Qualifications of arbitrator 1 Essay Example | Topics and Well Written Essays - 5000 words

Qualifications of arbitrator 1 - Essay Example But the case may be different in the laws of other countries. The English Arbitration Act 1996 (EAA 1996) is distinctive from most other national arbitration laws, say, in comparison with its predecessor, the former Act 1950. The law does not provide for any general qualifications for an arbitrator. In Saudi Arabia, there is a quite detailed set of qualifications for the arbitrator taking into consideration the elements of the Saudi Arbitration Law 2012 (SAL 2012) and also the Islamic Sharia (Sharia). Under Sharia, the scholars’ views may vary due to the absence of such provision either in Quran or Sunnah (the two main sources of Sharia). Whilst it is seen by some scholars that it is necessary for strict requirements to be stipulated for whom is selected as an arbitrator, all of these requirements are not mandatory according to the view of some contemporary scholars. The essential aim for this section is to analyse and discuss two aspects. First, the qualifications of arbitrat or stipulated by law. Second, the freedom of parties to determine additional qualifications. This will be carried out in the context of the EAA 1996, Sharia, and the SAL 2012. 1. Qualifications of Arbitrator as Stipulated by Law The English Arbitration Act 1996, like many Western arbitration laws, provides a high degree of freedom for arbitration parties3. This is the case as long as the impartiality of the arbitrator is established. Under this Act, the only restriction is if the chosen arbitrator is a judge of the Commercial Court or Technology and Construction Court of England and Wales. In this instance, an additional approval from the Lord Chief Justice is required.4 The prescribed qualifications, hence, are simple and straightforward, which is markedly different from Sharia or the SAL 2012. Sharia prescribes several qualifications that should be met in the chosen arbitrator. This provides for a system that are bound to have different interpretations. Scholars, for instance, hav e different opinions regarding the qualifications that should be met in an arbitrator based on whether the requirements of an arbitrator are those for the judge or not. Most scholars of the four schools (Maliki, Shafi', Hanafi and Hanbali) see that the qualifications for the arbitrator are those required for a judge.5 This view is dominant on account of the fact that the arbitrator carries out the same function as that of a judge, which includes hearing the litigants and issuing the Judgement. 6 78 In the Kingdom of Saudi Arabia, due to the dominance of Sharia on its laws as it is the constitution of the Kingdom,9 many writers believe that the Saudi courts require the arbitrator to meet the qualifications of a judge as it is the view of the majority doctrine in Sharia.10 This is in addition to the qualifications stated by the SAL 2012.11 On the other hand, some scholars as Ibn Taimiyah12 and Ibn Hazm Aldhaheri 13 maintain the position that the qualifications of a judge are not neces sarily required for an arbitrator. Therefore, they believe any Muslim can be an arbitrator. The differences, hence, becomes problematic especially in the event of a challenge to an arbitration decision or its implementation. The Sharia law in this paper will refer to the Saudi Law for purposes of clarification. As what has

The Prevalence of Malaria in Northern Nigeria

The Prevalence of Malaria in Northern Nigeria Epidemiological Overview Generally, malaria is widespread throughout most of the tropics globally. However, according to Bradley (1992), the epidemiology of malaria has been characteristically varied across the globe because of malaria’s largely diverse vectorial capacity (p. 1). Out of the approximately 3.4 billion people who are globally prone to malaria infections annually, about 1.2 billion are at a higher risk. The World Health Organization (2013) reports that in 2012 alone more than 207 million people developed symptomatic malaria. Between 2000 and 2010, the figures released by the WHO report are, to some extent, encouraging as the number of reported annual malaria incidences in 34 malaria-eliminating countries decreased by 85 % from 1.5 million to 232, 000 cases (WHO, 2013). However, from the same report, the global malaria deaths reached a high of 1.82 million in 2004 and considerably fell to 1.24 million in 2010. Among the deaths reported in 2010 were 714,000 children below the age of 5 and 5 24,000 individuals above the age of 5. However, shockingly, the World Health Organization (2013) reports that over 80% of malaria deaths occur in the sub-Saharan Africa. Shockingly, the Nigeria Malaria Indictor Report (2012) reports that Nigeria and the Democratic Republic of Congo account for over 40% of the total malaria deaths globally. This revelation has led to several concerted efforts in the two leading countries aimed at addressing the prevalence of malaria. Malaria Situation in Northern Nigeria Nigeria is ranked as one of the most populous countries in Africa with a population of approximately 170 million according to the 2013 population statistics and an estimated annual growth rate of 2.6% (Malaria Operation Plan, 2013). The 2010 United Nations Development Program Human Development Index ranks Nigeria at position 142 out among 169 countries (WHO, 2013). The country has an estimated under-five mortality rate of 157 per 1000 live births and maternal mortality is estimated at 545 per 100,000 live births according to the 2008 Demographic and Health Survey (Okafor Oko-Ose, 2012). The southern part of Nigeria is significantly advantaged in almost all social and economic indicators. In this regards, both the child mortality and maternal mortality are relatively higher. For instance, Okafor Oko-Ose (2012) illustrate that the under-five mortality rates are about one and a half times higher while the maternal mortality rates are about three times higher as compared to some northe rn parts of Nigeria. Contrastingly, despite the high income attributed to the sales of crude oil, no significant improvement has been recorded and majority of the Nigerians, especially the Northerners live in abject poverty (Malaria Operation Plan, 2013). About 97% of the Nigerian population is at risk of Malaria infection with the majority being those living in Northern Nigeria according to a research conducted by the Nigeria Malaria Index Survey (2010). Specifically, research has found out that incidences of malaria transmissions account for over 60% of outpatient visits and 30% of inpatients in Nigerian healthcare institutions. Incidentally, malaria infection is a primary cause of children mortality and contributes to an estimated 225,000 cases of deaths annually (WHO, 2013). Malaria also contributes to an estimated 11% of maternal mortality and about 105 of low birth weight according to NMCP Strategic Plan 2009-2013. The geographic location of Nigeria makes the climate condition to be ideal for malaria transmission nearly throughout the country. In fact, the remaining 3% of the entire country’s population, who are relatively at a low chance of infection, actually live in the mountainous regions in the southern parts of Nigeria (Jos Plateau State) with an altitude of between 1,200 to 1,400 metres. A series of studies have been conducted to elucidate the effect of seasonal changes on epidemiological index of malaria transmission in Northern Nigeria. Undeniably, the climatic condition of Northern Nigeria is seasonal with rainy seasons in May-October, dry season in December-March and transitional period in April-November (Malaria Operation Plan, 2013). However, studies on the prevalence of malaria in Northern Nigeria have shown that malaria transmission has been predominant during the rainy season and lowest during the dry season. Gender Distribution and Prevalence of Malaria Transmission Generally, studies have shown that Plasmodium infections appear more common in the male than in the females in Northern Nigeria. For, example, a study conducted to ascertain malaria occurrences among children aged six months to eleven years in Benin City presented a shocking result. According to the findings of the research, malaria transmission from 2004 to 2009 in male averaged at 57 % while during the same period under review, the transmission in females was at an average of 43% (Okafor Oko-Ose, 2012). A similar research conducted in the Northern Nigeria’s Ebonyi and Edo States in 2004 made a similar conclusion. This prevalence has been attributed to the fact that males expose their bodies more than females especially when the weather is hot. In that regards, males are more likely to be bitten by mosquitoes. On the other hand, Okafor Oko-Ose (2012) explain that females tend to stay indoors, helping out with normal household chores. This significantly reduces their contact with the mosquito vector. Either, studies have shown that females have relatively better immunity to parasitic diseases due to their hormonal and genetic composition. Age Factor and Malaria Prevalence Based on age, studies have shown that children aged  ½ 2 years have the highest prevalence in malaria transmission (Okafor Oko-Ose, 2012). According to the research conducted in Benin City in Northern Nigeria among children aged  ½ to 11 years, it was realized that children aged  ½ -2 years recorded the highest prevalence of 58.6% followed by the age bracket 3 – 5 years at 30.5% and the least being age group 9-11 years at 2.9%. Basically, we can conclude that children under the age of 5 years are more prone to incidences of malaria transmission. In general, malaria transmission is in a declining trend. A finding carried out in 1999, for instance, in Erunmu in southwest Nigeria reported about 80% malaria parasite prevalence among school children. A similar research conducted in Benin City, according to Okafor Oko-Ose (2012) clearly showed this decline in prevalence. In 2004, the prevalence among children of  ½ 11 years was 47%. By 2009, the prevalence had dropped considerably to 32%. Through the period under consideration, the overall prevalence of malaria was reported at 36.4%. In a nutshell, this decline can be attributed to the effect of some preventive measures against malaria that has been adopted by the Nigerian Government. Health Determinants and their Influence on Malaria Prevalence Many factors combine together to affect the health of individuals and communities in a particular area. The Health Impact Assessment (2014) explains that the environment and the circumstances that people live in extensively determine whether people are healthy or not. To a larger extent, factors such as where an individual lives, the state of the environment, genetics, income, education level and our relationship with friends and families all have significant impact on health. However, on a more specific note, determinants of health include the social and economic environment, the physical environment and the individual’s characteristics and behaviors (The Health Impact Assessment, 2014). This paper will elucidate the impact of socio-economic environment and the physical environment on malaria transmission in Northern Nigeria based on both social economic environment and the physical environment. The Social and Economic Environment Malaria has predominantly been linked with poverty and the reduction of the propensity of malaria has become a major priority for the Nigerian Government for a long period of time. In particular, malaria is a leading cause of both child and maternal mortality and morbidity in Northern Nigeria that is relatively of a lower social and economic rating (WHO, 2013 and Nigeria Malaria Indicator Survey 2010). The economic burden of malaria illness on households accounts for almost 50% of total economic burden of illnesses in the Northern regions of Nigeria. Further, multiple studies have noted that individuals of lower social and economic status bear a disproportionate burden of the parasitic disease and have poor health seeking habits and at times lack necessary health facilities. Generally, research has shown that up to 58% of malaria transmission occurs in the poorest 20% of the world population who, incidentally, receives the worst care and has disastrous consequences from the illness ( WHO, 2013). More specifically, there is a heavy malaria burden on the poor than on the rich as demonstrated by recent studies in Northern Nigeria States and in the cities states. According to this research, individuals with an estimate income of less than N300 per day (earning less than a dollar per day) were less likely to perceive malaria as a preventable disease and subsequently recorded more incidences of malaria per month as compared to those who earned less than N300 per day (Yusuph, 2010). Arguably, the rural dwellers of the Northern Nigeria have a higher risk of infection than their counterpart urban residents. The current statistics indicate that between 6% 28% of the malaria burden may occur in urban areas which comprise only 2% of the entire African surface (Yusuph et al., 2010). There could be a relationship between this predominance to the socio-economic status of people living in both rural and poverty-ridden regions. Evidently, members of lower socio-economic societies live in environments that offer little or no protection against mosquitoes and they are also less likely to afford the insecticide-treated mosquito nets. Clearly, higher social and economic status groups and urban residents posses more malaria preventive tools and therefore, report few incidences of malaria. In addition, low socio-economic status groups are unlikely to pay either for effective malaria treatment or for transportation to a health facility capable of treating the scourge. The Physical Environment Geographically, malaria is transmitted due to the interaction between the malaria mosquito parasite and the human environments (The Health Impact Assessment, 2014). The geographical location of Northern Nigeria presents a key ingredient to the breeding and existence of the malaria-causative parasite. The Progress Impact Series Country Reports (2012) describes Nigeria’s climate as tropical climate with alternating wet and dry seasons throughout the year which is suitable for malaria transmission. Presence of mangrove swamps, the rain forest, the guinea-savannah, the Sudan-savannah and the Sahel-savanna that extends from the South to the North of Nigeria determine the intensity, seasonality and duration of malaria transmission. On the other hand, apart from the climatic condition, the Northern States of Nigeria have access to inadequate physical facilities, safe water, medical facilities and poor infrastructure that presents a daunting challenge to the prevention or treatment o f malaria infections. Prevention Strategy based on Social and Economic Status This paper has emphasized on the major public health challenges that high prevalence of malaria presents to the people of Northern Nigeria. The most biologically vulnerable group, as have been noted, are the children below the age of five and pregnant women, perhaps due to their comparatively lower immunity status (Mazumdar Guha, 2013). Basically, most of the malaria transmissions occur among the poverty ridden residents of the Northern Nigeria. Social and economic background has been distinctively demonstrated by this paper as a major health determinant in malaria transmission in the northern parts of Nigeria. With the highly perturbing statistical information on malaria transmissions and prevalence in Northern Nigeria, there is a need for an infective and inclusive preventive plan that addresses the most biologically vulnerable group and their social and economic factors that determines their health. Consequently, this papers outlines a four dimensional preventive strategy that is undoubtedly capable of containing the mortality and morbidity among children and expectant women. This preventive strategy summarily focus on management of transmission cases, prevention of malaria with insecticide-treated nets, indoor residual spraying to reduce transmission and finally the use of intermitted preventive treatment and the use of intermittent preventive treatment for pregnant women. Prompt Diagnosis and Treatment This strategy focuses on timely diagnosis and effective treatment of cases of malaria infections by use of relevant anti-malarial drugs. This strategy is aimed at ensuring that up to 80% of the population, mostly children below the age of 5 and the pregnant women, who are at risk of malaria take timely and necessary treatment at the initial stages of infection. Under this strategy, there is need for provision of free necessary anti- malarial drugs like Artmether-Lumefantrine (Mazumdar Guha, 2013). There is also a need for a home based care management system especially for the most vulnerable population, that is, children below the age of five. The complexity of this strategy requires a multidimensional approach and involvement by the public sector, the private sector and the faith based health facilities for effectiveness. Distribution of insecticide-treated nets (ITN) This strategy is intended to prevent malaria transmission to a larger population especially the most vulnerable children under the age of 5 and the pregnant women. Under this strategy, pregnant women and children under the age of five are to be provided with free insecticide treated mosquito nets. These nets should be provided to the expectant women when they attend their ante natal care services in designated health facilities. This scheme also proposes the use of relatively long lasting insecticide nets so as to address the social and economic challenges that bedevils most of the vulnerable groups. Indoor Residual Spraying The Indoor Residual Spraying (IRS) is geared towards curtailing the transmission of malaria in both the pregnant women and children under the age of five. This program requires entomological monitoring and proper management of insecticide resistance especially among the ignorant population that are characteristic of a low social economic majority. It also requires behavior change communication with the target population and technical assistance and training especially to the personnel in the indoor residential spraying exercise. Intermittent Preventive Treatment for Expectant Women This last strategy primarily focuses on regulation of malarial prevalence among expectant women. Statistical data that only 58% of pregnant women by 2008 had access to antenatal care from relevant service providers while 62% of expectant women successfully delivered at home elucidates the extent of socio-economic disparity and the need for effective preventive treatment programs for pregnant women. Ideally, a couple of factors contribute to low utilization of health facilities by expectant women. Primarily, inadequate or poor quality of antenatal services, expensive cost of the services and ignorance on the need to attend antenatal services indisputably discourages expectant women from utilizing antenatal services from relevant health facilities. As a preventive measure to the challenges facing expectant women, this strategy identifies specific drugs that can effectively fight malaria in expectant women. The Intermittent Prevention Therapy (IPT) and Sulphadoxine-Pyrimethamine (SP) ha ve been identified as effective malaria prevention among this vulnerable group. These drugs should be administered freely to the women since majority of them may not be able to afford such drugs. In conclusion, this paper reaffirms the need to address the malaria menace especially in the sub-Sahara Africa and other tropics. The paper lays emphasis on the prevalence of this scourge on children under the age of 5 and pregnant women. The paper also extensively discusses how socio-economic factors and physical environments contribute to the prevalence of malaria infections especially in poor neighborhoods in Africa and Northern Nigeria in specific. This paper presents a preventive strategy that focuses on the most vulnerably group. Reference Bradley, D. J. (1992). Malaria: Old Infections, Changing Epidemiology. London: London School of Hygiene, in Health Transition Review Vol. 2. Supplementary Issue 1992. Health Impact Assessment (2014). The Determinants of Health. WHO. Retrieved from http://www.who.int/hia/evidence/doh/en/ Malaria Indicator Survey (2010). Final Report. Retrieved from http://dhsprogram.com/pubs/pdf/MIS8/MIS8.pdf Malaria Operational Plan FY 2013. President’s Malaria Initiative. Retrieved from www.pmi.gov/countries/mops/fy13/nigeria_mop_fy13.pd Mazumdar S. Guha, P. M. (2013). Prevention and Treatment of Malaria in Nigeria: Differential and Determinants from a Spatial View. Retrieved from http://uaps2007.princeton.edu/papers/70579 Okafor, F. U. Oko-Ose, J. N. (2012). Prevalence of Malaria Infections among Children aged six months to eleven years in Benin City, Nigeria. In The Global Advanced Research Journal and Medical Sciences Vol. 1 (10) p. 273-279, November, 2012. Retrieved from, http://garj.org/garjmms/pdf/2012/november/Okafor and Oko-ose.pdf Progress Impact Series Country Reports, No. 4 (2012). WHO. Retrieved from http://www.rbm.who.int/ProgressImpactSeries/docs/report11-en.pdf Report on Nigeria Malaria Indicator Survey (2010). Retrieved from http://dhsprogram.com/pubs/pdf/MIS8/MIS8.pdf Yusuph, O. B. et al. (2010). Poverty and Fever Vulnerability in Nigeria: A Multilevel Analysis. In Malaria Journal. Retrieved from http://www.malariajournal.com/content/9/1/235 World Health Organization. World Malaria Report (2013). Retrieved from www.who.int/iris//9789241564694_eng.pdf

The Daily Life in a Civil War Camp :: essays research papers

Officers in the field lived much better than enlisted men. They generally assigned one or two officers to a tent. Since they provided their own personal gear, items varied greatly and reflected individual taste. Each junior officer was allowed one trunk of personal belongings that was carried in one of the baggage wagons. Higher-ranking officers were allowed more baggage. Unlike infantrymen, who slept and sat on whatever nature provided, officers sometimes had the luxury of furniture. Enlisted men, unlike their officers, had to carry all their belongings on their back. On long marches men were unwilling to carry more than the absolute essentials. Even so, soldiers ended up carrying about 30 to 40 pounds. Each soldier was issued half of a tent. It was designed to join with another soldier's half to make a full size tent. The odd man lost out. When suitable wooden poles were not available for tent supports, soldiers would sometimes use their weapons. Soldiers endured the daily round of roll calls, meals, drills, inspections, and fatigue duties. Throughout this tedious and seemingly endless routine, it was often the personal necessities sent or brought from home, or purchased from sutlers (licensed provisioners to the army) that made camp life tolerable. Many of these items were used for personal hygiene, grooming, and keeping uniforms in repair. Today these diminutive legacies provide us with a very personal and tangible connection to the soldiers of the Civil War. Confederate and Union soldiers added various clothing and equipment to their military issue . To make their life more tolerable, they brought various personal items to camp or were given them by family and friends. Few soldiers owned all the items in this exhibit, although most had at least some of them. A variety of personal items were used by Civil War soldiers. Confederate and Union soldiers often wore civilian-style underwear that they provided themselves. Officers and wealthy individuals frequently wore linen undergarments purchased from commercial houses. Junior officers and enlisted men, on the other hand, usually wore military issued cotton and wool garments. Confederate "haversacks" were used to carry food rations. These bags were typically made of linen and lacked the waterproofing found on Union counterparts. Personal effects grew in number during long encampments and were reduced to a minimum during long marches and battles. Items would generally be boxed and stored in military bases or shipped to quartermaster storehouses to be held until the campaigning season was over.

Basic Concepts in Organization Essay

When one delves into the principles of compensation in Rational Psychology[2] or what is commonly known as the Philosophy of Man, one gets to understand the very basis of why man tends to associate, or form groups with his fellowman. There are talents or expertise that is possessed by other men which is lacking in a person. Thus, a man by force of necessity identifies himself with another man who has talents which he does not possess. In other words, a person’s act of associating with another man is to compensate for what he lacks himself, thus assuring his survival. Plato said in Absolute Materialism[3] that all persons before they assume physical existence in this world are free-floating pure ideas. He calls this the â€Å"noumena. † By a freakish form of accident the noumena was broken into two and both fell down from the ideal world into earth and are born. Thus, from the time a person is born up to his death, he continually searches for his other half and in the process associating and joining himself with other men in the hope of finding that broken half, and when he finds it, he becomes whole again. The Philippine Constitution of 1987 has recognized this basic need of man to join in a group when it states that: The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. [4] According to Isagani Cruz (1995, p. 225) that the right of the people to associate is especially meaningful because man is by nature gregarious. The expression of opinions and views may be more effectively spread and disseminated if articulated through an organization to which the person belongs than if he were to ventilate them as a mere individual. This buttressed the view that only through membership in an organization, group or association can a person finds fulfillment and wholeness as a human being. With this, it can be said that an organization, together with Mison and Bernabe (2004, p. 79), is a mechanism or structure that enables living things to work effectively together.

Cultures and Practices Not Allowed in the Philippines Essay

Euthanasia Euthanasia is the legal term for a medically assisted mercy killing; however in most countries, euthanasia is illegal. The first form of euthanasia is the voluntary decision of a patient. This is when a patient asks a doctor to terminate the patient’s life if and when the patient suffers too much, the patient has no hope of recovery, the patient has no hope for a decent quality of life, or the patient wishes to relieve the financial or psychological burden on the patient’s family. The other form of euthanasia is an involuntary decision by friends or family of the patient to end the patient’s life. This is sometimes referred to as euthanasia without consent from the patient. Euthanasia is unethical. It is immoral. Even though a death of a person is given consent by himself, it is still murder, assisted suicide, or mercy killing, which is against the will of God. Abortion Abortion, though allowed in some other countries, is illegal in the Philippines. Under the Revised Penal Code of the Philippines, any person who shall intentionally cause an abortion shall suffer reclusion temporal, prision mayor, or prision correccional. The only time abortion is legal is when the pregnancy of the expectant mother is beyond saving like in the case of fetal death, fetal deformity caused sickness while in womb, pregnancy post high risk to mother’s life. In all other circumstances, there is no exception. Abortion is more illegal in the eyes of God, because it is a mortal sin. Divorce Divorce, under the Family Code, is not allowed in the Philippines. Christianity is the largest religion in the Philippines, being that the Christian religion is strongly against divorce. The reason is the influence of Christianity in the Philippine culture. Under its teachings, only death can separate what God has put together. So even if under the eyes of the law, the marital bonds have been validly severed, the Catholic Church will still not honor said decree. Couple this with the fact that there is a stigma attached to broken marriages. Said stigma often develops feelings of insecurities and in some cases, rebellion on the part of the concerned parties. Polygamy Polygamy is the status or institution of simultaneous marriage of more than one woman to one man, or of several women to several men. The two forms are polygyny and polyandry. In ordinary use, the term is restricted to polygyny, where one man is simultaneously married to more than one woman. Catholic tradition has consistently interpreted Christ’s teaching as absolutely forbidding polygamy, and the prohibition was defined by the Council of Trent, pronouncing that it is unlawful for Christians to have several wives at the same time, and that it is forbidden the divine law. Marriage is a covenant between two people. In the Philippines, polygamy is not allowed because of the Christian influence in the Philippine culture. The only exception is when you are a Muslim living in the Philippines. Same sex Marriage Same sex Marriage is not allowed in the Philippines. Two people of the same gender having a relationship is somehow socially accepted nowadays. But when they are to be married, it is unethical. Even though there are some instances that these marriages occur, the couple could not include seeking legal protection and benefits that flow from marriage. Marriage is defined as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.