Human Rights Law amp; Business Essay

Human Rights Law amp; Business Essay Human Rights Law Business Essay Essay Writing and Samples The following free essay sample is posted here with the hope to give you some ideas on essay writing. You may also take a look at academic tips on research paper topic ideas, term paper format, narrative essay writing and management coursework writing in our blog. Human Rights Law BusinessIt has become evident in recent years that human rights violations occur not only from states, but also from various other actors such as transnational corporations (TNCs) (Habegger Roland 2). TNCs play an important role in global economy and can use their economic capability to achieve political objectives (Habegger Roland 2). Consequently, some TNCs may misuse their influence to the extent of violating human rights in various forms (Habegger Roland 2). To avoid this, there have been various efforts, such as United Nations conventions, by the international community to make TNCs and other businesses promote and protect human rights. To evaluate the effective enforceability of those conventions, it is essential to focus on the human rights issues that the conventions look after, and their strengths and weaknesses of in doing so. The number of initiatives and standards that are meant for corporate social responsibility has increased over the years (Report 4). They include international instruments such as treaties and declarations; nationally based standards such as constitutional provisions and national laws; certification schemes such as the Worldwide Responsible Apparel Production (WRAP); and voluntary initiatives that are adopted by businesses on a voluntary basis (Report 4). However, most of these initiatives except for some national standards are non-binding on companies, as they do not have any legal authority to regulate companies (Report 9). Moreover, nationally based standards may not often control the extraterritorial acts of TNCs (Business Human Rights 8). International laws can regulate corporations with regards to human rights issues in two ways, namely indirect and direct (Beyond Voluntarism 1). In contrast to various laws pertaining to companies, such as personal jury law, criminal law, company law and consumer law, International human rights law provides a universal benchmark to objectively measure the behaviour of companies (Beyond Voluntarism 3). Indirect form requires states to observe that companies respect human rights and that failure to do so result in legal consequences, whereas direct form imposes direct obligations on companies (Beyond Voluntarism 3). Accordingly, various conventions, which are listed below, serve in observing the compliance of TNCs with human rights issues.International Covenant on the Elimination of All Forms of RacialDiscrimination (ICERD 1965) (Beyond Voluntarism 22) International Covenant on Economic, Social and Cultural Rights (ICESCR1966) (Beyond Voluntarism 22) International Covenant on Civil and Political Rights (ICCPR 1966) (Beyond Voluntarism 22)Convention on the Elimination of All Forms of Discrimination againstWomen (CEDAW 1979) (Beyond Voluntarism 22)Convention against Torture and Other Cruel, Inhuman or Degrading (Beyond Voluntarism 22) (Beyond Voluntarism 22)Treatment or Punishment (CAT 1984) (Beyond Voluntarism 22)Convention on the Rig hts of the Child (CRC 989) (Beyond Voluntarism 22)International Convention on the Protection of the Rights of All MigrantWorkers and Members of Their Families (ICPRMW 1990) (Beyond Voluntarism 22) Apart from these, the International Labour Organisation (ILO) has formed many treaties to cover various rights for workers, especially concerning health and safety issues, prohibitions on forced and child labour, and the right to organize unions (Beyond Voluntarism 22). These conventions help in regulating companies with respect to various aspects of the human rights, such as non-discrimination; womens rights; life, liberty and physical integrity of the person; civic freedoms; employees rights; child labour; slavery, forced and bonded labour; economic, social and cultural rights; and voluntarism and market forces(Beyond Voluntarism 7-34). Conventions require states to regulate and adjudicate corporate activities with regard to rights capable of abuse by private parties (Background Pa per 2). However, these conventions do not often direct obligations to corporations. Instead, they focus on measures to be taken by states to control any corporate abuses with respect to human rights (Background Paper 2). Nevertheless, conventions related to most recently adopted treaties such as ICRMW and ICRPD specifically mention businesses in this regard (Background Paper 3).Different treaty bodies related to respective conventions focus more on certain types of companies and businesses than others that states need to formulate regulations to protect against abuse with respect to human rights by those companies (Background Paper 3). To be precise, states need to take necessary steps to regulate the acts of logging and property development companies in the context of resource exploitation in the lands of indigenous people (Background Paper 3). Also, focus on healthcare does not pertain only to private healthcare providers but also includes pharmaceutical and manufacturing companie s that perform activities, which may threaten food and water resources (Background Paper 3). However, they need to have adequate and appropriate focus on other sectors and companies as well (Background Paper 3).Also, conventions require that states need to have various measures to effectively regulate and adjudicate corporate activities (Background Paper 3). The measures may range from legislative measures, to prohibit abuse and proscribe certain behaviour to administrative and judicial mechanisms to effectively investigate all complaints of human rights violations by companies (Background Paper 3). However, implementation of conventions guidelines depends on states own discretion (Background Paper 3). Also, states have to provide with appropriate remedial measures in case of human rights violations (Background Paper 3). However, there is no clarity in conventions whether regulation and adjudication should direct at respective corporate entity itself or natural persons acting on beh alf of that company (Background Paper 4). Moreover, there is no clear distinction in this regard between state and non-sate owned companies (Background Paper 4). Though some treaty bodies such as CESCR mentioned about state-owned facilities, it is not clear whether these facilities are similar to state-owned corporations (Background Paper 4).Territorial factor is crucial in regulating transnational corporations, as the convention do not directly control except for requiring respective states to do so. In view of this, states may control the activities of companies outside the states national territories through a legislation called prescriptive extraterritorial jurisdiction (Background Paper 5). However, such control needs to consider various aspects such as the nationality of offenders and/or victims, territory where the company has violated human rights, and non-intervention of other states internal affairs (Background Paper 4). From the above discussion, there are certain weakne sses for conventions that prevent them from being effectively enforceable. Conventions are mostly non-binding on companies. The system only works when the potential violators of human rights prefer it to work. Also, states can follow the guidelines of those conventions on their own discretion. In the current state, conventions do not give adequate reference to all sectors and/or companies. Moreover, there is no clarity on the roles of the states in dealing with the acts of state-owned and non-state owned companies. As conventions do not directly influence and/or regulate transnational corporations, states cannot effectively regulate and adjudicate the acts of companies outside states national territories for various reasons such as trans-border limitations. Also, states may be reluctant in enforcing the spirit of conventions states when there is connivance between a state and a TNC in which the state may benefit from the failure to enforce human rights obligations (Deva 26). States may ignore human rights obligations to attract foreign investments (Deva 26). Also, some developing states may not have adequate legal and/or economic capability to enforce HR obligations (Deva 26). Furthermore, differences in legal systems among states may be another problem (Deva 26). Above all, there are no clear sanctions that are enforceable by any convention when a transnational corporation violates human rights (Deva 10). There are several examples to explain the ineffectiveness of conventions in enforcing human rights obligations. To start with, Malaysia became a signor to the UNs CRC in 1995 (qtd. in Shirali 1). After five years, the Malaysian government started to contravene the convention with the flow of foreign investments into the country (Shirali 1). Transnational companies like Nike and Reebok were allowed to exploit Malaysias children, making them work for long hours, often twelve hours a day, with scheduled bathroom breaks (Shirali 1). This is in absolute contras t with Section 1 of Article 19 of the convention that reads: State Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment, or exploitation (qtd. in Shirali 1). Thus, the above mentioned act was a clear violation of the convention. However, neither the Malaysian government nor respective transnational companies had to face economic or any other kind of sanctions (Shirali 1). It explains that the indirect approach of conventions, in which states are required to regulate transnational companies and other businesses at their own discretion, is not effective in protecting human rights. In another example of human rights violation, Banco Santander Central Hispano (SCH) is Spanish bank, which is the largest private bank in Latin America and the Caribbean (Banco Santander 1). SCH is accused as a co-responsible entity in relation to the displacement of 1.4 million local people most of who are rubber producers, nut collectors and fishermen (Banco Santander 1). Nearly 5,000 families will become landless due to the lack of any plans for their resettlement or compensation (Banco Santander 1). Also, the construction will impact the drinking water in that region, increasing the malaria cases simultaneously (Banco Santander 1). In spite of its intensive corporate responsibility drive, SCH has failed to achieve compliance with weak international laws that regulate the actions of an international bank (Banco Santander 1). The United Nations ICESCR andILO's169 Convention lack the necessary enforceability to address the grievances of respective indigenous people (Banco Santander 1). To address the issues of ineffectiveness of conventions UN has proposed some norms to protect human rights from potential violations of TNCs. Accordingly, TNCs need to be compliant with the norms and submit to monitoring by the UN and other entities on their application of the Norms (Braaten 6). Though the mechanism seems like encouraging a direct approach by making TNCs directly responsible with human rights obligations, it still lacks clarity on how to implement the mechanism and the judicial validity of it (Braaten 7). To conclude, conventions are helpful in providing guideline to states on protecting and promoting human rights with regard to transnational corporations and other businesses. However, the lack of a direct approach and other related mechanisms to treat companies as directly responsible entities makes these conventions not so effective in protecting human rights.

Cal State Monterey Bay CSUMB Admissions Data

Cal State Monterey Bay CSUMB Admissions Data California State University-Monterey Bay (CSUMB) is selective, with 35% of applicants accepted last  year. The school is accessible to many interested students, especially those with grades and test scores well above average. Students should have at least a 2.0 high school GPA to be considered for admission. Prospective students are encouraged to visit the campus and to check out the schools website for more information regarding applications and the admissions process. Will You Get In? Calculate Your Chances of Getting In  with this free tool from Cappex Admissions Data (2016) Cal State - Monterey Bay Acceptance Rate: 35%CSUMB GPA, SAT Score and ACT Score GraphCompare Cal State SAT ScoresCompare Cal State ACT Scores CSUMB Description Founded in 1994, CSUMB, the California State University at Monterey Bay, is the second youngest school in the  Cal State system. The schools stunning coastal setting is a big draw. CSUMB emphasizes hands-on, outcome-based learning and interaction between faculty and students. The CSUMB experience begins with a first-year seminar and concludes with a senior capstone project. The university owns two research boats for studying Monterey Bay, and service learning and undergraduate research projects are common. In Athletics, the CSUMB Otters compete in the NCAA Division II  California Collegiate Athletic Association. Enrollment (2016) Total Enrollment: 7,274  (6,758 undergraduates)Gender Breakdown: 38% Male / 62% Female92% Full-time Costs (2016 - 17) Tuition and Fees: $6,379 (in-state); $17,539 (out-of-state)Books: $1,339 (why so much?)Room and Board: $11,930Other Expenses: $2,030Total Cost: $21,678 (in-state); $32,838 (out-of-state) CSUMB Financial Aid (2015- 16) Percentage of New Students Receiving Aid: 80%Percentage of New Students Receiving Types of AidGrants: 74%Loans: 52%Average Amount of AidGrants: $8,623Loans: $4,532 Academic Programs Most Popular Majors:  Business Administration, Computer Software, Environmental Science, Humanities, Kinesiology, Liberal Studies, Radio and Television, Social SciencesWhat major is right for you?  Sign up to take the free My Careers and Majors Quiz at Cappex. Transfer, Graduation and Retention Rates First Year Student Retention (full-time students): 80%Transfer Out Rate: 7%4-Year Graduation Rate: 21%6-Year Graduation Rate: 55% Intercollegiate Athletic Programs Mens Sports:  Soccer, Baseball, Basketball, Cross Country, Track and Field, GolfWomens Sports:  Soccer, Softball, Water Polo, Volleyball, Basketball, Golf, Basketball Data Source National Center for Educational Statistics If You Like CSUMB, You May Also Like These Schools Menlo College: Profile  Otis College of Art and Design: Profile  Point Loma Nazarene University: Profile  Occidental College: Profile | GPA-SAT-ACT GraphUniversity of Redlands: Profile  Westmont College: Profile | GPA-SAT-ACT Graph Admissions Profiles for Other Cal State Campuses Bakersfield  | Channel Islands  | Chico  | Dominquez Hills  | East Bay  | Fresno State  | Fullerton  | Humboldt  | Long Beach  | Los Angeles  | Maritime  | Monterey Bay  | Northridge  | Pomona (Cal Poly)  | Sacramento  | San Bernardino  | San Diego  | San Francisco  | San Jose State  | San Luis Obispo (Cal Poly)  | San Marcos  | Sonoma State  | Stanislaus More California Public University Information SAT Score Comparison for Cal State SchoolsACT Score Comparison for Cal State SchoolsThe University of California SystemSAT Score Comparison for the UC SystemACT Score Comparison for the UC System

A short (c. 1500 words) concept note or description that synthesises Essay

A short (c. 1500 words) concept note or description that synthesises and summarises the key ideas, theories, policies and practi - Essay Example However, they used informal methods of learning which could be different from the current methods that are used. Apparently, the informal education relied on informal ways of learning which were considered social ways of learning. The old people in the society had an obligation to ensure the young generation in the society was learned through informal ways of learning (Sinagatullin, 2006: 12). Though this was at times considered an indigenous way of learning, the young generation was able to get vital teachings from the elders. With continued processes, the generation acquired the required skills in life. This led to development of better ways of teaching and learning which was passed to the next generation. This states the origin of education and how it was influential in the past decades. Globalisation is one aspect that is considered an important aspect that has led to the change from informal education to formal education. Many regions were stuck to their informal ways of educati ng the young generation. In their own thoughts, they were suitable to the upcoming generation. There are several reasons that led to the stagnation of such practices in most areas. First, mobility and immigration was unheard of. People in their ancestral land were locked in such areas and they did not feel the need to move to other places in the world. The people were living in their own way of life, which was comfortable according to their needs. These people did not have information flow from other places of the world, and as such, they did not have a comparison of the outside world. In fact, people believed that their way of life was more suitable than any other. However with the cropping up of the concept of globalisation, many other aspects of life changed. First, globalisation led to exchange of information from other parts of the world. This led to deeper comparisons between places and people felt the need to change their educational standards. For example, many people acquir ed formal information from already developed countries. This would be important in ensuring these countries are developing just like the other countries that are already developed (Zajda, 2010:101). For example, South Africa felt the need to copy the Australian way of education. South Africa was not as developed as Australia and it felt the need to adapt a different form of learning. This would improve the quality of education in South Africa to the standards of the education in Australia. Industrialisation is one of the most savoured outcomes of globalisation, especially in the education sector. The education sector needs motivations to be well equipped (Ben-Peretz, 2009:75). For example, the education sector looks at the outcomes of educating people in a certain sector and implements such education syllabuses. A concrete example is development of syllabuses that will equip people to participate in the industrialisation sector. The educational governing bodies will enhance their sy llabuses when looking for better ways of making an industrialised country. For example, the educational sector developed syllabuses for engineers, managers and other professionals that would equip the country with managers that would run industries. This led to massive improvement in education sector since the syllabuses were welcoming many people that would be professionals. This was only after the cropping up of industries that needed works, labourers and managers. Though the

Legal Aspects of Business Decisions Unit 2 DB SA first week last Essay

Legal Aspects of Business Decisions Unit 2 DB SA first week last submission - Essay Example This result in big problems where the USA business can run bankrupt and in the end is forced to close down. Another critical challenge that arises is the difference in terms and conditions as set by different countries. The above mention problem could easily be avoided, whereby in any supply that is made to the foreign country, there must be full payment made for the products first. Again every country has their own set military supply policies, most of this policy poses a serious problem to USA military business, where as a result, many conflict arises and also there is delay in payments or no payments at all. Foreign countries have laws in place that favors their own military where by incase of any conflicts, the foreign countries courts can defend their country and America business will have little control over that. Foreign countries understanding of USA military products may different, as a result any slight defect that they foreign countries detect, maybe used against USA business for no reasons. America business can use their own courts to follow up on other foreign countries disputes, but this too faces a challenge due to the time factor incurred and legal procedures that are undertaken for the same, this is seen where American courts lacks legal jurisdiction in foreign countries territories. One best thing that favors American business is the existence of international customs and tribunal which comes in to settle any investment disputes that arises or the also investment disputes being solved by WTO, but this to poses a problem due to the money and time wastage

Giving Guantanamo back to Cuba Case Study Example | Topics and Well Written Essays - 1250 words

Giving Guantanamo back to Cuba - Case Study Example Though it is debatable, I am of the opinion that at some point we might have lost our goodwill. I have no doubt that the United States is after the well-being of humans worldwide, but that does not mean we ought to let our feet of the gas and take for granted the happenings at Guantanamo bay. I say so because for over a decade we have allowed our government to use duress in Guantanamo bay detention camp. For the first time in several, we have maintained hard line stands and consigned human dignity to oblivion. In my opinion, I think the key players who take part in the process of national decision-making have backed the wrong horse. This is because they have overtime watched with crossed hands the dismal conditions under which those who stay at the Guantanamo bay detention camp put up with on a daily basis. In handling this project description, I am going to assume the role of the Secretary of State and shed light on how I can address the issues raised by Jonathan M. Hansen in his article titled Give Guantanamo Back to Cuba. I am going to evaluate the best possible action mechanisms we can employ to put the issue to rest. At the same time, I am going to discuss the relationship between the courses of action with the aim of preserving our national interests. Supplementary to the above mentioned, I am going to take account of the possibility of handing over the leadership of Guantanamo bay Island to Cuba and weigh the consequences of such an action. Since its creation by the Congress in 1789, the State Department under the watchful eye of the Secretary of State has risen to become one of the most looked upon offices not only in the United-States but worldwide. As the Secretary of State, I would put into use my duty as the President’s prime advisor on US foreign policy and recommend the end to American rule at the Cuban based Guantanamo bay detention camp. I am convinced by far, that the closure of the Guantanamo bay detention camp shall enable the US to be the custodian of two of its most important national interests: values and international organization. I say so because those suspects detained at the camp are subjected to undignified treatment. For starters, those detained at the facility are still innocent and the prosecutors are still in the process of proving that they are responsible for the various crime charges they are facing (Air University, 2012). If recent statistics collected from the facility are anything to go by, then the fact that only one out of 172 detainees is put to trial is even more worrying. I would ensure the enactment of laws that leave the military, which is our main instrument of power at the facility with no choice but to ensure that they treat the suspects with honor and decency. I would bring to an end the physical abuse that t he suspects always go through. This is achievable by penalizing heavily those military officers who harm the captives (Air University, 2013). During the transition process, I would recommend information as an instrument of power. Information shall come out through proper guidance and counseling of the captives. Guidance and counseling is imperative because it enables the captives to know that there is hope amidst all the tribulations they face. Another reason as to why information as an instrument of power should be employed during transition is because, of the causes of death at the facility. Recent studies taken from the Guantanamo ba

Culture Led Regeneration Focuses On Tourism Essay

Culture Led Regeneration Focuses On Tourism Essay Introduction The aim of this chapter is to provide a framework for the basis of this study, discussing the key matters and approaches in culture-led regeneration whilst examining its functionality within a wider context. It is essential to discuss flagship developments, the public realm, urban design principles and planning policy as part of the place making process. Images of the built environment used within place promotion strategies often add value by increasing consumption within a city. The following attempts to synthesise literatures from the fields of culture, regeneration, urban design, quality of place, place image and the public realm thus providing a coherent framework for later analysis. It is these overarching concepts which remain interlinked in creating better places where people want to live work and subsequently invest. Part One: Regeneration Culture-led Regeneration The term culture-led regeneration has become a part of the planning and development vocabulary and has been seen as being of increasing importance from the beginning of the 1990s, since which arts and culture have come to be seen as a key resource for urban regeneration (Griffiths et al, 2003: 154) with both increased focus and funding opportunities. The Department for Culture, Media and Sport (DCMS) commissioned a report entitled The Contribution of Culture to Regeneration in the UK which defined regeneration as breathing new life and vitality into an ailing community, industry and areas bringing sustainable, long-terms improvements to local quality of life (2004:4). Culture-led regeneration focuses on using culture and cultural activity as a catalyst and engine for regeneration activity. Within the scope of this study such cultural activity will focus on the quality and design of both buildings and the reclamations of open space including their impact and use. Often these activities are used within place rebranding strategies (Evans and Shaw 2004). Specifically this form of regeneration can be considered through many types of expression including architecture, heritage buildings, festivals, events and the performing arts (Smith, 2006). There are numerous approaches towards achieving culture-led regeneration including production and consumption based strategies (Bianchini, 1993), as illustrated in Figure X. Culture-led regeneration has been used extensively within Europe (Gomez, 1988; Keating and De Frantz, 2004; Miles, 2005) from the beginning of the 1990s as a strategy for regenerating cities that have suffered from social and economic decline through de-industrialisation. Whilst such strategies have been successful throughout Europe, uncertainly remains regarding their long-term benefits (Kavaratzis and Ashworth, 2006). Various studies have been conducted into the effects and impacts of culture on regeneration as outlined in Table X within the context of this study. Culture-led regeneration initiatives have been implemented aimed towards adopting a new place image (Doucet, 2007). The shift towards a globalised economy has resulted in increased competitiveness, recognising that cities must complete of a global scale to attract inward investment. Following deindustrialisation civic institutions have adopted culture-led regeneration initiatives as a tool which offers distinctive wider e conomic benefit by not only stimulating economic growth however aiming towards addressing negative market externalities and social problems (Jones and Evans, 2008). Keating and De Frantz (2004:190) summarise In a crowded international market, it can mark the city as distinct, giving it a brand image. This can indirectly promote its economic competitiveness by increasing its position in the quality-life indexes of international investment ranking. It may also have a psychological effect within the city, building self-confidence and civic pride among the population and even boosting optimism among investors. The role of art and culture is strong within economic development and place-marketing strategies as the wider cultural offer of a city formulates a key component of re-imaging and the creation of distinctive places. This often results in extensive urban development based upon consumption with individuals being attracted by the synergy formed by cultural facilities and surrounding mixed-use development (Snedcof, 1985). Figure X Table X Impacts of Culture on Regeneration Physical Economic Cultural Enhanced identity and place image Inward investment Increased cultural understanding Aesthetic and environmental improvements through architecture, public art and public realm Tourism and increased visitor spending Promoting participation within the arts Increased design quality Increased footfall Enhanced creativity and vision Increased use of public open space Increased property values Enhanced cultural well-being Reuse of redundant buildings/ increased occupancy of vacant land Employer retention Sustainable development (Adapted from Evans and Shaw, 2004; Landry et al, 1993) A case study on the Newcastle Gateshead found that there were social and community benefits of culture-led regeneration including increased numbers of local residents attending cultural institutions and an increased number of residents feeling that the arts had played a valuable role in their lives. Furthermore culture-led regeneration within the area has aided in restoring local individuals identities in addition to improving the fabric and culture within the city. Bailey et al (2004), argue that culture-led regeneration provides a framework enabling local people can [to] re-establish ownership of their own sense of place and space. Thus, culture is a critical aspect of mediating and articulating community need (Evans, 2005: 959), as can be seen that one of the potential effects of culture-led regeneration is positive social impact in addition to economic stabilisation (see Figure X for examples). Major events are seen as a particularly effective catalyst for city regeneration processes because they are able to merge tourism strategies with urban planning and can boost the confidence and pride of the local community (Garcia, 2004: 104) The arts are a catalyst for regeneration, a magnet for tourism and business, enhance the visual quality of a citys environment and provide a focus for community and individual development (Miles, 2005: 896) Figure X examples of social impacts in culture-led regeneration Flagship Development Phenomenon Over past decades the role of the government has essentially changed from functioning as city managers providing frontline public services, to policies focusing on globalisation (Doucet, 2007). Accordingly transforming into more diversified economies adopting entrepreneurial practices as a result of ideological shifts within government policies promoting growth and development. In order to accumulate investment and create job opportunities within this ever competitive economy, there has been an increased focus and awareness of consumption factors, such as quality of life, amenities, the built environment, cultural and social facts (Healy et al, 1992). Flagship developments are often used to produce euphoria, a sense of civic pride and success amongst the local population. Flagship developments are considered a means for economic growth and further catalytic effects such as bringing derelict space back into an economic use. Flagship developments are often launched alongside rebranding or marketing strategies with the aim of changing place image towards a dynamic and creative vision, thus attracting individuals and increasing potential footfall. Flagship developments are often situated in high-profile locations such as central business districts (Healy et al 1992). The Bilbao region of northern Spain is often cited as a successful example of a flagship development and is known as the Guggenheim Effect having created many ripple effects across the region. Critiques of Flagship Developments Doucet (2007) notes the foremost criticism is that of conflicting visions of the city from those of the policy makers and promoters to those of the local population. Thus the question arises as to who are flagships designed for, the residents or outsiders? Often flagships developments follow themes and patterns duplicated from previously successful projects which lead to a cookie-cutter effect (Doucet, 2007). Many flagship developments have become franchised and replicated in both appearance and form throughout the world, which subsequently affects their impact. For example it is evident that many flagship museums are becoming franchised; diminishing originality and their unique selling positions (Harvey, 1989). Impact Measurement The term impact is used in relation to the contribution or role or importance of culture-led regeneration. Table X below identified the different environmental and economic impact measurements and their associated tests (DCMS 2004); Table X: Impact Measurement Environmental Land values and occupancy (versus vacant premises/voids), design quality, environmental/quality of life. Tests Quality of Life (ODPMs local quality of life indicators), Design Quality Indicators (DQI CABE/CIC), Re-use of brownfield land Economic Multipliers (jobs, income/expenditure direct, indirect, induced), cost benefit analysis, contingent valuation (i.e. willingness to pay for free activities such as parks, museums, libraries), inward investment and leverage, distributive effects Tests Employment/unemployment rates, income/spending and wealth in an area, and distribution by social group and location, employer location, public-private leverage, footfall. Place Marketing Image profile strategies may assist in tackling issues around depravation and unemployment in addition to indirectly increasing its economic position reflected in the quality of life, the creation of a distinctive sense of place and psychological effects such as implementing civic pride and a shift of perceptions. Generically through UR the rebranding of a place follows through the design and construction of the built environment. Additionally the use of high profile projects in conjunction with tourism and cultural policies promotes a positive place image in order to adapt the status of the city, its local economy and attract inward business investment as suggested by Stevenson (2003). There seems to be a growing importance in the role of economic development and the adoption of place marketing and re-imaging will assist in distinguishing a place from its competing locations. Bramwell and Rawding (1996) discuss the repositioning of a place within a better market sector with the new brand communicating that alternative service range offers are available to investors, businesses and individuals. The phrase renaissance defines a new approach to regeneration based on the quality of place, an understanding that the design and delivery of high-quality public spaces and the built environment will raise aspirations and contribute to a higher and more sustainable level of economic wellbeing. The function of the programme is to facilitate the renaissance of underperforming places and maximise its strengths. The aim is to help places develop and prosper, both in physical and economic terms. Part Two: Public Realm A Case for Public Realm and Place Quality The type of investment that comprises public realm is varied and often specific to a particular location. Within a city centre context the range of interventions can cover mixed use developments with a focus on squares, waterside development combined with good urban design features which include improving connectivity and supporting green space. The approaches adopted can be led by the type of commercial use be it retail, cultural or indeed office development led. The definition of quality of place can be broadly described as the range of factors which contribute to the attractiveness and functionality of a locality as a place to live, work, invest or visit. Investment that supports the development of high quality places is generally recognised as helping to improve economic performance. This particular view has influenced the place agenda over the past decade and this is now clearly evident in public policy. Good examples of this shift in policy include the CLGs Total Place concept and the approach being adopted by the HCA to area based development. CABE have long argued the importance of quality places in defining successful places. Economic Benefits Various research studies undertaken over the last 10 years have sought to examine the impact of design quality on local areas and businesses. CABE (2002) draws together the findings of key research from the UK and abroad showing how investment in good design generates economic and social value. Collectively the studies provide evidence of the value of design in the areas of civic pride and cultural activity, business, housing, educational environments, crime prevention and social wellbeing. CABE (2004) highlighted the importance of public realm and public spaces to the competitiveness of an area. Whitehead et al (2006) sought to follow up on the earlier qualitative findings (such as the work by CABE) to quantify measures of change in business performance brought about by urban quality improvements (for example, studies that looked at willingness to pay, impact on property values and rents, turnover, footfall or other quantifiable forms of impact). Whitehead et al (2006) examined whether improvements in the urban environment (which might be achieved through pedestrianisation or public realm improvements) affect business location decisions. The central question posed was to establish the value to office or retail businesses of locating in enhanced urban spaces, reviewing more than 700 different studies. Table X below summarises the quantifiable evidence found by the Panel. It indicates the range and mean value for key commercial metrics such as footfall and turnover and retail and office rental premiums observed from the investment made. Table X (Whitehead et al 2006) Activity Type of improvement Number of cases Headline values (Mean) Retail footfall Pedestrianisation 10 20% 40% (32.3%) Retail turnover 22 10% 25% (17.0%) Retail rents 420 10% 30% (21.7%) Office rents Waterfront improvement/ other water feature 10 15% 35% (24.2%) Commercial property values can also benefit from the presence of quality public realm and environs. In principle, higher landscape quality will help to make sites and premises easier to sell or let and help retain occupants, with some studies suggesting that some occupants value landscape quality more highly than others to the extent that they are prepared to pay a higher than average rent for premises located in an area of high landscape quality (South Yorkshire Forest et al, 2008). Land and property values are a useful proxy measure for the relative prosperity and attractiveness of a community, neighbourhood or place. Property values reflect a basket of factors, including for example transport links, proximity to employment and local services, as well as environmental quality. The public realm theory of change model brings together the evidence base in terms of activities, outputs, outcomes and impacts in mapping the economic benefits of public realm investment (EMDA/ECOTEC 2007). Figure X provides a schematic of the public realm theory of change model. In the centre of the framework are the reasons why public realm investment brings about economic benefits summarised around six economic benefit streams: 1. Attracting business; 2. Increasing land / property values 3. Attracting visitors; 4. Increasing tourism; 5. Improving productivity; and 6. Enhancing image. The theory is that the quality of the location is enhanced by public realm and this changes the behaviours of investors, business and visitors, leading to increased positive outcomes including increased business activity, visitor expenditure, secondary business activity, productivity and an overall enhanced image for the area. Ultimately this improves the overall investment climate for a location and employment opportunities, impacting on high level outcomes including the sustainability of communities and economic competitiveness. Figure X: Public Realm Theory of Change Model. Case Study Evidence In evaluating the impact of public realm there has been a heavy emphasis on using area based case studies. Such case studies have tended to focus on qualitative assessments, although increasingly they have used survey approaches to help assess the relative contribution of public realm investment. Table X summarises a number of case studies. The case studies illustrate that public realm is reported by stakeholders as having an economic impact. Businesses across a range of studies report that public realm investment improves the performance of existing enterprises and influences new investment decisions. This is due to the way in which public realm impacts on increasing the attractiveness of an area, increasing footfall leading to increased consumers expenditure or improves the image of an area leading to new employment generation activity. The public realm is a secondary factor in the location decision making of inward investors in the East Midlands (EMDA/ECOTEC 2007). This was viewed as being due to the nature of inward investment decisions and the multiple factors that influence location. Moreover, it has been noted that there is little robust evidence from property market stakeholders to demonstrate the economic and regeneration impacts of investment in the public realm, but anecdotal evidence point to a positive relationship. A more general point relates to the context for public realm investment being made. The case study evidence suggests that whilst public realm projects can be successful in their own right, they need to be part of a wider regeneration programme to contribute towards the economic revival and sustainability of an area. What the case studies generally provide is a strong signal from businesses that there is a causal relationship between public realm investment and economic performance and the mechanisms for economic impacts. What is less clear is the relative contribution of public realm to observed overall changes. Table X: Summary of selected case studies on the economic benefits of public realm [source] Case Studies Context Investment Qualitative Impacts Quantitative Impacts Birmingham Victoria Square Public square flanked by most established civic buildings  £3.7m as part of  £6.5m package of works Restriction of traffic flows helped increase pedestrian flows, space for formal and informal activity, events attracts visitors. No assessment Bristol Queen Square Increase in property values of 15% which in part can be attributed to the public realm. Coventry city centre Poor quality city centre environment Range of public realm works incorporated Urban design improvements in the city centre, including signage, public art and civic square improvements have been cited as leading to a 25% increase in footfall on Saturdays [footnote] Torbay Waterfront Waterfront investment in public realm The public investment was recognised by businesses as important in influencing their investment decisions and increased trade [footnote] Based on waterfront business surveys and interviews was able to attribute on average some 20% of private sector investment to the waterfront public realm investment. Key retailers had noticed increased footfall as a benefit and some 10% of investment was attributed by the evaluators to the public realm investment. Whitby Town centre public realm works Study reported an increase of 35% in visitors as a result of the public realm works. This analysis was based on a visitor survey which asked whether the public realm has influenced the decision to visit. Part Three: Policy and Investment Rationale Cultural Planning Rationale Most culture-led regeneration has been implemented through cultural policy (Vickery 2000) with the rationale of achieving both social and political agendas. During the 1980s the use of cultural policy shifted towards an economic and physical regeneration mechanism (Garcia, 2004; McGuigan, 2005), and was known as cultural economic policy Kong (2000). Cultural policy has been used to create a sense of national identity through a cultural renaissance based on primarily on achieving economic benefits (Lee, 2004). There are various policy levels which aim to support both production and consumption based strategies (Simonin 2003). The DCMS made it a non-statutory requirement for the local authorities in England to produce a local cultural strategy to promote cultural well-being (DCMS 2000:5) which resulted in a high take up. A DCMS report entitled Culture at the Heart of Regeneration outlined the economic and social benefits of culture and recommended policy improvements to ensure that culture is firmly embedded in regeneration from the very beginning (DCMS,2004:5), not just as an after-thought. Cultural planning is defined as the à ¢Ã¢â€š ¬Ã‚ ¦strategic use of cultural resources for the integrated development of cities, regions and countries (Evans, 2001:7), and is the means for which culture to be considered in all processes relating to planning and development (Mercer, 2002). It is promoted by academics, as an alternative to traditional cultural policies (Evans, 2001; Garcia, 2004; Bianchini, 1993). This approach promotes an understanding of cities as cultural entities (Bianchini, 1993:212) and incorporates cultural policies with other sectors, such as planning (Lutz, 2006). Public Realm Investment Rationale The public policy rationale for investing in public realm has become increasingly well documented in recent years. Public places that help to inspire, delight and attract people are now firmly recognised as one of the wellsprings of prosperity. Indeed, good quality public realm has become increasingly central to urban regeneration policy decisions. The case is well articulated by CABE (2003:4) A high quality public environment can have a significant impact on the economic life of urban centres and is an essential part of any successful regeneration strategy. As towns increasingly compete with one another to attract investment, the presence of good parks, squares, gardens and other public spaces becomes a vital business and marketing tool. Companies are attracted to locations that offer well-designed, well-managed public places and these in turn attract customers, employees and services. It is worth noting the words of the American urban designer Alexander Garvin who wrote Urban planning should be defined as public action that will produce a sustained and widespread private market reaction (Gallacher 2005:11). That is to say if any new public space is not designed without some conscious thought given to increasing human activity and exchange, as well as adding to the economic value of local neighbourhoods and facilities, then it is likely to fail. The urban competitiveness maze outlined in the late 1990s introduced the concept that high quality public realm was an important factor in determining economic performance (Begg, 1999). The study highlighted that a high quality pedestrian environment and public realm was an essential component of creating the right environment for business. The linkages between local environmental quality and economic performance determined that public realm could have an influence through: (i) stimulating the local economy through increasing private sector returns, (ii) have a positive impact on perceptions of the area, and (iii) may retain and attract workers to an area where there is easy access to employment centres (Frontier Economics Ltd, 2004). Public realm investment is recognised as integral to the functioning of quality places. Buchanan (2008) concluded a three year evaluation project capturing the impact of quality of place investments across the North East region (these include a range of investments in cultural facilities, streetscapes, parks and other public realm). This has focussed closely on the impact of quality places on economic performance and has highlighted the contribution of public realm to the mix of elements that help make a location successful. Figure X overleaf illustrates the mix of attributes that make for good locations and quality of place identified in the study. Buchanans analysis concluded that quality of place investments can make a positive contribution to regional economic performance in four areas in particular: attracting and retaining knowledge workers; improving productivity through enhanced density; increasing labour force participation, and growing the tourism and culture economy The study identifies a broad approach to the assessment of the impact of quality of place, covering the assessment of economic change, property values and land prices, perception change and a physical quality assessment. The physical quality assessment used a number of survey tools as outlines in Figure X below. Figure X: Figure X: Economic competitiveness and quality of place (Buchanan, 2008) Over time public and urban realm investment has featured more strongly in order to underpin overall investment strategies. Industrialisation in the urban centres led to expansion, but de industrialisation later led to decline. The decline of many of the town and city centres was accompanied by social and physical degeneration, worsened by urban sprawl, including the emergence of out-of town shopping. The urban cores became places more likely to hinder, rather than promote, economic growth. The sheer scale of the problem, and a lack of resources, condemned to failure previous approaches of quick-fix and piecemeal interventions (in this case Sheffield). Within cultural planning policy and economic strategy the importance of public realm is in making great places and delivering more competitive locations. They serve as an attraction for people, businesses and visitors. They become places where people want to visit, live, work and invest. They offer better lifestyles. They are more likely to attract people who have more choices in life, with higher levels of income, education and skills. They attract new, knowledge-based sectors. The process of place-making helps to overcome exclusion, empowering local people and raising their levels of aspiration and ambition. The case for public sector investment in public realm is firmly grounded in a belief that it is a key contributor to the economic well-being and competitiveness of an area. There is a general body of evidence that recognises the importance of quality of place and public realm in attracting and retaining business, skilled people and visitors. From the evidence it is also clear that there are many factors that contribute to the quality of a particular location and therefore the attractiveness of a location to residents, businesses and visitors. Often a public realm strategy is just part of an overall investment strategy to improve the quality of a town or city centre environment the best are often described by investors or developers where they can see that action is being taken to improve a town or citys environment across sectors whether this be efforts to improve the town or citys retail, leisure, office, or residential offer, supported by a strong and clear masterplan and strong public sector governance. Together these factors appear to come together to improve the overall quality of a place, and a location that will encourage private sector investment. The challenge appears to be in disentangling the specific contribution of the public realm investment. Part Four: Validity Literature Validity Following an extensive literature review process it is vital to correspondingly consider the validity of such sources of literature. It remains essential for critical analysis and evaluation of certain aspects including the tone and style echoed within the literature in addition to the purpose for which it has been written. By undertaking effective and thorough research from a variety of quality key texts this enables the researcher to gain depth of knowledge and an understanding of the topic area. The adopted systematic approach to underpinning this literature review has enabled a variety of sources such as internet data, books, journals and reports for data collection, analysis generation and interpretation. A widespread of government agendas, initiatives, policies and strategy report documents have been reviewed. Refereed scholarly journal articles have been considered from various respected sources, authors and academic institutions which have been written for the purposes of professionals, academics and students within the field of the built environment. Additionally, internet data and books have presented mixed views which remain valid for use within this study. Therefore, bias or alternative influences remain few, subsequently forming reliable and valuable sources of information which have been executed with a critical approach for the purposes of this study.

Thomas Hardys Jude the Obscure Essay -- Jude the Obscure Essays

The disposition and temperament of a character is revealed to a reader by the author throughout any work of literature, but a vast portion of the characterization occurs in specific instances at certain key points in the plot of a novel or play. This excerpt about Jude and Sue, from Thomas Hardy's Jude the Obscure, exposes significant insights into their true intentions and emotions of themselves, others, and life in general. This author engenders a unique persona for each of the inhabitants of these two houses by utilizing a forlorn tone and gruesome diction, alongside symbolism that emulates the current situations in which the two characters find themselves ensnared. In the beginning, the author introduces the characters simultaneously, each with an equally "lonely and disheartened" mood enveloping them(lines 2, 3). The individual circumstances are overlooked in order to capture both of their forsaken feelings together, which leads the reader to envision a connection between the two; this foreshadows a possible surreptitious relationship, especially when he "question[s] his devotional model"(l.3). When he questions himself, he shows the signs of a low confidence level, which could reveal a low self-esteem and possibly an introverted, quiet personality; the semicolon that precedes this passage reveals even more about Jude, because it connects the "lonely and disheartened" tone around this part of the passage with his opinions about himself, leading to the conclusion that he does not trust his own judgment and has possibly made similar errors in the past(ll.2, 3). Jude watches the house as it "disappear[s] behind the night shade," mirroring his waning chances of encountering Sue, which further establishes his hidde... ...ned by an event that does not interrupt the plot but is just as effective at uncovering the actual meaning and connections in the plot itself. In the story about Jude and Sue, Thomas Hardy was able to interconnect the story of a rabbit and a couple in such a way that the significance of the scene was not detracted from, and he was still able to convey his point. He used diction that denotes confinement and a tone that captures the separation that Jude and Sue feel in order to reflect his actual thoughts on marriage, and he symbolized a very important interaction by way of a seemingly insignificant act in order to show a hidden but powerful connection. Through all this, Hardy fully exposes the nature and predicament of both Sue and Jude so that the reader is able to understand, and anyone can relate to the universal, core feelings expressed in this excerpt.