Visual Communication

Long before, for us to be able to communicate with our relatives from afar, we still need to write a letter and Walt a couple of days for It to be received ND a couple more of days to wait for the reply but with the emergence of these sites, communication was made easier and was taken to a different level. One of the most Influential and popular social networking site of today Is Faceable.From its birth back In Harvard university on February 4, 2004, Faceable has expanded and became the world's largest social networking site with a whopping total of 1,000,000,000 ( 1 Billion ) users as of today. What made the masses like the said site Is because of It's all in one feature. You can chat, play games, upload photos or videos and even send files, all at the same mime. It frees the users from the hassle of opening up multiple tabs and typing in websites that have one of the many features that Faceable has.But Like any other sites around the cyber world, the question for privacy arises and It had caused a great deal of problem over the time. It may look sophisticated yet it is still vulnerable to infiltration of hackers, which causes ruckus whenever the domain is hacked or temporarily closed down. Those type of issues caused Faceable to be also viewed as unsafe and more advertisements are made for the people to be aware how e should not place in private information and such in our profiles.Since Faceable had been around for ten years already and it had helped bridge long gaps between families and friends, at some point It also helped others to find the right person for them, the one they would want to spend their lifetime with. Faceable being used as well for dating online, it is essential not only for a Mass Communication major to study it but also for every individual that are still baffled as to how people are able to establish a close or intimate relationship with someone they barely knew other than hat Is stated on his/her Faceable profile.But then again, why is It that those people who are members of groups that were specially made for those who are willing to try online dating, all of the stuff written on their profile will impress you so much and the pictures are just too good to be true. It's as if people whom are currently dating through Faceable only seem to post good things on their walls, which again, makes me have this doubt over the reliability of the people we talk with online, moreover those who are a total stranger to us. 1 OFF Visual Communication In maintaining effective communication, utilizing visual communication is an important part of advertising and/or expressing ideas without actually saying them. Visual Communication can be best utilized in a classroom. Shapes and colors, charts and graphs, and cartoons and illustrations are examples of the approaches to visual communication. Visuals of business progress or digress should be clearly communicated through any visual communication that relates to the operation of the business. Visual communication can be learned and is used at an early age. For example, in a seventh grade math class, the students are taught the concept of order of operations. There is a message (acronym) that the students learn for each letter of the main math operations (parentheses, exponents, multiply, divide, add, and subtract). The message is Please Excuse My Dear Aunt Sally is given along with a visual (picture) of an aunt. When the students see the picture of the aunt, the students automatically remember the steps to order of operations to solve the math problem. Including colors in this message also helps the students to remember the first letters of the math words. Shapes and Colors Shapes and colors are used to accent and show contrasts in the message. According to Armar and JoAnna Almasude, web design, â€Å"Color considerations may also include the meanings of the colors and the moods that they could evoke. Viewers may have emotional, esthetic, biological responses to the colors of design. † (Web Design, 2002). Using colors effectively will convey a clear and concise message that is meaningful. In Appendix A, the acronym Please Excuse My Dear Aunt Sally uses shapes and colors to convey the message and show the process in using order of operations. Charts and Graphs Charts and graphs are examples of approaches to visual communication. Using charts and graphs in visual communication will convey the idea without having to include a lot of numbers. Including color in the charts and graphs will show the differences and result in the understanding of what the message the chart or graph is trying to convey. Appendix A also falls in the category of charts and graphs. The figure shows the process of order of operations by using shapes, colors, and, arrows to give the reader the direction on how to solve the problem using order of operations. Cartoons and Illustrations Cartoons and Illustrations are examples of approaches to visual communication. Using cartoons and illustrations will give the reader a picture of the idea that is being expressed. In using Please Excuse My Dear Aunt Sally, Appendix B uses a cartoon illustration of an aunt to help the students remember the process of order of operations. According to Professor Paul Lester, he stated, â€Å"Images are remembered by thinking about them in words. Whether pictures are not a language because there is no easily definable and reproducible alphabet or because the elements that make up a picture do not follow a discursive, linear flow, most experts agree that images are a collection of signs and as such, become a language when read in the mind† (Syntactic Theory, 2006). In other words, cartoons and illustrations are best used when related to words. This is reason why the students should be able to remember the process through vision and memory. In conclusion, visual communication plays an important role in visual and cognitive understanding. It can be used for almost every aspect of representation especially in the classroom. Shapes and colors, charts and graphs, and cartoons and illustrations are examples of the approaches to visual communication. I feel that cartoons and illustrations are the most effective for of visual communication. In using cartoons and illustrations to express ideas or thoughts, they can be conveyed without the use of words. However, including words will help show the correlation that what is seen is believed.

Baltimore City Department of Social Services v Bouknight and Tarasoff v. Regents of University of California

The fields of social sciences and the legal system have become inextricably linked in response to the development of system processes to aid in problem solving. Each of the fields informs the other, utilizing their respective extensive expertise and knowledge-based literature to address the prevailing challenges in the society. In the desire to address the complex criminality and societal problems that beset the nation, the legal system and the practitioners of social sciences are inevitably linked so that the knowledge base and expertise of one can collaborate with the other and vice versa.The development of therapeutic jurisprudence became an imperative, each field having an impact on the other towards the creation of systemic processes to solve society’s problems. The civil liberties accorded under the Bill of Rights are safeguards against the vast powers of government. Their existence and observance ensure individuals from the undue governmental interference and interventi on. One of these privileges is the right against self-incrimination. In the cases of U. S. v. Doe, (465 U. S. 605) and Doe v. U. S. [487 U. S.201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) â€Å"that the statement be testimonial; b) incriminating; and, c) compelled. † However, in the case of Baltimore City Department of Social Services v Bouknight, the defendant was ordered incarcerated for refusing to disclose the whereabouts of her child who was believed to be abused. The Court ruled that the privilege is inapplicable considering that what was demanded of Bouknight was not testimonial in character.Moreover, assuming that it was, the Court ruled that as between the individual right and public interest; the latter should prevail. The safety and well being of a child is a matter of public interest and therefore Bouknight can be compelled to disclose the necessary information. In the case of Ta rasoff v. Regents of University of California, the Court ruled that a therapist/physician can breach his duty of confidentiality with respect to matters disclosed by his patient in the course of treatment by warning the readily identifiable person of the peril or harm to his life.This duty to warn is countenanced by law or by the code of ethics of physicians. This ruling also serves as an exception to American negligence cases where special relationship of parties must be held to exist. Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988) A three month old infant was admitted for treatment in a hospital. It became apparent that the mother, Jackie Bouknight may have maltreated the infant.Consequently, the Department of Social Services (DSS) petitioned the Court to declare the child as a â€Å"child in need of assistance† and grant it the power to put the child under foster care (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The Court granted relief and it was agreed upon by the parties that Bouknight shall have the custody of the child subject to the conditions of supervised parenting and an undertaking of non-infliction of bodily harm and punishment on the child. At first, Bouknight complied with the conditions but later on she became uncooperative and refused to produce her son to the DSS.The DSS in fear for the safety and well being of the child filed a case before the Court to compel Bouknight to produce her son. She failed to appear before the Court but was later on arrested. On her refusal to disclose the whereabouts of her son, she was found guilty of contempt and was ordered to be incarcerated until compliance with the order [In re Maurice, No. 50 (Dec. 19, 1988). 314 Md. 391, 550 A. 2d 1135]. On certiorari, the Court of Appeals of Maryland ruled that the incarceration of Bouknight was an infringement of her Fifth Amendment right against self incrimination.According to the Court, the p roduction of the son is testimonial in nature because by doing so, it only proves Bouknight’s â€Å"continuing control† over her son which may be utilized in a criminal proceeding. It ruled that there are acts of production deemed to have testimonial value citing the case of U. S. vs. Doe (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The U. S. Supreme Court granted the stay of DSS pending the filing of the requisite petition for certiorari.The grant of stay was based on the fact that even assuming that the act of production of the child is testimonial in character, many line of decisions of the Court are clear that as between the public need vis-a-vis a single claim of an individual on constitutional privilege, the former is upheld. In this particular case, the safety and interests of the abused child must be upheld over Bouknight’s assertion considering that, in the hierarchy of values, the safety and welfare of the child tak es precedence over other concerns (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). Moreover, the information sought which is the whereabouts of the child is for the contempt charge and therefore civil in nature (Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). The Fifth Amendment: Right against Self-Incrimination The Fifth Amendment originated from England and derived from the Latin maxim â€Å"nemo tenetur seipsum accusare† meaning â€Å"no man is bound to accuse himself† (Levy, 1968). It was used in both the accusatorial and inquisitorial legal systems of England (Levy, 1968). In the U.S. , after the revolution the states ratified the Constitution with the inclusion of the privilege in the bill of rights. The original version of Madison was amended by the House to include â€Å"in any criminal case† (Schwartz, 1971). Thus, as it now stands, the Fifth Amendment provides, â€Å". . . nor shall be c ompelled in any criminal case to be a witness against himself . . . † (U. S. Constitution, Bill of Rights). The primary purpose of its inclusion in the Bill of Rights is â€Å"to protect the innocent and to further the search for truth† [Ullmann v.United States, 350 U. S. 422 (1956)]. However, in subsequent line of decisions, the Court ruled that other privileges stated in the bill of Rights are more in the nature of adjuncts to the determination of truth such as the right to counsel or the safeguards afforded by the Fourth Amendment while the privilege against self-incrimination is primarily for â€Å"the preservation of the accusatorial system of criminal justice. † This maintains the integrity of the judicial system and protects the privacy of the individuals from government intrusion [Miranda v.Arizona, 384 U. S. 436, 460 (1966); Schmerber v. California, 384 U. S. 757, 760–765 (1966); California v. Byers, 402 U. S. 424, 448–58 (1971)]. The privi lege is a guarantee against compulsion for testimonial evidence which consequently will result in the imposition of criminal penalty on such person making testimony. The Court laid down the requirements necessary before a party can successfully invoke the protection of the privilege against self-incrimination. In the cases of U. S. v. Doe, (465 U. S. 605) and Doe v. U. S. [487 U. S.201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) â€Å"that the statement be testimonial; b) incriminating; and, c) compelled. † According to the court, ‘testimonial’ refers to all communications whether express or implied which â€Å"relate to a factual assertion or disclose information† (Ashby, J. , 2006 citing Doe v. U. S. , 487 U. S. 201). The statements or communications made whether verbally or in writing fall within the privilege (Ashby, J. , 2006) and is not limited by the forum where it w as elicited, i. e.before the court, administrative proceedings or before the law enforcement office [Lefkowitz v. Turley, 414 U. S. 70 (1973)]. The second requirement, ‘incriminating’ refers to statements that can be used as a basis for a finding of criminal liability under a penal law or â€Å"provides a link to the chain of evidence for prosecution under a criminal statute† [United States v. Hubbell, 530 U. S. 27 (2000)]. The third requisite is the compulsion to give a statement. The Court explained that this requisite refers to â€Å"circumstances that deny the individual a free choice to admit, to deny, or to refuse to answer† (Ashby, J., 2006). Additionally, the Court ruled in the case of Fisher v. United States that these three requisites should all concur and be present so that the privilege can be successfully invoked [425 U. S. 391(1976)]. Legal and Ethical Issues and their Impact on Social Work Practice The main legal issue in the case of Baltimo re is whether the circumstances surrounding it would fall within the ambit of the privilege against self incrimination and consequently, Bouknight may successfully invoke it and prevent her from being compelled to produce or furnish the whereabouts of her son lest be incarcerated for contempt.The Supreme Court allowed the stay of the decision of the appellate court for overturning the ruling of the juvenile court and in finding that the compulsion for Bouknight to produce her son squarely fell within the privilege and therefore ordered her release (Alderman and Kennedy, 1992). The appellate court found that the act of production is testimonial and therefore its compulsion, is a violation of the privilege. Furthermore, the interest of the government in the safety of the son cannot outweigh the observance and respect for the privilege against self incrimination as provided in the Bill of Rights (Alderman and Kennedy, 1992).In other words, the three requisites concurred, i. e. the act of production or of furnishing information as to the whereabouts of her son are incriminating and testimonial in character; and, there was also compulsion because if she failed to disclose information sought she would be incarcerated for contempt as what had happened. The Supreme Court through Chief Justice Rehnquist predicated his discussion on three major points, namely: a) The Court of Appeals passed upon a controversy concerning the federal Constitution which logically can be properly resolved by the U. S.Supreme Court (California v. Riegler, 449 U. S. 1319); b) The act of production does not fall within the ambit of the privilege citing the cases of U. S. v. Doe, Fisher v. U. S. and Schmerber v. California. In these cases, the court ruled that the act of production of the documents is not ‘testimonial’ and therefore does not infringe upon the privilege considering that their existence and location are already known to the Government. In fact, responding to a subpoe na have been considered legal and acceptable even if compulsion is present [Fisher v. United States, 425 U.S. 391 (1976)]. Moreover, when an accused is required to furnish his handwriting sample, this had been held not to violate the privilege because it is not ‘testimonial’ but merely evidentiary United States v. Flanagan, 34 F. 3d 949 [10th Cir. 1994]). The third point c) is by using the balancing of interests test or balancing the public need vis-a-vis ensuring the individual’s constitutional civil liberties, public need prevailed considering that the disclosure of information was non-criminal and not directed at a particular group as was held in the case of California v.Byers, 402 U. S. 424 (1971) where the validity of a law requiring disclosure of the name and address at the scene of a vehicular accident. Similarly in the case of New York v. Quarles where the Fifth Amendment rights have to give way to a public safety exception and therefore in the case of Bo uknight, â€Å"the public safety exception to the Fifth Amendment was justified because its interest was in protecting children like Maurice, not in prosecuting† (Alderman and Kennedy, 1992).In sum, the privilege against self-incrimination is not an absolute right. Albeit the civil liberties accorded under the Bill of Rights safeguards undue government intervention and restraint to its power, there are instances when these rights would have to give way to compelling interests of the society that would warrant Government intervention and intrusion such in the case of protecting and ensuring the safety of infants or children from physical abuse.Once it has been established that a child is abused, it becomes the duty of the State to take over and protect. The judicial pronouncement in the case of Bouknight has a pervading and far reaching implication on social work practice. This gives the social workers a great burden and responsibility to follow up sharply abused children in f oster care or those released under an order of protective supervision. Admittedly, there is an apparent lack of strict protocols in the present system of child welfare agencies (Parks, 2005).A set of guidelines must be crafted to govern exigencies of missing children from foster care like supervised visits and court orders in cases of abduction like what have occurred in Maryland with â€Å"Ariel† who had been abducted by his mother Teresa B (Parks, 2005). Guidelines should also be drawn to address the coordinated efforts both with the law enforcement and child welfare personnel. Tarasoff v. Regents of University of California, 17 Cal. 3d 425 A graduate student from India, Prosenjit Poddar went to the University of California Berkeley to study naval architecture.It was there that he met Tatiana Tarasoff. A few kisses made him believe that they have a special relationship until Tarasoff bragged about her many relationships with other men. Poddar suffered depression until he so ught professional help from Dr. Moore, a psychologist of the University Health Service. He confided to the doctor that he intended to secure a gun and to kill Tarasoff. On the strength of a letter request of Dr. Moore, Poddar was taken by the campus police, however upon assurance that Poddar was reasonable he was released.Upon the return of the University Health psychiatrist from his vacation, he ordered the destruction of Dr. Moore’s letter and did not recommend any further action on Poddar’s case. When Tarasoff returned from her vacation, she was stabbed and killed by Poddar who at that time moved in with her brother already. The parents of Tarasoff sued the Regents of the University, its health personnel namely, Gold, Moore, Powelson, Yandell and the campus police namely, Atkinson, Beall, Brownrigg, Hallernan, and Teel for â€Å"failing to warn their daughter of an impending danger† (Tarasoff v.Regents of University of California, 17 Cal. 3d 425). At the lowe r court, the complaint was dismissed because there was no cause of action. According to the lower court, the defendants only had the duty to the patient and not to a third party. The dismissal was appealed to the Appeals Court but which only sustained the dismissal. Thus, it was elevated to the Supreme Court of California. The appealed decision in so far as the university police officers, Atkinson, Beall, Brownrigg, Hallernan, and Teel finding them not liable to the plaintiffs was affirmed.However, in so far as the therapists and the Regents of the university, the appealed decision was overturned for reception of evidence in accordance with the pronouncements of the Supreme Court (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). In fine, the complainants averred four (4) causes of action, namely: a) â€Å"Failure to detain a dangerous patient; b) failure to warn on a dangerous patient; c) abandonment of a dangerous patient; and, d) breach of primary duty to patient and the public† (Tarasoff v.Regents of University of California, 17 Cal. 3d 425). Anent the first and fourth causes of action, the Supreme Court ruled that the defendants cannot be held liable because of a specific provision of the Government Code or Section 856 thereof which grants immunity to public employees from any resultant damage or injury from deciding whether or not to confine a person with mental ailment. This provision is also applicable to the therapists because the law also refers to those who are capable of recommending confinement.As regards the third cause of action, the government immunity includes the â€Å"award of exemplary damages resulting from a wrongful death† and therefore, defendants cannot be held liable (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). Anent the second cause of action, the Supreme Court found defendants therapists and Regents of the University to have failed to comply with their duty to warn Tarasoff of the peril to her life.Albeit, the therapists had no direct relations with Tarasoff, they could have reasonably foreseen the danger and threat to her life as confided by their patient, Poddar. This is the point where the law establishes the duty of care on their part to warn Tarasoff. Their failure to warn her may reasonably concluded as a proximate cause of her death. The duty of confidentiality between patient and psychotherapist and the right to privacy of the patient cannot prevail over public interest or public safety. Moreover, there are clear provisions of laws, i.e. Section 1024 of the Evidence Code and Section 9 of the Principles of Medical Ethics of the American Medical Association which allows the physician to divulge matters confided to him in confidence when it is necessary for public welfare (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). Confidentiality The effective therapeutic relationship between physician/psychiatrist and patient rests largely on tru st that matters confided by the patient during the treatment are kept in strictest confidence by the physician/psychiatrist.It is the ethical duty of the physician to observe privacy and confidentiality of his patients (Corbin, 2007). While it is also of public interest to ensure that treatment of those who are mentally ill by maintaining an atmosphere whereby they can have an open dialogue with their therapist and of safeguarding its confidential character; the same public interest calls for an imperative recognition of instances whereby disclosure of the confidential communications be revealed and be made to safeguard public safety and avert the threatened peril.In the instances, where the public safety is at risk, the therapist must disclose confidential information discreetly with due regard to protecting the privacy of his patient (Tarasoff v. Regents of University of California, 17 Cal. 3d 425). The parameters of confidentiality are defined by law and by the ethical code of co nduct for practitioners in the territorial jurisdiction. In the case of Tarasoff, the Evidence Code and the Principles of Medical Ethics of the American Medical Association provided specific and limited exceptions under which the confidentiality privilege can be breached, i.e. â€Å"if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger; unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community† (Tarasoff v. Regents of University of California, 17 Cal. 3d 425).It would be wise for the practitioners to familiarize themselves of the limits of confidentiality as provided under the laws considering that it may differ from state to state. The Tarasoff case provided a basis to guide a practi tioner in his professional dealings relative to the duty to warn others in cases of a specific threat of harm by his patient against others/another. Subsequent cases followed the consistent pattern of the jurisprudence laid down by the Supreme Court. In the case of David v.Lhim (1983), the plaintiff-administrator of the estate sued the psychiatrist who treated the son who killed his mother after he was released from the hospital. There was failure on the part of the psychiatrist who treated the son to warn the mother of the potential danger after her son confided his intentions of killing her (Corbin, 2007). In another case, Chrite v. U. S. (2003), the Veterans Administration was held liable for having failed to warn the intended victim of a patient of a threatened harm.Subsequent rulings of the court clarified and defined what constituted ‘threat’ as â€Å"imminent threat of serious danger to a readily identifiable victim† and â€Å"specific† (Corbin, 200 7). When there are no specific provisions of the law, Dickson (1998) proposes that the therapist/practitioner may be protected against lawsuits if he would consult and keenly document the case of the patient or comply with the â€Å"mandated reporting guidelines† required by some states.Reamer (2003) on the other hand, suggests that the therapist must have evidence that the patient is a threat to the safety of another; evidence of that the threat can be foreseen; threat is imminent and that the potential victim is identifiable. Legal and Ethical Implications and their Impact on Social Work Practice The duty of reasonable care to assist others in danger is a legal duty as well as a moral duty. However, American negligence law only recognizes it as a moral duty except when there exists a relationship between parties.In the case of Tarasoff, no special relationship existed between the therapist and Tarasoff; however the court has made an exception to this general rule (Bickel, 2 001). It declared that the therapist has the duty to care and to warn Tarasoff of the imminent harm on her life. This also includes the duty to control the conduct of his patient, Poddar. In the same breath, a doctor has the duty to warn his patient if he has a contagious disease (Saltzman and Furman, 1999).There is an affirmative duty for the therapist to advise and warn Tarasoff of the threat to her life although this meant breach of confidentiality with his patient Poddar. This finds basis both legally and ethically considering that the law and the code of ethics for doctors have recognized and provided specifically that doctors are bound to disclose relevant facts to others even if this violates confidentiality with their patients provided they are required by law or if it is required for public safety (Saltzman and Furman, 1999).This legal duty to warn applies when the threat is specific and imminent and where the victim is â€Å"readily identifiable† (Bickel, 2001). The courts also have recognized the difficulty in assessing and predicting circumstances that may lead to harm or violence and consequently, adhered to the ‘professional judgment rule’ whereby the therapist is not held liable for errors of judgments. Liability attaches only upon showing that the conduct of the therapist was not in accordance with the â€Å"accepted professional standards† (Bickel, 2001).There is an ambivalence that was created by the Tarasoff protective disclosure ruling with the practitioners (Kachigian and Felthous, 2004). Analogous cases and protective disclosure statutes in the different states were analyzed and it was discovered that there are no clear defined parameters of these duties. The therapist is required to a certain way betray his patient by disclosing matters which are protected by confidentiality.Considering the uncertainty brought about by the legal doctrine and court decisions, the undesirable consequence of which was deterrence f or therapists to accept â€Å"treatment potentially violent patients† (Merton, 1982). Moreover, therapists are more inclined to have their patients committed in an institution so that threats to the safety of potential victims can be averted. The Tarasoff protective disclosure was even extended recently to include even â€Å"communications made from a patient’s family member† as pronounced by the Court in the case of Ewing v. Goldstein (May and Ohlschlager, 2008).The dubious jurisprudential precedents by the courts in interpreting the protective disclosure statutes or its resort to common law instead of interpreting the statute left a vacuum in the definition of the duty to protect (Kachigian and Felthous, 2004). As a result, â€Å"clinicians must continue to rely on their clinical and ethical judgment, rather than statutory guidance, when considering potential protective disclosures or future drafts of protective disclosure statutes† (Kachigian and Felth ous, 2004). References Alderman, E. and Kennedy, C. (1992). In our defense: the bill of rights in action.First Avon Books edition. Ashby, J. (February 2006). Note declining to state a name in consideration of the fifth amendment’s self-incrimination clause and law enforcement databases after Hiibel. Michigan Law Review, No. 4, Vol. 104:779. Baltimore City Department of Social Services v Bouknight, 488 U. S. 1301 (1988). Bickel, R. Revisiting Tarasoff v. Regents of University of California: the scope of the psychotherapist’s duty to control dangerous students. Presented before the 22nd Annual Law and higher Education conference in Clearwater, Florida on 18-20 February 2001.California v. Byers, 402 U. S. 424, 448–58 (1971). Corbin, J. (Fall 2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, Vol. 14, No. 4. Dickson, D. T. (1998). Confidentiality and privacy in social work. New York: T he Free Press Doe v. U. S. , 487 U. S. 201, 209 (1988). Fisher v. United States, 425 U. S. 391 (1976). Kachigian, C. and Felthous, A. (September 2004). Court responses to Tarasoff statutes. Journal of American Academy of Psychiatry and Law Online, Vol. 23:263-273.Levy, L. (1968). Origins of the fifth amendment: The right against self-incrimination. May, S. and Ohlschlager, J. (2008). California alert! Tarasoff ruling expanded for clients who ‘go off. ’ ECounseling. American Association of Christian Counselors. Merton, V. (1982). Confidentiality and the dangerous patient: Implications of Tarasoff for Psychiatrists and lawyers. Emory Law Journal, Vol. 31:265. New York v. Quarles, 476 U. S. 649 (1984). Parks, A. (2008). Unless the Court of Appeals decision is reversed, MD children may not be. Daily Record The Baltimore.Reamer, F. (2003). Social work malpractice and liability. New York: Columbia University Press, 2nd ed. Saltzman, A. and Furman, D. (1999). Law in social wor k practice. Brooks Cole, 2nd edition. Schmerber v. California, 384 U. S. 757 (1966). Schwartz, B (December 1971). The bill of rights: A documentary history. Chelsea House Publishers with McGraw-Hill Education. Tarasoff v. Regents of University of California, 17 Cal. 3d 425. Ullmann v. United States, 350 U. S. 422 (1956). U. S. v. Doe, 465 U. S. 605. United States v. Hubbell, 530 U. S. 27 (2000).

To Learn English as an English Teacher

Omar Alfaro Reyes ADVANTAGES AND DISADVANTAGES TO LEARN ENGLISH AS A SECOND LANGUAGE Why learning English as a second language? Nowadays learning another language is important because it is the most common language in the world, almost 60% people in the world use English regularly. Sometimes people think that learning English is difficult because most of the students can have different difficulties and problems in learning another language for example they make mistakes in their pronunciations, grammar, spelling and vocabulary usage.However it is worth for the wealth of information and the opportunity to open up for a person, for instance, the use of information and communication by internet or traveling abroad the world, they are two advantages for learning English. Also most of the students think to learn English is difficult because they speak English as speak Spanish or because students have lack vocabulary and they are two disadvantages to learn English as a second language. The ability to speak English fluently opens up a world of information and communication for a person.Information and communication by internet is a good idea for people or students that can surf in the web sites for looking examples or exercises about grammar for studying more in English. This is the best way for people can study another language, for instance the use of internet will allow them to chat with people from all over the world in chat-room. The second advantage is traveling abroad the world. English is often spoken in other country as a universal language for example Trinidad y Tobago, Puerto Rico and other ones. Knowing English is a great advantage to learn English because they can improve their knowledge in a real way.A much more serious problem for learners of English is the extent of the vocabulary. People think they can speak English as speak Spanish, this is the reason for a lot of misunderstandings happen when two non-English people talk with each other in English. S ometimes is confused because the people do not practice a lot and they are think that is really difficult. Second problem is that people have lack vocabulary, also for people are really difficult to learn English because they want to communicate but all the time is stressful for do not have a lot of vocabulary. 0% of people in Mexico think that English is really difficult to learn for instances because they do not have feeling for learning English and this are big disadvantages to learn English. In conclusion, the most important thing to do in this situation is to maximize your opportunities: to speak English, and not only speak English also try to practice a lot and try to understand in class and use English whenever possible outside the class. If you follow these rules, you will not have problems to learn a second language.

Gender discrimination Essay Example | Topics and Well Written Essays - 1250 words - 1

Gender discrimination - Essay Example Traditionally, men had better opportunities in life; but this has changed with modern girls and women having better opportunities albeit with many challenges than women in the past (Girls Inc 1). Feminist advocates have fought against social traditions and cultures that devalue and treat women as lesser human beings, and they have achieved valuable gains all over the world (Chesler 3). Their fight has highlighted some of the challenges and disadvantages women continually face. This has made it possible for the legislation of laws against gender discrimination. In the modern world, prestigious and powerful positions are obtained through quality education and this has traditionally been used to deny women these positions. In the past, education for boys and girls was different with women being predominantly trained on child rearing and housekeeping despite being intelligently at par with men (Deberg 1). This practice still exists in some parts of the world where the girl child is denied education based on worthless religious, social, or cultural norms. Without an education, women are restricted to low paying unskilled positions; and when married become inferior to the male who provide everything. This lack of independence is discriminatory and purely meant to make women submissive to the men. The modern woman, however, is sexually discriminated in employment promotions, benefits and leaves of absence because of her gender with the majority of the populace in the society having entrenched mentalities that women are the weaker sex supposed to be under the dominion of their male counterparts. The society has developed cultures based on the biological differences between men and women with each gender having specific roles, responsibilities, and expectations to be fulfilled (Haeberle 1). These cultural roles are discriminatory to women who are only

Autobiographical Narrative Essay Example | Topics and Well Written Essays - 750 words - 1

Autobiographical Narrative - Essay Example ces, although I did not want to be a high school teacher, listening to my mum and her students arguing about various issues in literature sparked my curiosity. I enjoyed hearing them criticize each other and I wished someday I could have the courage and knowledge to debate issues as competently as my mum could. As I grew up, I became an active debater from grade school through to high school, I studied widely more so in literature and politics, which were my favorite subjects. In high school, I ran for the position of class representative and I won. As a class representative, I had the chance to discuss issues that affected students with teachers and with fellow students. I discovered a completely new world of intrigues and vested interest albeit limited to a high school level. Afterwards when I joined college, I continued with my interest in student politics, however it is possible that the gusto with which I immersed myself may have negatively impacted on my performance as since after the first year, my mother insisted that until I stopped scoring anything below B minus, I would have to give politics a wide berth. Frankly, I thought she was being paranoid and overprotective but after giving the matter considerable thought, I decided to conform, not so much because I agreed with her opinion but out of respect and the fact that she had brought me up to respect my elders. It was during my hiatus from active politics that I discovered my other talent which came to dominate my next three years and which took the place of my interest in politics. One of the subjects in that I was failing was contemporary literature and my professor suggested that I might want to try writing something for myself and see how it compares to the work of some of the writers I was s tudying. I started reporting about the student politics and in one particularly sensational case, I investigated; I discovered two candidates for campus leadership had been involved in smear campaigns against

Considering Definitions of Community Essay Example | Topics and Well Written Essays - 750 words

Considering Definitions of Community - Essay Example In my experience, the need to be identified as part of a community because of where you are is at best aimed at preservation of the status quo, and at worst a means for people to tie you into controlling relationships, in which they can be sure that they remain in charge. The sharing of a common cultural or ethnic identity may not necessarily mean that people gravitate to the same places anymore, but the combination of these common characteristics and a closed, inescapable location, even if it is just in the mind, can be deadly. Little villages across the world force their inhabitants to think, to look like, to feel, even to believe the same as everyone else in the village. Cities are often identifiable by the apparently common behaviors of their inhabitants – New Yorkers are businesslike, driven, and high achievers, for example. And we go even further – the Italians are romantic and stylish, or the Canadians are parochial and eco-conscious. On the face of it, this idea of being in the same place seems to lend us a sense of security, and a way to identify with others. Just, for a moment, however, consider the full implications of thinking this way. â€Å"In this neighborhood, we take care of each other† – just another way to indicate that we are all similar here, hold the same values, and are very likely to persecute and eventually get rid of you if you are not exactly like we are. â€Å"Our community is a caring one and we will always reach out to others, to make their lives easier and better† – so, we are better than others morally, our lives are superior to those of others, and we will emphasize the fact that we have more materially than anyone around us. Someone cynical would argue that living in the same place exposes you to the danger of becoming the same as everyone else in that place: and that means taking on the good and the bad, the prejudices and the preconceptions; the loves and the hates. Perhaps this is wh at happened when Nazism engulfed Germany, or genocide destroyed Rwanda. So, I think that we are losing the idea that a common location is needed to define community, and not a moment too soon. Not that we have rid ourselves of the dangers of strictly identifying ourselves as part of a community, however. The community of right-wing white supremacists is now connected across the world, through the Internet. But so is the community of â€Å"green activists† focusing on the planet’s continued healthy existence. â€Å"Place† has been replaced by common ethics, points of view and, of course, prejudices, in forming a sense of community, thanks to globalization and the spread of communications technology. Communities now identify themselves in the same ways as they have throughout history. Individuals who share religious points of view define themselves by that religion no matter where they are in the world. A community of women, opposed to oppression by men exists int ernationally. A community of human rights activists is able to exert pressure in every corner of the globe, with support for causes independent of location. A central European, aware of human rights abuses in Tibet can make his or her voice heard to the government of China, even if it is just by signing one Internet petition. I can form my own community – and the OED supports this definition – by starting a blog, and finding that the people who read my blog in effect from a

Interpersonal Communication Essay Example | Topics and Well Written Essays - 1000 words

Interpersonal Communication - Essay Example Significance of the Topic Tact is a significant topic. Tact is defined as saying the right words at the right time and at the right place. Tact reduces conflicts among individuals or groups. Tact incorporates the social context of each messaging process (Ackerson 5). By saying the right words, harmony and camaraderie permeates the environment. Further, tact-based interpersonal communication is a critically important aspect of every situation. People communicate with one another during certain times of the day. Some communicate with fellow workplace employees. Teachers communicate with their students. Siblings communicate with one other. Local government officials communicate with their constituents. Furthermore, tact-based internal communication is essential during unfavorable situations. Jennifer Lopez, American Idol judge, often used tact. In one social occasion, Lopez tactfully informed one of her favorite contestants that she was eliminated from the American singing contest. Jenn ifer Lopez used tact-based empathic words to diffuse the hurt felt by the losing contestant of the television broadcast. The broadcast is the popular American Idol show. Jennifer Lopez showed compassion for the losing contestant. Lopez was crying when she tactfully delivered the heart-breaking news to Jennifer’s favorite contestant. Tact-based interpersonal communication is a complex challenging activity (Solomon 4). ... Interpersonal communication involves the personal qualities of the communicating individuals or groups (Solomon 5). Factors that Make the Topic Unique The tact interpersonal communication topic is unique. Tact is only one of the factors that contribute to improved interpersonal communication. Tact involves taking into consideration how the listeners, readers, audiences and other receivers of the communication will feel when they receive the message. For example, the store’s sales representative offers to treat the customers a free lunch to prevent the customers from being angry at the delayed delivery of their ordered products. After the free lunch, the sales person slowly and tactfully explains that there will be a slight delay in the delivery of the customers’ ordered products. By paying for the customers’ lunch, the customer’s disgust is reduced or even eliminated. Cicero, the famous philosopher, affirms tact is necessary part of rhetoric. Rhetoric is p reparation and conducting of speech (Hunter 16). Tact is unique to the communication process (Hunter 16). When job superiors issue work orders or policies, the superiors must take into consideration the culture of the diverse employees. The Mexican employee brings one’s Mexican culture into the workplace. Learning some Spanish words will create tact-based interpersonal communication between the Caucasian supervisor and the newly hired Mexican immigrant worker, making the Mexican employee like the supervisor. Similarly, the Caucasian manager must take into consideration the Chinese employee’s religious culture when engaging in workplace interpersonal communication. Most Chinese are faithful to their Chinese religion. For example, the workplace manager should not force the

The Human Experience Essay Example | Topics and Well Written Essays - 500 words

The Human Experience - Essay Example ed my life around upon the realization that in life, anyone can be made vulnerable to a disease and be confined to the misery of excruciating thoughts and feelings of insecurity besides physical pain. Having surpassed cancer and being occasionally ill to this point has been such a humbling experience that it teaches me the way to joyful living despite the fact that humans possess only fleeting moments of existence on earth. With this physiological conflict, I learn to view things in a different light and gain a more positive insight behind the principle of ‘carpe diem’ or seizing each passing day as if it were the last, for the essence of living occurs to be living in full measure and this is the reason I feel alive with enthusiasm as I venture to proceed with my studies in a manner of learning via creative rather than conventional approach. Equivalently, my tough encounters with sickness and slow recovery at some point has all the more inspired me to spend ample time with my family, close friends, church service, and the civil air patrol whenever I can. Looking into the painting with analytical intent, one would observe that Alexander the Great quite reflects a figure of radiance instead of gloom, signifying that his monumental courage does not merely apply to fierce situations of combat among men fighting over territories and conquests to be won. The sight of Alexander in the marvelous craft of Siemiradzki is one that enables me to imagine bravery from within or that which depends not on the type of battle and what I have become out of illness I suppose resembles much of the heroic scenario in which Alexander appears far from ceasing to be great that he even manages to extend his confidence to the attending doctor at the time notwithstanding the dreadful case of his infectious disease. His aura in the masterpiece, to me, is symbolic of determination or fervent willfulness to live and conquer with which I could figure a relevant connection of personally

Q and Answers Essay Example | Topics and Well Written Essays - 1250 words

Q and Answers - Essay Example Answer: There is a release of stress hormones within the body when a person in under stress. These include cortisol and catecholamines. These hormones are mobilizers of glucose. Under stress the glucose is released and this leads to insulin release. The insulin causes the glucose to move inside cells because of the increased levels of hormone. This can lead to hypoglycemia. This is the reason why it is a good idea to have a meal before going to the dentist so that the blood glucose level can be maintained. Answer: During trauma there is damage to the cells of the body. The energy requirement of the body increases. This increase is due to many reasons. The cell turnover rate increases hence there is increased requirement for proteins for making new cells as well as the energy requirement increases because of the additional energy required. This leads to a depletion of the body energy stores. Glycogen stored in the liver is utilized first. Gluconeogenesis also ensues to overcome the energy requirement. Hence the lipids and proteins of the body are also utilized. This accounts for the weight loss seen in trauma. Answer: Diet is very important in people who are recovering from illness. This is because during illness there is breakdown of cells in the body. When a person is recovering there is greater cell differentiation of cells and utilization of not only proteins, carbohydrates, lipids but also vitamins and minerals which are required by the body. If the diet of these patients is not monitored they can suffer from deficiency conditions of these essential nutrients. This can also compromise the immunity of the patient hence making him susceptible to infections. Therefore the diet of convalescent patients is important. Answer: Exercise is important in weight loss programs because during exercise the body utilizes initially the carbohydrate stores of the body for energy and then it also starts using the

Protein Energy Malnutrition Essay Example for Free

Protein Energy Malnutrition Essay The articles subject concerns the protein deficiency among infants in the Osun state of Nigeria. Nursing frequency and duration experienced a reduction during complementary food were introduced to infants in Osun. Mothers tend to be complacent in feeding their babies with complementary food, which result to the minimized breast-feeding of mothers that hinders the natural nutrition that these infants need.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In a study conducted among Osun infants, they discovered that it was not a advisable for children at this age to be fed by such synthetic food. Consumption of such tends to halt the natural nourishment the babies need from their mothers. As early as two years old, babies were exposed already to complementary food, which is against the requirement of the World Health Organization (Ogunba, 2004). According to WHO, the amount of protein and calories (energy) that were consumed by infants were not above standard levels because these foods contain excess amount of carbohydrates alone (Ogunba, 2004). Obviously, the nutritional requirement of an infant is not met due to the outcome of early supplementation of these synthetic food. Infants natural diet should require constant breast-feeding in which they are enable to consume protein from milk. Unfortunately, this apt nutritional nourishment is ignored by the mothers in Osun (Ogunba, 2004).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In a study conducted among Osun infants, protein energy malnutrition was discovered that it was in constant depletion. The lack of protein among the infants resulted to â€Å"stunting†. Stunting   has a significant presence in the rural areas, which is an indication of chronic under-nutrition in these areas (Ogunba, 2004). It was discovered that stunting was among the culprits of infant growth faltering, as a result from the consumption of complementary food, children from one to six months of age were experiencing a decrease in growth and health progress (Ogunba, 2004). Stunting is the most prevalent of the different manifestations of PEM (33.9 per cent), followed by underweight (21.0 per cent) and wasting (9.2 per cent) (Ogunba, 2004). Children need protein more than adults do because they are constantly growing and developing. The protein requirement of infants is per unit of body weight higher than those of adults. Reference Ogunba,B. (2004). Protein energy malnutrition in complemented breast-fed babies: implications of   Ã‚  Ã‚  Ã‚  Ã‚   the timing of complementary feeding. Nutrition Food Science. Retrieved February 10,   Ã‚  Ã‚   2008, from   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://swtuopproxy.museglobal.com/MuseSessionID=af57a678251afeca8c38cca61826cae/   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   MuseHost=www.emeraldinsight.com/MusePath/Insight/ViewContentServlet?  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Filename=Published/EmeraldFullTextArticle/Articles/0170340504.html

Interview Selection Methods

Interview Selection Methods Introduction Selection is the process of discovering the prerequisite and specifications of the job candidate in additional establish likely suitably for the work position. Selection have seven process to choose best person and qualified them for the job, actually selection needs a methodical come up to the problem of finding the good matched person for the work position. First selection method is interview, In hiring process last steps and the most important process is interview. It offers an idea about the company and actually interview is way to exchange information and approach to tentative conclusions about hiring one another. In interview can describe your experience and your skills and get some information an idea about what is happening with the company. important thing is an employer get some additional information about you that is not provided in your resume or in your cover letter, they looking for what motivates you and how u communicate with others if you are a manager or follower. Interviewee start evaluate the employer after while interviewer evaluates interviewee. interviewee must preparing before interview. This is best way to combat the interview nerves. Interviewee must know who you are meeting with and which format interview will be follow . Interviewers have many choice to choose from dissimilar style and methods of interviewing and they try to find out many information about a candidate , actually they want to find out the reaction of them in to the different situation . if candidate have extra information about company that could be have an effect on the result of the interview . we have many type of interview but important type of interview is Telephone interview Personal interview Behavioral interview Group or panel interview Video conference interview Normally company choose the telephone interview or personal interview and some time using behavioral interview. OneStop Bank Bhd use interview for select person for job position but selection method have different type of that can be useful for the onestop bank company , the important type of selection is Interview Psychometric testing Ability and aptitude tests Personality References In this case another than interview , Psychometric testing and Personality is useful for the onestop bank . also they can use this two kind of selection to qualified them for the work position. 1. Advantages And Disadvantages Of Interviews Interview have many different type but normally must of the company using three kind of interviewing. First one is telephone interview , employer call to eliminate applicants based on necessary criteria , they call u without an appointment . Second is behavioral interview , they will ask question , interviewee must describe how he/she has handled work related situations , this show to them your behavior , skills and personality. last one is personal interview or face to face interview , they will ask you about yourself and your experience . 1.1. Telephone Interview Telephone interview is very popular interview in the world, most of company using this interview because of low cost and very fast , company use telephone for most screening interview , telephone interview will also used for geographic obstacles ,or some time the candidates lives in another country or city . The fact is telephone interview is the formal method of interviewing , if candidate`s ability to sense delicate non verbal cues that can be challenging telephone interview . the important thing is interviewee must focused to tones of interviewer`s voice , also they must have pen and notepad to write important things or question . the three important advantages for interview is , first usually be contacted faster over the telephone than other method actually if they use computer for net telephone interview ,they can check the result twenty minutes after completing the interview. The second one is time and cost effective ,telephone interview most last about 15 to 20 min and also th e interviewer can test your communication skills and telephone technique. last one is interviewee don't need to dress up femoral or smarten up and also no need to spend time and money to go for interview.(Ben 2008) Telephone interview also have disadvantage , the first is interviewee can't see the reaction of interviewer actually they can't see interviewer to gauge their response . second one is , telephone interview is fast and they ask question very fast and interviewee don't have time to probably think about a question , and most of people are nervure of using telephone for interview , actually they are terrified when they using telephone for interview. (Jury and Kevin 2007) 1.2 Personal interview (face to face ) the most common interview method is personal interview, when interviewer in private office ask question face to face with the interviewee this called personal interview . personal interview is your opportunity to shine and you must show to employer why they must hair you . In this interview your dress up is important and also u must show your communication skills and your appearance is very important in personal interview . personal interview have three important advantage for interviewee and also for interviewer , first advantage is they can see your ability actually interviewer can feel your ability in different situation .(Mark Atrikson 2002) the second one is interview will be longer than phone interview because they can explain skills and ability with action and some people willing to talk longer in personal interview and last one is they can have ability to find the target population and also very expedient for the respondent. (Mark Atrikson 2002) Personal interview also have disadvantage ,first is usually cost more than other methods for them and actually also take time more than phone interview . second one is sometime stage fright for both of them i mean interviewer and also interviewee , because of that sometime change the subject to another subject is very hard for interviewer.(Cono .v,2006 december13) 1.3 Behavioral interview Behavioral interview focus on performance and experiences, actually a person`s specific past performances is very important in this interview. Interviewer ask for past behaviors and actins to draw conclusions about how they would perform in a similar situation in their organization, this kind of interview is very better than traditional interviewing format that just ask candidates concerning hypothetical. this type of interview stat with action or task/situation that will be useful for answering question . in this interview four point is very important they what to rate your experience so they looking for someone who`s creative , optimistic and leader and also a team player . In this interview u must remember your resume and must share your successful work experience with them .advantage of this interview is your accomplishment and past experiences is effect to the result and also in behavioral interview interviewers are trained to use what they can understand about candidates. behav ioral interview the candidate will do the work with more accurate.(Adam 2010) In behavioral interview sometime candidates lie to employer about behavioral and some past experience , they lie just because they know behavioral and past experience will effect to the result.(Adam 2010) 2. Other Selection Methods 2.1. Psychometric Testing Tests are a standard and scientific method used to gauge individuals mental capabilities and behavioral style, psychometric tests made for gauge candidates appropriateness for a role based on the require personality characteristic and ability actually psychometric use to measure of your knowledge , abilities , attitude or personality traits and they used psychometric test in commercial , academic and educational setting for centuries and their famous has go on to increase . In a worker selection setting, psychometric tests give the eventual insight into a applicants potential, providing a significant and highly valid prediction of that applicants skills, knowledge, and also ability and other characteristics of high-quality job performance. the majority psychometric tests are conducted online and sometime tests allow you to keep your answers and come back to complete the test at later stage. psychometric tests are extremely effective analyst of work performance in all position and pro cess and applicants come from all work levels, they are form entry level to chief executives . psychometric tests is one way to gather the information (ability , performance , skills .) from candidates, information and article looking at result of psychometric test and also what they gauge , and how employee can help you in both recruiting staff and developing you career. 2.2 Personality Profiling personality test is way to selection of measure the personality characteristic of candidates that are related to future work performance and an individual`s can affect their appropriateness for some position . personality tests usually measure of five dimension, first is emotional stability and also extraversion , agreeableness , openness to experience and conscientiousness. personality test don't have answer same like right or wrong and person may sifted through identifying particular behaviors that are better suited the work than other person . the important thing is the selection process clear on the characteristic requisite to do well in the work . the advantage is can reveal more information about candidate`s skills, performance and also ability , other point is they can identify interpersonal characteristic that may be needed for certain works. But applicant`s experience may have greater impact on work skills no in to the personality and also have cost for test and interpr etation of results . 2.3 Ability And Aptitude Tests Ability and aptitude test method is for testing your abilities, actually ability and aptitude test may cover a eight areas such as general intelligence , verbal ability , numerical ability , spatial ability , clerical ability , diagrammatical ability , mechanical ability , sensory and motor abilities . this test rating your ability and show your skills and performance is suitable for which position , normally this test may come with action or task . the good point of this test is u can show your specific ability and skills directly to employer . But this kind of test take cost time and money . the important thing in ability test is the applicants must mange time and also control a stress, because must of people a stress pressure them when they do the test . 3. Analysis 3.1.Analysis Of Interview As you know we have many kind of interview but 3 popular interview is telephone interview , personal interview ( face to face), and behavioral interview . telephone interview is popular interview other than personal interview and behavioral interview , now a day's most company in USA and UK and also Canada using the telephone interview because of low cost and time other than telephone interview and behavioral interview (most of big country use telephone interview because maybe applicants stay in different state and traveling cost will be high ) telephone interview compare to personal interview just have two good point cost time and money but personal interview can show the communication skill of interviewer clear than telephone interview because is face to face and actually sometime is better for interviewee to see who ask question and he/she can check reaction of interviewer when he/she answer the question or describe his/her ability and skills . But telephone interviewing have another unique advantage compare to face to face interview as well the possibility of computer driven questionnaire presentation and also don't have obvious disadvantages but comparing to behavioral interview . Behavioral interview is very useful than telephone interview and personal interview if they need the someone have past experience and performance, because of that company use this method when they need specialist. behavioral interview comparing to personal interview , take more time and cost . In the behavioral interview ask for specific same like past behavior or action because is related to your past performance and interviewer will rating your performance . normally company using personal interview if cost and time is very important for them they will use telephone interview and also if they want applicants with experience and past performance they will use behavioral interview . 3.2. Analysis of selection method In this case we have three selection method to analysis , for the first point ability and aptitude test focus in general intelligence and special ability but in personal profiling they force on your experience and your skills and ability test cover a ranges of area more than personality test , but in the personal test the more fuses on personal profile and your resume , your past experience . they use personal test for find special person for suitable of some post . different between personality test and ability test is they used personality test they want to find good person for right position and is related to your characteristic not in your ability , actually ability is important but they aren't focus on ability but in other hand psychometric test is mental measure test and actually psychometric test covers ability test and personal testing and psychometric test is more complete than the others , it cover ability and characteristic but some people believes psychometric test i s not very good because tests are statistically examined . But psychometric test is useful in a commercial , academic and educational. 4. Recommendations My idea as Human Resource Manager of Onestop bank Bhd is they must use personal interview (face to face ) because is more useful to find person with good skills for each job position , the reason is personal interview show us ability and commendation skills of applicants and also it will be useful for know about Appearance of them , actually we can see reaction of them when employer ask question and also responds action . this good because we can give them more time and they can explain about performance and skills of they can provide to us . In the selection method we can use ability test or personal test but I think personal test is better for onestop bank because bank need some employee with good skills , they can chose right person for each position because personal test focusing on characteristic and the bank can hair them for exactly suitable position. the personality test is fast and not higher cost .because of this things I think personality test is very good method onestop bank. 5. Conclusions

The Oresund Fixed Link Project Construction Essay

The Oresund Fixed Link Project Construction Essay The Oresund Fixed Link was a project initiated in 1991 by the Swedish and Danish governments and completed and opened in July 2000. The bridge, island and tunnel combination connects the two metropolitan areas of the Oresund region, Copenhagen, Denmark and Malmo, Sweden. The Link consists of the Oresund Bridge, a two-level (one for traffic, one for rail) pylon-supported structure, the Oresund Tunnel, a 4km-long tunnel, and the Peberholm Artificial Island which would transfer the traffic from the submerged tunnel to the bridge. It was undertaken in a cooperative effort between the Swedish and Danish governments whereby they would each form half of the owner company (Øresundsbro Konsortiet) in 1992, which in turn was responsible for financing, planning, designing, building and eventually operating the link (Oresundsbro Konsortiet, 2009). We will attempt to demonstrate that the Oresund Fixed Link is one of the more successful mega-projects. à ¢Ã¢â€š ¬Ã‚ ¦ has argued that mega-projects such as the analogous Channel Tunnel, Sydney Opera house or Millennium Dome are subject to cost and time overruns and quality shortfalls. The factors behind those deficiencies include a politicization of the tendering and project proposal process, the legacy complex which can besiege governmental spending and the inefficient management of projects on a public level. The experience of the Oresund Fixed Link, whilst not without short-comings, is recognized as being a project that in terms of the QCD paradigm was satisfactorily managed and far removed from the problematic projects of its time. To this end, in May 2003, the Oresund Bridge won the International Association for Bridge and Structural Engineering (IABSE) Outstanding Structure Award, recognizing not only its design and construction but more importantly in our context, its adhere nce to the proposed deliverables. Project Phases: Concept Identifying the need and opportunity: The need for a link between Denmark and Sweden which crossed the Oresund sound was not a novel one in 1991. In fact, the region had been the subject of territorial disputes between the nations dating back to the 1600s and had fallen under ownership of both nations at various times (Oresundsbro Konsortiet, 2009). Lack of political will and unstable economic conditions had prevented the Link from being properly canvassed before the late 1980s. There were a range of economic, infrastructural and political factors which created a need for a bridge between the two nations in the early 1990s. Firstly, although Sweden was not member of the European Union (then EEC) at that time, its attention had been directed to accession during the European recession of the late 1980s (Oresundsbro Konsortiet, 2009). Denmark had already acceded to the EEC in 1986. The increased focus on European integration meant that links, allowing the movement of goods and labour in particular would be required. Furthermore, Denmark as part of continental Europe, could act as a gateway to Sweden and Finland in the north. European integration was thus a driving factor behind the Link and the potential benefits it could have in bringing the two nations and indeed Europe and Scandinavia closer together. A more practical consideration in determining the demand for the Link was that of offering an alternative to the ferry-based transport service that was in place at the time. The ferry service, with irregular timetabling and being subject to good weather conditions, could be allowed to operate more efficiently if there were an alternative link which allowed both trade, leisure and commuter traffic(Oresundsbro Konsortiet, 2009). The need for the link between Denmark and Sweden to increase efficiency and integration provided an opportunity to create a single Oresund metropolitan area. The conglomeration of the two separate Copenhagen and Malmo markets would allow for a common housing and labour market and increased commercial and educational opportunities. As Denmark and Sweden became more involved in the European process, and Europe became more integrated and markets more competitive, it was apparent that the Oresund region could become a leading metropolis and hub if connected. The opportunity was also present for both nations as the Scandinavian banking crisis brought both nations into recessions and paved the way for stimulatory spending on infrastructure and other projects. Initial Risk Assessment: An immediate risk at the time of conception was posed by the economic conditions brought about by the Scandinavian banking crisis (IMF, 2002). Although this presented an opportunity, the economic climate at that time was far from certain and that uncertainty could have strong implications on financing interest rates and resource and supply costs from overseas in the light of exchange rate fluctuations. The division of the stake in the consortium overseeing company between Swedish and Danish governments allowed the mitigation of risk by reducing cost of borrowing (Oresundsbro Konsortiet, 2009). Another obvious risk faced by the project initiators was that being a mega-project, handing over responsibility for design and construction to just one company places strong burden on that firm. In order to mitigate this risk, the initiators separated the project into three parts the Tunnel, the Bridge and the artificial island linking the two so as to hopefully improve delay, cost and quality. Whilst this reduces the risk of default and delay on the contract, it does pose an additional risk of non-communication or worse still non-compliance between the separate components of the design. The risk that the Link would damage the environment was very much in the consciousness of the project initiators from the outset (Oresundsbro Konsortiet, 2009). This may be because Denmark and Sweden are traditionally active in the conservation sphere, place emphasis on sustainable development and have the worlds tightest controls on offshore construction. Or it could be as a result of strong lobby-group pressure which raised concerns regarding the potential environmental impacts of the Link (American University, 2005). Whichever it may be, the initiators committed, with some spurring on, to the creation of a project which was as much environmentally friendly as possible. The potential bad publicity and financial losses from environmental damage was something which the initiators wanted to avoid. Alternative Approaches: There were few alternative approaches to the Oresund Link project, given the set parameters of joining Sweden and Denmark and creating value (Oresundsbro Konsortiet, 2009). The opportunity to link Malmo and Copenhagen metropolitan areas implied long-term, quantifiable value creation. One alternative may have been the Danish city Elsinore and Swedish Helsingborg, which are closer than Copenhagen and Malmo across the Sound, however the initiators believed that more benefit would be derived by joining two large cities and offering a connection near Copenhagen Airport to benefit air travelers (Oresundsbro Konsortiet, 2009). Alternatives to the 3-part project were also few. This is because the land under the Sound was not even. As such, it would not be possible to build a bridge which spanned the whole sound nor a tunnel without incurring extra cost. Scope Management Project Definition: The project offered the following opportunities for the project initiators: Create stronger trade and investment links between Denmark and Sweden as two nations Create further integration between continental Europe and Scandinavia Provide an alternative transport mechanism crossing the Sound so as to increase the efficiency of trade and business and leisure travel Develop the Malmo-Copenhagen metropolitan area into one of the leading hubs in Europe Offer a symbolic and impressive structure to the two nations The overall objective, by which the success of the project might be gauged, was, as stipulated in the treaty, to construct a Link which was ecologically motivate, technically possible and financially reasonable to prevent any detrimental effects to the environment. The scope of the project would include: Tender for the design of the Link Construction of the Link Construction and development of the surrounding areas Time Management: Unlike other mega-projects such as sites for the Olympic Games, the time was not especially short for the Oresund link. The initiators evidently wanted to keep it as short as possible, to capitalize on the growing links in Europe and to provide the service to consumers as quickly as possible. Additionally, by minimizing time, the two states could attempt to reduce cost overrun. The initial time span was set at 10 years from the signing of the treaty in 1991 (Oresundsbro Konsortiet, 2009). Quality Management: Quality was seen as perhaps the most important parameter to be satisfied in the project, above cost and time. The consortium was charged with ensuring that the quality of the Link met all European safety and structural standards (Eurocodes) (Kjaer, 2001). In addition it was stipulated that in terms of safety, The Link should be no more dangerous than using the national roads or railroads (Kjaer, 2001). The Link also had to improve transport time across the Sound. A very important parameter set for the designers and constructors was to limit the environmental impact of the Link. Cost Management: The budget for the construction cost was set at 13.9billon DKK or 2.4billion USD in 1990 prices (Kjaer, 2001). The consortium was charged with the financing, budgeting and planning. Since the Consortium was owned by the Swedish and Danish governments the financial resources, within reason, were not as constraining a factor as the quality objective. Furthermore, the fact that project was financed outside of state budgets by the consortium meant it was not subject to restrictions on resource allocation by the respective governments. Project Phases: Development Design Selection of the Link As we mentioned in the precedent chapter, after the Swedish and Danish government set up a 50:50 joint venture Øresundsbro Konsortiet in 1992, the company then organized a design competition for the bridge in early 1993. The competition took over for 2 months; the result came out in July that year with two entirely different bridge concepts chosen by the owner for further discussion before the final decision taken: -Group ASOs two-level, mainly steel, structure, with the motorway placed above the railway, ASO Group was initiated by Arup(specialized in structural engineering and who has carried out the Sydney Opera House and the Pompidou Center in Paris) and formed as well with SETEC (France), Gimsing Madsen and ISC (both Denmark), Tyrà ©ns (Sweden), and with Georg Rotne (Denmark) as architect to the Group; A single-level, mainly concrete, bridge, with the motorway between the two railway tracks, developed by the ØLC consortium. They both had a cable-stayed main span. Following the awards, as to make an easier and wiser decision for the selection of designer, a continuous scheme designs were prepared to confirm the concepts developed during the short competition period, along with the consultants worked with the Owner to develop the project and get ready for the construction phase. Thus the further design process can be defined as: Consultations with authorities to obtain their approval establish a design basis and a contract strategy set up administrative procedures develop the design in some detail prepare tender documents Whereas it turned out that ASOs strong and robust design concept was safely carried through this whole design process with only very few and insignificant modifications. Tender documents were issued for proposals from both semi-final winners- ASO and ØLC in December 1994, for two contracts for each: one for the approach spans, and the other for the cable-stayed spans. The tenders were returned in June 1995, and after the evaluation, the single contract was signed with Sundlink Contractors in November 1995 for the whole of ASO Groups two-level design for the bridge. The other two main contracts one for Dredging and Reclamation and one for the Tunnel had been let during the summer, and several coast-to-coast contracts were let during 1997-98 for the railway and for various installations such as SCADA / traffic control, communications, toll system and the terminal area. Design and Construct Contract Strategy The Owner had early decided to let the contracts as design-and-construct contracts, but modified so as to safeguard the conceptual designs that had been prepared. In essence the contracts were for detailed design and construction. As we have emphasized that such a Design Construction contract allowed avoiding any possible incompatibilities caused by different designer and constructor so that Owner were able to minimize the risks in this aspect. According to the contract documents, we can clearly identify the principles behind the Owners contract strategy which included: à ¢Ã¢â€š ¬Ã‚ ¢ Detailed design-and-build à ¢Ã¢â€š ¬Ã‚ ¢ A 100 years service life à ¢Ã¢â€š ¬Ã‚ ¢ Application of well-known technology à ¢Ã¢â€š ¬Ã‚ ¢ Control and documentation of quality à ¢Ã¢â€š ¬Ã‚ ¢ Division of risks attributable to ground and weather conditions and obtaining permits. The contract documents were written expressly for the project, and defined the Owners requirements regarding function, aesthetics, safety, and environmental protection. Everything required to fulfill those requirements was included in the Contractors scope of work, with only specified duties on the Owner. The Contractor was responsible for the detailed design as well as for the construction of the work, and was given considerable freedom regarding the means and methods of doing his work which is also a factor key for the success of this mega project. In essence the Owner specified what the Contractor should achieve, and the Contractor determined how to achieve it. The Contractor was responsible for supervising his own work and for providing documentary evidence that he had done so and that the quality of the work he had done was of the standard required by the Contract. The Owner monitored the Contractors performance but this did not relieve the Contractor of his obligations under the contract. This contract strategy led to several special documents being included in the tender documents issued to the bidders, in particular definition drawings, an illustrative design, reference conditions, and quality system requirements. The definition drawings described the design features, geometry, and materials that should be retained in the Contractors design, and at the same time defined the limits within which he had the freedom to choose. The illustrative design showed the bidders, for information only, a comprehensive design that fulfilled the Owners requirements. Risk Assessment So as to minimize the possible risks could ever take place during the construction phase, the Owner assigned ASO as the developer of the Operational Risk Assessment of the entire Øresund link. But since ASO itself was involved in it, the process would benefit from the contribution of external reviewers, so Professor Tendrup Pedersen from the Danish Technical University was appointed to review the marine aspects and Arup to review the remainder. As far as we know, it is the first time such a comprehensive risk analysis has been undertaken during the design of a major fixed link. A fully quantified risk assessment of the human safety and traffic delay risks was carried out for a comprehensive list of hazards: à ¢Ã¢â€š ¬Ã‚ ¢ fire à ¢Ã¢â€š ¬Ã‚ ¢ explosion à ¢Ã¢â€š ¬Ã‚ ¢ train collisions and derailments à ¢Ã¢â€š ¬Ã‚ ¢ road accidents à ¢Ã¢â€š ¬Ã‚ ¢ ship collisions and groundings à ¢Ã¢â€š ¬Ã‚ ¢ aircraft collisions à ¢Ã¢â€š ¬Ã‚ ¢ toxic spillages à ¢Ã¢â€š ¬Ã‚ ¢ environmental loads beyond design basis. Initially, the assessment attempted solely to identity the risks beyond those of typical stretches of motorway and railway on mainland Denmark or Sweden. However, it soon became obvious that this approach could be improved by considering total risks and being able to compare the Links risks with international risk acceptance criteria. We found out that the risk assessment was carried out along with the design process and influenced several design decisions, the most significant being the size of the bridge pier foundations to withstand ship impact, the realignment of the main shipping channel to reduce groundings, and the provision of passive fire protection on the tunnel walls and ceilings.

Pros and Cons of Facebook Essay -- Social Networking, Social Media

Facebook Dangers Because students often post detailed and specific information on Facebook (including phone numbers, addresses, class schedules, social plans, etc.) you can be more easily stalked by strangers (or even acquaintances). Identity theft can also be a significant risk of social networking. Personal details like your full name, names of your family members, your phone number, birthday, address, and place of employment can all be used by identity thieves. "Passport-style" profile photos also make it easier for identity thieves to replicate your online presence. Catfishing: Coined from the independent film "Catfish," which follows a filmmaker who discovers the truth about the online relationship he has been conducting with a woman whom he has never met, "catfishing" occurs when a user creates a false or highly-exaggerated social media profile for the purposes of conducting a relationship online. Some profiles are created out of boredom or loneliness, while others are created to exact revenge or cause embarrassment to the targeted party. Common signs[1] that you are being catfished can include: Inability to contact the other party "in person" - their cell phone is broken or has been stolen, they will not use Skype or SnapChat, they will not or cannot meet you in public despite the seriousness of your relationship. Their photographs appear to be highly edited, stylized, or otherwise unrealistic. You can search Google by image file in order to determine whether the photos you've received are legitimate. Details of their personal life consistently changing, or they have a life story that seems unbelievable or outlandish. If the relationship becomes too intense, they may develop a life-threatening illness, or... ...ion about you[3]. Using a group photo for your profile picture can also make it more difficult for thieves to replicate your identity online. Be prepared to answer questions about your social networking page or other social account in job interviews. It has become common for interviewers to ask applicants, "Are you on a social networking site?" and "What is on your profile?" Be prepared to either decline the question or answer honestly because employers will most likely look at your social networking account themselves... if they haven't already. [1] "Everything You Need to Know About the Catfishing Epidemic," DigitalTrends.com, Molly McHugh, August 23, 2013 [2] "Tracking Twitter, Raising Red Flags" The New York Times, Pete Thamel, March 30, 2012 [3] "Identity Theft on Social Media: Are You at Risk?" Better Business Bureau, Katie Burgoyne, June 20, 2013

Growing Up in the Age of Technology :: Nick Gillespie Violence Essays

Growing Up in the Age of Technology In a society where it is increasingly common for the perpetrators of violent crimes to cite their favorite movie or song lyrics as the inspiration behind their actions, one has to wonder - are pop culture audiences so mindlessly impressionable that they become victim to any or all media suggestion? Does pop culture have as large an affect on morality as the critics claim, and are current attempts to police pop culture necessary? Not really, says Nick Gillespie, editor of Reason magazine and author of the article "View Masters": "What is on the screen or on the stereo is not irrelevant, of course. But it matters far less than one might suppose." In Gillespie's opinion, viewers are not merely passive receptors of pop culture; instead they use the context of their own lives to create meaning and value in what they watch. Consumers of the pop culture phenomenon have always viewed media technology like the television, the telephone, and the computer as an interactive experience. Through dialogue with friends, station surfing, posting to a show's computerized bulletin board, or even turning off the television, viewers demonstrate the ability to become "what's known in literary studies as 'resisting readers.' " In other words, these reactions demonstrate a mental engagement with what is presented, and not merely an uncomprehending reception of what is offered. "Individuals sitting in a theater, or watching television, or listening to a CD don't always see and hear things the way they're 'supposed' to", says Gillespie, and the variety of human viewpoints are what allow for interpretations and "misinterpretations" of the media's par ticular message. According to media analysts, most audiences sit passively while, "Hollywood merely projects morality - good, bad, or indifferent - onto us." These proponents of media censorship support the careful supervision of the entertainment industry, chiefly because they do not perceive viewers as intelligent critics, able to form their own opinions or to make independent decisions. To censors, media is capable of only two functions: instilling greater moral and educational ethic in society, or a provoking a craving for chaos and depravity. The government and many skeptics play a key role in this ideology, not only through a belief that good entertainment should be solely didactic, but also by underestimating the viewer's ability to make independent choices, "or to bring his own interpretation to bear on what he sees.

Is Texting Language Really Appreciated? Essay

In Texting: Why All the Fuss? By David Crystal, a chapter from Txting: The Gr8 Db8, he mentions, â€Å"Texting is just another variety of language, which has arisen as a result of a particular technology.† In the excerpt Crystal talks about the drawbacks and benefits of texting. His main focus in the text is how texting has influenced grammar in teenagers. But, are the teenagers really the only ones to blame in this situation? Is it the parents? Or maybe the teachers? Overall, everyone is at fault to the drawbacks, but the teenagers are responsible for the evolution of communication. Just because teenagers use abbreviations, or texting â€Å"language† does not make them illiterate, it is a type of language whose flexibility and convenience needs to be appreciated. Crystal claims how texting has arisen in the technological world by showing how people use their phone frequently. The text mentions how Jan Van den Bulck, from Catholic University of Leuven says, â€Å"Among 16-year olds, the interference was greater: 20.8 percent were woken up at least once a week with their phones.† Also the chapter stated, â€Å"Half the employees said that they always respond immediately to a message.† Texting problems have also carried over into the outside world. Crystal stated, â€Å"Most employees reporting that they checked work-related text messages and emails even when at home or on holiday.† In the excerpt Crystal lists obvious benefits and drawbacks from the over-usage of cellphones and texting. He notes, â€Å"I believe any form of writing exercise is good for you.† David Crystal is saying, that even though cellphone users to use proper texting etiquette, any form of writing can only benefit you. â€Å"Another study concluded that texting actually helps the development on communication skills such as the ability to summarize and  express oneself concisely,† quoted from David Crystal. Crystal also mentioned from the same study, â€Å"Texting motivates people to sharpen their diplomatic skills, for, as with all written activity, it allows more time to formulate thoughts and express them carefully.† There are not only benefits from texting; there are plenty of drawbacks involving distracting users, and health issues. Texting has caused issues with time management, loss of sleep, and addiction. As mentioned, before a significant amount of teenagers a re being woken up in the middle of the night by their cellphones going off. Ironically, there is a medical term for a text messaging injury known as â€Å"TMI†. TMI is also an abbreviation for â€Å"too much information,† which is commonly as texting dialect. In the text Crystal does mention, â€Å"Every time I talk to groups of teachers and examiners, I ask them whether they have encountered anything remotely similar. None of them ever has.† Crystal is referring to children and teenagers using â€Å"text language† in their schoolwork and essays. Crystal reports, â€Å"The concern over texting lingo has been greatly exaggerated; he s that on average, less than 10 percent of words in text messages are abbreviated.† Personally, I am not a huge texting person. I’d rather have a face-to-face conversation; but I’m not going to sit here and say that I don’t text. If it’s just a casual conversation, I don’t mind texting but if it were an argument I’d rather have it be in person. Yelling at someone is easier than to take my anger out the keyboard on my phone. My experiences with t exting and using my cellphone somewhat relate to the point David Crystal was trying to make. I do get rarely woken up by texts, I text while I am at work, but I do not use text language. Newer phones have autocorrect in their system, which means if you misspell a word the phone will fix the spelling error, as you are texting a message. It’s quite relevant, and more people should turn that on, especially from seeing the statistics from David Crystal’s chapter. I’ve been texting for about 10 years now, and it has not really changed my grammar if anything it has benefited it. When I was 10 I used text language and abbreviations, but that is because I didn’t really know what â€Å"proper grammar† was at that point. I have been disrupted from my daily schedule with my phone going off from time to time. Seeing how I am nine hours away from home, and my dad lives in Germany. I do get a lot of texts and calls when I am busy in class, or doing homework. Honestly, I don’t expect anything different; we’re all on  different time schedules. Sleeping has not really been much a problem for me; I do sleep with my phone in my bed because it is my alarm clock in the morning. Keeping my phone in my bed has not been much of an issue for me. I make sure to keep my phone on silent so I don’t get disrupted. Texting has not really made me feel safe. I have been in two different car accidents, and the driver has been texting while driving. I have absolutely no respect for anyone who chooses to text and drive; it’s not just for your safety. I have absolutely no service anywhere I go, so if something bad were to happen I more then likely wouldn’t be able to call for help. Addiction to phones is possible; Crystal mentions how, â€Å"Priory clinics were reporting a sharp rise in â€Å"technology addiction.† I can proudly say, I am not addicted to my cell phone or texting; it’s more of a luxury rather than a necessity. The issues with texting will constantly be an argument, no matter what age, or what profession is speaking their opinion. Crystal proves remarkable points, but there are ways to make an argument supporting the other side. I believe that David Crystals article was more informing than David Carr’s, â€Å"Keep Your Thumbs Still When I’m Talking To You.† Crystal shows downfalls and benefits on both sides to the debate of texting, and provides specific statistics, and quotes from other sources. Texting is just another variety of language, which has arisen as a result of a particular technology, but it is a type of language whose flexibility and convenience needs to be appreciated. Work Cited Crystal, David. â€Å"Texting: Why All the Fuss?† From Txting: The Gr8 Db8. Oxford: Oxford UP, 2008. Rpt. in Language Awareness. Paul Escholz, Alfred Rosa, and Virginia Clark, eds. Boston: Bedford/ St. Martins, 2013. 359-73. Print.

The Doha Round and Financial Services Negotiations

The Doha Round and Financial Services Negotiations AEI STUDIES ON SERVICES TRADE NEGOTIATIONS Claude Barfield, series editor THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS Sydney J. Key INSURANCE IN THE GENERAL AGREEMENT ON TRADE IN SERVICES Harold D. Skipper Jr. LIBERALIZING GLOBAL TRADE IN ENERGY SERVICES Peter C. Evans REDUCING THE BARRIERS TO INTERNATIONAL TRADE IN ACCOUNTING SERVICES Lawrence J. White The Doha Round and Financial Services Negotiations Sydney J. Key The AEI Press Publisher for the American Enterprise Institute WA S H I N G T O N , D . C . 2003Available in the United States from the AEI Press, c/o Client Distribution Services, 193 Edwards Drive, Jackson, TN 38301. To order, call toll free: 1-800-343-4499. Distributed outside the United States by arrangement with Eurospan, 3 Henrietta Street, London WC2E 8LU, England. Library of Congress Cataloging-in-Publication Data Key, Sydney J. The Doha round and financial services negotiations / Sydney J. Key. p. cm. Incl udes bibliographical references and index. ISBN 0-8447-4182-5 (pbk. ) 1. Financial services industry—Law and legislation 2. Foreign trade regulation. I. Title K1066.K49 2003 343†². 087—dc 22 2003063553 3 5 7 9 10 8 6 4 2 Printed in 2003 by the American Enterprise Institute for Public Policy Research, Washington, D. C. The views expressed in publications of the American Enterprise Institute are those of the authors and do not necessarily reflect the views of the staff, advisory panels, officers, or trustees of AEI. The views expressed by the author in this publication should not be interpreted as representing the views of the Board of Governors of the Federal Reserve System or anyone else on its staff. Printed in the United States of America Contents QFOREWORD, Claude Barfield ACKNOWLEDGMENTS 1 2 INTRODUCTION INTERNATIONAL TRADE IN FINANCIAL SERVICES E-Finance 6 Modes of Supply 7 Services Provided across Borders 8 Foreign Direct Investment 9 Presence of Natural Per sons 9 LIBERALIZATION AND REGULATION Three Pillars of Liberalization 12 National Treatment and Market Access 13 Nondiscriminatory Structural Barriers 15 Freedom of Capital Movements 18 Strengthening Domestic Financial Systems 20 Minimum Standards and Codes of Good Practices 22 â€Å"Surveillance† 23 The Prudential Carve-Out in the GATS 24 NATIONAL TREATMENT AND MARKET ACCESS â€Å"Binding† Existing and Ongoing Liberalization 28 IMF Conditionality 30 Permanence of GATS Commitments 31 Foreign Direct Investment 32 Remaining Barriers to Entry and Operation 33 MFN Exemptions 34 Barriers within the Scope of the Prudential Carve-Out 35 Cross-Border Services 37 Binding Gaps versus Remaining Barriers 38 Uncertainty about WTO Jurisprudence 39 v vii xiii 1 4 3 11 4 27 vi CONTENTSMore Liberal Approaches for Wholesale Services 39 Evolving Regulatory Responses to Retail Cross-Border Services 40 Negotiating Goals 41 5 NONDISCRIMINATORY STRUCTURAL BARRIERS Regulatory Transparency 44 R ules about Developing and Applying Rules 44 Sound Financial Systems 46 â€Å"Effective Market Access† 47 General Anticompetitive Measures 49 â€Å"Necessity† and Domestic Regulation 50 Recognition of Prudential Measures 51 Harmonization 52 Facilitating Access 52 The Intra-EU Approach 53 Remaining Second-Pillar Barriers 54 Applicability of the Intra-EU Approach 55 CONCLUSION 43 6 57 61 87 101 107 NOTES REFERENCES INDEX ABOUT THE AUTHOR Foreword Q In advanced industrial economies, the services sector accounts for a substantial portion of each nation’s gross domestic product.Despite the increasing importance of trade in services, the General Agreement on Trade in Services (GATS), which was negotiated during the 1986–94 Uruguay Round and entered into force in January 1995, marked the first time that rules for opening markets in services were included in the multilateral trading system. The GATS called for periodic negotiating rounds, beginning no later than 2 000, to achieve further liberalization of trade in services. Serious individual sector negotiations, however, did not shift into high gear until a comprehensive new round of multilateral trade negotiations was launched at the November 2001 ministerial meeting of the World Trade Organization (WTO) in Doha, Qatar. The American Enterprise Institute is engaged in a research project to focus on the latest round of trade negotiations on services.Mounted in conjunction with the Kennedy School of Government at Harvard University, the Brookings Institution, and the Coalition of Service Industries Research and Education Foundation, the project entails analysis of individual economic sectors: financial services; accounting; insurance; electronic commerce; energy; air freight and air cargo; airline passenger services; and entertainment and culture. Each study identifies major barriers to trade liberalization in the sector under scrutiny and assesses policy options for trade negotiators and inte rested private sector participants. AEI would like to acknowledge the following donors for their generous support of the trade-in-services project: American Express Company; American International Group; CIGNA Corporation; FedEx Corporation; Mastercard International; the Motion Picture Association of America; and the Mark Twain Institute. I emphasize, however, that the vii viii FOREWORD conclusions and recommendations of the individual studies are solely those of authors.Issues for the Financial Services Negotiations In this study, Sydney J. Key analyzes the role of the GATS and the WTO in the liberalization and regulation of the financial services sector and identifies six broad goals for the financial services negotiations in the Doha round. What makes her analysis unique is that she integrates the two very different perspectives of trade policy and financial regulatory policy. Throughout the study, Key emphasizes the complementary and mutually reinforcing relationship between eff orts to open markets under the GATS and the intensive ongoing international work on strengthening domestic financial systems, including prudential regulation and supervision.The study examines the role of the GATS and the WTO in relation to what Key characterizes as the three pillars of liberalization necessary to achieve â€Å"international contestability of markets†: (1) opening markets to foreign services and service suppliers through GATS commitments to provide â€Å"national treatment† and â€Å"market access†; (2) implementing domestic structural reforms that would eliminate nondiscriminatory structural barriers to trade in financial services; and (3) liberalizing capital movements. Key explains that the GATS deals with third-pillar liberalization only insofar as it affects countries’ specific commitments to liberalize trade in services; in general, liberalization of capital movements is a matter of concern for the International Monetary Fund (IMF). Key emphasizes the importance of focusing on fundamental first-pillar liberalization in the Doha round financial services negotiations and sets forth four first-pillar goals: first, binding in the GATS existing and ongoing liberalization that provides market access and national treatment; second, removing remaining barriers to national treatment and market access and binding the resulting liberalization; third, narrowing or withdrawing the broad exemptions that some countries have taken from the most favored nation (MFN) obligation of the GATS; and, fourth, using an incremental approach for cross-border services that combines strengthening GATS commitments and achieving greater liberalization in practice. CLAUDE BARFIELD ix How far should the Doha round financial services negotiations extend into the realm of second-pillar liberalization?Like other authors in this series, Key grapples with the role of the GATS with regard to the domestic structural reform needed to reduce or elimina te nondiscriminatory structural barriers to trade in services. Key believes that the Doha round financial services negotiations should proceed selectively by concentrating on the areas in which the GATS and the WTO have a comparative advantage. She singles out two particularly important second-pillar goals for the Doha round financial services negotiations: developing stronger GATS disciplines on regulatory transparency; and removing barriers to â€Å"effective market access† and binding the resulting liberalization.Key argues that GATS rules on transparency in developing and applying regulations, together with the closely related principle of procedural â€Å"fairness† in applying regulations, would not only help eliminate barriers created by opaque and unfair regulatory procedures but also help ensure that a country does not use its regulatory process to undermine its commitments to national treatment and market access. Key explains how GATS rules on transparency in financial services regulation could both complement and build upon the work on transparency that is part of international efforts to strengthen domestic financial systems. The other second-pillar goal set forth by Key involves anticompetitive domestic regulatory measures that cannot be justified on prudential grounds and serve primarily to keep foreign financial firms from competing in host-country markets by making entry impractical or too costly—thereby denying them â€Å"effective market access. Key explains that identifying barriers to effective market access that could be negotiated in the Doha round requires a country’s trading partners to determine whether, in practice, a host country’s measures keep foreign firms from competing in its markets and whether a â€Å"critical mass† of regulators believes that the measures are inappropriate for prudential purposes. She points out, however, that even if the prevalent regulatory view is that the measures cannot be justified on prudential grounds, host-country regulators must be persuaded to accept it. What about barriers to trade in financial services that are created by legitimate prudential measures? Key explains the importance of the â€Å"prudential carve-out† for domestic regulation in the GATS Annex on Financial x FOREWORDServices: it ensures the GATS will not interfere with the ability of national authorities to exercise their responsibilities for prudential regulation and supervision to protect consumers of financial services and to promote the integrity and stability of the financial system. She notes that while prudential measures sometimes impose additional requirements on foreign firms, they may also create barriers simply because they differ among countries— that is, financial firms operating on a global basis may often find it burdensome to comply with a multitude of different national rules. Key identifies two approaches for dealing with barriers create d by prudential measures.One would have home-country regulatory authorities convince host-country authorities that their prudential concerns can be addressed with less sweeping requirements. These efforts could take place bilaterally or in various international fora, including the financial services negotiations under the auspices of the WTO, where finance ministries play a major role. A second approach would have home- and hostcountry authorities negotiate a recognition arrangement. Although the GATS Annex on Financial Services facilitates unilateral or mutual recognition of prudential measures by permitting a departure from the MFN obligation of the GATS for such arrangements, Key explains why the WTO is not the appropriate forum for their negotiation.In conclusion, Key summarizes the forces affecting the outcome of the Doha round financial services negotiations and the importance of that outcome to the process of financial sector liberalization: Success in achieving the financial services goals discussed in this study depends significantly on factors beyond the scope of the negotiations. As the GATS explicitly recognizes, liberalization of trade in financial and other services is an ongoing process. For financial services, this process is being driven in large part by market forces and new technologies. It is also being driven by the growing recognition among policymakers that market opening can benefit host-country consumers of financial services and, at the same time, contribute to the resiliency of domestic financial systems.The development of international minimum standards and codes of good practices for sound financial systems and their implementation by individual CLAUDE BARFIELD xi countries provide a strong foundation for moving ahead with further liberalization of trade in financial services. The negotiations in the Doha round can play an important role in helping to accelerate the process of liberalization as well as solidifying its results in th e form of binding commitments subject to the WTO dispute settlement mechanism. CLAUDE BARFIELD American Enterprise Institute for Public Policy Research Acknowledgments Q The author greatly appreciates the assistance of the many individuals who read all or part of the manuscript and provided valuable comments and suggestions in their areas of expertise.She would like to thank Alistair Abercrombie, Claude Barfield, Nicholas Bayne, Stijn Claessens, Steven Fabry, Bernard M. Hoekman, Cecilia Klein, Masamichi Kono, Robert D. Kramer, Patrick Macrory, Ann Main, Marilyn L. Muench, Kathleen M. O’Day, Patrick Pearson, Mary S. Podesta, Amelia Porges, Peter E. W. Russell, Hal S. Scott, Richard E. Self, Jonathan D. Stoloff, and T. Whittier Warthin for reading the manuscript in its entirety. She would also like to thank Peter Berz, Barbara J. Bouchard, James M. Boughton, David T. Coe, Kenneth Freiberg, Ralph Kozlow, Ross B. Leckow, Michael D. Mann, Juan A. Marchetti, Peter K. Morrison, Will iam A. Ryback, David Strongin, Mark W. Swinburne, Andrew Velthaus, and Obie G.Whichard for reading drafts, and often redrafts, of particular sections. Finally, the author would like to thank Juyne Linger for her work in editing the manuscript. xiii 1 Introduction Q The General Agreement on Trade in Services (GATS), the first global trade agreement to cover financial and other services, is an important new element in the international framework for liberalization and regulation of the financial sector. Participation in the GATS, however, does not necessarily mean that a country has made strong commitments to open its markets to foreign services and service providers. Indeed, the strength of commitments varies substantially among countries.The GATS therefore requires periodic negotiating rounds on financial and other services to improve commitments and thus achieve â€Å"a progressively higher level of liberalization. †1 The GATS was negotiated in the Uruguay Round, which was l aunched in 1986 and formally concluded in April 1994. 2 Financial services, however, was one of several sectors for which negotiations on specific commitments were extended, and final agreement was not reached until December 1997. 3 In 2000, in accordance with the deadline established by the GATS for initiating a new round of services negotiations, work began again on financial and other services. This occurred despite the failure of the Seattle ministerial meeting of the World Trade Organization (WTO) in December 1999 to launch a comprehensive new round of trade negotiations.Subsequently, at the Doha ministerial meeting in November 2001, WTO members reached agreement on an agenda for comprehensive multilateral trade negotiations that incorporated the so-called â€Å"built-in† agenda for financial and other services. 4 The ministerial declaration set January 1, 2005, as the deadline for completing the Doha round; the declaration called for the next ministerial meeting, subseq uently scheduled for September 2003 in Cancun, to assess progress and provide any necessary political guidance. 5 1 2 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS For financial services liberalization, four aspects of the GATS and the WTO are particularly significant: First, the WTO is a multilateral forum in which the primary goal is reducing or eliminating trade barriers to promote competitive markets and thereby support economic growth and development.The new prominence of this goal at the multilateral level complements the intensive work on strengthening domestic financial systems in a variety of other international fora, ranging from institutions such as the International Monetary Fund (IMF) to specialized bodies such as the Basel Committee on Banking Supervision. 6 Indeed, the efforts to liberalize trade in financial services and the efforts to strengthen domestic financial systems, including prudential regulation and supervision, are mutually reinforcing. In addition, t he WTO is a forum in which all members have the opportunity to participate on an equal basis. Multilateral trade agreements are negotiated in the WTO without the â€Å"conditionality† that links IMF or World Bank financial assistance to the implementation of specific policy measures by a borrowing country. In principle, therefore, GATS commitments to liberalization have â€Å"domestic ownership†Ã¢â‚¬â€that is, they reflect a country’s recognition of the need for policy reform—a quality that the IMF has found to be a crucial determinant of the success of its programs. 8 Second, the GATS provides a mechanism for parties to undertake legally binding commitments subject to enforcement under the WTO dispute settlement mechanism. A GATS commitment is permanent in that it cannot be withdrawn without compensation of trading partners. Failure to honor a commitment could open a country to a dispute settlement proceeding and, ultimately, WTO-sanctioned retaliatory measures by its trading partners. Thus, backsliding in the face of protectionist domestic political pressures could be extremely costly. As a result, binding even the status quo is extremely important.Moreover, for negotiations that stretch over many years, the â€Å"status quo† in the final phase is often different from that at the outset of the negotiations, in part as a result of the negotiating process itself. Third, the GATS is based on the most-favored-nation (MFN) principle, which precludes discrimination among foreign countries. Under the MFN obligation of the GATS, a WTO member must accord to services and INTRODUCTION 3 service suppliers of any other member treatment â€Å"no less favorable† than the treatment it provides to â€Å"like† services and service suppliers of the most favored foreign nation. 9 The reach of the MFN obligation is very broad ecause it applies to all measures affecting trade in services that are covered by the GATS, not just thos e for which a member has made specific commitments to liberalization. 10 Although the GATS does allow members to enter into economic integration agreements—such as the Treaty establishing the European Community (EC Treaty)11 and the North American Free Trade Agreement (NAFTA)—without extending the benefits of the agreements to all WTO members, it establishes stringent criteria for an agreement to qualify for this exception. 12 If a WTO member undertakes liberalizing measures in connection with services obligations in an agreement that does not meet the criteria, it must apply the measures to all WTO members on an MFN basis. 3 Fourth, the GATS negotiating process can itself have a positive impact on domestic policymaking, particularly in emerging market economies and other developing countries. Governments that participate in the negotiations are forced to account to their trading partners for the barriers they impose and to explore the possibility of overcoming domesti c political constraints to reduce or eliminate those barriers. A continuing challenge for the trading partners is to use the GATS negotiating process to provide support for and to harness political and market forces that are creating pressures for liberalization within a host country. In this regard, a country’s â€Å"readiness† for reform is critical. Thus, the outcome of the GATS process depends heavily on factors beyond its purview.The next chapter of this study presents a brief discussion of the international provision of financial services and their coverage by the GATS. The third chapter provides a framework for analyzing the role of the GATS and the WTO in liberalization and regulation of the financial sector. The fourth chapter focuses on the barriers to national treatment and market access that need to be addressed in the financial services negotiations in the Doha round. The fifth chapter examines nondiscriminatory structural barriers and identifies certain a reas of domestic structural reform that could usefully be dealt with in the GATS negotiations. The final chapter presents the conclusions of this study. 2 International Trade in Financial Services QThe financial sector is a critical component of a nation’s economy: It not only contributes directly to output and employment but also provides an essential infrastructure for the functioning of the entire economy. The financial system serves as a channel through which savings can be mobilized and used to finance investment and, at the same time, facilitates transactions necessary for internal and external trade. It also helps to manage risks and reduce so-called information asymmetries between providers and users of funds. 1 For these reasons, a sound and efficient financial system is imperative for economic growth and development. A sound financial system also increases the resiliency of a nation’s economy, thereby helping it to withstand external shocks such as movements in exchange rates or a major increase in global interest rates.International trade in financial services—together with enhanced prudential regulation and supervision and other basic structural reforms—can play an important role in helping countries build financial systems that are more competitive and efficient, and therefore more stable. Financial services trade can enhance capital market efficiency; improve the quality, availability, and pricing of financial services; stimulate innovation through the dissemination of new technologies, know-how, and skills; and promote the use of international good practices in areas such as accounting, risk management, and disclosure of financial information. 2 The rapid growth of trade in financial services in recent years reflects a combination of economic, technological, and regulatory factors. These include new and expanding markets in developing and transition economies, technological advances, and progress in reducing or elimin ating a variety of host-country barriers (see chapter 3). 4 INTERNATIONAL TRADE IN FINANCIAL SERVICES 5 Trade in services, as defined in the GATS, includes services provided across borders and through foreign direct investment. The cross-border provision of services—for example, the provision of financial services from an office located in one country to residents of another country— is broadly analogous to trade in goods. 4 By contrast, foreign direct investment involves the establishment of a commercial presence, such as a branch or subsidiary, within a host country. 5 The GATS approach of defining international trade to nclude services provided to host-country customers through the establishment and operation of a commercial presence differs from the approach used for balance-of-payments purposes, in which once a local branch or subsidiary has been established, the services it provides to host-country customers are treated as domestic. 6 In this study, the term â₠¬Å"financial services† refers to financial services other than insurance, which is the subject of another study in this series. 7 Although the GATS definition of financial services encompasses both â€Å"insurance and insurance-related services† and â€Å"banking and other financial services (excluding insurance),†8 they have been negotiated and listed in the financial services schedules as separate subsectors. 9 These subsectors are, however, closely linked.Many of the major commercial and investment banks operating internationally are part of financial conglomerates that also include firms engaged in insurance underwriting, and banks often engage directly in insurance brokerage activities. Moreover, the development of new types of products and instruments is blurring the distinctions between financial subsectors. Major financial firms now provide a wide range of financial services to customers in other countries. These include commercial banking activities such as lending and deposit-taking; investment banking activities, such as underwriting securities and advising on mergers and acquisitions; trading activities, that is, brokering and dealing in securities and other financial instruments; and asset-management activities, including management of mutual funds and pension funds.Other financial services provided internationally include financial information and data processing services; investment advisory services; payment and money transmission services, including credit cards; settlement and clearing for financial assets; and financial leasing. 6 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS Many financial services provided internationally are wholesale in nature; that is, they are provided to â€Å"sophisticated† customers such as corporations and institutions, other financial services firms, and wealthy individuals. 10 Both foreign direct investment and cross-border supply are important means of providing wholesale financia l services.In the banking sector, when wholesale services are provided through establishment of a commercial presence, direct branches of the foreign bank—if permitted by host-country regulation—are usually a more efficient form of organization than subsidiaries. Unlike subsidiaries, branches are not separately incorporated in the host country and operate using the firm’s consolidated worldwide capital (but see chapter 4 regarding lending limits based on branch capital-equivalency requirements). E-Finance Technological advances have long had a major impact on the conduct of wholesale financial activities. Business-to-business electronic transactions within the financial sector have been used for more than two decades, both domestically and internationally.Financial firms have also provided online services to nonfinancial firms over closed proprietary networks for a number of years. Widespread access to the open network technology of the Internet, however, offers a whole new range of possibilities to provide services to a much broader base of customers at substantially lower costs. As a result, online services provided to wholesale customers—both within and across national borders—are growing rapidly. This growth includes not only traditional financial services but also new types of services designed to facilitate business-to-business e-commerce activities. 11 The same technological and cost-saving possibilities exist for the provision of electronic banking and other financial services to retail customers.Within some countries, the provision of some types of financial services over the Internet and through web-enabled technologies, such as mobile telephony, is expanding dramatically. Prominent examples include discount brokerage and mutual funds in the United States, and banking services in Finland, Norway, and Sweden. 12 The cross-border provision of INTERNATIONAL TRADE IN FINANCIAL SERVICES 7 financial services to retail cus tomers over the Internet, however, is still in its infancy. In general, the international provision of retail financial services still takes place primarily through locally incorporated subsidiaries. 13 Indeed, a number of banks are now using their host-country subsidiaries as a base from which to provide electronic banking services to host-country retail customers.The lack of widespread development of cross-border retail banking and other financial services—through the Internet or more traditional methods—reflects host-country regulatory requirements aimed at ensuring adequate consumer protection, consumer preferences, and tax considerations. Some countries actually require the establishment of a commercial presence to provide retail financial services. Even when regulatory requirements for cross-border services involve nondiscriminatory application of host-country prudential standards, firms operating on a global basis may have difficulty meeting a multitude of diffe rent national requirements. Perhaps even more important, consumers may prefer dealing with a local commercial presence, particularly because redress against a local establishment is usually readily available through the domestic legal system.In addition, in a number of countries, consumers receive more favorable tax treatment on financial products that are provided through locally incorporated entities. 14 Modes of Supply In an effort to include all of the ways in which services are provided internationally, the GATS defines â€Å"trade in services† in terms of four so-called modes of supply. Mode 1 and mode 2 cover services provided across borders; for financial services, the distinction between these two modes is not always clear. Mode 3 covers services provided through establishment of a commercial presence—that is, through foreign direct investment, a term that is not used in the GATS.Mode 4 covers services provided through the temporary presence of â€Å"natural persons,† which includes nonlocal employees of a foreign service provider. The GATS uses modes of supply not only to define the scope of its coverage but also as the basis for specific commitments to liberalization that WTO members undertake. 8 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS Services Provided across Borders. In this study, the term â€Å"cross-border services† is used broadly without attempting to assign a geographic location to the transaction. Thus, this study does not attempt to determine whether a transaction â€Å"takes place† in the country of the service provider or in the country of the customer.For example, a cross-border financial services transaction could be carried out in a number of different ways: (a) a representative of, say, a foreign bank might visit the country of the customer to arrange a loan; (b) the customer might travel abroad to visit the office of the foreign bank; or (c) the transaction might take place via telephone , fax , or, increasingly, the Internet, which, in this context, is simply another technological means of delivering the service. 15 The GATS, however, distinguishes between services provided to nonresidents â€Å"from† the country of the service supplier (mode 1 or crossborder supply) and services provided â€Å"in† the country of the service supplier (mode 2 or consumption abroad). Usually—but as currently defined by the GATS, not necessarily—mode 2 involves physical movement of the consumer, such as the movement that occurs in tourism. 6 For financial services, however, the line dividing these two modes of supply is not always clear, especially in the case of example (c) in the previous paragraph. Indeed, because financial services are intangible, assigning a geographic site to their provision across borders is difficult and often arbitrary and will become more so as the importance of e-finance increases. From a regulatory perspective, a major issue is whether, and to what extent, the rules of the host country—that is, the country of the customer—are applied to the cross-border transaction. 17 Suppose, for example, that employees of a foreign bank visit the host country to arrange cross-border loans.Even when the host country does not have a regulatory framework in place for cross-border banking services, host-country bank regulators sometimes look at factors, such as the frequency and duration of visits and the permanence of the host-country infrastructure for the visiting employees, to determine whether, for regulatory purposes, the cross-border activity rises to the level of a host-country office. 18 Or suppose that a foreign broker-dealer solicits host-country customers to purchase securities. Securities regulators often use solicitation— in addition to the actual conduct of business with domestic residents—as INTERNATIONAL TRADE IN FINANCIAL SERVICES 9 criterion for determining whether the foreign firm is subject to hostcountry broker-dealer registration requirements. 19 In response to the increasing use of the Internet by the securities industry, a number of regulators also examine factors such as whether a web site is being used to target host-country customers (see chapter 4). 20 Besides regulatory jurisdiction, another important jurisdictional issue arises in the event of a dispute; here the question is which country’s courts have jurisdiction to try the case and which country’s laws apply. 21 Foreign Direct Investment. The inclusion of foreign direct investment in the GATS reflects its importance as a way of providing services internationally. 2 By contrast, the General Agreement on Tariffs and Trade (GATT) does not cover foreign direct investment; for goods, there is only a relatively narrow agreement, negotiated in the Uruguay Round, on trade-related investment measures (TRIMs). 23 Although the GATS includes establishment of a commercial presence as a mod e of supply, it does not have a separate framework for investment like that of the NAFTA or the widely used bilateral investment treaties (BITs). 24 These agreements cover portfolio investment as well as direct investment in both goods and services. Moreover, unlike the GATS, they include provisions to ensure the protection of investments—specific rules governing expropriation and compensation, for example—and also provide for arbitration of disputes between private investors and host-country governments. Presence of Natural Persons.The fourth mode of supply in the GATS, the temporary presence of natural persons, includes the temporary presence in the host country of employees of firms providing services across borders or through a commercial presence. For example, for financial services, this mode of supply covers the presence of nonlocal staff of a host-country branch or subsidiary of a foreign financial firm as well as agents of the firm visiting the host country to facilitate the provision of cross-border services. 25 Although the presence of natural persons is listed as a mode of supply in the GATS, and members can negotiate sectorspecific commitments, countries usually make commitments for the temporary presence of natural persons as â€Å"horizontal commitments† that 10 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS apply to all services sectors. 6 For the financial services sector, however, most countries that belong to the Organization for Economic Cooperation and Development (OECD) have incorporated into their schedules a set of commitments allowing the temporary entry of senior managerial personnel and certain types of specialists in association with the establishment of a commercial presence. 27 3 Liberalization and Regulation Q Policymakers, particularly in emerging market economies, are increasingly recognizing that opening markets to foreign financial firms can benefit both consumers of financial services and the domesti c economy as a whole. As noted in chapter 2, the presence of foreign firms can create more competitive and efficient markets for financial services, thereby supporting economic growth and development and contributing to a more resilient domestic financial system.At the same time, however, ensuring adequate prudential regulation and supervision of financial firms and markets, together with other fundamental domestic structural reforms, is essential to obtain the maximum benefits of liberalization while minimizing the risks. Basic structural reforms include increasing transparency and accountability in both the private and public sectors; introducing effective risk management techniques; and developing the institutional infrastructure, such as insolvency laws and appropriate judicial procedures. Because measures to promote competitive markets and to strengthen domestic financial systems are complementary and mutually reinforcing, the relationship between financial sector liberalizatio n and regulation has two distinct dimensions. On the one hand, liberalization requires reducing or removing anticompetitive regulations that pose unnecessary barriers to trade in services. On the other hand, liberalization requires increasing the strength and quality of certain regulations and, in some areas, introducing new regulations. Thus the process of liberalization involves, inter alia, reaching a consensus on where to draw the line between regulations that are simply anticompetitive barriers to trade—and should therefore be eliminated—and regulations that serve legitimate purposes. For financial services, the GATS contains a â€Å"prudential carve-out† for domestic regulation. 2 In the GATS, the term â€Å"prudential† is used broadly 11 12 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS o encompass not only measures to promote the integrity and stability of the financial system (as the term has traditionally been used in banking regulation) but also measures designed to protect consumers of financial services. The prudential carve-out, discussed later in this chapter, is designed to ensure that any obligations undertaken or commitments made in the GATS will not interfere with the ability of national authorities to exercise their responsibilities for prudential regulation and supervision. Whether a particular measure is prudential or simply being used to avoid a country’s obligations and commitments under the GATS is, however, an issue that could be brought before a WTO dispute settlement panel. All countries impose certain rules that are clearly prudential.Even if a measure is prudential, however, it may create a barrier to trade in financial services. This could occur because a host country imposes additional prudential requirements on foreign financial firms vis-a-vis their domestic counterparts. Such barriers could also be created simply because prudential rules differ among countries—that is, even if eac h host country applies the same rules to foreign and domestic firms, financial services firms operating on a global basis often find it burdensome to comply with a multitude of different national prudential rules. A critical question is whether such barriers could be addressed without jeopardizing prudential goals.Specifically, in what areas and under what conditions might financial services regulators be able and willing to recognize each other’s regulations and supervisory practices as being as effective as their own? The GATS is permissive with respect to such recognition arrangements. However, as will be explained in chapters 4 and 5, the WTO is not the appropriate forum for financial services regulators to negotiate recognition of prudential measures. Three Pillars of Liberalization â€Å"International contestability of markets† refers to the creation of markets that are competitive and efficient on a global basis—a goal that can be achieved by removing all types of barriers to foreign participation in hostcountry markets. International contestability is, in effect, based on three pillars of liberalization: (1) national treatment and market access; (2) the LIBERALIZATION AND REGULATION 13 removal of nondiscriminatory structural barriers, that is, domestic structural reform; and (3) freedom of capital movements. For financial services, the GATS has so far dealt mainly with the first pillar. An important question for the Doha round is how far the negotiations should extend into the second pillar. The GATS deals with the third pillar only insofar as it affects countries’ specific commitments to liberalize trade in services; in general, liberalization of capital movements is a matter of concern for the IMF 4 . National Treatment and Market Access. The first pillar of international contestability of markets is liberalization aimed at opening markets to foreign services and service suppliers and ensuring that they enjoy substantially the same treatment as their domestic counterparts. Such liberalization requires reducing or removing barriers that discriminate against foreign services and service suppliers with regard to entry and operation in a host-country market. A host country might, for example, discriminate against foreign financial firms by refusing to grant licenses for their branches or subsidiaries; imposing limitations on their ownership position in domestic firms or on their aggregate market share; or prohibiting them from engaging in certain activities that are permissible for their domestic counterparts.First-pillar liberalization also requires removing various quantitative limitations on the overall provision of services in a host-country market. Although these barriers may not, on their face, be overtly discriminatory, they are typically used to block entry by foreign services and service suppliers. A country might, for example, limit the number of service suppliers in a particular market by rest ricting the number of new licenses that may be issued or by relying on an economic needs test, which involves an assessment of â€Å"needs† in the market by host-country authorities. 6 Because these measures have the effect of imposing some type of quantitative limitation on foreign entry, they are similar to the more overtly discriminatory barriers.To deal with these first-pillar barriers, the GATS uses the principles of â€Å"national treatment† and â€Å"market access. † Article XVII (National Treatment) relies on a generally accepted definition of national treatment—that is, it 14 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS requires a host country to treat foreign services and service suppliers no less favorably than â€Å"like† domestic services and service suppliers. 7 Barriers to entry or operation that discriminate against foreign services or service suppliers vis-a-vis their domestic counterparts would therefore be inconsistent with national treatment. The GATS does not attempt to define market access.Instead, Article XVI (Market Access) provides a list of restrictive measures, primarily quantitative, that are typically used by host countries to deny entry to foreign services or service suppliers. A country that does not maintain any of these measures is regarded as providing full market access. 8 The list includes seemingly nondiscriminatory quantitative barriers to entry that apply to both domestic and foreign firms, such as limitations—in the form of numerical quotas or economic needs tests—on the number of service suppliers or their total assets. It also includes quantitative barriers to entry that are clearly discriminatory and thus are also inconsistent with national treatment, such as limitations on foreign ownership interests in domestic firms.As a result, some overlap exists in the national treatment and market access provisions of the GATS—that is, certain measures may be inconsi stent with both national treatment and market access. 9 The list of measures in Article XVI also includes restrictions on the type of legal entity through which services may be supplied—for example, requiring establishment of a subsidiary as opposed to a branch. In the GATS, national treatment and market access are â€Å"specific commitments† as opposed to general obligations. 10 As a result, national treatment and market access do not apply across-the-board to all services sectors; instead, they apply only to sectors, subsectors, or activities that a WTO member specifically lists in its schedule of commitments. 1 If a member is making only a partial commitment to national treatment or market access within a listed sector, subsector, or activity, any limitations must be listed in its schedule. 12 The use of specific commitments for national treatment and market access instead of obligations applicable to all services sectors is in some respects a structural weakness of the GATS. 13 Under a more ambitious approach, such as that used in the NAFTA’s services and investment provisions, national treatment and market access would apply in each sector unless an exception was specifically listed in a country’s schedule of LIBERALIZATION AND REGULATION 15 commitments or one of the public policy exceptions, such as the national security exception, applied. 14 Nondiscriminatory Structural Barriers.The second pillar of liberalization required for international contestability of markets is aimed at removing nonquantitative and nondiscriminatory structural barriers. Such barriers are associated with national measures that do not discriminate between domestic and foreign services and service suppliers. A secondpillar barrier could arise because a national measure is primarily anticompetitive or fosters anticompetitive behavior by private parties. In some cases, the barrier could be associated with the inadequacy or absence of domestic regulationâ €”for example, the lack of an adequate domestic legal framework for insolvency. A second-pillar barrier could also arise because of differences in national rules, including prudential rules, that make it difficult to conduct operations on a global basis.Removing second-pillar barriers goes far beyond achieving national treatment and market access. Those principles ensure that foreign services and service suppliers can enter a host-country market as currently structured and enjoy equality of competitive opportunities vis-a-vis their domestic counterparts. By contrast, second-pillar liberalization represents an effort to create maximum potential competitive opportunities in a host-country market. Achieving this could require major domestic structural reform. This would necessarily involve some degree of convergence of national regulatory systems, either de facto or through negotiated harmonization. A longstanding U. S. rohibition on affiliations between banks and insurance compani es in the United States, which was repealed in 1999, created a major second-pillar barrier for many years. 15 Indeed, the European Union had found it difficult to accept that a European financial conglomerate that included both a bank and an insurance company could engage in only one of these businesses in the United States. Regardless of whether this nondiscriminatory restriction was primarily anticompetitive or could have been justified as a prudential measure, it nonetheless constituted a barrier to trade in financial services. Significant second-pillar barriers are often associated with national regulatory regimes for asset-management services. 16 These include 6 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS across-the-board prohibitions on delegation of functions, such as portfolio management and administrative operations, by the host-country office to a foreign affiliate; extremely strict asset-allocation requirements for a domestic mutual fund or pension fund; and rules that prohibit such funds from investing in foreign securities. 17 While asset management activities raise legitimate prudential concerns about ensuring adequate protection of hostcountry customers, these types of measures often serve primarily to restrict competition, particularly competition from foreign firms (see chapter 5).Nondiscriminatory structural barriers to trade in financial services are not limited to financial sector regulation. Barriers in other areas that are particularly important for the effective functioning of the financial services sector, such as lack of adequate frameworks for corporate governance or insolvency, are part of the international work on strengthening domestic financial systems, which is discussed later in this chapter. Ineffective or nonexistent competition policy regimes, which could foster anticompetitive behavior by private parties, can also create major second-pillar barriers. Differences in national tax systems are yet another source of second -pillar barriers.Discriminatory treatment of foreign firms under national tax or competition rules, however, would be a first-pillar barrier. 18 Second-pillar barriers can also arise from a country’s administrative procedures—in particular, a lack of regulatory transparency and procedural â€Å"fairness. † For example, a country might fail to publish all of its laws, regulations, and administrative decisions; administer them in an impartial manner; establish a meaningful procedure for interested parties to comment on proposed regulations; act on applications for licenses within a reasonable period of time; or provide a mechanism for independent review of administrative decisions.Because regulatory transparency and procedural fairness can be extremely effective in ensuring that commitments to market access and national treatment are fully implemented, they constitute an important underpinning of first-pillar liberalization. The European Union’s single-mark et program represents the most far-reaching effort to date to remove nondiscriminatory structural barriers among a group of nations. Predicated on political agreement on goals for economic liberalization, that effort is being carried out in the context of LIBERALIZATION AND REGULATION 17 the unique supranational legislative, judicial, and administrative structure of the European Community. 9 Even within the European Union, however, important nondiscriminatory structural barriers to trade in financial services among the member states are still in place (see chapter 5). The GATS addresses certain types of second-pillar barriers. Article III (Transparency) imposes a general transparency obligation on WTO members to publish all measures â€Å"of general application† that are relevant to trade in services. 20 Article VI (Domestic Regulation) addresses, in fairly general terms, barriers created by domestic regulations. It requires countries to apply such regulations in a â€Å"rea sonable, objective and impartial manner† to avoid undermining commitments to market access and national treatment. 1 Moreover, countries must have appropriate legal procedures to review administrative decisions affecting trade in services. 22 Article VI also mandates further work to develop disciplines to ensure that licensing requirements or technical standards do not constitute unnecessary barriers to trade in services. Pending the completion of this work, countries must refrain from adopting licensing rules or technical standards that are so burdensome, restrictive of trade, or lacking in transparency that they undermine the benefits that could reasonably be expected from their commitments to national treatment and market access. 23 The GATS deals with additional second-pillar barriers for individual sectors in members’ schedules of commitments.The most far-reaching example is in basic telecommunications, where a substantial majority of the countries that have made c ommitments to national treatment and market access in that sector have incorporated into their schedules— using the â€Å"additional commitments† column—a reference paper setting forth â€Å"procompetitive† regulatory principles. 24 Designed for a sector where dominant suppliers often control essential host-country facilities, these principles seek to ensure that a country’s national treatment and market access commitments will not be undermined. Countries committing to the principles undertake, among other things, to maintain measures to ensure network interconnection on nondiscriminatory terms and to prevent certain anticompetitive practices. 25 In the financial services sector, most OECD countries addressed nondiscriminatory structural barriers in their 1997 schedules of commitments 18 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS imply by making a general â€Å"best efforts† commitment to remove or eliminate any significant adverse effects of such barriers. 26 In addition, the United States and the European Union used the additional commitments column of their schedules to make â€Å"best efforts† commitments to remove specified nondiscriminatory barriers. For example, the U. S. administration committed to try to work with the Congress to remove Glass-Steagall Act restrictions, a goal that was subsequently accomplished, while the European Union pledged that its member states would try to process applications for licenses for banking and insurance subsidiaries within specified periods of time.Japan, under great pressure from its trading partners, went further and made binding commitments regarding removal of certain second-pillar barriers—including restrictions on asset-management services and lack of regulatory transparency and limitations on lines of business in insurance—that were covered in its bilateral financial services agreements with the United States (see chapters 4 and 5). Freedo m of Capital Movements. The third pillar of liberalization involves achieving freedom of capital movements across national borders. Such movements comprise international capital transactions—that is, the creation, transfer of ownership, or liquidation of capital assets, including financial assets—and the payments and transfers associated with such transactions. 27 Restrictions on international capital movements are usually imposed on the underlying transactions as opposed to the related payments and transfers. 8 For example, if a country wished to restrict foreign direct investment in the banking sector, it could prohibit foreign financial firms from acquiring significant ownership interests in host-country banks: it would be unusual to try to achieve this result by permitting the acquisition of the ownership interests while using exchange controls to block payment for them. 29 Although the free movement of capital plays a critical role in allowing efficient allocation of resources on a global basis, the Asian financial crisis of 1997–98 revived a long-standing debate over the appropriateness and effectiveness of capital controls, particularly on short-term flows. 0 Nevertheless, all parties to the debate agree that capital controls can never be a substitute for sound macroeconomic policies and fundamental reforms of domestic financial and legal structures. Indeed, the Asian crisis itself emphasized that weaknesses in domestic financial systems can create significant vulnerabilities LIBERALIZATION AND REGULATION 19 as capital movements are liberalized. At present, conventional wisdom holds that, although imposition of new capital controls should, in general, be avoided, the imposition of limited, temporary capital controls to deal with massive temporary inflows or outflows of short-term debt might be useful in some cases. 1 Moreover, it is now widely recognized that removal of existing controls must be carried out with great care. Of parti cular importance are the pace and appropriate â€Å"sequencing† of liberalization of different types of capital flows and of liberalization of capital movements vis-a-vis structural reforms to strengthen domestic financial systems. 32 Freedom of capital movements per se is not within the purview of the GATS; international capital movements and international trade in financial services are, however, closely related. Establishment of a commercial presence in a host country by a foreign service supplier involves both trade in services under the GATS and international capital transactions.For example, a commitment in the GATS to liberalize financial services trade by allowing foreign financial firms to establish wholly owned subsidiaries is essentially a commitment to allow foreign direct investment that involves the acquisition of 100 percent of the shares of existing or de novo hostcountry financial firms. 33 In theory it is possible that, once established, the subsidiary could conduct its ongoing activities without engaging in additional international capital transactions; however, its activities would need to be limited to transactions with host-country residents involving domestic financial assets. 34 Establishment and operation of branches, which are not separately incorporated in the host country, virtually always involve international capital transactions between the bank’s head office and the branch. 5 These transactions include both foreign direct investment and portfolio investment. 36 For branches conducting a wholesale business, ongoing activities would typically also involve international capital transactions with unaffiliated parties. For cross-border financial services, international capital transactions are typically either integral to, or closely associated with, the provision of the service. For example, international capital transactions are an integral part of accepting deposits from or making loans to nonresidents. In addition, international capital transactions are usually, although not necessarily, associated 20 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS ith financial services such as securities trading or asset management on behalf of a customer residing in another country. 37 By contrast, certain crossborder financial services, such as investment advisory services and financial information services, can be provided without an associated international capital transaction. The usefulness of investment advice might be limited, however, if the customer were prohibited from investing in foreign assets. In general, it is difficult to realize fully the benefits of liberalization of trade in financial services without freedom of capital movements. Financial services trade absolutely requires, however, the liberalization of only those capital movements that are necessary for the trade transaction to occur.In recognition of this relationship, Article XI of the GATS (Payments and Transfers) prohibits WTO members from imposing restrictions on capital transactions or associated payments and transfers that would be inconsistent with their specific commitments to liberalization of trade in services. 38 A footnote to Article XVI (Market Access) provides greater detail—namely, a country that has made a specific commitment to market access must allow (a) capital movements that are â€Å"essential† for the provision of a service in mode 1 (cross-border supply); and (b) inward capital movements that are â€Å"related† to a service supplied through establishment of a commercial presence. 39 The bottom line is that if a country makes a commitment to liberalize trade with respect to a particular financial service in the GATS, it is also making a commitment to liberalize most capital movements associated with the trade liberalization commitment.The country is not, however, making an across-the-board commitment to freedom of capital movements. The GATS provisions dealing with capital movements, like GATS specific commitments to liberalize trade in services, are subject to a balance-of-payments safeguard. 40 Both the capital movements and balance-of-payments safeguard provisions of the GATS refer to and are consistent with the IMF’s responsibilities in these areas. 41 Strengthening Domestic Financial Systems The financial services sector has an elaborate and intensively used framework of international fora that are used, both separately and in combination, LIBERALIZATION AND REGULATION 21 o address overall financial and regulatory policy issues; to promote cooperation and coordination among supervisors; to set voluntary but widely accepted international minimum standards and codes of good practices; and, most recently, to provide â€Å"surveillance† of domestic financial systems. This surveillance includes monitoring and helping to build institutional capacity for implementation of the international standards and codes. The international fo ra dealing with these issues include the Group of Seven (G-7), the Group of Ten (G-10), the Group of Twenty (G-20), the Financial Stability Forum, the Basel Committee on Banking Supervision (Basel Committee), and the International Organization of Securities Commissions (IOSCO), as well as the IMF and the World Bank. 2 The international framework for the financial services sector, which has been constructed over the past quarter century and is still evolving, is a response to two major factors: the internationalization of banking and other financial activities; and the special characteristics of the financial sector, especially the phenomenon of â€Å"systemic risk. † Because of systemic risk, problems with one financial firm can be transmitted to unrelated financial firms, both within and beyond a single country. For example, a chain reaction of problems could be triggered through imitative runs on banks as depositors lose confidence in a banking system, through default on do mestic or international interbank obligations, or through domestic or international payment systems.Problems in a country’s financial sector can also affect the real economy, both domestically and internationally, through declines in output and shifts in trade flows. In addition, the existence of global financial firms, with activities falling within many different national jurisdictions, requires cooperation and coordination among home- and host-country authorities to prevent gaps in supervision. Increasingly, these global firms are financial conglomerates, which means that supervisory cooperation and coordination are necessary across financial subsectors as well as national borders. For these reasons, countries have a stake in the quality of each other’s regulation and supervision of the financial sector and also in ensuring cooperation and coordination among supervisors.In this regard it is useful to distinguish between prudential regulation, which includes, for exa mple, capital and other requirements designed to ensure the safety and 22 THE DOHA ROUND AND FINANCIAL SERVICES NEGOTIATIONS soundness of financial institutions, and supervision, which is aimed at making certain that financial firms adhere to such requirements. The importance of strong, effective supervision cannot be overemphasized; without it, the best prudential rules can be meaningless in practice. The extent to which both experience and good judgment are required for such supervision also needs to be emphasized. Indeed, the role and nature of supervision make it particularly difficult for supervisory authorities to reach recognition agreements based on the harmonization of prudential rules (see chapter 5).While regulation and supervision must be strong and effective, a further complication is that a poorly designed regulatory system—for example, an excessively generous deposit-insurance scheme—can create an unacceptable degree of moral hazard; that is, it may enco urage excessive risk-taking by regulated firms. Accordingly, national regulatory and supervisory systems must be designed to complement and support, but not to substitute for, market discipline. Thus, achieving widespread transparency in both the public and private sectors, including accurate and timely disclosure of financial information, is critical