Daddy Yankee :: essays research papers

Daddy Yankee With over 15 years of upward growth in the entertainment industry and the Latin music scene, Daddy Yankee has developed to be one of the most respected and influential reggaeton artists. Yankee’s carefully crafted lyrics and his free-style abilities have allowed him to share his views and reach the masses, regardless of his intentions. From love to socially-saturated comments on the everyday Puerto Rican culture, many of his songs have remained solid in the club scene and are considered reggaeton classics. Daddy Yankee’s constant focus and rapid development have allowed him to collaborate with artists such as NAS (they recorded â€Å"The Profecy† together) and a track with mix tape legend and acclaimed Dj Tony Touch for his â€Å"The Peace Maker† album. Daddy was also invited for a cameo appearance in Terror Squad’s video â€Å"100% Percent† while his â€Å"Posicion† track was also included in â€Å"One Tough Cop† soundtrack. Without a doubt, Daddy Yankee's record sales confirm his success and popularity within Latin Music. All of his albums, "El Cartel de Yankee"; "El Cartel de Yankee II"; "El Cangri.com" and "Los Homerunes", have all received platinum status. In 2002, â€Å"El Cangri.com† was the biggest selling album in Puerto Rico, his hometown and one of the most prestigious markets within Latin Music. 2003 was one of the most important years in Daddy Yankee’s career. Shortly after â€Å"Los Homerun-es† album achieved record-breaking sales, one his life-long dreams came true†¦ a full house (12,000+) danced along with him in Puerto Rico’s historic Roberto Clemente Coliseum. The fans went wild as the press acclaimed his ability to bring the house down with his outstanding ability to free-style and his energetic stage performance. The show titled â€Å"Ahora Le Toca Al Cangri† quickly turned into Yankee’s most important and a historic moment in reggaeton music. Without a doubt, his fan’s support along with his personal desire to share his vision with upcoming artists have been key in his development as â€Å"El Cangri’s Inc.† and â€Å"El Cartel Records† founder and lead producer. Currently, Daddy Yankee has been touring Latin America and The United States gathering thousands of fans in each region. Just recently in Colombia, Yankee performed in front of over 60,000 screaming fans. Also, his energy and dedication to his career have allowed him to record over 130 tracks in as many as 70 feature reggaeton albums. Finally, in July of 2004, arrives Barrio Fino, the most anticipated album launch in Reggaeton music. Daddy Yankee :: essays research papers Daddy Yankee With over 15 years of upward growth in the entertainment industry and the Latin music scene, Daddy Yankee has developed to be one of the most respected and influential reggaeton artists. Yankee’s carefully crafted lyrics and his free-style abilities have allowed him to share his views and reach the masses, regardless of his intentions. From love to socially-saturated comments on the everyday Puerto Rican culture, many of his songs have remained solid in the club scene and are considered reggaeton classics. Daddy Yankee’s constant focus and rapid development have allowed him to collaborate with artists such as NAS (they recorded â€Å"The Profecy† together) and a track with mix tape legend and acclaimed Dj Tony Touch for his â€Å"The Peace Maker† album. Daddy was also invited for a cameo appearance in Terror Squad’s video â€Å"100% Percent† while his â€Å"Posicion† track was also included in â€Å"One Tough Cop† soundtrack. Without a doubt, Daddy Yankee's record sales confirm his success and popularity within Latin Music. All of his albums, "El Cartel de Yankee"; "El Cartel de Yankee II"; "El Cangri.com" and "Los Homerunes", have all received platinum status. In 2002, â€Å"El Cangri.com† was the biggest selling album in Puerto Rico, his hometown and one of the most prestigious markets within Latin Music. 2003 was one of the most important years in Daddy Yankee’s career. Shortly after â€Å"Los Homerun-es† album achieved record-breaking sales, one his life-long dreams came true†¦ a full house (12,000+) danced along with him in Puerto Rico’s historic Roberto Clemente Coliseum. The fans went wild as the press acclaimed his ability to bring the house down with his outstanding ability to free-style and his energetic stage performance. The show titled â€Å"Ahora Le Toca Al Cangri† quickly turned into Yankee’s most important and a historic moment in reggaeton music. Without a doubt, his fan’s support along with his personal desire to share his vision with upcoming artists have been key in his development as â€Å"El Cangri’s Inc.† and â€Å"El Cartel Records† founder and lead producer. Currently, Daddy Yankee has been touring Latin America and The United States gathering thousands of fans in each region. Just recently in Colombia, Yankee performed in front of over 60,000 screaming fans. Also, his energy and dedication to his career have allowed him to record over 130 tracks in as many as 70 feature reggaeton albums. Finally, in July of 2004, arrives Barrio Fino, the most anticipated album launch in Reggaeton music.

Constance Backhouses Petticoats and Prejudice :: essays research papers

As students sit in class and look up at their female professors they do not think of all of the women who sacrificed themselves for the opportunity for other women to be seen as societal equals. Each of us should place ourselves in the birthplace of the women’s movement that Constance Backhouse depicted in her book Petticoats and Prejudice. After reading this book all man ought to be ashamed of being part of the heritage that contributed to the hardships that were forced upon women of the 19th century. The misfortunes that Zoà © Mignault, Amelia Hogle, Mary Hunt, Ellen Rogers, Emily Howard Stowe, Euphemia Rabbitt, and Clara Brett had throughout their lives are something that nobody would want to experience themselves.   Ã‚  Ã‚  Ã‚  Ã‚  When looking back at the developing countries of the nineteenth century, it is quite simple to see that Canada was one of the most advance countries in the world. Eventhough this free and democratic country advanced itself in the areas of equality throughout the years; there will forever be inequalities for some, and struggles for many. Petticoats and Prejudice gives clear and precise examples of the hardships women fought through in the 1800s. The primary focus of the book was to give a manifest and latent demonstration of how the biased attitudes of society reflected the legal system, and vice versa. There were several issues that were discussed in the book, including abortion, infanticide, sexual assault, marriage, divorce, separation, child custody, seduction, rape, prostitution and labour legislation. Very early in the book it was made quite evident the struggles that women had encountered in their tough lives. It demonstrated their fight for the rights and privileges that many women of the world so commonly enjoy.   Ã‚  Ã‚  Ã‚  Ã‚  The first chapter in the book dealing with marriage demonstrates a clear and precise attitude towards women and their social standings in society. The Zoà © Mignault case was a perfect example of how the patriarchal system was in affect. The father controlled every aspect of a young girl’s life, including picking a husband for her. The legal system at this time simply encouraged this type of action and supported these types of power imbalances.   Ã‚  Ã‚  Ã‚  Ã‚  The book then flows into the section of seduction. This chapter looks at how women were mistreated by their employers as well as other men. One example it examined would be the difficult times women had in trying to get guys to face up to their actions after pregnancy. Constance Backhouse's Petticoats and Prejudice :: essays research papers As students sit in class and look up at their female professors they do not think of all of the women who sacrificed themselves for the opportunity for other women to be seen as societal equals. Each of us should place ourselves in the birthplace of the women’s movement that Constance Backhouse depicted in her book Petticoats and Prejudice. After reading this book all man ought to be ashamed of being part of the heritage that contributed to the hardships that were forced upon women of the 19th century. The misfortunes that Zoà © Mignault, Amelia Hogle, Mary Hunt, Ellen Rogers, Emily Howard Stowe, Euphemia Rabbitt, and Clara Brett had throughout their lives are something that nobody would want to experience themselves.   Ã‚  Ã‚  Ã‚  Ã‚  When looking back at the developing countries of the nineteenth century, it is quite simple to see that Canada was one of the most advance countries in the world. Eventhough this free and democratic country advanced itself in the areas of equality throughout the years; there will forever be inequalities for some, and struggles for many. Petticoats and Prejudice gives clear and precise examples of the hardships women fought through in the 1800s. The primary focus of the book was to give a manifest and latent demonstration of how the biased attitudes of society reflected the legal system, and vice versa. There were several issues that were discussed in the book, including abortion, infanticide, sexual assault, marriage, divorce, separation, child custody, seduction, rape, prostitution and labour legislation. Very early in the book it was made quite evident the struggles that women had encountered in their tough lives. It demonstrated their fight for the rights and privileges that many women of the world so commonly enjoy.   Ã‚  Ã‚  Ã‚  Ã‚  The first chapter in the book dealing with marriage demonstrates a clear and precise attitude towards women and their social standings in society. The Zoà © Mignault case was a perfect example of how the patriarchal system was in affect. The father controlled every aspect of a young girl’s life, including picking a husband for her. The legal system at this time simply encouraged this type of action and supported these types of power imbalances.   Ã‚  Ã‚  Ã‚  Ã‚  The book then flows into the section of seduction. This chapter looks at how women were mistreated by their employers as well as other men. One example it examined would be the difficult times women had in trying to get guys to face up to their actions after pregnancy.

A Brief History of English and American Literature Essay

The Norman conquest of England, in the 11th century, made a break in the natural growth of the English language and literature. The old English or Anglo−Saxon had been a purely Germanic speech, with a complicated grammar and a full set of inflections. For three hundred years following the battle of Hastings. this native tongue was driven from the king’s court and the courts of law, from parliament, school, and university. During all this time there were two languages spoken in England. Norman French was the birth−tongue of the upper classes and English of the lower. When the latter finally got the better in the struggle, and became, about the middle of the 14th century, the national speech of all England, it was no longer the English of King Alfred. It was a new language, a grammarless tongue, almost wholly {12} stripped of its inflections. It had lost a half of its old words, and had filled their places with French equivalents. The Norman lawyers had introduced legal terms; the ladies and courtiers, words of dress and courtesy. The knight had imported the vocabulary of war and of the chase. The master−builders of the Norman castles and cathedrals contributed technical expressions proper to the architect and the mason. The art of cooking was French. The naming of the living animals, ox, swine, sheep, deer, was left to the Saxon churl who had the herding of them, while the dressed meats, beef, pork, mutton, venison, received their baptism from the table−talk of his Norman master. The four orders of begging friars, and especially the Franciscans or Gray Friars, introduced into England in 1224, became intermediaries between the high and the low. They went about preaching to the poor, and in their sermons they intermingled French with English. In their hands, too, was almost all the science of the day; their medicine, botany, and astronomy displaced the old nomenclature of leechdom, wort−cunnin g, and star−craft. And, finally, the translators of French poems often found it easier to transfer a foreign word bodily than to seek out a native synonym, particularly when the former supplied them with a rhyme. But the innovation reached even to the commonest words in every−day use, so that voice drove out steven, poor drove out earm, and color, use, and place made good their footing beside hue, {13}wont, and stead. A great part of the English words that were left were so changed in spelling and pronunciation as to be practically new. Chaucer stands, in date, midway between King Alfred and Alfred Tennyson, but his English differs vastly more from the former’s than from the latter’s. To Chaucer Anglo−Saxon was as much a dead language as it is to us. The classical Anglo−Saxon, moreover, had been the Wessex dialect, spoken and written at Alfred’s capital, Winchester. When the French had displaced this as the language of culture, there was no longer a â€Å"king’s English† or any literary standard. The sources of modern standard English are to be found in the East Midland, spoken in Lincoln, Norfolk, Suffolk, Cambridge, and neighboring shires . Here the old Anglian had been corrupted by the Danish settlers, and rapidly threw off its inflections when it became a spoken and no longer a written language, after the Conquest. The West Saxon, clinging more tenaciously to ancient forms, sunk into the position of a local dialect; while the East Midland, spreading to London, Oxford, and Cambridge, became the literary English in which Chaucer wrote. The Normans brought in also new intellectual influences and new forms of literature. They were a cosmopolitan people, and they connected England with the continent. Lanfranc and Anselm, the first two Norman archbishops of Canterbury, were learned and splendid prelates of a {14} type quite unknown to the Anglo−Saxons. They introduced the scholastic philosophy taught at the University of Paris, and the reformed discipline of the Norman abbeys. They bound the English Church more closely to Rome, and officered it with Normans. English bishops were deprived of their sees for illiteracy, and French abbots were set over monasteries of Saxon monks. Down to the middle of the 14th century the learned literature of England was mostly in Latin, and the polite literature in French. English did not at any time altogether cease to be a written language, but the extant remains of the period from 1066 to 1200 are few and, with one exception, unimportant. After 1200 English came more and more into written use, but mainly in translations, paraphrases, and imitations of French works. The native genius was at school, and followed awkwardly. The Anglo−Saxon poetry, for example, had been rhythmical and alliterative. It was commonly written in lines containing four rhythmical accents and with three of the accented syllables alliterating. R_este hine thà ¢ r_à ºm−heort; r_à ©ced hlifade G_eà ¡p and g_à ³ld−fà ¢h, gà ¤st inne swà ¤f. Rested him then the great−hearted; the hall towered Roomy and gold−bright, the guest slept within. This rude energetic verse the Saxon scà ´p had sung to his harp or glee−beam, dwelling on the {15} emphatic syllables, passing swiftly over the others which were of undetermined number and position in the line. It was now displaced by the smooth metrical verse with rhymed endings, which the French introduced and which our modern poets use, a verse fitted to be recited rather than sung. The old English alliterative verse continued, indeed, in occasional use to the 16th century. But it was linked to a forgotten literature and an obsolete dialect, and was doomed to give way. Chaucer lent his great authority to the more modern verse system, and his own literary models and inspirers were all foreign, French or Italian. Literature in England began to be once more English and truly national in the hands of Chaucer and his contemporaries, but it was the literature of a nation cut off from its own past by three centuries of foreign rule. The most noteworthy English document of the 11th and 12th centuries was the continuation of the Anglo−Saxon chronicle. Copies of these annals, differing somewhat among themselves, had been kept at the monasteries in Winchester, Abingdon, Worcester, and elsewhere. The yearly entries were mostly brief, dry records of passing events, though occasionally they become full and animated. The fen country of Cambridge and Lincolnshire was a region of monasteries. Here were the great abbeys of Peterborough and Croyland and Ely minster. One of the earliest English songs tells how the savage heart of the Danish {16} king Cnut was softened by the singing of the monks in Ely. Merie sungen muneches binnen Ely Tha Cnut chyning reu ther by; Roweth, cnihtes, noer the land, And here we thes muneches sang. It was among the dikes and marshes of this fen country that the bold outlaw Hereward, â€Å"the last of the English,† held out for some years against the conqueror. And it was here, in the rich abbey of Burch or Peterborough, the ancient Medeshamstede (meadow−homestead) that the chronicle was continued for nearly a century after the Conquest, breaking off abruptly in 1154, the date of King Stephen’s death. Peterborough had received a new Norman abbot, Turold, â€Å"a very stern man,† and the entry in the chronicle for 1170 tells how Hereward and his gang, with his Danish backers, thereupon plundered the abbey of its treasures, which were first removed to Ely, and then carried off by the Danish fleet and sunk, lost, or squandered. The English in the later portions of this Peterborough chronicle becomes gradually more modern, and falls away more and more from the strict grammatical standards of the classical Anglo−Saxon. It is a most valuable historical monument, and some passages of it are written with great vividness, notably the sketch of William the Conqueror put down in the year of his death (1086) by one who had â€Å"looked upon him and at another time dwelt in his court.† {17} â€Å"He who was before a rich king, and lord of many a land, he had not then of all his land but a piece of seven feet. . . . Likewise he was a very stark man and a terrible, so that one durst do nothing against his will. . . . Among other things is not to be forgotten the good peace that he made in this land, so that a man might fare over his kingdom with his bosom full of gold unhurt. He set up a great deer preserve, and he laid laws therewith that whoso should slay hart or hind, he should be blinded. As greatly did he love the tall deer as if he were their father.† With the discontinuance of the Peterborough annals, English history written in English prose ceased for three hundred years. The thread of the nation’s story was kept up in Latin chronicles, compiled by writers partly of English and partly of Norman descent. The earliest of these, such as Ordericus Vitalis, Simeon ofDurham, Henry of Huntingdon, and William of Malmesbury, were contemporary with the later entries of the Saxon chronicle. The last of them, Matthew of Westminster, finished his work in 1273. About 1300 Robert, a monk of Gloucester, composed a chronicle in English verse, following in the main the authority of the Latin chronicles, and he was succeeded by other rhyming chroniclers in the 14th century. In the hands of these the true history of the Saxon times was overlaid with an ever−increasing mass of fable and legend. All real knowledge of the period {18} dwindled away until in Capgrave’s Chronicle of England, written in prose in 1463−64, hardly any thing of it is left. In history as in literature the English had forgotten their past, and had turned to foreign sources. It is noteworthy that Shakspere, who borrowed his subjects and his heroes sometimes from authentic English history, sometimes from the legendary history of ancient Britain, Denmark,and Scotland, as in Lear, Hamlet, and Macbeth, ignores the Saxon period altogether. And Spenser, who gives in his second book of the Faerie Queene, a resumà © of the reigns of fabulous British kings—the supposed ancestors of Queen Elizabeth, his royal patron—has nothing to say of the real kings of early England. So completely had the true record faded away that it made no appeal to the imaginations of our most patriotic poets. The Saxon Alfred had been dethroned by the British Arthur, and the conquered Welsh had imposed their fictitious genealogies upon the dynasty of the conquerors. In the Roman de Rou, a verse chronicle of the dukes of Normandy, written by the Norman Wace, it is related that at the battle of Hastings the French jongleur, Taillefer, spurred out before the van of William’s army, tossing his lance in the air and chanting of â€Å"Charlemagne and of Roland, of Oliver and the peers who died at Roncesvals.† This incident is prophetic of the victory which Norman song, no less than Norman arms, was to win over England. The lines which Taillefer {19} sang were from the Chanson de Roland, the oldest and best of the French hero sagas. The heathen Northmen, who had ravaged the coasts of France in the 10th century, had become in the course of one hundred and fifty years, completely identified with the French. They had accepted Christianity, intermarried with the native women, and forgotten their own Norse tongue. The race thus formed was the most brilliant in Europe. The warlike, adventurous spirit of the vikings mingled in its blood with the French nimbleness of wit and fondness for display. The Normans were a nation of knights−errant, with a passion for prowess and for courtesy. Their architecture was at once strong and graceful. Their women were skilled in embroidery, a splendid sample of which is preserved in the famous Bayeux tapestry, in which the conqueror’s wife, Matilda, and the ladies of her court wrought the history of the Conquest. This national taste for decoration expressed itself not only in the ceremonious pomp of feast and chase and tourney, but likewise in literature. The most characteristic contribution of the Normans to English poetry were the metrical romances or chivalry tales. These were sung or recited by the minstrels, who were among the retainers of every great feudal baron, or by the jongleurs, who wandered from court to castle. There is a whole literature of these romans d’ aventure in the Anglo−Norman dialect of French. Many of them are {20} very long—often thirty, forty, or fifty thousand lines—written sometimes in a strophic form, sometimes in long Alexandrines, but commonly in the short, eight−syllabled rhyming couplet. Numbers of them were turned into English verse in the 13th, 14th, and 15th centuries. The translations were usually inferior to the originals. The French trouvere (finder or poet) told his story in a straight−forward, prosaic fashion, omitting no details in the action and unrolling endless descriptions of dresses, trappings, gardens, etc. He invented plots and situations full of fine possibilities by which later poets have profited, but his own handling of them was feeble and prolix. Yet there was a simplicity about the old French language and a certain elegance and delicacy in the diction of the trouveres which the rude, unformed English failed to catch. The heroes of these romances were of various climes: Guy of Warwick, and Richard the Lion Heart of England, Havelok the Dane, Sir Troilus of Troy, Charlemagne, and Alexander. But, strangely enough, the favorite hero of English romance was that mythical Arthur of Britain, whom Welsh legend had celebrated as the most formidable enemy of the Sassenach invaders and their victor in twelve great battles. The language and literature of the ancient Cymry or Welsh had made no impression on their Anglo−Saxon conquerors. There are a few Welsh borrowings in the English speech, such as bard and druid; but in the old Anglo−Saxon literature there are {21} no more traces of British song and story than if the two races had been sundered by the ocean instead of being borderers for over six hundred years. But the Welsh had their own national traditions, and after the Norman Conquest these were set free from the isolation of their Celtic tongue and, in an indirect form, entered into the general literature of Europe. The French came into contact with the old British literature in two places: in the Welsh marches in England and in the province of Brittany in France, where the population is of Cymric race and spoke, and still to some extent speaks, a Cymric dialect akin to the Welsh. About 1140 Geoffrey of Monmouth, a Benedictine monk, seemingly of Welsh descent, who lived at the court of Henry the First and became afterward bishop of St. Asaph, produced in Latin a so−called Historia Britonum in which it was told how Brutus, the great grandson of Aeneas, came to Britain, and founded there his kingdom called after him, and his city of New Troy (Troynovant) on the site of the later London. An air of historic gravity was given to this tissue of Welsh legends by an exact chronology and the genealogy of theBritish kings, and the author referred, as his authority, to an imaginary Welsh book given him, as he said, by a certain Walter, archdeacon of Oxford. Here appeared that line of fabulous British princes which has become so familiar to modern readers in the plays of Shakspere and the poems of Tennyson: Lear and his {22} three daughters; Cymbeline, Gorboduc, the subject of the earliest regular English tragedy, composed by Sackville and acted in 1562; Locrine and his Queen Gwendolen, and his daughter Sabrina, who gave her name to the river Severn, was made immortal by an exquisite song in Milton’s Comus, and became the heroine of the tragedy of Locrine, once attributed to Shakspere; and above all, Arthur, the son of Uther Pendragon, and the founder of the Table Round. In 1155 Wace, the author of the Roman de Rou, turned Geoffrey’s work into a French poem entitled Brut d’ Angleterre, â€Å"brut† being a Welsh word meaning chronicle. About the year 1200 Wace’s poem was Englished by Layamon, a priest of Arley Regis, on the border stream of Severn. Layamon’s Brut is in thirty thousand lines, partly alliterative and partly rhymed, but written in pure Saxon English with hardly any French words. The style is rude but vigorous, and, at times, highly imaginative. Wace had amplified Geoffrey’s chronicle somewhat, but Layamon made much larger additions, derived, no doubt, from legends current on the Welsh border. In particular the story of Arthur grew in his hands into something like fullness. He tells of the enchantments of Merlin, the wizard; of the unfaithfulness of Arthur’s queen,Guenever; and the treachery of his nephew, Modred. His narration of the last great battle between Arthur and Modred; of the wounding of the king—â€Å"fifteen fiendly wounds he had, one might in the least {23} three gloves thrust—†; and of the little boat with â€Å"two women therein, wonderly dight,† which came to bear him away to Avalun and the Queen Argante, â€Å"sheenest of all elves,† whence he shall come again, according to Merlin’s prophecy, to rule the Britons; all this left little, in essentials, for Tennyson to add in his Death of Arthur. This new material for fiction was eagerly seized upon by the Norman romancers. The story of Arthur drew to itself other stories which were afloat.

Domestic Tourism Essay

Whether it is to rest, discover new things, meet others or to have a unique experience, everyone has a right to tourism; in short, there are not, there should not be, and there cannot be two categories of human beings, those who can be tourists and those who can only receive them. These two activities are, in fact, but two sides of the same human activity; both of them are noble and respectable and everyone is entitled to them. Domestic tourism (DT), historically speaking, is in fact the first form of tourism that was practised and today it continues to account for the most part of this activity by far: it is estimated that out of the 4.8 billion tourist arrivals per year (2008 figure), 4 billion, or 83%, correspond to domestic tourism. Likewise, the UNWTO’s economists estimate that at the global level domestic tourism represents: * 73% of total overnights * 74% of arrivals and 69% of overnights at hotels * 89% of arrivals and 75% of overnights in other (non-hotel) accommodations In light of these impressive figures, one is prompted to ask three questions: 1. What are the characteristics of domestic tourism? 1. AS FOR ITS CHARACTERISTICS, especially when compared to international tourism, it is possible to start with three fundamental observations: * 11. In contrast to international tourists, domestic tourists know the destination, its language, its customs, its laws, its climate, its cultural context. This has at least two consequences: * 111. As a general rule, domestic tourists are more demanding, especially when it comes to the quality of products, and also with regard to their consumer-protection rights * 112. Out of the four main motivations of tourists (discovery, encountering others, experiencing something unique, resting) the last two are certainly more prominent among domestic tourists * 1121. They seek a very wide diversity of types of destinations and tourism activities, in other words, the range of product offerings should be as broad as possible. * 1122. At the same time, domestic tourism is practiced more in a sedentary (staying in the same place) than a nomadic manner, the latter being more suited for more distant destinations. * 12. Second characteristic: domestic destinations are nearer * 121. Visits are more frequent and there are more repeat stays, notably with family and especially in the rural region of provenance of many urban residents * 122. Land transport is predominantly used: 88% compared to 51% for international tourism * 13. Third characteristic: as the destination is nearer and land transport is used more, the cost of trips is lower: * 131.Given that the barrier represented by trip cost is brought down, domestic travellers seek the best price-quality ratio, or often the lowest possible price, in all segments of the tourism value chain: accommodation, food services, tourism activities, shopping, etc†¦ * 132. they therefore seek alternative, non-hotel accommodations because, among other things, they are going to return several times to the destination and, while there, they prepare subsequent stays by informing themselves about the local accommodation offerings * 133. last, but not least importantly, they stay for longer periods * 14. The combination of these three basic characteristics (knowledge and proximity of the destination, lower cost of transport) brings about an entire series of other consequences; five of them can be mentioned: * 141. The social composition is broader, and domestic tourism involves all social strata, from the richest to persons with modest (but stable) incomes * 142. Certain social categories are much more highly represented in domestic tourism than in international tourism: * families * children and teenagers * seniors * disabled persons * households with modest but stable incomes * 143. This social diversity gives rise to a large diversity in the demand, in terms of accommodation and tourism products as well as activities and destinations. * 144. DT is less geographically concentrated and is relatively better distributed throughout the national territory, with a strong presence in the region of provenance of families. * 145. Unit expenditure is markedly lower than in international tourism, especially interregional tourism, but the overall volume of expenditure is markedly higher. 2. What is its impact on the social life of a country or a region? Five types of main impacts can be mentioned: * 21. DT is much less sensitive to crises, whether economic (e.g., 2009: substitution effect), natural, health or political (e.g., 2005 civil unrest in France). It is therefore an excellent crisis shock-absorber, especially in the case of economic crises. * 22. Due to its income redistribution effect (from tourists to local populations) and its various multiplier effects all throughout the value chain, it is an excellent tool for territorial development, for example for: * zones under redevelopment: e.g., northern China, southern Poland, eastern Germany, northern France, Wales * zones of rural exodus * mountain regions (in France, extremely poor regions in the Alps at the start of the 20th century) * 23. It is an excellent instrument for easing social tensions: * by allowing social categories of modest income to gain access to holidays and rest * by preventing situations where the same people (from the same countries) are always the tourists and with the same people receiving them * 24. It can serve to launch a destination (e.g., some of the oldest resorts of European tourism; the very new resort of Mazagan, Morocco, launched in October 2009 for the domestic market) * 25. From the macroeconomic point of view, it makes it possible to amortize national spending on international tourism: * physical investments: transport, accommodation, development and protection of public spaces (examples of Languedoc, Costa del Sol, Chinese seashore resorts) * intangible investments, mainly training and quality 3. How can we develop strong domestic tourism? One caveat: There is no magic formula and much depends on the national and regional context. A second caveat: The development of domestic tourism should not be regarded as antagonistic or alternative to international tourism; these two forms of tourism are different to be sure, but they complement each other closely and one should not be neglected in favour of the other. It is nevertheless possible to identify some broad guidelines: 31. Diversifying and developing * 311. transport: * low-cost air transport: the comparative advantage of low-cost airlines vis-à  -vis â€Å"traditional† airlines has to do with reductions in ground costs: (headquarters, booking, stops) and turnaround rate: consequently, the shorter the flight, the more competitive low-cost airlines are; it is thus a means of transport that is particularly well-suited to domestic tourism * railway network and especially high-speed rail * road and highway network (e.g., French and Austrian Alps, US) * 312. accommodation * hotels: developing family-run hotels and voluntary chains of independent hotels (pooled marketing, promotion, sales and quality standards) * residences (self-catering by families) * seasonal rentals: notably by developing quality standards and encouraging the establishment of voluntary chains for sales and promotion * camping sites, by moving upmarket (e.g., Morocco) * rural inns: notably through incentives (tax or subsidy) for the renovation of old buildings (a lot of examples worldwide) * bed & breakfasts, by providing them with a legal framework that clearly distinguishes them from hotels (taxation, definition of products, quality standards) * youth hostels * categories for nature, sea and snow (avoiding the serious errors of France on the subject of safety and security regulations) * 32. Adapting accommodations to local demand: the matter of family composition, e.g., China, Europe, Arab countries. As a general rule, accommodations adapted to families are: * larger * lower: one or two storeys * allow greater autonomy: kitchens, washing machines†¦ * allow long stays (sedentary tourism) * 33. It needs consequently to address the matters of: * land costs and development; * very long-term public and semi-public financing; * tax policy * 34. Expanding the demand: this is the role of tourism for all, namely policies that consist in: * 341. Making the demand more solvent, that is, â€Å"boosting† the purchasing power of families with modest incomes through: * holiday vouchers (Italy, France, China) * specific subsidies to low-income families (France, Russia), to young people and to seniors (Spain) * preferential rates on rail transport for families, young people, seniors * 342. Subsidizing accommodations meant for social purposes: works councils, associations, local groups or governments (e.g., in Belgium, Mexico, Brazil) * 343. Developing accessibility for disabled persons. * 35. Developing structures for activity organization and promotion at the regional/provincial level and at the local level (tourism offices) This document is an adaptation of a lecture delivered during the  « Rencontre internationale sur le dà ©veloppement du tourisme domestique  » Algiers, 9 Dec. 2010

Conflicts of Law Course Outline

2011 CONFLICT OF LAWS COURSE OUTLINE AND READING MATERIALS Books: Morris, The Conflict of Laws (3 ed. ) 1984 Cheshire and North, Private International law (11 ed. ) 1987 Collier, Conflict of Laws (1988) Reference: Dicey and Morris, Conflict of Laws (11 ed. ) 1987 Casebook: Morris and North, Cases and Materials on Private International Law (1984) Other works: Anton, Private International Law (of Scotland) 1967. Cook, Logical and Legal Bases of the Conflict of Laws (1942) ; Graveson, The Conflict of Laws (7 ed. ) 1974; Wolff, Private International Law (2 ed. ) 1950. INTRODUCTION 1. Nature and Scope of the Subject Morris Ch. 1 (and 34), Cheshire Ch. 1 Collier, Ch. 1, 2, 21, 22 Anton Ch. 2. Mehrunnissa v Parves (1981) KLR 547 2. Reasons for the basis of the Conflict of Laws: Theories: Territoriality, Vested Rights, Comity, Local Law; see Davies (1937) 18 BYIL 49. Slater v Mexican National Rly 194 US 120, 126 (1904) Loucks v Standard Oil Co. of NY. 224 N. Y. 99 (1918). JURISDICTION 1. Preliminary Issues Patel v Singh (No 2) (1987) KLR 585 2. Common Law Position Morris Ch. 6; Cheshire, Chs. 10,11; Collier Ch. 6; Dicey, Ch. 11. (a)Presence, Submission, Effectiveness Colt Industries v Sarlie (No. ) (1966) 1 W. L. R. 440; Maharanee of Baroda v Wildenstein (1972) 2 Q. B. 282; Re Dulles (1951) Ch. 842; Manta Line v Sofianites (1984) 1 L1. R. 14. Union Bank of M. E. v Clapham (1981) â€Å"Times†, 20 July. Obikoya v Silvernorth (1983) â€Å"Times† 6 July The Messianiki Tolmi (1984) 1L1. R. 266 Williams & Glyn`s v Astro Dinamico (1984) 1 All E. R. 760. Kanti v South British Ins. Co. Ltd. (1981) K. L. R. 1 (b)Limitations Cheshire Ch. 13 British South Africa Co v Companhia de Mocambique (1893) A. C 602 Mackinnon v Donaldson Lufkin and Jenrette Securities Corpn. (1986) 1 All E. R. 563 Ministry of Defence of the Govt of UK v Ndegwa (1983) K. L. R 68 (c)Staying of Actions Morris, Ch. 8; Cheshire Ch. 12; Collier Ch. 7; Dicey Ch. 13. (i)General St. Pierre v South American Stores (1936)1 K. B. 382, at 398; Logan v Bank of Scotland (No. 2) (1906) 1 K. B. 141; Egbert v Short (1907) 2 Ch 205; Re Norton`s Settlement (1908) 1 Ch. 471. Maharanee of Baroda v Wildenstein (1972) 2 . Q. B. 283; The Atlantic Star (1974) A. C. 436; McShannon v Rockware Glass (1978) A. C. 795; The Wladslaw Lokictek (1978) 2 L1. R. 520. The Wellamo (1980) 2 L1. R. 229. European Asian Bank v Punjab & Sind Bank (1981) 2 L1. R. 65. Coupland v Arabian Gulf Petroleum (1983) 2 All E. R. 436 (1983) 1 W. L. R. 1136 The Abidin Daver (1984) A. C. 398 The Jalakrishna (1983) 2 L1. R. 628. The Traugutt (1985) 1 L1. R. 76; The Forum Craftsmen (1985) 1 L1. R. 291. Spiliada v Cansulex (1987) A. C. 460. E. I. Pont de Nemours v Agnew (1987) 2 L1. R. 585; De Dampierre v de Dampierre (1988) A. C. 92. Ocean Sun v Fay (1988) 29 A. L. R. 9. The Francois Vieljeux (1982-88) 1 KAR 398, (1984) K. L. R.. 1 United India Insurance Company and Kenindia Insurance Companyv E. A Underwriter &Anor (1982-88) 1 KAR 639, ((1985) K. L. R 898 (ii)Lis Alibi Pendens St . Pierre v South American Stores (above); McHenry v Lewis (1882) 22 Ch. D. 397; Cohen v Rothfield (1919) 1 K. B. 410; Ionian Bank v Coouvreur (1969) 1 W. L. R. 781; The Christianborg (1885) 10 P. D. 141; The Atlantic Star (1974) A. C. 436. Bushby v Munday (1821) 5 Madd. 297; Orr-Lewis v O-L (1949) P. 347; Sealy (orse. Callan) v Callan (1953) P. 135. The Tyllie Lykes (1977) 1 L1. R. 436 Castanho v Brown & Root (1981) A. C. 557; The Abidin Daver (1984) A. C. 398; Metall und Rohstoff v ACLI Metals (1984) 1 L1. R. 598; Societe N. I. Aerospitiale v Lee Kui Jak (1987) A. C. 871; South Carolina v Ass. de Zeven Provincien (1987) A. C. 24; Meadows Insurance v Ins. Corp. of Ireland (1989) 2 L1. R. 298; Pont de Nemours v Agnew (1988) 2 L1. R. 240; A-G v Arthur Anderson (1988) `Independent` 31 March (iii)Submission to Foreign Arbitration or Foreign Court Arbitration Act (Act N0. 4 of 1995)); Law v Garret (1878) 8 Ch. D. 26 ; The Fehmarn (1958) 1 W. L. R. 159; Mackender v Feldia (1967) 2 Q. B. 590; The Eleftheria (1970) P. 94; Evans Marshall v Bertola (1973) 1 W. L. R. 349. The Vishva Prabha (1979) 2 L. 1. Rep. 286. Carvalho v Hull Blyth (1979) 1 W. L. R. 1228. The El Amria (1980) 1 L1. R. 39; The Kislovodsk (1980) 1 L1. R. 183; Trendex v Credit Suisse (1982) A. C. 679; The Biskra (1983) 2 L1. R. 59; The Hollandia (1983) A. C. 565; The Benarty (1985) Q. B. 325. The Atlantic Song (1983) 2 L1. R. 394. Kisumuwaalla Oil Industries and PanAsiatic Commodities Pte Ltd v E. A. Storage Company Ltd Civil Appeal No 100 of 1995 Naizsons (K) Ltd v China Road and Bridge Corp (Kenya) (2001) 2 E. A. 502 Friendship Container Manufacturers Ltd. v Mitchell Cotts (K) Ltd (2001 2 E. A. 38 Tononoka Steels Ltd v The Eastern ans Souther Africa Development Bank 2 (2000) E. A. 536 Indigo E. P. Z. Ltd v. The P. T. A Bank (2002) 1K. L. R. 811 Raytheon Aircraft Credit Corpn & Anor v Air Al-Faray Ltd (2005) eKLR (iv)Proceedings abroad Settlement Corpn. v Hochschild (1966) Ch. 10; Smith Kline & French v Bloch (1983) 1 W. L. R. 730; Societe Nationale Industrielle Aerospatiale v Lee Ku i Jak (1987) 3 All. E. R. 510 British Airways v Laker Airways (1985) A. C. 58; Smith Kline & Bloch (No. 2) (1984) `Times` 14 Nov; Midland Bank v Laker Airways (1986) 1 All E. R. 526. 3. Statutory Position Service out of the jurisdiction under Civil Procedure Rules only with leave of the court: Order V Rule 21 a) General Principles: The Hagen (1908) P. 189; GAF v Amchen (1975) 1 L1. R. 601: Amin Rasheed v Kuwait Insurance (1984) A. C. 50: Spiliada Maritime v Cansulex (1987) A. C. 460. Mackender v Feldia (1967) 2 Q. B. 590; Evans Marshall v Bertola (1973) 1 W. L. R. 349; Attock Cement v Romanian Bank (1989) 1 W. L. R. 1147; Matthews v Kuwait Bechtel (1959) 2 Q. B. 57. b) Domicile: Re Liddell`s ST (1936) Ch. 365. (Ord 11, rule 4) c) Injunction: Rosler v Hilbery (1925) Ch. 250: The Siskina (1979) A. C. 210(CJ and J Act 1982 s. 25 ). X v Y and Y Republic of Haiti v Duvalier (1990) Q. B. 202. d) Necessary or proper party: Chancy v Murphy (1948) W. N. 130 Witted v Galbraith (1949) A. C. 326; The Brabo (1949) A. C. 326 Multinational Gas v M. G. Services (1983) 3 W. L. R. 492. Qatar Petroleum v Shell (1983) L1. R. 35. e) Contract: Finnish Marine v Protective Ins. (1990) 2 W. L. R. 914; Hutton v Moffarij (1989) 1 W. L. R. 488; Entores v Miles Far East Corporation (1955) 2 Q. B. 327: Brinkibon v Stahag Stahl (1982) 2 A. C. 34 Islamic Arab Insurance v Saudi Egyptian (1987) 1 L. R. 315; National Mortgage Co of NZ v Gosselin (1922) 38 T. L. R. 382; See cases on proper law of contract, esp. Amin Rasheed v Kuwait Insurance (1984) A. C. 50; The Magnum (1988) 1 L1. R. 47; The Chapparal (1968) 2 L1. R. 158; Johnson v Taylor (1920) A. C. 144: f) Tort: Handelskwerkerij be Bier v Mines de Potasse. (1978) Q. B. 708 Metall u Rohstoff v Donaldson Lufkin (1990) Q. B. 391. g) Land: Agnew v Ussher (1884) 14 Q. B. D. 78; Kaye v Sutherland (1887) 20 Q. B. D. 147: Tassel v Hallen (1892) 1 Q. B. 321: Official Reciever v Stype (1983) 1 W. L. R. 214. (h)Trusts: i)Administration of estates, probate: (j)Enforcement of judgement and awards 4. Brussels Convention (a)Objectives; comparison with common law: Berisford v New Hampshire (1990) 2 All E. R. 321; Arkwright v Bryanston (1990) 2 All E. R 335. Owusu v Jackson and Others Case C-128/01 Cheshire, Chs. 14, 16; Collier Ch. 9; Dicey, Chs. 11, 14. Part I. b) Interpretation: (Reference to European Court: arts 2, 3) LTU v Eurocontrol (1 976) ECR 1561; Bavaria & Germania v Eurocontrol (1977) ECR 1517; Netherlands v Ruffer (1980) ECR 3807; Gourdain v Nadler (1979) ECR 733; Bertrand v Ott (1978) ECR 1431; Somafer v Saar-Ferngas (1978) ECR 2183; Industrial Diamond Supplies v Riva (1977) ECR 2175; Duijnstee v Goderbauer (1983) ECR 3663; . Tessili v Dunlop (1976) ECR 1473. c) Sphere of application: civil and commercial matters (art. 1): LTU v Eurocontrol; Bavaria and Germania v Eurocontrol; Netherlands v Ruffer. Exceptions: De cavel v De C. (No. 1) (1979) ECR 105; (No. 2) (1980) ECR 731; W v H (1982) ECR 1189; see also The Deichland (1990) Q. B. 361. d) Jurisdiction (Arts 2-23): i) General rule: domicile of defendant (art 2); definition: (arts 2-3 The Deichland (1989) 3 W. L. R. 478 i) Special (concurrent) jurisdiction (Arts. 5-6) especially 1. Contract: place of performance of obligation: Effer v Kantner (1982) ECR 825; De Bloos v Bouyer (1976) ECR 1473; Ivenel v Schwab (1982) ECR 1891 Zelger v Salinitri (1980) ECR 89; Martin Peters v Zuid Nederlandsche (1983) ECR 987; Shenavai v Kreischer (1987) 3 C. M. L. R. 782 Tesam v Shuh Mode (1989) `Times` 24 October; Medway v Meurer (1990) `Time s` 7 May 2. Tort: where the harmful event occurred: Netherlands v Ruffer (1980) ECR 3807 at 3833; Kalfelis v Schroder (1988) `Times` 5 October; Bier v Mines de Potasse (1976) ECR 1735, (1978) Q. B. 708. Minister Investments v Hyundai (1988) 2 L1. R. 621 3. Branch, agency etc: Somafer v Sarr-Ferngas (1978) ECR 2183; De Bloos v Bouyer; Blanckaert & Willems v Trost (1981) ECR 819; Sar Schotte v Parfums Rothschild (1988) `Times`12 January. 4. Insurance (arts. 7-12); Consumer Contracts (arts. 13-15); Bertrand v Ott (1978) ECR 1431. iii) Exclusive jurisdiction (art 16) especially: 1. Immovables: Sanders v Van der Putte (1977) ECR 2383 Roessler v Rottwinkel (1985) CMLR. 806; Scherrens v Maenhout (1988) `Times` 5 September. 2. Companies or Legal Persons 3. Enforcement of judgment iv) Submission v) Contractual agreement (art 17). Elefanten Schuh v Jacqmain (1981) 1671;. Meeth v Glacetal (1978) ECR 2133; Salotti v Ruwa (1976) ECR 1831; Segoura v Bonakdarian, 1976 ECR 1851; Iveco Fiat v Van Hool (1988) 1 CMLR. 5757; Anterist v Credit Lyonnais (1987) 1 CMLR 333. National Law: Sanicentral v Collin (1979) ECR 3423 ; Ms Tilly Russ v Haven (1985) 3 W. L. R. 179; Other submission (art. 18) Elefanten Schuh v Jacqmain; Rohr v Ossberger (1981) ECR 2431; W v H (1982) ECR 1189; Gerling v Tesoro (1983) ECR 2503; Berghoefer v A. S. A. (1986) 1 CMLR 13; The Sidney Express (1988) 2 L1. R. 257. vi) Scrutiny of jurisdiction and admissibility (arts. 19-20) ii) Lis pendens – related action (arts. 21-23) The Nordglimt (198) Q. B. 183; The Linda (1988) 1 L1. R. 175; Gubisch Maschinenfabrik v Palumbo (1988) `Times` 12 January; Kloeckner v Gatoil (1990) 1 L1. R. 177; Berisford v New Hampshire; (1990) 2 All E. R. 335. viii) Provisional and protective measures (art. 24) CHOICE OF LAW 1. General Considerations Reading list: Kahn- Freund, General Problems of Private International Law Leyden, 1976 and 1980, 89-101 Wolff, Private International Law, 2nd ed, 96ff. Forsyyth, Private Interational Law, (first edition) Juta & co, 1981, 5-7. (2nd edition, 1989, pages 4-8) a)The History of the choice of law rule Lipstein, `Principles of the conflict of laws, National and International’ 1981, 1-46. Cheshire, op cit, chapter 2. Kahn-Freund, op cit, 97-101 Forsyth, 20-57. (b)Pleading Foreign Law The Evidence Act, section 60 A. G. of New Zealand v Ortiz (1984) A. C. 1 Vervaeke v Smith (1983) 1 A. C. 145 (c) Renvoi Kahn-Freund, op cit, 285-291. Anton, 55ff Morris, 469-480 Cheshire, 57ff Forsyth, 68-78. Munro, `The Magic Roundabout of Conflict of Laws’ 1978 Juridicial Review 65 Hicks, `The Lair Paradox in Legal Reasoning’ 1971 CLJ 275 at 284 and 289. In re Annesley: Davidson v Annesley [1926] ch 692 In re Ross, Ross v Waterfield [1930] 1 ch 377 Collier v Rivaz (1841) 2 Curt 855 Re Askew [1930] 2 ch 259 Re O’Keefe [1949] ch 124 Re Trufort (1887) 36 ch D 600 R v Brentwood Superintendent Registrar of Marriages, ex parte Arias [1968] 2 QB 956 Amin Rasheed Shipping Corporation v Kuwait Insurance Co [1984] AC 50 (d)The incidental question Kahn- Freund, op cit, 291-294. Morris, op cit, 489-492. Cheshire, Private International Law, 53ff. Forsyth, op cit, 2nd ed, 78-81. Gotlieb, `The incidental question revisited- theory and practise in the conflict of Laws’ (1977) 26 ICLQ 734. Schwebel v Ungar (1926) 42DLR (2d) 622 affd (1964) 48 DLR (2d) 644 Lawrence v Lawrence [1985] Fam 106 (e) Characterisation Kahn-Freund, op cit, 223-241 Cheshire, op cit, 43-52. Morris, op cit, 481-488 Falconbridge `Conflicts Rule and Characterization of Question’ (1952) 30 Canadian Bar Review 103 and 264. Anton,op cit 43ff Forsyth, op cit. , 59-69 Forsyth, `Extinctive Prescription and the Lex Fori’ (1982)99 SALJ 16 Forsyth, `Characterization etc’ (1987) 104 SALJ 4 Bennett, `Cumulation and Gap: Are they systemic defects in the conflict of Laws? ’ (1988) 105 SALJ 444 Ogden v Ogden [1908] p 46 Huber v Steiner (1835) 2 Bing NC 202 Re Maldonado [1954] p 223 Re Cohn [1945] ch 5 In re State of Norway’s Application (No 2) [1989] 1 ALL ER 701 (CA) and 745 (HL) (f)Domicile and Residence Morris, Ch. 2; Cheshire Ch. 9; Collier, Ch. 5; Dicey Ch. 7. Law of Domicil Act Cap 37 (i)Definition Whicker v Hume (1858) 7 H. L. C. 124; Gatty v A-G. (1951) P. 144; Udny v Udny (1869) L. R. 1 Sc. & D. 441; Re Annesly (1926) Ch. 692. (ii)Domicile of Origin Udny v U. ; Urquhart v Butterfield (1887) 37 Ch. D. 357; Re McKenzie (1951) 51 S. R. N. S. W. 293; Henderson v H (1967) P. 77; Re Jones 192 Iowa 78 (1921). (iii)Domicile of Choice Schiratti v Schiratti (1978) K. L. R 128; White v Tennant 31 W, Va. 790 (1888) ; Re Fuld (No. 3) (1968) P. 675; Bell v Kennedy (1868) L. R. 1 Sc. Div. 307; Winans v A-G (1904) A. C. 287; Ramsey v Royal Liverpool Infirmary (1930) A. C. 588; Ross v Ross (1930) A. C. 1; Buswell v I. R. C. (1974) 1 W. L. R. 1631; I. R. C. v Bullock (1976) 1 W. L. R. 1178. Puttick v A. G. (1980) Fam. 1. Re Furse (1980) 3 All E. R. 838. Brown v B. (1982) 3 F. L. R. 212; Re Clore (1984) S. T. C. 609; Cramer v C (1987) 1 F. L. R. 116; IRC v Plummer (1988) 1 W. L. R. 292; Re Lloyd Evans (1947) Ch 695; Tee v Tee (1973) 3 All. E. R. 1105 iii) Special Cases 1. Naturalisation: Wahl v A-G. (1932) 147 L. T. 382; Re Fuld. 2. Deportees: Boldirini v B. (1932) P. 9; May v May (1943) 2 All E. R. 146; Szechter v S. (1971) P. 286; Zanelli v Z (1948) 64 T. L. R. 556; Cruh v C (1945) 2 All E. R. 545. 3. Fugitives and Refugees: Re Martin (1900) P. 211; De Bonneval v D. B. (1838) 1 Curt. 856; Re Lloyd-Evans (1947) Ch. 695; May v M. 4. Invalids: Hoskins v Matthews (1855) 8 D. M. & G. 13; Re James (1908) 98 L. T. 438. 5. Servicemen: Sellars v S. 1942 S. C. 206; Donaldson v D. (1949) P. 363; Cruishanks v C. (1957) 1 All E. R. 889; Stone v S. (1958) 1 W. L. R. 1287. 6. Abandonment: In b. Raffenel (1863) 3 S. W. & Tr. 49; Zannelli v Z. ; b (1968) 1 ALL E. R. 49; Tee v Tee (1974) 1 W. L. R. 213. (iv)Domicile of Dependancy (see 37 M. L. R. 179) 1. Married Women: A-G. for Alberta v Cook (1926) A. C. 444; Re Scullard (1957) Ch. 107; Domicile and Matrimonnial Proceedings Act 1973, s. 1. Puttick v A-G (1980) Fam. 1. Oundian v O. (1980) Fam. L. R. 198. IRC v Portland (1982) Ch. 314. 2. Children: Johnstone v Beattie (1843) 10 Cl. & F. 42; Harrison v H. (1953) 1 W. L. R. 865; Potinger v Wightman (1817) 3 Mer. 67; Re Beaumont (1893) 3 Ch. 490; Hope v H. (1968) N. Ir. 1; Shanks v S. 1965 S. L. T. 330; Domicile Act, 1973 ss. 3, 4. 3. Insane Persons: Urquhart v Butterfield; Crumpton`s Judicial Factor v Finch-Noyes 1918 S. C. 378; Sharpe v Crispin (1860) L. R. 1 P. D. 611 (v)Residence 1. Habitual Residence: Cruse v Chittum (1974) 2 All E. R. 940; 24 I. C. L. Q. 1. ; Kapur v K. (1984) F. L. R. 920. 2. Ordinary Residence: Levene v I. R. C. (1928) A. C. 217; Hopkins v H. (1951) P. 116; Stransky v S. (1954) P. 248; Lewis v L. (1956) 1 W. L. R. 200. Re P (GE) (An Infant) (1965) Ch. 568. R v Barnet L. B. C. ex. P. Nilish Shah (1983) 2 A. C. 309. (vi)Corporations 1. Status National Bank of Greece and Anthens v Metliss (1958) A. C. 509; Adams v National Bank of Greece S. A. (1961) A. C. 225. 2. Domicile and Residence Ridsdon Iron and Locomotive Works v Furness (1906) 1 K. B. 49; Cesena Sulphur Co. v Nicholson (1876) 1 Ex. D. 428; De Beers Consolidated v Howe (1906) A. C. 455; Egyptian Delta Land & Co. v Todd (1929) A. C. 1; Swedish Central Rly v Thompson (1925) A. C. 495; Unit Construction Co. v Bullock (1960) A. C. 351; Gasque v I. R. C. (1940) 2 K. B. 80;. Shah v Barnet London Borough Council (1983) 1 All. E. R. 226; Kapur v Kapur (1985) Fam Law. Rep. 22 2. Substantive Choice of Law Rules (a)Marriage Bishop, `Choice of Law of Impotence and Wilful Refusal`, (1978) 41 MLR 512. Carter, `Capacity to Remarry After Foreign Divorce`, (1985) 101 LQR 496. Fentiman, `The Validity of marriage and the Proper Law`, (1985) CLJ 256. Hartley, `Polygamy and Social Policy`, (1969) 32 MLR 155; `The Policy Basis of the English Conflict of Laws of Marriage`, (1972) 35 MLR 571. Jaffey, `The Essential Validity of Marriage in the English Conflict of Laws`, (1978) 41 MLR 38; `The Incidental Question and Capacity to Remarry`, (1985) 48 MLR 465. North, `Development of Rules of Private International Law in the Field of Family Law`, (1980) I Recueil des Cours 17. Poulter, `Hyde v Hyde – A Reappraisal` (1976) 25 ICLQ 475. Smart, `Interest Analysis, False Conflicts and the Essential Validity of Marriage`, (1985) 14 Anglo-Amer L Rev 225. Stone, `Some Aspects of Fundamental Rights in the English Conflict of Laws` in Bridge et al (eds) Fundamental Rights (1973) London, Sweet & Maxwell, pp 232, 246-7; `Capacity for Polygamy – Judicial Rectification of Legislative Error` (1983) Fam Law 76. Brook v Brook (1861) 9 HL Cas 193 De Reneville v de Reneville (1948) P 100 Cheni v Cheni (1965) P 85 Lawrence v Lawrence (1985) 2 All E. R. 733 Re Paine (1940) Ch 46 Sottomayer v De Barros (No 2) (1879) 5 PD 94 Ogden v Ogden (1908) P 46 Vervaeke v Smith (1981) 1 All ER 55 Mohammed v Knott (1969) 1 QB 1 Pugh v Pugh (1951) P 482 Radwan v Radwan (No 2) (1972) 3 All ER 1026 R v Brentwood Marriage Registrar (1968) 3 All ER 279 Schwebel v Ungar (1964) 48 DLR (2d) 644 Breen v Breen (1964) P 144 Schezter v Schezter (1971) P 286 Way v Way (1950) P 71 Ponticelli v Ponticelli (1958) P 204 Berthiaume v Dastous (1930) A C 79 Starkowski v AG (1954) AC 155 Lodge v Lodge (1967) 107 Sol Jo. 437 Tackzanowska v Tackzanowski (1957) P 301 (b)Matrimonial Causes Forsyth, `Recognition of Extra-Judicial Divorces: The Transnational Divoce`, (1985) 34 ICLQ 398. Jaffey, `Vervaeke v Smith`, (1983) 32 ICLQ 500. Karsten, `Recognition of Non-Judicial Divorces`, (1980) 43 MLR 202. McClean, Recognition of Family Judgements in the Commonwealth (1983) London, Butterworths. North, The Private International Law of Matrimonial Causes in the British Isles and the Republic of Ireland (1977) Amsterdam, North-Holland Publishing Co. Stone, `The Recognition in England of Talaq Divorces`, (1985) 14 Anglo-Amer L Rev 363. Young, `The Recognition of Extra-Judicial DIvorces`, (1987) 7 LS 78. Schiratti v Schiratti (1978) K. L. R 128 Le Mesurier v Le Mesurier (1895) AC 517 Armitage v AG (1906) P 135 Indyka v Indyka (1969) 1AC 33 Re Meyer (1971) P 298 Salvesen v Australian Propety Administrator (1927) AC 641 Re Edgerton's Wills Trust (1956) Ch 593 Duke of Malborough v AG (1945) Ch 78 Cooper v Cooper (1888) 13 App Cas 88 Callwood v Callwood (1960) AC 659 Harvey v Farnie (1882) 8 App Cas 43 Travers v Holley (1953) P 246 Quazi v Quazi (1980) AC 794 Bater v Bater (1906) P 209 Kendall v Kendall (1971) 1 All ER 378 Merker v Merker (1963) P 283 Re Bankes (1902) 2 Ch 333 Re De Nichols (1900) 2 Ch 410 De Nichols v Curlier (1900) AC 21 (c) Contracts Cheshire, International Contracts (1948). Fletcher, Conflict of Law and European Community Law, Amsterdam, North-Holland Publishing Co, Chapter 5. Jaffey, `Essential Validity of Contracts in the English Conflicts of Laws`, (1974) 23 ICLQ 1; `Offer and Acceptance and Related Questions in the English Conflict of Laws` (1975) 24 ICLQ 603; `The English Proper Law Doctrine and the EEC Convention`, (1984) 33 ICLQ 531. Lasok and Stone, Conflict of Laws in the European Community (1987) Abingdon, Professional Books, Chapter 9. Libling, `Formation of International Contracts`, (1979) 42 MLR 169. Mann, `The Proper Law of the Contract`, (1950) 3 ICLQ 60 and 597; `Proper Law and Illegality in Private International Law` (1973) 18 BYIL 97. Morris, `The Proper Law of a Contract: a Reply`, (1950) 3 ILQ 197. North, `Varying the Proper Law`, in Multum non Multa, Festschrift for Kurt Lipstein (1980), Heidelberg, Muller, p 205. Pierce, `Post-Formation Choice of Law in Contract`, (1987) 50 MLR 176. Karachi Gas Ltd. v Issaq (1965) E. A. 42 Bonython v Commonwealth of Australia (1951) AC 201 Amin Rasheed Case (Supra) Campagnie D'Armement Maritime SA v Cie Tunisienne de Navigation SA (1971) AC 572 Broken Hill Pty Co Ltd v Xenakis (1982) 2 Ll Rep 304 Royal Exchange Assurance Corp v Sjofarsakrings Akt Vega (1902) 2 KB 384 The Adriatic (1931) P 241 Sayers v International Drilling Co NV (1971) 3 All ER 163 Rossano v Manufactures Life Assurance Co (1963) 2 QB 352 Coast Lines Ltd v Hudig and Veder Chartering (1972) 2 QB 34 Vita Food Products Inc v Unus Shipping Co Ltd (1939) AC 277 The Iran Vojdan (1984) 2 Ll Rep 380 The Mariannina (1983) 1 Ll Rep 12 De Dampierre v De Dampierre (1987) 2 All. E. R. 1 (d)Torts Briggs, `What Did Boys v Chaplin Decide? `, (1983) 12 Anglo-Amer L Rev 237. Carter, `Torts in English Private International Law`, (1981) 52 BYIL 9. Fawcett, `Policy Considerations in Tort Choice of Law`, (1984) 47 MLR 650. Jaffey, `Choice of Law inTort: A Justice-Based Approach`, (1982) 2 LS 98. Karsten, `Chaplin v Boys: Another Analysis`, (1970) 19 ICLQ 35. Kahn-Freund, `Delictual Liability and the Conflict of Laws`, (1968) II Recueil des Cours, 5. Law Commission Working Paper No 87, `Choice of Law in Tort` (1984). Lasok and Stone, Conflict of Laws in European Community (1987) Abingdon, Professional Books, Chapter 9. McGregor, `The International Accident problem`, (1907) 33 MLR 1. Morris, `Torts in the Conflicts of Laws`, (1949) 12 MLR 248; `The Proper Law of a Tort` (1951) 64 Harv L Rev 881. Morse, Torts in Private International Law (1978) Amsterdam, North-Holland Publishing Co. North, `Contract as a Tort Defence in the Conflict of Laws`, (1977) 26 ICLQ 914. Clarence Smith, `Torts and the Conflict of Laws`, (1957) 20 MLR 447. The Halley (1868) LR 2 PC 193 Phillips v Eyre (1870) LR 6 QB 1 Machado V Fontes (1897) 2 QB 231 Mclean v Pettigrew (1945) 2 DLR 65 Mackinnon v Iberia Shipping Company (1954) 2 Ll 372 Babcock v Jackson 12 NY 2d 473 Reich v Purcell 432 P 2d 727 Chaplin v Boys (1971) AC 356 Church of Scientology of California v Metropolitan Police Commr (1976) 120 Sol Jo 690 Coupland v Arabian Gulf Petroleum Co. 1983) 2 All E. R. 434 (e)Succession Re Annesley (1926) Ch 692 Re Ross (1930) 1 Ch 377 Re Cunnington (1924) 1 Ch 68 Re Fergusson’s Will (1902) 1 Ch 483 Re Price (1900) 1 Ch 442 Re Lewal’s Settlement Trust (1918) 2 Ch 391 Re Fuld’s Estate (No 3) (1968) P 675 Re Schnapper (1928) Ch 420 Re Hellman’s Will (1866) LR 2 Eq. 363 Re Martin (19 00) P 211 Re Miller (1914) 1 Ch 511 Phillip- Stow v IRC (1961) AC 727 Re Collens (1986) Ch 505 Re O’ Keefe (1940) Ch 124 Law of Succession Act, section 16 (f) Transfer of Property Inter Vivos Davis, `Conditional Sales and Chattel Mortgages in the Conflict of Law`, (1964) 13 ICLQ 53. Winkworth v Christie, Manson & Woods Ltd (1980) Ch 496 Adams v Clutterbuck (1883) 10 QBD 403 Re Smith (1916) 2 Ch 206 Bank of Africa Ltd v Cohen (1909) 2 Ch 129 Bank voor Handel en Scheepvart NV v Slatford (1953) 1 QB 248 Hardwick Game Farm v Suffolk Agricultural and Poultry Producers Association (1966) 1 All ER 306 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS Morris, Ch. 9; Cheshire Ch. 15; Collier Ch. 8; Dicey, Ch. 14; Anton, Ch. 26; . 1. Recognition /Enforcement 2. Enforcement of Judgements in personam a) Action of judgement at Common Law Grant v Easton (1883) 13 Ch. D. 302 (GA) (b)Registration under Statute Foreign Judgements Reciprocal Enforcement Act (Cap 43) Trepca Mines (1960) 1 W. L. R. 1273 at 1282; Rossano v Manufacturers Life Ins. Co. (1963) 2 Q. B. 352; Sidmetal v Titan (1966) 1 Q. B. 828; Black-Clawson v Papierwerke (1975) A. C. 591. 3. Jurisdiction of Foreign Court Buchanan v Rucker (1808) 9 East 193; Sirdar Gurdyal Singh v Rajah of Faridkote (1894) A. C. 670; Emanuel v Symon (1908) 1 K. B. 302, 309. (a)Presence or Residence at time of service of process Carrick v Hancock (1895) 12 T. L. R. 59; Blohn v Desser (1962) 2 Q. B. 116; 1933 Act s. 4 (2) (a) (iv). b) Residence of companies Littauer Glove Co. v F. W. Millington (1928) 44 T. L. R. 746; Sfier v National Ins. Co. of N. Z. (1964) 1 L1. R. 330; Vogel v Kohnstamm Ltd. (1973) Q. B. 133; Adams v Cape Industries (1990) 2 W. L. R. 657. (c)Submission to Foreign Courts i) As Plaintiff: Schibsby v Westenholtz (1870) L. R. 6 Q. B. 155, 161, or as counterclaimant: Cap 43s. 4 (2) (a) (ii). ii) Contract of Agreement to Submit: Feyerick v Hubbard (1902) 71 L. J. K. B. 509; Cap 43 s. 4 (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. iii) As defendant pleading to the merits: Cap 43 s. (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. (d)Office or Place of Business Cap 43 s. 4 (1) (e) Italframe Ltd vs Mediterranean Shipping Co (1986) KLR 54 Gathuna v African Orthodox Church of Kenya (1982) KLR 356 4. Defence when Foreign Court has Jurisdiction d. (a)Fraud: Ochsenbein v Papelier (1893) L. R. 8 Ch. App. 695; Abo uloff v Oppenheimer (1882) 10 Q. B. D. 310; Syal v Heyward (1948) 2 K. B. 443; Jet Holdings v Patel (1990) Q. B. 335; House of Spring Gardens v Waite (1990) 3 W. L. R. 347; Cap 43 s. 10(1) (h) . (b)Natural Justice Price v Dewhurst (1837) 8 Sim. 279; Scarpetta v Lowenfield (1911) 27 T. L. R. 424; Jacobson v Franchon (1927) 138 L. T. 386; Gray v Formosa (1963) P. 259; Lepre v Lepre (1965) P. 52; Adams v Cape Industries (1990) 2 W. L. R. 657; Cap 43 s. 10 (1) (g) c) Public Policy Re Macartney (1921) 1 Ch. 522; Armitage v Nanchen (1983) 4 F. L. R. 293; Phrantzes v Argenti (1960) 2 Q. B. 19; Mayo-Perrot v M-P (1958) Ir. R 336. Cap 43. 4 (1) (a) (v). Israel Discount Bank of N. Y. v Hadjipateras (1983) 3 All E. R. 129. Vervaeke v Smith (1983) 1 A. C. 145; Cap 43 s. 10 (1) (n) 5. Requirements for and Method of Enforcement a)Must be â€Å"final and conclusive† Nouvion v Freeman (1889) 15 App. Cas 1; Colt Industries v Sarlie (No. 2) (1966) 1 W. L. R. 1287; Berliner Indusrie Bank v Jost (1971) 2 Q. B. 463; Cap 43 s. 3 (2) (b) (b)Must be for debt or fixed sum: Sadler v Robins (1808) 1 Camp. 253. Harrop v H. (1920) 3 K. B. 386; Beatty v B (1924) 1 K. B. 807; Cap 43 s. 3 (2) (a) (c)Must not be for ta xes or a penalty: Huntington v Attril (1893) A. C. 150; Raulin v Fischer (1911) 2 K. B. 93; Schemmer v Property Resources (1975) Ch. 273; SA Consortium v Sun and Sand (1978) Q. B. 279; U. S. A. v Inkley (1989) Q. B. 255; Cap 43 s. 3 (3) (a)

The History of Vietnam War Research Paper Example | Topics and Well Written Essays - 1750 words

The History of Vietnam War - Research Paper Example V. The Tet Offensive a. Beginning of U.S. – North Vietnam peace talks VI. End of the War a. Vietnamization b. Signing of Paris Peace Agreement c. Total withdrawal of American forces from Vietnam d. Capture of Saigon and formation of Socialist Republic of Vietnam History of Vietnam War INTRODUCTION Vietnam War was one of the most expensive wars in the history of the world in terms of materials and loss of lives. In fact, Vietnam War was the fourth costliest war in terms of loss of lives that United States has ever been involved. The war registered 45,943 U.S. battle deaths, with 1333 men going missing and 10,298 dead of non-battle causes. In terms of money, United Stated government lost 138.9 billion dollars, which is only comparable to the amount of money spent in World War II. South Vietnam, an ally of United States in the war, lost 166,000 soldiers and an estimated 415, 000 civilians. On the other hand, it is estimated that Northern Vietnam and Viet Cong combined registered more than 937,000 deaths. Other than loss of lives and resources, the war also witnessed the loss of morals among soldiers at the war front. Citizens also lost faith in their governments. This was largely affected the Americans. During the war, American soldiers became undisciplined. They engaged in drugs and racial conflict. Generally, all the warring parties suffered from the war. This paper looks into the history of Vietnam War and the events that lead to the war in Vietnam. The paper discusses the origin of Vietnam War, the entry of United States into the War, the strategy of attrition, the Tet offensive, and the end of the War. ORIGIN OF THE WAR Vietnam had been colonized by the French since 19th century. During the Second World War, Japan attacked and established its authority of Vietnam. In the course of this struggle, Ho Chi Minh, a Vietnamese nationalist, formed Viet Minh Party to help him fight the Japanese and the French occupation of Vietnam. He was assisted by Soviet an d the Chinese communists. In August 1945, the Japanese were overpowered by the Viet Minh and they withdrew their forces from Vietnam leaving the French in control of Vietnam. During this time, Viet Minh’s superiority was on the rise. They captured the northern town Hanoi and declared independence of Democratic Republic of Vietnam in September 1945 with Ho Chi Minh as the president (Christian, 31). The French soldiers were pushed to the south. In July 1949, they formed the state of Southern Vietnam with its capital in Saigon under the leadership of Bao Dai. The war between the French and the Viet Minh called the First Indonesian War continued for the next eight years. The war ended in May 1954 when the French forces were defeated by the Viet Minh forces at Dien Bien Phu. The ensuing peace talks in Geneva led to the signing of the Geneva Peace Accord. The Accord divided Vietnam into North Vietnam under the leadership of Ho and South Vietnam under the leadership of Bao. The Gene va Accord also stipulated that nationwide elections were to be held in 1956. The elections were aimed at unifying North and South Vietnam into one nation. However, in 1955, Â  Ngo Dinh Diem, a strong anticommunist, ousted Bao as the leader of Southern Vietnam and formed the Government of the Republic of Vietnam with him as the president (Le Duan, 51). U.S INVOLVEMENT INTO THE WAR United States joined the struggle in 1950 when President Truman assisted the French forces in Vietnam, Laos and Cambodia. United States provided the French forc

Smoking Cessation Esay Essay Example | Topics and Well Written Essays - 750 words

Smoking Cessation Esay - Essay Example In a population of 45 million adults in U.S. 21% are cigarette smokers (Gerhardt and Stuart, 2009). Major component of cigarette; nicotine is extremely addictive and it increases the level of dopamine in brain creating feelings of satisfaction and contentment. Cessation of smoking causes withdrawal symptoms. Smoking cessation ensures a better health quality of life by reducing the risks of coronary artery disease, stroke and COPD. According to Pignone and Salazar (2009), smoking cessation can increase life expectancy of up to 3 years in women smokers and 2 years in men. In other researches, the life expectancy of a non-smoker is 13-14 years higher than a smoker (Chandler and Rennard, 2010). Studies have confirmed that smoking cessation has inflicts immediate health benefits to the individual. Several interventions are successful in smoking cessation which includes counseling, pharmacotherapy or a combination of both. In this respect, the most important factor is client’s self chosen health goal to quit smoking and both pharmacotherapy and counseling prove to be useful for such patients, however, in patients with unwilling behavior to quit pharmacotherapy is ineffective. Medical counseling approach should emphasize on health and economic benefits of cessation, motivational interviews, patient education on disease risk factors, community/family support and relapse prevention. Pharmacological therapies consist of nicotine replacement therapy which includes nicotine patch, gums, lozenges, nasal sprays, inhalers etc. (Pignone and Salazar, 2009). All of these have shown to be equally effective in smoking cessation. In addition, anti-depressant therapy with drugs such as Bupropion, varenicline and Clonidine have been proven as effective smoking cessation agents. Several studies have suggested that a combination of these pharmacological therapies is quite effective i.e. nicotine gum with nicotine patch etc. (Chandler and Rennard, 2010). Non-pharmacological inter ventions include practices such as hypnosis, acupuncture, herbal supplement, support groups etc. Several studies have been conducted over the past few decades to relate smoking cessation and health promotion in individuals. Two of these are discussed below. Ellerbeck et al., (2009), studied the varying levels of disease management in randomized trials. The research divided the clients into three treatment groups i.e. pharmacotherapy alone (nicotine replacement and anti-depressant therapy i.e. bupropion), combined pharmacotherapy with moderate intensity disease management and high intensity disease management comprising of counseling and provider feedback on smokers with or without the desire to quit. For pharmacotherapy with moderate intensity disease management, 2 counseling calls were made in every 6 months whereas in high intensity disease management 6 counseling calls were made in 6 months. Results demonstrated that self reported abstinence rates were much better in moderate and high intensity disease management than in pharmacotherapy alone. 23.5% and 27.9% abstinence rates were reported respectively for these groups. This group (37-60% patients) reported to have discussed smoking cessation and its potential benefits with their physicians. Also, free