Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Example for Free

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication. 2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law. 3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U. S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial. 1. Standing of Plaintiffs and Citizens Suits In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an act of environ-mental destruction to impair his livelihood. For example, plaintiffs cannot recover damages for fish killed by pollution because they lack standing, despite the obvious economic loss they suffered. 4 While the destruction of natural aesthetic beauty is a moral outrage that indirectly harms all citizens, under traditional legal standing person no would have standing to sue. 5 Furthermore, environmental laws are designed to prevent catastrophic harm that is often not imminent or contained to one geographic area, as opposed to the narrow, immediate harms that provide the basis of most standing requirements. 6 Strict rulings on standing could stifle environmental enforcement, especially since the Philippines lacks sufficient enforcement capacity and personnel. The Philippine Supreme Court has held that standing requires: Such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions. 7 The plaintiff himself must have some cognizable and redressable injury. Litigating for a general public interest, or â€Å"mere invocation†¦ of [plaintiff’s] duty to preserve the rule of law†¦ is not sufficient to clothe it with standing†¦. †8 However, the standing requirement is considered a technicality that courts may waive if the case concerns a â€Å"paramount public interest. †9 In its dictum in Oposa v. Factorum, the Court said that children might even have intergenerational standing to sue to prevent the destruction of forests for future generations. 10 There are questions as to the strength of these to reduce the standing threshold for environmental plaintiffs. While courts may waive technical standing provisions when a case deals with a paramount public interest, it is not required to do so. 11 Furthermore, judges may reasonably differ on what constitutes a â€Å"paramount public interest† since there is no overriding theme o define it. For example, in Kilosbayan, the Court found that determining the legality of an online lottery system fell within this definition, whereas in Integrated Bar, it held that determining whether deploying marines for crime deterrence violates the Constitution does not. 12 The Court did reduce some of this ambiguity in Oposa by declaring that the right to a balanced and healthful ecology concerns nothing less than self-preservation and self-perpetuation, presumably a â€Å"paramount public interest. †13 However, because the Court’s discussion on standing in Oposa was dictum, neither this claim nor the right to intergenerational standing is binding law upon the lower courts. 14 Without further guidance from the Court, it is likely that many lower court judges would be reluctant to act boldly by declaring that a particular issue is a â€Å"paramount public interest† and would deny standing. Congress tried to reduce the standing threshold with citizen suit provisions in environmental statutes, but these have been of limited use thus far. First, only the Philippine Clean Air and Ecological Solid Waste Management Acts contain citizen suit provisions;15 notably, the Philippine Clean Water Act, enacted after these two laws, does not. 16 Second, citizens still bear the risk of paying a winning defendant’s attorney’s fees, which could be costly enough to discourage even valid suits. Most importantly, these suits are still subject to the â€Å"actual controversy† requirement of the Constitution. 17 What this means in the context of citizen suits has not yet been heavily litigated in the Philippines. However, lower court judges often require plaintiffs to show actual injury in the narrow or traditional legal sense. 18 Likewise, when prosecutors deputize citizens to enforce a suit, judges sometimes insist that such deputization is only valid for a single case or even invalid under the Rules of the Court. 19 As a result, citizens suit provisions have been largely unused. 20 Standing under environmental laws is hotly contested in the U. S. 21 The U. S. has put citizens’ suit provisions into almost all of its environmental laws. 22 Plaintiffs are required to show 1) an injury in fact, 2) causation between the injury and the defendant’s actions, and 3) redressability in court. 23 NGOs can sue upon a showing that any of their members would have had standing to sue. 24 The focus is not on the injury to the environment, but rather the injury to the plaintiff or NGO representing him. However, the injury can be economic or non-pecuniary, including aesthetic or recreational value. 25 The Court also held that civil penalties payable to the U. S. Treasury serve as redress as they deter polluters. 26 Causation is often the more difficult element to prove, which will be discussed below in  § 4. In New Zealand, the Environment Court has taken a more radical approach. It has eliminated formal standing provisions, requiring only that a plaintiff have a greater interest than the public generally in a controversy or that he represents a relevant public interest. 27 This makes citizen enforcement very easy. However, one might also be concerned about whether this would overburden the court; granting standing is a fine balance between permitting valid environmental claims and risking frivolous litigation. 2. Class Actions and Large Number of Plaintiffs As the notorious mudslide at Ormoc in 1991 and Marcopper mine tailings in Marinduque show, injuries from environmental damage can be grave, costly, and affect a huge number of persons. 28 Even in less publicized events, the number of injured persons may often make individual litigation burdensome and complex. Furthermore, some members of an injured class may be too poor to prosecute their claims individually. Class action suits can facilitate litigation of such situations by providing for: [T]he protection of the defendant from inconsistent obligations, the protection of the interests of absentees, the provision of a convenient and economical means for disposing of similar lawsuits, and the facilitation of the spreading of litigation costs among numerous litigants with similar claims. 29 Other studies have shown that class action suits can provide important social benefits and encourage citizen enforcement to supplement agency regulation. 30 Class actions may the discourage attorney disloyalty that encourages lawyers to plea bargain for less than the actual injury. As happened in the Chinese poachers case in Palawan, lawyers or prosecutors may not seek full compensation for the damage caused because they have an incentive to expend less time and money on a small case. 31 However, because class actions provide aggregate incentives for lawyers, and fees and settlements undergo higher judicial scrutiny, such â€Å"disloyal† settlements are less likely to occur. 32 While the Philippine Rules of the Court provide for class action suits,33 judges will sometimes be reluctant to certify classes and instead treat the injuries of plaintiffs as separate, despite any common questions of law or fact. In Newsweek, Inc. v. IAC, the Supreme Court ruled that a defamatory remark directed at 8,500 sugar planters do not necessarily apply to every individual in a group, and therefore are not actionable as a class action. 34 Likewise, a judge might refuse to certify a class of pollution victims because they suffer different types of physical injuries, even if the source was the same pollution. In a more litigated legal system, there would be more case law to guide judges on the appropriateness of class actions. However, in the Philippines, this does not yet exist. Add to this the high cost for lawyers, and class actions become even less feasible for most Philippine plaintiffs. 35 In the U. S. , it is much easier to litigate environmental class action suits. The Supreme Court has clearly instructed courts to construe its class action rules liberally and encourage class action suits. 36 This limits judicial discretion in refusing to certify classes to only extreme situations. Furthermore, the rules allow plaintiffs to join by default rather than affirmatively. 37 For environmental cases, the courts will look at the potential number of plaintiffs or the size of the estimated areas that a pollutant has infected to see if plaintiffs have met the numerosity requirement, but they are not required to meet a certain minimum number. 38 For the Philippines, which, unlike the U. S. , has too few environmental class action suits, adopting some of these mechanisms may create a more efficient adjudication process for plaintiffs, defendants, and the courts. 3. Statute of Limitations and Delayed Injuries Unlike a traditional tort or crime, many environmental injuries are not discrete events but only manifest themselves after many years. Pollutants may build up in soils, waters, or human bodies for years without reaching a dangerous level. Cleanup of such sites can take even longer. For example, when the U. S. military left Subic Bay in 1992, it left behind hazardous waste sites with contaminated water that continue to poison the land over a decade later. 39 However, for environmental torts, the statute of limitations is four years, a relatively brief time. This could preclude the litigation of injuries from pollutants with an onset delayed for many years. Thus far statutes of limitation issues have not been a significant factor in environmental litigation. The Philippine Supreme Court addresses similar problems in other fields of law with the discovery rule, allowing the statute of limitations to run when the plaintiff actually or should reasonably have discovered the injury. 40 However, as the courts handle more brown environment cases, it will have to address the tensions between punishing past violators and protecting defendants from time-barred claims. 41 U. S. courts have adopted the due diligence discovery rule, particularly for Clean Water Act and wetlands violations. Because immediate detection of pollution or illegal fill into a wetlands is almost impossible, applying a statute of limitations strictly would defeat the remedial purpose of the act. 42 Courts try to effectuate the Congressional purpose of the statute with the due diligence discovery rule and giving the government a chance to file action against the polluter once the violation is reported to the EPA. 43 Some courts44 realize that a statute of limitation may be inappropriate for cases when pollution continues to cause problems over time. These courts argue that a: Defendants unpermitted discharge of dredged or fill materials into wetlands on the site is a continuing violation for as long as the fill remains. Accordingly, the five-year statute of limitations †¦ has not yet begun to run. 45 The statute of limitation will not run for as long as the pollution remains. Many courts will also treat common law tort nuisances as continuing violations. 46 This approach has the added benefit of allowing the government to fine violators for each day the pollution remains, capturing the more of the costs of environmental destruction. 47 Much of U. S. case law regarding the effect of statutes of limitations on environmental issues comes from ambiguities in the statute of limitation for complex processes, particularly the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Superfund law. 48 Because Congress anticipated the complexity and long-term nature of site cleanups, it structured the statute of limitations in a flexible manner, allowing the court hear an initial cost recovery action prior to issuing a declaratory judgment to avoid letting the statute run. It also allows the plaintiff to file subsequent cost-recovery actions to recapture further response costs incurred at the site. 49 However, the law’s different statutes of limitation for remedial and removal actions phases of the cleanup has led to confusion over how the phases are defined. Courts often defer to EPA determinations in characterizing the type of action due to its technical expertise, rather than making that judgment itself. 50 4. Meeting the Burden of Proof In environmental cases, there may be no line of direct evidence from the perpetrator to the harm. In pollution cases it is often impossible to prove that the plaintiff’s harm was caused by his exposure to the toxic material. 51 For example, if several factories dump pollution into Manila Bay, it is impossible to determine which caused a particular environmental harm. Furthermore, the courts cannot expect absolute scientific certainty on the effects of a health risk such as electro-magnetic fields from power cables. 52 Given these problems, the traditional burden of proof standards, preponderance for civil cases and beyond a reasonable doubt for criminal,53 may prove to be prohibitively high. Philippine courts employ liability-shifting mechanisms to manage this difficulty in environmental cases. For example, pursuant to the Fisheries Code, courts use reverse burden of proof to place the burden of exculpation on defendants found with high-explosive or cyanide fishing gear. 54 Furthermore, the courts have begun to experiment with the precautionary principle, placing the constitutional rights to health and safety above development. 55 The courts also employs res ipsa loquitor in tort suits,56 although this has not been a prominent feature of environmental litigation. Plaintiffs may also hold multiple defendants jointly and severally liable for an act of environmental destruction that cannot be traced to a single defendant company, such as the pollution in Manila Bay. 57 Until recently, Philippine lawmakers did not see a need to introduce a strict liability58 regime into environmental laws. 59 Strict liability was employed in other fields, but not environ-mental laws. More recent anti-pollution laws such as the Clean Air and Solid Waste Management Acts establish that a violation of the standard is actionable through citizen suits. 60 In U. S. , because of its common law tradition, courts are more willing to employ strict liability. Generally, when a defendant, â€Å"though without fault, has engaged in [a] perilous activity †¦, there is no justification for relieving it of liability. †61 Such â€Å"perilous activities† include operating explosives, nuclear energy, hydropower, fire, high-energy explosives, poisons, and other extremely hazardous materials. 62 For citizens suits under environmental statutes, plaintiffs need only show that the law was violated, not prove fault or any actual or threatened harm, without regard to mens rea. 63 When it is impossible to determine the proportion of fault of a large number of defendants, U. S. courts may approximate fault through other indicators, including market share and production output. For example, in Hymowitz v. Eli Lilly ; Co. , the New York Court of Appeals calculated the size of each defendant drug company’s market share for DES to determine their fault in the injuries caused by the drug. 64 This also allows courts to address injuries sustained in the past by approximating past fault through data available in the present. The Environment Court in New Zealand has adopted an even more radical approach and done away with formal burdens of proof. It focuses instead on obtaining the best possible evidence for a case. This makes it easier for plaintiffs appealing to the court to dislodge an unfavorable opinion from a lower court. 65 While the Philippine Supreme Court may not wish to go this far, the court could more strict liability for hazardous materials and market share liability tools. 5. Damages and Remedies Even if a plaintiff wins damages from a defendant, if the defendant keeps polluting or cutting trees, the damage will continue. 66 In the Philippines, this is particularly problematic as the fines and penalties imposed under law are often not enough to change a company’s behavior. In order to encourage development, Congress prohibited temporary restraining orders against government projects. 67 Since government infrastructure projects can cause massive damage to ecosystems, this prohibition is significant. Some courts try to avoid this loophole by claiming that the prohibition cannot violate a person’s constitutional right to health or safety. 68 The extent of this loophole is unclear. Finally, even if a plaintiff or prosecution wins its case, most of the time the true costs of the defendant’s actions will not be reflected in the award. Damages in civil cases and punishments in criminal cases generally capture the costs of any suffering caused to humans, not animals or plants. While some settlements may include forcing a defendant to install pollution-control equipment or contribute money to conservation programs, this still likely does not recoup the full extent of damage to the environment. It is difficult to regenerate natural forest, coral reefs, or populations of endangered animals. The judicial system does not have much power to remedy this problem. The decision on the purpose of environmental laws and how much plaintiffs recover is for the Congress. However, it is important for judges to understand that environmental cases deal with only a fraction of the true costs of environmental damage. This may convince some judges to be more sympathetic toward environmental cases. While punishments for defendants may seem exorbitant, understanding the unaccounted costs of environmental damage puts these into perspective. B. Access to and Competency of Justice Aside from the legal issues described above, in any country, there are a host of practical and logistical issues that impede the judicial system’s ability to handle environmental cases. This includes the lack of financial resources of plaintiffs, particularly in poorer parts of the Philippines. Plaintiffs and their lawyers must also feel safe from physical and financial harassment while litigating their case. On the other hand, both courts and lawyers are often unfamiliar with environmental laws and science, limiting their ability to adjudicate in the field. Finally, court dockets are often congested, and environmental cases are not given priority. The judicial system’s role in addressing these issues ranges from fairly involved to almost no role. Yet, in attempting to understand environmental adjudication in the Philippines, it is crucial to recognize the role these practical realities play. 1. Financial Costs of Adjudication In any legal system, filing and litigating a case takes an enormous amount of time and money. Philippine courts impose a filing and transcript fee, although these are waived for citizens suits. Reflecting on his experiences, famous environmental attorney Antonio Oposa suggested that these costs were the greatest inhibitions for most plaintiffs. 69 Furthermore, for injunctive remedies, plaintiffs must post a bond to cover the defendant’s potential damages, which may be too large for a poor plaintiff with livestock and property as his only assets. 70 Most Philippine lawyers do not use a contingency fee system, so plaintiffs must be able to pay for legal services up front and over the lengthy litigation process. 71 On top of this, there is the risk of financially crushing harassment suits from defendants, or Strategic Lawsuit Against Public Participation (SLAPP). Even the logistics of feeding and housing witnesses, and their lost time from work, poses significant problems for predominantly poorer plaintiffs. In the U. S. , NGOs often receive enough donations to allow them to engage in litigation and have staff lawyers. More importantly, plaintiffs’ attorneys often work on a contingency basis, allowing poorer plaintiffs to avoid large financial risk. Furthermore, NGOs and environmental groups seeking injunctive remedies are often required only to pay a nominal bond or may be exempted completely. 72 While some might worry this makes litigation in the U. S. too easy, it drastically improves poor people’s access to justice. Pursuant to the Constitution’s emphasis on the poor, the Supreme Court of the Philippines has taken some efforts to alleviate this problem. Poorer plaintiffs are exempted from paying docket, transcript, and other fees and are granted free legal counsel. Furthermore, the Court provides an annual grant to the Integrated Bar of the Philippines’ Free Legal Aid Program. 73 However, not all environmental plaintiffs qualify as poor, particularly NGOs, even though they often have limited financial resources. Furthermore, even though the amount of the bond is under the discretion of the judge, judges are reluctant to do this because they worry about being accused of abusing their discretion. 74 2. Harassment of Plaintiffs and Lawyers Because of the high stakes involved in environmental cases, defendants may go to extraordinary means to intimidate and harass plaintiffs and their lawyers. It is not uncommon for defendants to lodge harassment or SLAPP suits against environmental plaintiffs or DENR prosecutors to attempt to force them to drop their charges. 75 Enforcers who confiscate the equipment of criminals are often sued for robbery. 76 Some defendants take even more extreme means such as physical violence or even murder. 77 Such dangers were recently illustrated by the murder of environmental advocate Elpidio de la Victoria and death threats against attorney Oposa. 78 This makes lawyers unwilling to take on difficult environmental cases. To stifle SLAPP suits, the courts should promptly apply the anti-SLAPP provisions in the Philippine Clean Air and Ecological Solid Waste Management Acts when applicable. 79 This means dismissing any harassment suits as quickly as possible. However, plaintiffs relying on other laws have less protection. 80 Congress must expand the use of anti-SLAPP provisions to other environmental laws. Furthermore, law enforcement must vigorously prosecute any defendants who resort to violence. In short, to facilitate environmental cases, the court must protect the ones bringing the cases. 3. Technical Knowledge Among Judges and Attorneys Judges must decide questions of science as well as law in order to dispose of most environmental cases. This is particularly true for brown issues, which involve uncertain science regarding the exact effects of a pollutant. In the U. S. , scientific understanding of pollutants led to new classes of trespass and tort suits that held emitters liable for their actions. 81 However, both sides in a case will try to use any scientific uncertainty to their advantage, or even create scientific uncertainty even when it does not exist in order to confuse the court. Judges must understand what scientific evidence should be admitted and what is not valid. 82 Judges and lawyers need to understand the science well enough to determine which arguments are unfounded and which are plausible. Because general the courts have general jurisdiction and are not specialized in environmental issues, this problem will have to be addressed by providing judges and lawyers with supplemental training in environmental sciences and law. PHILJA and other organizations are already successfully doing this. 83 Eventually, however, this problem may be resolved through a change in the adjudication system. If the Philippines moves toward environmental courts or administrative adjudication84 (as is being considered), judges would be trained specifically to handle environmental cases. 4. Obtaining and Preserving Evidence For green issues, preserving evidence may be difficult. After an illegal logger or fisher is captured, DENR can confiscate the logs and fish. These goods rot or deteriorate over time. Proper procedure requires taking pictures of the logs and fish for admission into court. Specially trained fish examiners prepare reports on the cause of death of fish. When done correctly, this preserves the evidence for use at court. However, some areas may not have fish examiners on hand or the prosecution may not properly prepare the pictures for admissible evidence. It is not uncommon for custodians of the confiscated items to lose track of them over time. Because cases take so long in the court system, this can be a real problem. 85 It is also difficult for enforcement agents to find and confiscate the equipment and vehicles used in environmental crimes, as the boats and trucks perpetrators use are highly mobile. Despite the inconvenience it may cause defendants, such equipment must be held as evidence and to prevent further environmental damage. The accused, or unindicted conspirators, will often petition for the release of their equipment. 86 Unfortunately, sympathetic lower court judges may sometimes grant these requests, despite the contravening case law. 87 Moreover, prosecutors must have the vehicles stored in a safe area despite the lack of storage space. Finally, it is important for enforcers to determine the location of violators, particularly close to the boundaries of natural parks. Community enforcers may not be trained in determining the exact location of where they apprehended the violators. Wealthier units can use GPS, but often the location of apprehension is disputed. 88 Any doubt in this area can destroy the prosecution’s case. 5. Docket Congestion In many countries, including the Philippines, courts are overburdened with cases. Yet, the Philippines’ forests and animals are already disappearing quickly. Irreversible damage to ecosystems can occur much more quickly than the many years it may take the court system to resolve a case. As Prof. La Vina noted, the environment cannot wait for the court system. 89 According to Justice Nazario, the Philippines needs over 300 trial court judges to fill the vacancies and resolve pending cases. 90 Low pay discourages the few who are qualified. Many of these vacancies are in remote parts of the country, such as Nueva Ecija, Occidental Mindoro, and Surigao Norte, where much of the fishing and forestry violations occur. Furthermore, the Supreme Court is burdened by the large amount of cases granted review each year, including the automatic review for death penalty cases. 91 Given this burdensome congestion, environmental cases are not given any special treatment on their own merits. Criminal environmental cases may be somewhat more expedited because they involve criminal punishments, but most judges and lawyers show no urgency with regard to environmental cases. 92 The Supreme Court attempted to alleviate this problem with Administrative Order No. 150B-93, setting up special courts to handle illegal logging, but these remain underutilized. 93 Until cases can move through the court system more quickly, the enforcement of environmental law will be delayed. III. Conclusion This paper has highlighted important legal and practical issues preventing efficient adjudication of environmental cases in the Philippines. However, due to logistical and budgetary constraints, this paper focused mostly on case law from the Supreme Court and the personal experiences of lawyers. In order to fully understand environmental adjudication throughout the court system, further research should ideally analyze environmental cases from all Municipal and Regional Trial Courts, Courts of Appeal, and the Supreme Court. It is important to see how cases area actually treated, particularly with respect to the issues examined in this paper. Furthermore, there may be important regional variations, particularly between areas with more natural resources and more urban areas. Even before such a study is undertaken, the courts can apply several lessons from this paper in the near future. First, while the courts have already taken commendable steps to waive filing fees and other costs for paupers, as mentioned above the definition of pauper may be under inclusive by not including NGOs. The courts should consider other definitions to reflect the realities of environmental NGOs. 94 Second, the Supreme Court should instruct the courts to dismiss SLAPP suits expeditiously. While the natural resource laws may not have anti-SLAPP provisions, Congress clearly did not intend to encourage such suits and there is nothing legally preventing the courts from dismissing them faster. Finally, the courts can address standing for citizens and class action suits. In particular, it should set out a clear position on standing in environmental cases. Other challenges will require long-term planning for the courts. Reducing the docket congestion is critical to expedite justice, although doing this will likely take years and require more judges. Likewise, the ongoing effort to train judges and lawyers in environmental law and science must continue, particularly as new judges and lawyers enter the judicial system. The courts should also familiarize themselves with the legal mechanisms available to them, particularly in shifting the burden of proof. However, this will be most useful in pollution cases as they become more common in the future. Ultimately, the challenges described above will require multifaceted solutions from various stakeholders in the Philippine legal system. For example, Congress must work to improve standing and citizens suit provisions in other environmental laws. To reduce the financial risk of brining a suit, law firms could move toward a contingency fee system. Furthermore, it is the responsibility of DENR and environmental agencies to ensure that evidence is properly recorded and preserved. Finally, as the Philippine grows and wealth spreads, more plaintiffs will be able to undergo the financial costs of adjudication. Eventually, the best solution to these challenges may come not from within the courts but from a new adjudication system. The U. S. has worked successfully with administrative adjudication for environmental issues in the EPA and Department of Interior. Other countries have set up independent environment courts. Based on the results of further studies and the needs of the country, the Philippines may move to adopt one of these models. This would allow expert adjudicators to handle cases under rules that make sense for environmental issues. Finally, it is important for judges at all levels of the judicial system to understand the severity of environmental degradation in the Philippines. The only redress environmental plaintiffs or prosecutors may have is in their court. Thus, they should not be reluctant to grant standing or award large damages, when appropriate, because doing so will ensure that both humans and the environment have their proper day in court.

Kfcs Explosive Growth in China Essay Example for Free

Kfcs Explosive Growth in China Essay Kentucky fried Chicken (KFC) has achieved another milestone in delivery. The explosive growth in Asian region most particularly in their current trends in China that KFC fried chicken, burger and fries is gaining its way to superstardom. In China, Yum! Brands is opening a KFC store every day. But this is not the KFC you know in America. A recent case study written by professor David Bell and Agribusiness Program director Mary Shelman reveals how the chicken giant adapted its famous fast-food formula for the local market. Key concepts include: In China, KFCs strategy was to be part of the local community, not be seen as a foreign presence. (Su, 2011) China division chairman and CEO Sam Su combined the best ideas from the US fast-food model and adapted them to serve the needs of the Chinese consumer. Only a small number of menu items would be familiar to Western visitors—the Chinese KFC offerings include fried dough sticks, egg tarts, and foods tailored to the tastes of specific regions within the country. To counter concerns about fast food and obesity, Su offered a healthier menu and supports exercise and youth events. The traditional strategy is the involvement of their culture has largely influence the family ties to consider their food. According to Bell (2011) one key issue the case examines is how to implement the rollout of a fast-food chain involving so many stores across such a vast—and regionally different—country.† (Stravish, 2011) When their customers walked into their restaurant they see Chinese customer service. Chinese food and Chinese employees welcome customers and that’s why it becomes easy for them to initiate interaction. Sus strategy was that KFC would not be seen as a foreign presence but as part of the local community â€Å"There is no room for ego,† (Su, 2011) China doesnt have the same culture of individualism that is present in the United States. (Su, 2011) Along with being smart, driven and great entrepreneur, Su hired the right people. For Su, this meant employees who read and spoke the language, who understood the restaurant business and Chinese consumer, and also experience on doing business in the Western way. Trained labor is a very valuable asset even in a land of 1.3 billion-plus people. (Stravish, 2011) The large conflicting crowd should have one idea about the taste and preference as much as possible they have outperformed the number one fast food chain, which is McDonald. Sam Su also consider diversification of food items so that they can cater to a wider customer range especially those  people who are healthy conscious about their body, they offer fat free food and vegetables menu to their customers that attract and re-invent even more heterogeneous customer demand. The wide variety of choices can help the customers to make healthy options and balance diet, their strategy also involve presenting their choices. They have also practice sponsorship and promotion about healthy living in 2010 that has become another successful endeavor on their part that various exercises has been promoted inside the stores and customers are free to join, they have gathered at least 260,000 customer participants in 438 key cities. Their promotion has been very successful that makes their store even more popular. (Starvish, 2011) KFC and China has become a Yum Republic. It is certain that globalization not only helps KFC profits, but it’s international, which benefits China and the consumers. Additionally some of their popular food sisters company includes Taco Bell, Pizza Hut, Long John Silver and AW All American Food. I believe globalization happens to be great for the country and the overall market economy because it promotes prosperity to participating countries. All that we need to do is educate people on multiculturalism and diversity within the work place, as well as the sensitivity of culture within participating countries. Opportunity costs, trade terms, balance trades, comparative advantages, changes in consumption and production, and how much cheaper it is to purchase than to produce are some benefits to globalization. The greater interdependence that globalization is causing means an increasingly freer flow of goods, services, money, people, and idea across national borders. (WildWild, 6th ed, pg 6) Su has done a great job on hiring employees that know the language, understand the business and Chinese customers, and also having experience on doing business the Western way. Because of technological changes, continuous development and research, the market economy remains to be dynamic. Reference: Starvish. (2011). KFCs Explosive Growth in China. HBS Cases. Retrieved from http://hbswk.hbs.edu/item/6704.html WildWild. International business: the challenges of globalization/ John J. Wild, Kenneth L. Wild- 6th ed.

Recruiting Source Choices Internal vs. External

Recruiting Source Choices Internal vs. External The article is about recruitment source choices. The author was studying internal and external recruitment methods to find out which one is appropriate and in which situation it is applicable. The recruitment source selection is a course step, which is mostly about the combination of the cost and the speed of the selection of the new worker. The major issue for the human resource recruiter is about the preference between the internal and external recruitment. The tool used in was use examination of secondary information. The population studied was the employees. Internal recruitment offers the opportunity to the workers of the organization; however it is not appropriate for all the job vacancies. External recruitment is costly, it takes longer time and the new worker does not know the organization moreover the learning curve is not complex. Internal recruitment is the best tool for the job vacancies, this is because the experience is available within the organization furthermore; it enables the use of human capital competently as the employees shift to the job positions, the employees value added for the company is maximized (http://yourhrmguide.com/content/recruitment-source-selection-internal-or-external-recruitment). External recruitment is appropriate for the job vacancy where the company needs to improve its competence for the external know-how and for the job positions, which are private and they cannot be declared internally to employees. The external recruitment is mostly used when the organization needs stability and the employees cannot shift from the job position to another. Internal recruitment is the best recruitment tool when the organization improves its processes and services given to the other divisions in the organization or to the external clients. The external recruitment ought to be used when the company wants to introduce a new field of the corporation and it needs to increase an expertise and knowledge quickly. Section 2 How does having multiple recruiting means help enterprise establish its brand? Having multiple recruiting means help enterprise establish its brand because it offers variety of choices to all clients. By doing this it expands the range n which the firm reaches its clients. For instance since the company has an MTV show, an online game and other recruitment methods, clients choose the method they like most. The MTV show is very interesting and it has attracted many candidates. The contenders were asked questions and were judged in relation to their answers, since three out of four candidates were offered jobs, this has attracted many contenders and as a result there were many referrals. The variety of activities in the firm has helped in enterprise recruitment which has accordingly assisted its strategic goal of launching its employment brand. This is because the program combines all of enterprise recruitment resources and advertisement its website as well as other recruitment efforts. The television show and the online games were attention getters but what has made the enterprise expand the most is from employee referrals. The enterprise workers who refer candidates are heavily rewarded to up to $500 to $1,500 and additionally get permanent employment. It is an advantage since the referrals check out the firm and mention the enterprise to others thereby expanding the pool of potential recruits. This has really helped the enterprise8 in establishing its brand. Go to the enterprise website (www.erac.com/recruit) and the click on tab About Enterprise. Check out the online game, career opportunities and other components. Then evaluate how effective you feel the website is an employment branding and recruiting The companys website give me the business is very popular. The game lets people have an experience of a customer service corporation. It is virtual marketing of enterprise and its fun culture as a result; it is an employment branding and recruiting resource. The graphics, web contents, and designs bring credit for the firm. The companys website is scalable and of high quality hence very effective. It is a specialized website since it offers the most-valuable messages, services such as games and specific products to his clients and since any one can browse and scrutinize about the services profoundly and independently it is an employment branding and recruiting resource. Section 3 What are some advantages and disadvantages of recruiting internally versus recruiting externally? Advantages of internal recruitment are that; it is less expensive since it does not involve paying external agency for recruitment. It improves the morale of existing employees; there is recognition and reward of the excellent performance of internal employees. Internal recruitment reinforces and supports the organizations succession planning strategies. Internal staffs have existing information accessible about their skills. Disadvantages of internal recruitment are that it can reinforce existing negative behavior; there will be the risk of in breeding. Employees that are not promoted can become unhappy. In internal recruitment a strong performance management structure is required and it can promote political infighting amongst internal employees. Advantages of external recruitment are that; it avoids the risk of forming resentment by endorsing the favorites from the inside. The employees from the outside introduce fresh ideas, skills and knowledge. External recruitment forces internal staff to update their skills and education; it helps to facilitate change in mores. The disadvantages of external recruitment are that; new employees may not fit the existing customs within the organization. It might affect the morale of internal employees who have been over-looked. It needs a longer period of orientation and induction; assists to facilitate change in customs in the organization. Another disadvantage is that it may take longer to fill up the position and it may as well create resentment from existing workers (http://yourhrmguide.com/content/recruitment-source-selection-internal-or-external-recruitment).

Free Will in Oedipus the King Essay -- Sophocles Oedipus Rex Essays

Free Will in Oedipus the King Oedipus the King by Sophocles is the story of a man who was destined to kill his father and marry his mother. The story continues in the tradition of classic Greek plays, which were based upon the Greeks’ beliefs at the time. The ancient Greeks believed that their gods decided what would ultimately happen to each and every person. Since those gods destined Oedipus to kill his father and marry his mother, Oedipus’ life was definitely fated. However, the gods only decided where Oedipus’ life would eventually lead; they never planned the route he would take to get there. All the decisions that Oedipus made in order to fulfill his destiny, and the decisions he made after the fact, were of his own free will, and were largely shaped by his mien. Probably the most relevant examples of the exercise of free will are in the events which lead up to the play and which fulfill Oedipus’ prophecy. When Laius and Jocasta hear of their newborn son’s fate, their first instinct is to kill Baby Oedipus. But they cannot do the deed outright; they instead make the choice to pin his feet together and leave him on a mountainside. This turns out not to be the best choice for them, but at least it was a choice. Perhaps the most barefaced example of free will is in the murder of Laius and his men—not so much the murders themselves but the circumstances surrounding the murders. This is how Oedipus describes the incident to Jocasta: Making my way toward this triple crossroad I began to see a herald, then a brace of colts drawing a wagon, and mounted on the bench†¦a man, just as you’ve described him, coming face-to-face, and the one in the lead and the old man himself were about to thrust me off the road—brute force— a... ...is eyes out and Jocasta would hang herself. The people involved were completely responsible for their actions. Technically, everything that happened in the play was outside the realm of the prophecy since the prophecy was fulfilled before the story even started, so therefore, there is no fate in Oedipus the King! Free will is abound in Oedipus the King; any character who makes a decision of their own accord is a testament to that. Even Oedipus, whose life was fated from the start, made many decisions, ranging from how to fulfill his destiny to how to punish himself after finding out he had indeed murdered his father and married his mother, and most of which were shaped largely by his personality. WORKS CITED Sophocles. â€Å"Oedipus the King.† The Bedford Introduction to Literature. Ed. Michael Meyer. 6th ed. Boston: Bedford/St. Martin’s, 2002. 1289-1331.

resistence basic guide :: essays research papers

A basic guide to resistance. Electron Flow Model Everything is made of very small particles called atoms. Each atom has a heavy positively charged nucleus and is surrounded by a cloud of light, negatively charged, electrons. In metals, the outer most electron of each atom is weakly attracted to the positive nucleus and can escape from the atom and wander around between the atoms. [Note 1] So, in metals, we have all these millions and millions of electrons whizzing about at high speed, in random directions, between the fixed atoms. When you connect the piece of metal across a battery all these electrons are still whizzing about at random, BUT they are also forced to slowly drift in one direction. This slow drift is called the current. [Note 2] As the electrons are forced through the metal they collide with the atoms and transfer energy to them. This is where the word resistance comes in. The electrons experience resistance to their forced movement between the atoms. When the electrons collide with the atoms the electrons lose energy and slow down, the atoms gain energy and vibrate faster. You should know that the faster the vibration of particles the hotter the temperature of the material is. So the energy from the battery, that is used to force the electrons to move, is transferred to the atoms, and we see this as the metal getting hotter. The resistance of a metal always leads to a heating effect when a current is passed through it. The size of the resistance will depend on the type of metal, and its dimensions. Note 1 The regular arrangement of atoms in metals is called the "lattice" or "crystal lattice". The electrons are not completely free from the nuclei so it is not quite correct to describe the electrons as "free electrons" or the atoms as "positive ions". However, in many books you will see metals described as "a sea of electrons moving randomly through a lattice of positive ions." In newer books and your GCSE specification you might find the atom parts described as "positive atomic kernels". Anyway, this whole arrangement is known as "metal bonding" and the attraction of the electrons to the positive atomic kernels produces the characteristic properties of metals. Note 2 The current in a metal is due to the drift of electrons. Without the atomic model many people get the idea that charges (electrons) flow out of one end of a battery, through the wire, and then back in to the other end of the battery.

moralhf Essays - Adventures Of Huck Finn And Moral Progress :: Adventures Huckleberry Huck Finn Essays

Adventures Of Huck Finn And Moral Progress    The main character of Mark Twain's Huckleberry Finn undergoes a total moral transformation upon having to make life defining decisions throughout his journey for a new life. Huck emerges into the novel with an inferiority complex caused by living with a drunken and abusive father, and with the absence of any direction. It is at this point where Huck is first seen without any concept of morality. Fortunately, Huck is later assisted by the guidance of Jim, a runaway slave who joins him on his journey and helps Huck gain his own sense of morality. Throughout Huck's adventures, he is put into numerous situations where he must look within himself and use his own judgement to make fundamental decisions that will effect the morals of which Huck will carry with him throughout his life. Preceding the start of the novel, Miss Watson and the widow have been granted custody of Huck, an uncivilized boy who possesses no morals. Huck looks up to a boy named Tom Sawyer who has decided he is going to start a gang. In order for one to become a member, they must consent to the murdering of their families if they break the rules of the gang. It was at this time that one of the boys realized that Huck did not have a real family. They talked it over, and they was going to rule me out, because they said every boy must have a family or something to kill, or else it wouldn't be fair and square for the others. Well, nobody could think of anything to do- everybody was stumped, and set still. I was most ready to cry; but all at once I thought of a way, and so I offered them Miss Watson-they could kill her (17-18). At this moment, Huck is at the peak of his immorality. A person with morals would not willingly sacrifice the life of someone else just in order to be part of a gang. It is at this point where Huck can now begin his journey of moral progression. Huck encounters his first major dilemma when he comes across the wrecked steamboat and three criminals. When J im and Huck take the skiff for themselves, leaving the three robbers stranded, Huck realizes that he has left them to die. moralhf Essays - Adventures Of Huck Finn And Moral Progress :: Adventures Huckleberry Huck Finn Essays Adventures Of Huck Finn And Moral Progress    The main character of Mark Twain's Huckleberry Finn undergoes a total moral transformation upon having to make life defining decisions throughout his journey for a new life. Huck emerges into the novel with an inferiority complex caused by living with a drunken and abusive father, and with the absence of any direction. It is at this point where Huck is first seen without any concept of morality. Fortunately, Huck is later assisted by the guidance of Jim, a runaway slave who joins him on his journey and helps Huck gain his own sense of morality. Throughout Huck's adventures, he is put into numerous situations where he must look within himself and use his own judgement to make fundamental decisions that will effect the morals of which Huck will carry with him throughout his life. Preceding the start of the novel, Miss Watson and the widow have been granted custody of Huck, an uncivilized boy who possesses no morals. Huck looks up to a boy named Tom Sawyer who has decided he is going to start a gang. In order for one to become a member, they must consent to the murdering of their families if they break the rules of the gang. It was at this time that one of the boys realized that Huck did not have a real family. They talked it over, and they was going to rule me out, because they said every boy must have a family or something to kill, or else it wouldn't be fair and square for the others. Well, nobody could think of anything to do- everybody was stumped, and set still. I was most ready to cry; but all at once I thought of a way, and so I offered them Miss Watson-they could kill her (17-18). At this moment, Huck is at the peak of his immorality. A person with morals would not willingly sacrifice the life of someone else just in order to be part of a gang. It is at this point where Huck can now begin his journey of moral progression. Huck encounters his first major dilemma when he comes across the wrecked steamboat and three criminals. When J im and Huck take the skiff for themselves, leaving the three robbers stranded, Huck realizes that he has left them to die.

Feelings Of Sadness Essay

This question is about feelings of sadness. Look at the Burial of St John Moore choose one more where there are feelings of sadness. With close reference to the way the poems are written compare and contrast how each speaker conveys his or her feelings of sadness. Show which poem has the more powerful appeal to you emotions. The two poems I am going to use are `The Burial of Sir John Moore` at Corunna by Charles Wolfe and `Remembrance` by Emily Brontà ¯Ã‚ ¿Ã‚ ½. The poem, The Burial of Sir John Moore is a soldier’s-eye-view of what initially appears to be the hurried and rather undignified burial at night of Sir John Moore in an unmarked grave and immediately prior to the retreat of his surviving forces by sea. The clear sadness in this poem is of a death, just what Remembrance deals with. Although Brontà ¯Ã‚ ¿Ã‚ ½ is writing about a death of a lover her use of first person narration, presents the reader with a very powerful description of the emotions surrounding the loss. In the poem, The Burial of Sir John Moore, the funeral they have for the major still respected even though it’s in silence and nothing of what a man of his standards or any soldier should be having. The funeral differs a lot from what a funeral would be if the body was brought back home properly. â€Å"Not a drum was heard, not a funeral note† If that was back home, there would be the complete opposite from that line, all the soldiers would drum and there would be tunes. â€Å"Not a soldier discharged his farewell shot† But on the battlefield they couldn’t make any noise what so ever, therefore the funeral was done in silence. The whole way through the poem you still see how much respect the soldiers have for Sir John Moore, even after he’s dead. They still look up to him as the hero that he is. In the poem â€Å"The Remembrance†, Bronte is talking about her partner that has passed away. Her use of first person narration presents the reader of very powerful descriptions about her love and emotions. The month of December is a very cold and miserable season at times. â€Å"Cold in the earth – and fifteen wild Decembers† So imagining fifteen of them is what life is like for her without her lover. She is never going to find no one like him, â€Å"No later light has lightened up my heaven; No second morn has ever shone for me.† The form of, The Burial of Sir John Moore, is Eight four-line stanzas. The tone is mainly sadness at the loss of a war hero. The reader also senses the loneliness and fear of the soldiers and their guilty haste and nervousness in burying their hero without any form of ceremony. It has a regular rhyming scheme. It creates a sombre and solemn beat which might remind the reader of a military funeral march. The language is simple throughout the whole poem. The imagery creates a sense of their loneliness and fear and also of their pride and courage. The form of Remembrance is a lyric poem or lament written in eight four line verses. The tone at first questioning, doubting, then certain and passionately resolved. The mood is one of despair and grief. It is a regular rhyming scheme. It has the regular beat of a hymn, with the emphasis tending to fall at the beginning and half way through each line. There is also a lot of repetition – â€Å"cold,† â€Å"severed,† â€Å"forget,† â€Å"hopes,† â€Å"my life’s bliss† – to emphasise the effect the death has on the speaker. The bird metaphor in stanza two reflects the flightiness, and inconstancy of human thought. The change of tense in the second half of the poem heralds a change of thought and tone and answers the query raised. She does remember, only too well. â€Å"Fifteen wild Decembers† have not succeeded in dulling the â€Å"rapturous pain† of memory. The hard, unfeeling words of the first half, expressing the coldness of grief such as â€Å"cold,† â€Å"wrong,† â€Å"sever,† â€Å"hover,† â€Å"suffering,† â€Å"wild† â€Å"obscure† give way in the second half to softer words, hymn-like words (not surprising considering her Methodist background) such as â€Å"bliss,† â€Å"golden,† â€Å"joy,† â€Å"cherished,† â€Å"yearning,† â€Å"burning† â€Å"rapturous,† â€Å"anguish.† These words inject the poem with a passion, which reflects the depth of her emotions when she allows herself the luxury of remembrance. Out of both poems I think The Burial of Sir John Moore would come across as the saddest, even though it shows fewer emotions than Remembrance. However, the poem isn’t a depressing one to read, it has a kind of excitement to it, to find out what is going to happen. But the actual story line to both poems are very sad, which is clear as they both are about death.