continent that occurred from 400 million years ago, the rigid terrain in the dessert and the tallest mountain that we have today are all evidences of plate tectonics which caused the earthquakes to occur. I also found that convection cells create hotspot in which magma drills up during a divergent boundary. The solution from experts all refer to common goal of studying landforms where earthquakes are most and collecting the seismographic material over many decades in order to get the data to predict an estimate of when the next earthquake may strike. Solution is to prepare for the worst and I have carefully outlined my solution in this report. The solution can also include international ties between countries. Any country hit by an earthquake can get a relief through charitable donation to help during difficult times. Introduction What is an earthquake? The earthquake is the sudden movement of the ground that discharges elastic energy stored in the rocks and generate seismic waves. These elastic waves radiate outwards from the ââ¬Å"sourceâ⬠and vibrate the ground. What are the earthquake seismic waves? A seismic wave means the transferring of energy with vibrations from one spot to another within the earth. There are different types of waves but we are interested in only two types of seismic waves: P (primary) waves that are similar to sound waves, and S (secondary) which is a type of shear wave. Within the earth, P waves travel through the solids and the liquids, whereas S waves can only travel through the solids. Figure1 Source: http://www.factmonster.com/dk/encyclopedia/earthquakes.html Figure 1 describes the waves that radiates from the center of the focus point of earthquake. It gives the way that earthquake take place through the sudden movement of tectonic plates and causes the waves to spread from the epic centre. The speed of the earthquakes is not constant but it varies with many factors. It is mostly affected by the depth and the type of the rocks. Figure 2 shows the P type and S type seismic waves. In P type, the compressed rock propagating in the same direction as the compression. Also, the P type wave moves faster than S type. In S type, liquid matter prevents S waves from spreading. It moves up and down or side to side. Figure 2 Source : http://www.earth.northwestern.edu/people/seth/B02/lectures/Seismology/pswaves.htm Causes of an Earthquake Earthquakes are caused by the movements of plates under the surface of the earthââ¬â¢s crust. Movement between two plates is not smooth and it causes elastic energy to gradually build up over time. When we feel the ground is moving or shaking this energy is released as seismic waves from the epic centre. They usually occur on the boundaries of the plate margins which cover the earth like an egg shell. There are two main causes of earthquakes. Firstly, earthquakes can be linked to explosive volcanic eruptions. When a volcanic eruption occurs, lava spreads across the land (Skinner and Murck, 175). These are very common in the areas of volcanic activity where they either follow or accompany eruption. Figure 3 shows the image of volcanic earthquake eruption occurs and spreads the lava around it. Figure 3 Source: http://www.cbc.ca/news/technology/volcanoes-drop-hint-before-deadly-eruptions-study-1.1063506 Secondly, earthquakes can be triggered by tectonics activity related to plate margins and faults. The majority of the earthquakes occurring all over the world are caused by this process. Convection cells under the earthââ¬â¢s crust create a push and pull mechanism and forces the plates to move creating interaction between the plates. Figure 4 Source: http://www.globalchange.umich.edu/globalchange1/current/lectures/evolving_earth/evolving_earth.html Figure 4 shows the process of plate tectonics occurrence. The plate tectonics tells us that the earthââ¬â¢s crust is broken into two different types of plates known as the oceanic and continental plates. These plates can slides over each other and are floating over the uppermost layer of the mantel and convection cells. The plates are in constant motion. Along their margins where they usually interact, important process such as the formation of mountain belts, earthquakes and volcanoes take place. Figure 5 Source: http://sichuanheartquake.wordpress.com/ Figure 6 Source: http://thewatchers.adorraeli.com/2011/03/13/the-failure-of-plate-tectonics/ Figure 5 and Figure 6, both are the same which describes the procedure of the causes of an earthquake. If we carefully observe both the Figure, we see the numbering that describes the way to take place. We see that the less dense oceanic plate collides with the continental plate (more dense) and sinks down and melts due to the high temperatures of the mantle. Also, if we observe the subduction zone, thatââ¬â¢s what really, causes an earthquake. It is the constant colliding of the two plates that causes an isostatic rebound and stress to release the energy. Heat from the mantle causes the plates to grind against each other along plate margins commonly known as faults. The convection cells help the plates to move in a particular direction and since the plates are not smooth, they usually find their motion blocked. As a result, due to the tension and stress builds up, the fault breaks, energy is released in the form of seismic waves. Figure 7 Source: http://www.age-of-the-sage.org/tectonic_plates/boundaries_boundary_types.html Figure 7 shows the different types of plate boundaries. From the above figure, (1) represents the Divergent where the plate move away from each other, leaving a gaping hole for the hot spot. This usually leads to volcanic activity and new land formation. (2) Represents the Convergent which is most destructible. High chances of volcanic activity are expected due to the subduction zone. The melting of the less dense oceanic plate sinks along with water which evaporates and moves up with boiling magma. (3) Represents the Transform where the plates, which are not smooth at all, slide alongside each other causing massive vibrations and with enough build up of energy can also cause the huge earthquakes. Effects of an Earthquakes The effects of earthquakes towards the nation can be described in two categories: long term and short term. Long term effects can be the formation of new land, mountain folds and the deep trenches formed by the upwelling of magma at the hot spot. The short term effects can be the seismic waves that are generated during the impact, the broken pipe lines, landslides, mudslides, and the collapsing of the buildings. Tsunamis: Figure10 Source: http://www.howitworksdaily.com/wp-content/uploads/2011/03/Tsunami-formation-large.jpg Figure 11 Source: http://www.giglig.com/environment/tsunami Figure 10 shows the formation of the tsunami waves due to the movement of the plates that cause the earthquake to occur in the sea. Figure 11 shows the image of tsunami that takes place in Japan in 2011. When an overriding plate along subduction zone suddenly breaks free, it moves upwards raising the sea floor and the water above. The waves move outwards in ever-expanding circles. As they approach land, water recedes from the shore. They are able to cross the entire oceans without a great loss of energy. Landslides: Figure 12 Source: http://landslides.usgs.gov/research/inventory/utahttp://landslides.usgs.gov/research/inventory/utah/h/ Figure 12 and Figure 13 shows the views of landslides takes place. Landslides are rocks, earth, or debris flows on a slope due to gravity. During an earthquake, the seismic waves can shakes the ground, enough to cause a landslide, easily on a slope. The effects can be devastating, as the debris wonââ¬â¢t stop tumbling down until a flat plain is reached or an obstacle bigger than it is encountered. Buildings and structures: Figure 13 Figure 14 Source: http://sichuanheartquake.wordpress.comhttp://sichuanheartquake.wordpress.com// Figure 13 and Figure 14 shows that effect of earthquakes on the buildings and roadways. After an earthquake, damages occur to buildings, bridges, roads and everything that stand on its own. As a result, large numbers of people may be died, injured or homeless in the aftermath of an earthquake. New land Formation: Figure 15 Source: http://science.howstuffworks.com/nature/natural-disasters/volcano2.htm When the divergent boundaries moves away from each other, magma rises up and cools down to form a new landform. It can form on the land and on the sea bed, increasing the surface area as shown in Figure 15. Solution of an Earthquake Over many years, researchers and scientists have tried to find at least a reasonable prediction of an earthquake to when it will occur, however, it is a natural disaster that can strike at any point in time that look how big the earth surface is. So, the data collecting from every fault margin for epic centre is physically possible. Moreover, we cannot physical see an earthquake approaching, itââ¬â¢s just energy (seismic) waves travelling that can compress and shear. Although, there are several ways to be alerted and predict from the incident to be happen. These ways are as follows: Richter scale: The moment an earthquake strikes, the Richter scale extremely sensitive to vibration thereby it will send signals to an alarm and also record the data on a seismograph for the calculation of magnitude. Prediction: In area like the ââ¬Å"Ring of Fireâ⬠, is known for volcanic activity. Also, the earthquakes have been recorded along with event that took place. So, there is always a probability of an earthquake in a certain area since it keeps occurring in the same area is clearly an indication that it is very likely that an earthquake can happen. Drills: Training session would be given to teach people that what to do during an actual earthquake take place. Earthquake-resistant buildings: This type of buildings can withstand a certain amount of magnitude and can cope with the seismic waves. The design of buildings depends on providing the building with strength, stiffness and inelastic deformation capacity which are great enough to withstand a given level of earthquake as shown in below images. Figure 16 Source: http://forum.strukts.com/discussion/420/earthquake-resistant-construction/p1 Statistics of an Earthquake Figure 18 Source: http://earthquake.usgs.gov/regional/neic/neic_bulletins_figures.php#figure1 As shown in the above Figure 18, According to the U.S. Geological Survey National Earthquake information Center, there is an increasing in the amount of earthquake during 19th century. Moreover, the magnitude threshold of an earthquake is also estimated across the whole world. Figure 19 shows the magnitude of an earthquake versus different year. Figure 19 Source: http://earthquake.usgs.gov/earthquakes/eqarchives/year/graphs.php Conclusion and Recommendation In my opinion, I believe that finding exact solution of earthquake still needs time to evolve, as it is hard to predict that when an earthquake will strike. It is obvious that prediction can be made from the relevant occurrences of that same activity, but still will not be accurate enough to evacuate millions of people and move then to safe place. At last, I do not believe that we can stop earthquakes, not even in millions of years. It is something naturally unique that cannot be stopped. The only option is to move away from the regions which are prone to earthquakes regularly and to evacuate people who reside near volcano and prepare for the worst case situation until the things can be reasonable fixed. Bibliography Skinner Brian J., Murch Barbara W. ââ¬Å"The Blue Planet: An Introduction to Earth System Scienceâ⬠. United States of America: Library of Congress Cataloging in Publication, 2011. Page 175.Print. http://7bluec1-2012.wikispaces.com/Glossary http://www.bbc.co.uk/newsround/14652682 http://www.astronomynotes.com/solarsys/s8.htm http://www.essaseoutras.xpg.com.br/vulcoes-em-erupcao-as-fotos-mais-incriveis-da-furia-da-natureza-veja/ http://www.enchantedlearning.com/subjects/dinosaurs/glossary/PlateTectonics.shtml http://dirtyclassroom537.blogspot.ca/2012/05/plate-tectonics-caroline-burdick.html http://thewatchers.adorraeli.com/2011/03/13/the-failure-of-plate-tectonics/ http://www.suu.edu/faculty/colberg/hazards/platetectonics/platetectonics.html http://www.age-of-the-sage.org/tectonic_plates/boundaries_boundary_types.html http://www.examiner.com/slideshow/japan-earthquake-tsunami#slide=2 http://news.nationalgeographic.com/news/2011/03/pictures/110315-nuclear-reactor-japan-tsunami-earthquake-world-photos-meltdown/#/japan-earthquake-tsunami-nuclear-unforgettable-pictures-wave_33291_600x450.jpg http://kids.britannica.com/comptons/art-138177/A-landslide-triggered-by-an-earthquake-destroyed-part-of-a http://coastalcare.org/2011/04/japan-quake-caused-surprisingly-severe-soil-collapse/ http://ks3geoblogbytes.wordpress.com/year-7/ http://www.bbc.co.uk/science/earth/surface_and_interior/lava http://mceer.buffalo.edu/infoservice/reference_services/adveqdesign.asp http://earthquake.usgs.gov/regional/neic/neic_bulletins_figures.php#figure1 http://earthquake.usgs.gov/regional/neic/neic_bulletins_figures.php#figure4 http://inventors.about.com/od/qrstartinventors/a/Charles_Richter.htm http://articles.timesofindia.indiatimes.com/2006-03- 28/india/27831302_1_tsunami-scientistsearthquake http://earthquake.usgs.gov/learn/topics/plate_tectonics/rift_man.php http://myweb.cwpost.liu.edu/vdivener/notes/subd_zone.htm http://kobeshakes.wordpress.com/2010/03/26/kobe-shakes/ http://internalenergy.blinkweb.com/ http://www.ussartf.org/landslides.htm http://www.exploratorium.edu/faultline/activezone/slides/pangea-slide.html
Thursday, September 19, 2019
THE BIOSPHERE :: essays research papers fc
Biosphere: Ã Ã Ã Ã Ã The biosphere is part of the earth in which life exists. It is 20 kilometers thick from the bottom of the ocean to the lower atmosphere. It consists of three layers: the lithosphere, which is the land on the surface of the earth; the hydrosphere, which comprises of the water on the earth as well as water vapor in the air; and the atmosphere, which is made up of the air that surrounds the earth. Ã Ã Ã Ã Ã The living organisms in the biosphere interact and affect each other in many ways. This is called a biotic community. There are non-living elements that have an effect on living organisms, these are considered abiotic factors. Some examples of abiotic factors are air, temperature, water, soil, light, and minerals. In a biosphere, organisms live in special groupings -- for instance - a population consists of all individuals of a type living in a general area. An community is a population located in a certain area living among different species. An ecosystem is a larger mass of a population, a community, and abiotic factors. Ã Ã Ã Ã Ã Ecosystems can be aquatic or terrestrial. The earth's aquatic ecosystem makes up about 75% of the earth's surface. This aquatic environment is divided into marine and freshwater environments. The earth's earthly ecosystem is mainly made up of forests and deserts, which make up for 25% of the earth's surface. The role or function of an organism in a community is that organism's function. An organism's role is an area picked by that organism based on physical factors such as temperature, light, oxygen and carbon dioxide content and biological factors such as food, competition for resources and predators. This niche provides the organism a place to live in. A habitat remains consistent with an organism's niche as well as provides the organism with a place to reproduce. In this case, organisms may have the same habitat, but different niches. Ã Ã Ã Ã Ã There are three types of relationships involving the interactions between organisms. They are mutualism* (mutually beneficial association between different kinds of organisms), commensalisms* (a relation between two kinds of organisms in which one obtains food or other benefits from the other without damaging or benefiting it), and parasitism* (an intimate association between organisms of tow of more kind; especially: one of which a parasite obtains from a host which it usually injures.) Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã 1.) Mutualism is a relationship where both organisms benefit from their interaction with each other.
Wednesday, September 18, 2019
Essay --
Kleenex is a tissue brand manufactured by Kimberly-Clark Corporation. The company knows how to build a high consumer loyalty and also how to make consumers recognize their brands. In addition, Kleenex is well-known for family care and personal care brands. 2.1 Market Summary Kimberly-Clark make Kleenex tissues from ancient forest in North America, and the consumption of facial tissue is very high in North American, Japan, Oceania and Western-Europe. All group of people can use Kleenex, and we can find Kleenex tissues in government buildings schools, airports, hotels and hospitals. In addition, Kleenex products are likely to be found in every shelf, in most of the stores. The company makes sure to improve its products by adding nice scent to the tissues, and also by creating a tool called Achoo to predict cold and flu in their living areas. The idea is to get consumers stock up on Kleenex before they get sick, rather than buy supplies when they are already felt bad (Neff, 2013). At this point, the consumersââ¬â¢ behavior can be influenced when they see great improvements on the product. 2.2 SWOT Analysis Strengths & Weaknesses The first strength I would mention is that the company wants consumers to see their brand as ââ¬Å"Everyday use productâ⬠. Kimberly-Clark Corporation does not only manufacture Kleenex tissues, but it also make Kleenex indispensable for us. Women use Kleenex tissues the most because they are more emotional and they do a lot of make-up. Aldo, Kleenex, the worldââ¬â¢s first facial tissue brand, generates more than $1 billion business (Datamonitor, 2011). Another strength would be the fact that the corporation makes sure to innovate the brand and develops new strategies. In 2010, Kimberly-Clark increased its strategic mar... ...groups. In November 3rd 1996, The Otway Ranges Environment Network (OREN) conducted a consumer awareness campaign whose slogan said ââ¬Å"Refuse to use Kleenex issues. Do not wipe your burn on Otways native forestâ⬠(Otway Ranges Environment Network, n.d.). The campaign was an issue for the corporation because the environmental groups launched campaigns to save Otway native forest and also encourage consumers to buy alternative products, rather than Kleenex tissues. In 1998/1999 Kimberly-Clark Corporation quits using wood from Otwayââ¬â¢s native forest despite its valid licensed until June 2001 (Otway Ranges Environment Network, n.d.). Also, competition can be an issue for Kimberly-Clark Corporation because other corporations want to be better than Kimberly-Clark; therefore, they make sure their products still on top, or the price is acceptable inn order to retain consumers.
Sweet Choices Essay -- Business, Dairy Queen, Grandpa McCullough
I. The Beginnings of Dairy Queen The founders of Dairy Queen's famous soft serve ice cream, John Fremont 'Grandpa' McCullough and his son Alex McCullough, originally established the Homemade Ice Cream Company in 1927 in Davenport, Iowa. The father and son duo originally sold an assortment of ice cream products in and around places like Moline and Rock Island, Illinois, and Bettendorf and Davenport, Iowa, until the need to expand in the early 1930's caused the McCullough's to decide to relocate their ice cream mix plant to a former cheese factory in Green River, Illinois. The process the McCullough's used to make ice cream was difficult and complex: Butterfat, milk solids, sweetener, and stabilizer were first combined, then mixed, and finally put into a batch freezer where the combination was chilled, given a specific amount of air (technically called 'overrun'), and flavored. The product was denser and richer than most ice creams, with less overrun. When the temperature reached 23 degrees Fahrenheit, a spigot was opened in the freezer and the soft ice cream flowed into three- gallon containers. The containers were covered with lids, frozen at minus-ten degrees Fahrenheit, and delivered to customers. When an ice cream store was ready to serve the product, the ice cream was put into a dipping cabinet and the temperature increased to five degrees Fahrenheit. (IDQ 1920-40) At the time, ice cream was frozen solid to accommodate manufacturers and store owners when they transferred the ice cream from one location to another location. However, when ice cream is served at such cold temperatures, it causes consumers taste buds to become numb which, subsequently, meant that consumers could not get the full flavor of the ice... ...65 in Canada, 123 in Japan, and over 30 in eight other foreign countries. (IDQ 1970) While the addition of the Peanut Butter Parfait and the Hot Fudge Brownie Delight in the 1980's proved to be very successful, it was the Blizzard that propelled the company to the number one spot in America's treat chain industry. This unique soft serve medley, mixed with fruit, cookies, and candy, sold over 175 million units in its first year alone. (IDQ 1980-90) The company gradually continued domestic and international growth in the early 1990's. Around the U.S., stores began to open in more non-traditional areas such as airports, railroad stations, shopping malls, and even office complexes. Internationally, the company planned to open stores in Western and Eastern Europe while development was started in Thailand, Cyprus, Kuwait, Oman, Taiwan, and Indonesia. (IDQ 1980-90)
Tuesday, September 17, 2019
Cultural Theory Essay
Culture is an essential component for human development. Culture cannot be evaded from and its implications are of importance to the human life. In this study, I shall address the aspects of culture as presented in sculptures. A distinct sculpture will be identified and well analyzed in respect to its cultural impact to the entire human life growth and development. It will involve the contribution the cultural entities have and how culture is perceived by man. The impact of cultural change in line with the sculpture will be addressed. In this case, the sculpture in limelight was done back in 1927 and it represents a figure of a floating woman. This is an indication of the cultural aspect of gender and male chauvinism. It was assessed and described on the basis of its nature, cultural values and the overall importance. Gender sensitivity has been on the light in the current society and the sculpture assisted in analyzing the context today. In order to conceptualize this concept, let analyze the sculpture of a floating woman by Gaston Lachaise in 1927. Consider the sculpture below: Source: NGA, 2013 In regards to this sculpture, the cultural theory indicated that the issue of gender sensitivity is of much age in the society. Male chauvinism and the act of feminism have dominated the social life. As depicted in the above sculpture, the female gender had been of intimidation and not usually accorded the desired respect as social being. Exposing the female body in this sculpture shows how culture had being portraying women as the ââ¬Ëobjectââ¬â¢ deserved only to perform only feminist roles assigned by the society. Essentially, this sculpture has been used in this study to depict the cultural aspects of gender disparity. The culture of the society entails artistic forms and practices and thus, the sculpture has been modeled in order to expose a cultural practice in the society. The beliefs and values that prevail in society are well represented. The culture theory represents the practices and roles of people within the society (Anderson, 2008, p. Xv). The cultural theory as Johnson (2009) surfaced from the mounting identification of the ââ¬Å"ideological underpinnings of putative scholarly ââ¬Ëobjectivityââ¬â¢Ã¢â¬ (p. 1). The introduction of the cultural theory was necessitated by a massive swing which shifted the idea of culture in the society. The study seeks to unravel and explain why the society is conflicting over the entire risk coupled. In congruence with the sculpture, changes that have occurred to sculpture and indication that the aspects of gender and cultural values have also changed from the former tradition approach to the current modernization approach. Essentially, the culture existent in the society in which this sculpture was modeled values the different aspects which have been addressed in cultural theory specifically the aspects of gender and esthetics. The sculpture is depictive of the female gender as being more passive in the society in performing the most essentials roles in the society. This forms the basis of the beliefs that people in the society have regarding the gender are part of the culture of the society (Anderson, 2008, p. Xvi). Culture theory as from the evolution of the feminist and muted group theory have been shaping the ideas that women should be gazed no less than their male counterpart (Johnson 2009, p. 2). The beliefs that people have about the female gender are well depicted by the pose figured by the sculpture which gender as a mitigating aspect of culture. Culture theory thus outlines the specific aspects that prevail in the society. They may include gender, sexual harassment, discrimination, inferiority, and sexual torture. Although there is notable changes which have occurred in the sculpture since 1927, for example the texture as the current sculpture is more smooth (Karen 2007, p. 25), the main core purpose of the sculpture has not changed yet. There is still gender disparity and inequality in the sculpture. The changes might have occurred on the equipment and materials used in the making of the current sculpture, but the aspect of male dominance and chauvinism is still the order of the sculpture. The sculpture has being portraying some conceptualization which range from the time this sculpture was developed. Presently, the sculpture presents females as passive members of the society who are not supposed to contribute in the growth and development of the society and deserve to be doomed by the males. In this aspect, it is regarded that a male gender must be the one responsible for the major family chores and responsibilities (Karen 2007, p. 30). Leadership and economic power are majorly linked with the male gender as the female gender is considered more family and house like person. As Goodenough said, ââ¬Å"a societyââ¬â¢s culture consists of whatever it is one has to know or believe in order to operate in a manner acceptable to its members. Culture is not a material phenomenon; it does not consist of things, people, behavior, or emotions. It is rather an organization of these things. It is the form of things that people have in mind, their models for perceiving, relating, and otherwise interpreting them (1957, p. 167). The cultural theory is of much significance in this sculpture. People were culturally identified based on the importance they attach to certain roles. Through culture people attaches meanings thus causing cultural conflict. For instance, chauvinism was highly upheld in most communities across the globe. Feminism was regarded in its appropriateness. Both female and males attached similar importance to the notions that developed in the minds of the people (Karen, 2007, p. 5). Exposing the female body is culturally and traditionally perceived as a gender inequality and an act of feminism. In addition, the cultural aspects should be perceived as the structural system which is constructed in the minds of the people and has a sweeping effect (Keesing 1974, p. 78). The sculpture has being the perception of many as the indication of gender inequality and a humiliation to the female gender. To summarize, sculptures have significant roles in enhancing cultural aspects and values in the society. They communicate distinct messages across the members of the society. Currently, the roles that the female gender could not play decades back have been shared between the two genders. Thus, sculptures themselves are also currently changing in the light they are depicting both gender sharing the core roles which might only be seen as manly there before. There is cultural mix and with the evolution of much gender based theories the perception and the roles perceived to be feminist are eroding. As changes have been witnessed in the current ââ¬Ëfloating womanââ¬â¢ sculpture, it is in line ith the current cultural change as culture is dynamic. Things which were previously viewed and adopted as being of certain gender only are gradually discarded. Gender-based conflicts are reducing sustainably with much campaign of gender equality and affirmation. The current society is composed of much enlightened individuals and groups who have enabled implementation of the cultural changes that h ave occurred over time, thus making culture an entity of human social life and one cannot say that he/she does not feel the impact of culture.
Monday, September 16, 2019
History of Competition Law in India. Its an Emerging Area in the Field of Law
The establishment of British Rule in India left the Indian economy crippled. India served as a dumping ground for the machine made cloth and other factory goods from England and was reduced to a mere raw material supplying colony. After winning Independence against the political competition posed by the British Rulers for many years, India, post independence, started its era of fighting against economic competition, the only difference being that the threat which India faced was now not only restricted to the British rulers but to the whole world which considered India as a dream destination for celebrating the advantages of ââ¬ËGlobalization and Liberalizationââ¬â¢. Winning Independence gave way to the entrance of many big firms into the Indian market exploring opportunities in various trades and businesses. The condition of the Indian market was very weak and vulnerable to face the might of these foreign firms, because India at that time neither had the resources nor the skilled workforce to convert, if at all, such resources to compete with these foreign firms. The technological and scientific capabilities were poor, industrialization was limited and lopsided. Agricultural sector exhibited features of feudal and semi-feudal institutions, resulting into low productivity. In brief, poverty was rampant and unemployment was widespread, both making for low general standard of living. These were the socio-economic settings in which the founding fathers had to chart out a programme of nation-building. The Indian Government, although did not have the weapons to wage war against such fierce competition against the foreign firms but the Government did not fail to rule out the possible defences to resist the competition posed by the foreign firms to protect its own domestic market. The ââ¬ËMonopolies and Restrictive Trade Practices Act of 1969ââ¬â¢ turned out to be the most sought after ââ¬ËDefence Mechanismââ¬â¢. The history of the Indian competitive legislation goes back to the Monopolies Enquiry Commission. In 1964, when the Indian democracy was in its nascent state ââ¬â barely 17 years old ââ¬â the Government of India appointed the Monopolies Enquiry Commission to enquire into the effect and extent of concentration of economic power in private hands and prevalence of monopolistic and restrictive trade practices in important economic activity other than agriculture. The commission submitted its report along with the Monopolies and Restrictive Trade Practices (MRTP) Bill, 1965 and on June 1st The Monopolies and Restrictive Trade Practices Act came into existence on 27thà December, 1969. The preamble to this enactment provided it to beà An Act to provide that the operation of the economic system does not result in the concentration of the economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. Therefore, in common parlance, the MRTP Act, 1969 aimed at preventing economic power concentration in a few hands, the intention behind this was to avoid damage, with the end result protecting consumer interest and the economic society at large. HISTORY OF THE MRTP ACT, 1969 Post independence, when the Constitution of India, that is, the Blanket-cover regulator, was being enacted and adopted, the most important Articles which provided for recognising the effect of the MRTP Act, and preventing and avoiding damage were Article 38 and Article 39 of the Constitution, which was adopted and enacted and came into effect on the 26thà day of November, 1949. Article 38 of the Constitution provides for the Directive Principles of State Policy which mandates upon States to secure a social order for the promotion and welfare of the people. This provision recognised the need to eliminate and minimise the inequalities in income, which applied not only to the individuals but also to the groups in different areas. However, the MRTP Act of 1969 owes its existence to the provision provided under Article 39(c) of the Constitution of India which provided that the States shall strive to secureà that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. The preamble to the MRTP Act rests on this very provision of the Constitution of India. In the case ofà State of Biharà v. Kameshwar Singhà , the Court was of the opinion, that, a law aimed at doing away with the concentration of big blocks of land in the hands of a few individuals would sub-serve the directives laid down in sub-clauses (b) and (c) of Article 39 of the Constitution of India. Taking this judgment into perspective, the preamble to the MRTP Act, 1969 gets reinstated where the objective or the intention f the legislature behind enacting such an Act is to avoid damage by concentration of economic power in the hands of only a few and thereby causing damage. However, the MTRP Act was not a result of just the two provision of the Constitution of India. After enacting the aforementioned articles, the Government of India assumed the responsibility of overall development of the country. It was incidentally that the Government appointed the ââ¬ËMahalanobis Committeeâ⠬⢠on the Distribution of Income and Levels of Living in October 1960. The main task at hand for this Committee was identifying the pattern of work of large business houses under the ââ¬Ëplanned economyââ¬â¢ regime and whether there was any concentration of economic power. It was after this Committee that the Monopolies Inquiry Commission (MIC) was set-up in 1964 which reported that there was high concentration of economic power in over 85% of industries in India at that point in time. MONOPLIES INQUIRY COMMISSION (MIC) â⬠¢ MIC appointed under Commission of Inquiry Act, 1952 â⬠¢ Scope of inquiry ââ¬â extent and effect of concentration of economic powers in private hands. TOR excluded agriculture sector and public sector â⬠¢ MIC to suggest legislation and other measures to protect essential public interest and also suggest agency for enforcement of the legislation FINDINGS OF THE MIC â⬠¢ Adverse social effects of economic concentration â⬠¢ Government policies one of the main causes of economic concentration â⬠¢ Managing agency system â⬠¢ New technology ââ¬â scale of production â⬠¢ Birth of equity culture ââ¬â increase in size â⬠¢ War efforts of India â⬠¢ Political largesse â⬠¢ MIC used CR3 â⬠¢ Studied 100 products â⬠¢ 64 products were found having CR3 > 75% Infant milk food, biscuits, chocolates, tea, coffee â⬠¢ Dhoti, saree, shirting â⬠¢ Kerosene, coal, petroleum â⬠¢ Lantern, stove, fan, lamp, radio, refrigerator, geyser â⬠¢ Tooth-paste, razor, blade, cigarettes â⬠¢ Vitamins, penicillin â⬠¢ Cars, commercial vehicles, tyres â⬠¢ Cement, sanitary-wares etc â⬠¢ MIC distinguished between industry-wise concentration and country-wise concentration â⬠¢ Large number of industries had either single supplier or one supplier having large share of market. â⬠¢ Collusive behaviour in certain sectors â⬠¢ Entry barrier created by private players Evidence of predatory pricing â⬠¢ Many public sector enterprises enjoyed monopoly â⬠¢ Many restrictive trade practices (RTP) prevalent â⬠¢Hoarding â⬠¢ Re-sale price maintenance â⬠¢ Exclusive dealing â⬠¢ Price fixing â⬠¢ Boycott â⬠¢ Price discrimination ââ¬Å"Big business by its very ââ¬Ëbignessââ¬â¢ sometimessucceed in keeping out competitorsâ⬠RECOMMENDATIONS OF MIC â⬠¢ Non-legislative recommendation â⬠¢ Setting up public sector enterprises in sectors which have little competition â⬠¢ Promoting SMEs and Cooperatives to challenge private monopolies â⬠¢ Continuation of license system and import restrictions Proposed an autonomous Commission headed by a Judge to implement a new law. â⬠¢ The proposed commission to have an investigating arm â⬠¢ Punitive powers to the Commission â⬠¢ Scope of merger control limited to merger involving a dominant enterprise (at least 1/3 of share in production/ supply/distribution) â⬠¢ All proposals for expansion by dominant enterprises to be approved by the proposed Com mission â⬠¢ IPRs to be under the purview of the proposed law. MRTP ACT â⬠¢ Made some significant departures from the recommendations of MIC â⬠¢ RTP prohibited MTP ââ¬â Government can refer to MRTPC for inquiry and recommendation â⬠¢ M & As ââ¬â powers entirely with the Government â⬠¢ Enterprises having Rs. 200 million in assets and dominant enterprises having Rs. 10 million in assets to seek prior approval of Central Government for expansion or setting up a new undertaking â⬠¢ MRTPC had limited Civil Court powers ââ¬â enforcing attendance of witness and calling for documents ââ¬â these powers were not provided to the investigating agency â⬠¢ Trial of offences in the domain of Courts SACHAR COMMISSION â⬠¢ Set up in 1997 to consider the working of MRTP Act and recommend necessary changes. FINDINGS OF THE SACHAR COMMISSION â⬠¢ Reviewed the working of MRTPC during the period 1970-77 â⬠¢ Found that the actual role of MRTPC was limited and mostly advisory â⬠¢ The Government had not made use of the expertise ââ¬â few references to MRTPC for opinion RECOMMENDATIONS OF THE SACHAR COMMITTEE ââ¬â I â⬠¢ Definition of dominant enterprise to be changed ââ¬âenterprises with ? arket share to be termed dominant â⬠¢ Harmonization of definition of ââ¬Ëgoodsââ¬â¢ in the MRTP Act with the Sale of Goods Act â⬠¢ Inter-connected undertakings concept to be introduced to the MRTP Act â⬠¢ Government Undertakings to be brought under purview of MRTPC â⬠¢ Compulsory reference by the Central Government on MTPs to MRTPC â⬠¢ All M&As to be referred for advise of MRTPC, if the Central Government so desires. â⬠¢ Division of enterprises - MRTPC to pass final orders if the Central Government referred the matter to it. Certain Unfair Trade Practices (UTPs) like misleading advertisements to be inserted in the Law â⬠¢ Power to compensate against injury â⬠¢ Power to grant interim injunction â⬠¢ Power of contempt â⬠¢ Investigating arm to be provided more teeth by powers of conducting down raids and limited Civil Court powers 1984 AMENDMENT TO MRTP ACT â⬠¢ Many deviations from the recommendations of the Sachar Committee â⬠¢ Concept of deemed illegality to host of trade practices introduced â⬠¢ Exclusionary behaviour, tie in sale, re-sale price maintenance, bid rigging, allocation of market, boycott predatory pricing etc. Registration of agreements by dominant enterprises made mandatory â⬠¢ Mis-representation as well as misleading or disparaging advertisement included â⬠¢ Provisions prohibiting UTPs introduced 1991 AMENDMENT TO THE MRTP ACT â⬠¢ Provisions dealing with monopolistic en terprises seeking prior Government approval deleted â⬠¢ Government Undertakings, Government Corporations and Government owned Companies brought under the purview of the MRTP Act by notification â⬠¢ Granting of injunction without issue of notice to the effective parties PROVISIONS IN PRESENT MRTP ACT Has jurisdiction in RTP & UTP ââ¬â 14 practices are deemed RTP, but there are gateways in S. 38 â⬠¢ MTP if referred or suo moto, but can only recommend to Government â⬠¢ M & A were deleted in 1991 â⬠¢ Can grant temporary injunction â⬠¢ Has powers of contempt â⬠¢ For disobedience, MRTPC must complain to criminal court RAGHAVAN COMMITTEE â⬠¢ A high level Committee on Competition Policy and Law set up in 1999. â⬠¢ TOR inter-alia included recommending a suitable legislation framework which could either be a new law or appropriate amendments to the MRTP Act FINDINGS OF THE RAGHAVAN COMMITTEE â⬠¢ Word ââ¬Å"competitionâ⬠used sparsely in the MRTP Act ââ¬â only twice â⬠¢ Absence of precise definition e. g. Cartels â⬠¢ Inadequate to deal with implementation of the WTO Agreements â⬠¢ No specific powers under the MRTP Act to deal with mergers â⬠¢ Inadequate in dealing with anti-competitive practices as in other modern competition law â⬠¢ Expedient to have a new Competition Law. Competition Commission of India: Duties Competition Act, 2002 notified in January, 2003 ââ¬â Stated objective (as indicated in Preamble) is to establish the Commission to: â⬠¢ Eliminate practices having adverse effect on competition; â⬠¢ Promote and sustain competition Protect consumersââ¬â¢ interests â⬠¢ Ensure freedom of trade carried on by other participants in markets in India [Section 18]Preamble of the Competition Act, 2002 States: ââ¬Å"keeping in view the economic development of thecountryâ⬠, â⬠¢ to prevent practices having appreciable adverse effect on competition; â⬠¢ to promote and su stain competition in trade and industry: â⬠¢ to protect the interest of consumers; â⬠¢ to ensure freedom of trade carried on by the participants in markets in India; â⬠¢ Objectives to be achieved through the establishment of the Competition Commission of India (CCI). The Competition Act, 2002 ââ¬â new wine in a new bottle There is a significant contrast between the repealed MRTP Act and the Competition Act. The intent of the Competition Act is not to prevent the existence of a monopoly across the board. There is a realization in policy-making circles that in certain industries, the nature of their operations and economies of scale indeed dictate the creation of a monopoly in order to be able to operate and remain viable and profitable. This is in significant contrast to the philosophy which propelled the operation and application of the MRTP Act. The word monopoly is no longer taboo in corporate and political India. The Act declares that person and enterprise are prohibited from entering into a combination which causes or is likely to cause an ââ¬Å"appreciable adverse effectâ⬠on competition within the relevant market in India. A system is provided under the Act wherein at the option of the person or enterprise proposing to enter into a combination may give notice to the CCI of such intention providing details of the combination. The Commission after due deliberation, would give its opinion on the proposed combination. However, entities not required to approach the Commission for this purpose are public financial institutions, FIIs, banks or venture capital funds which are contemplating share subscription, financing or acquisition pursuant to any specific stipulation I a loan agreement or investor agreement. The Act definitely is a new wine in a new bottle. The Competition (Amendment) Bill, 2006 The Competition (Amendment) Bill, 2006, contains provisions designed to address the Supreme Courtââ¬â¢s concerns. It also proposes to make several other changes in sections of the Act dealing with anti-competitive practices. Some proposed amendments are quite sensible, while others (notably a modified leniency programme for firms that provide information about their participation in a cartel) have been inadequately thought out. The amendments designed to placate the Supreme Court will also have some negative consequences. Several weaknesses in the original Act remain unaddressed. Finally, the scarcity of the kind of economic expertise required to interpret the Actââ¬â¢s multifarious technical clauses also remains a matter of concern. Intensive capacity building and a re-assessment of the Act itself are urgently required. Conclusion The quality of governance of the state is being watched very closely by the citizens, investors and the international community. As more freedom is available to businesses to choose from various countries for investment, the competing governments are also conscious about the role of governance in attracting investment. Any perception that the environment is not conducive to competition and the state has been captured by a few big businesses certainly negatively affects the global investment decisions of firms. The same is also true of the situation within different provinces in a country as same considerations are used by the firms in making investment decisions while choosing locations for establishment of an industry. In a market structure where firms face weak competitive pressures and the profits and prices are predictable the firms have little or no incentive to use resources efficiently. Hence competition is accepted worldwide as the life blood of the market economy. It spurs innovation and higher productivity leading to accelerated economic growth; to the consumers it brings the benefit of lower prices, wider choices and better services. The effect of competition on price and accessibility is best illustrated with an example from Indian telecommunications. Tele-density in India has risen from mere 2. 32 in 1999 to 11. 32 in December 2005-07. Also there has been a dramatic fall in telecom tariffs from Rs. 6 per minute to Re. 1 per minute with increased competition in this sector. Similarly, consumers have benefited from competition in other sectors such as civil aviation, automobiles, newspapers and consumer electronics. The enactment of the Competition Act is a commendable step towards achieving the twin mantra of ââ¬Å"open market economyâ⬠and ââ¬Å"liberalizationâ⬠in a mixed economic system. The need for reform in the legal system with regard to comp etition law has been rightly recognized by the legislative bodies in the country. However, the reforms have not been smooth or speedy which has resulted in a stagnation of the legal framework guiding the corporate sector. Further reforms need to be undertaken as fast as possible to ensure that the development of the nation does not take a backseat due to the pending legal reforms. Reforms must provide for good corporate governance, less of government controls and interference, protection of consumers and public interest, rewarding the merits and all to be achieved as soon as possible because world has also options available other than India.
Sunday, September 15, 2019
Are gender differences socially shaped?
a) The term androgyny is the meaning for a person who uses both male and female characteristics. b) Content analysis is the analysing of different communications and the sort of message they're giving out. An example of this is a study of British TV adverts conducted by Manstead and McCulloch in 1981. They found evidence that stereo-typing of the male and female role was significant and that because of this, the adverts are likely to play an active part in shaping cultural attitudes towards women. c) One study in which the experimental method was used was by Money & Erhardt (1972). They were interested in seeing whether a boy who's identity had been changed would develop as a biological male or, because of his new identity, a male. They could compare this with his identical twin brother. The method was that due to an accident during surgery, this child of 7 months suffered injuries to his genitals so badly that the doctors advised to the parents that he should be castrated and given plastic surgery to create a female appearance. During adolescence, the hormone oestrogen was given to the child (known as Joan) to encourage breast development. Money monitored the behaviour of Joan until early adolescence. The results were that Joan did in fact develop as a normal female. She assumed a traditional female identity and was far more feminine than her identical twin brother. The conclusion to this experiment is that if it was presented in the nature vs. nurture debate, nurture would win in this case. Even though Joan was a biological male, the results showed that Joan developed a female gender identity. d) The use of cross-cultural research to investigate gender differences is essentially to point the differences in cultures by environmental factors, shaping the development of gender identity. Mead (1935) conducted a study of three societies to see whether there were differences in gender roles looking at the nature vs. nurture idea. She went to New Guinea for six months to study ââ¬ËThe Arapesh' who lived in the mountains, ââ¬ËThe Mundugamor' who lived by the riverside and ââ¬ËThe Tchambuli' who lived on the lakeside. She wasn't campring the differences between the three groups, but the differences of their culture compared to traditional Western culture. Her results showed that The Arapesh showed that there were similarities between themselves and Western society, although they were more interested in the community than reaching their own individual targets. The Mundugamor showed traits that were described as masculine. Both males and females were ââ¬Ëfierce' and ââ¬Ëcannibalistic'. The Tchambuli had very obvious gender roles, although they were the reverse of the West; men were more artistic and women held more status and economic power. Her conclusion to this was that culture is the major socialising and conditioning agent, particularly in the early years. There's no relationship between biological sex and gender role. Although this has been a hugely studied work, there is some criticisms that should be brought up. She was very young when she produced this study, so she was with little life experience and her judgement may have been influenced and slightly ââ¬Ëover-the-top' in places. She was known to have believed strongly in the idea that the environment is a major factor in shaping gender roles. Mead only spent six months in these places, so didn't get the full yearly cycle. Errington and Gewertz (1989) recognised all of these problems and went to do the same study that Mead had done over 50 years before them. They went to the Tchambuli and recognised that women didn't diominate men, nor did men dominate women. They believed that Mead being a women and experiencing what she may have thought ââ¬Ëunfair' at the time in 1930's Western culture, may have changed her idea of what she was observing. Despite the flaws, this was still a great study that used cross-cultural research to investigate gender differences. In conclusion, I think that cross-cultural studies into gender differences has certainly provided a lot of evidence over the years to show that gender differences are a socially shaped. Traditions and values certainly shape cultural ideas, but maybe due to the nature of evolution, what might appear to be social to us, may now be biological within our bodies, so it would be harder for us to change our ways that we live.
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