The Doping Dilemma

Analytical Summary Paper: The Doping Dilemma In â€Å"The Doping Dilemma†, Michael Shermer writes about the consequences and the ethics behind performance enhancing substances in professional sports. He begins with an anecdote, which describes the feeling of getting â€Å"dropped by your competitors on a climb† (420:2). As described by the author in the development of the story, every athlete has a genetic limitation that regular training cannot exceed (421:4). According to Shermer, the only thing to be done is to dope.Arguing that, in order for an individual to stay competitive nowadays, he needs to make use of performance enhancing substances. Shermer concludes that today’s drugs are better, harder to test, and the incentives usually favor them (421:8/422:9). The author effectively argues that there should be a direct shift on the incentives regarding sports doping. His experience read as a reflective narrative to young competitors who are now starting, and to those who are already veterans.He believes that sports should return to the foundation of celebrating those rewarded by excellence, aided only by their determination to succeed. Shermer points out the scenario professional athletes have been facing since the 1990’s. Making performance enhancing drugs part of the team’s â€Å"medical program†, team members are bound to embrace illegal substances in their preparation before they are cut from the team (421:6). According to Shermer, his reasons for competing did not match the principles behind doping.He was a thirty-year-old academic with a career to return to, cycling just to test his physical limitations. However, he could relate to the young, amateur athletes who earn their living through sports and have no other ambitions in life, other than compete and win. These same athletes, who are convinced that â€Å"everyone else† dopes; therefore, they should do it too (421:7). Even though we rather deceive our m inds from even considering that such competitors use drugs, we are lead to believe that they are left without option and support from athletic departments, teams, and confederations.From my perspective, it is clear why, many times, our â€Å"idols† end up giving in to illicit substances. First of all, due to the evolution of drugs: the industry for these products has experienced an unpredictable growth in demand, making researchers and developers work harder on the final product to be more effective. Second, the competition between takers and testers has been consistently won by those guilty of the cause. Consequently, emphasizing the scientist’s advantage – whose work is constantly and solely dedicated to mislead testers – to over perform them in their own game.In addition to that, I believe that amateur athletes begin their journey as sportsman at a relatively young age. Uneducated and immature, without familiar and technical support to back them up, th ey might end up on the wrong track towards success. Very early the doping chain reaches them: professionals dope in order to stay competitive, and, before they know, they are doping too; however, simply to compete. While Shermer asserts that the third reason for the success of doping is the incentive behind it, he provides multiple concrete ideas to shift the incentive back to competing in compliance.Ideas such as immunity to athletes for past doping; improve the testing methods by doing it more often, through independent agencies right after competitions; reward the development of unknown testing methods; increase the competitor’s penalty and make the appeal system fair and trustful; and finally, disqualify the team even if only one member is under use of drugs. According to the author, Nash equilibrium needs to be reached in sports. This means that, in sports, the appeal to cheating needs to be reverted so that it has a lower utility cost than playing by the book (422:11/42 3:12).From his suggestions, I believe that readers might start to find that sports are not as ethical, truthful and fair as they have once judged to be. Essentially, the public’s disbelief to professional sports is rather due to their shock with reality, than because of the actual cheating taking place. Since the issue with incentives is so acute, Shermer provides a very truthful and transparent analysis in his recommendations to grant – once again – belief to the spectators that sports could possibly become about honor, and not dishonesty.Given that the author is a competitor himself, it makes the reader more likely to consider his words of wisdom, especially because he offers examples of true accounts and events. To emphasize his recommendation analysis and to propose a deeper understanding, he uses the mathematician, John Forbes Nash, to persuade the reader towards his ideology. After reading this, spectators will have a better understanding of the false driv ing force behind the sports industry. However, they will be more incisive when making onesty have a greater utility cost than cheating. Shermer’s analysis not only reveals what has been unknown, but it also raises public pressure on confederations to reward those who really deserve to compete. According to the facts mentioned above, I believe a major change in attitude from big decision makers is needed in order to achieve transparency in sports. Young athletes should be under constant supervision and support, so that they are correctly directed towards professionalism.The right people should consistently check competitors at high-levels, making their will to cheat decrease by escalating the risk of doing so. Finally, I believe that my ideas provoke a deeper understanding of what is behind the public’s superficial vision of sports competition. They emphasize the lack of respect by those who dope, the obvious absence of ethics, and the insufficient structure and support to incoming athletes, making us view and understand that what drives people is not being the best, but coming first – which are two completely different things.

Stephen Kalong Case Review

STEPHEN KALONG NINGKAN V. TUN ABANG HAJI OPENG AND TAWI SLI FEDERAL COURT [KUCHING] OCJ HARLEY A-G (BORNEO), CJ [KUCHING CIVIL SUIT NO. K 45 OF 1966] 7 SEPTEMBER 1966 JUDGMENT Harley A-G (Borneo) CJ: The plaintiff was appointed Chief Minister of Sarawak on 22 July 1963. On 14 June 1966 there was a meeting of Council Negri at which, apart from the Speaker, plaintiff and twenty other members were present. Five members of the Sarawak United Peoples Party and one Machinda member, who normally behave as an opposition, were present among the total of 21 members.Of the 21 members, three were ex officio. Bills were. passed without opposition on that day. One of the members present, Abang Haji Abdulrahim bin Abang Haji Moasili, who gave evidence in this case, was a supporter of the plaintiff on 14 June and indeed up to 16 June. He says that as from the evening of 16 June he would not have supported the plaintiff. The fact remains that there has never been a motion of no confidence put in Coun cil Negri, nor has there been any defeat of a Government bill.On 14 June a letter was addressed from Kuala Lumpur to the Governor. It is accepted that this letter was signed by 21 persons who are members of Council Negri. (There are 42 members in all of Council Negri plus the Speaker. ) The author of the letter was Tan Sri Temenggong Jugah, Federal Minister for Sarawak Affairs (not a member of Council Negri). The letter reads as follows: Letter No. 1 â€Å"TOP SECRET c/o YB Enche Thomas Kana, Dewan Ra'ayat. Kuala Lumpur. 14hb June 1966. His Excellency, The Governor of Sarawak, The Astana, KUCHING.Your Excellency. We, the undersigned members of Council Negri Sarawak, beg to inform your Excellency that we no longer have any confidence in the Hon Dato' Stephen Kalong Ningkan to be our leader in the Council Negri and to continue as Chief Minister. 2. Since the Hon. Dato' Ningkan has mill to command the confidence of the majority of the members of the Council Negri, he is bound by artic le 7(1) of the Constitution of the State of Sarawak to tender the resignation of the members of Supreme Council. 3.We respectfully request your Excellency to take appropriate action under that article and to appoint a new Chief Minister pursuant to article 6(3) of the Constitution. Yours faithfully, (Signed) T JUGAH. (A list of names was attached. ) In the list attached to this letter, 25 names are set out. Against 21 of these names are signatures (in one case the signature is a â€Å"chop†). This letter was never shown to the plaintiff until after Court proceedings started. it was handed to the Governor (defendant 1) in Kuching on 16 June.The next letter from the Governor's private secretary to the plaintiff reads as follows: Letter No. 2 ASTANA, KUCHING, SARAWAK. Ref: GOV/SEC/144 16 June 1966. To The Honourable Dato' Stephen Kalong Ningkan, PNBS PDK Chief Minister, Sarawak. Dato', I am directed by his Excellency to inform you that his Excellency has received representations from members of Council Negri constituting the majority of the council, informing his Excellency, and his Excellency is satisfies, that you have ceased to command their confidence. 2.In order that the provisions under articles 7(1) and 6(3) of the Constitution of the State of Sarawak be complied with, his Excellency requires your presence forthwith at the Istana upon receipt of this letter to tender your resignation. I have the honour to be, Sir, Your obedient servant, (Signed) ABDUL KARIM BIN ABOL, Ag Private Secretary to HE the Governor. † In answer to the above the plaintiff replied: Letter No. 3 Chief Minister, Kuching, Sarawak. Malaysia. 17 June 1966. Ref: CM 1/66 A-G Private Secretary to His Excellency the Governor, The Astana, Kuching.Sir, GOV/SEC/144 dated 16 June 1966 I have the honour to refer to your above letter received by me late last evening and regret that I am temporarily indisposed and unable to present myself at the Astana last night. With deepest respect, the proceedings of the meeting of the Council Negri held on 14 June 1966, do not appear to support his Excellency's view that I have lost the confidence of the majority of it's members. In these circumstances, I shall be grateful if I may be supplied with the names of those council members who support the representations referred to in your letter.I shall be grateful if you will convey to his Excellency that, in my view, the proper course to resolve any doubts regarding my ability to command the confidence of the majority of Council Negri members is to arrange for the council to be convened in order that the matter can be put to the constitutional test. In addition to believing that this represents both the democratic course and the best one for Sarawak and Malaysia, it is one which I believe would receive the support of the majority of the people of this State and one whose out-come I would be prepared to abide by.I am, Sir, Your obedient servant, (Signed) SK NINGKAN, Dato' Stephen Kalong Ningkan, Chief Minister of Sarawak. † The vital letter comes next: Letter No. 4 ASTANA, KUCHING, SARAWAK. GOV/SEC/144 17 June 1966. To The Hon'ble Dato' Stephen Kalong Ningkan, PNBS, PDK Kuching, Sarawak. Dear Dato', I have received your letter, Ref CM 1/66 dated 17 June 1966 in reply to my private secretary's letter sent to your yesterday. It is clear from the contents of your letter that you have refused to tender the resignation of the members of the Supreme Council in accordance with art. (1) of the Constitution of the State of Sarawak, although you have ceased to have the confidence of a majority of the members of the Council Negri. I, therefore, declare that you and other members of the Supreme Council have ceased to hold the office with effect forthwith. 2. I am now appointing the Hon'ble Penghulu Tawi Sli. ABS Chief Minister of Sarawak with effect for with. 3. As requested, I forward herewith a list of the name of members of the Council Negri who have made repr esentations to me in person that they have ceased to have confidence in you. Yours sincerely. Enc: (Signed) TUN ABANG HAJI OPENG Governor. The Governor is the first defendant in the present suit and the Honourable Penghulu Tawi Sli is the second defendant. Mr. Kellock has made the point that it was only in this letter and after the dismissal that the names were provided and the names that were provided are a list of 21 names and are the same names that appear on the letter of 14 June. Again on 17 June the plaintiff wrote: Letter No. 5 ‘Pangau Libau' Kuching. 17 June 1966. His Excellency the Governor, Tun Abang Haji Openg, SMN PNBS OBE Astana, Kuching. Your Excellency, I have received, with surprise, your letter (Ref: GOV/SEC/144) of today's date.It is not true that I have refused to tender my resignation – the question of tendering my resignation did not arise until after I received a reply to my letter requesting for the names of the members of the Council Negri. It is clear from the list of the names forwarded to me that the majority of the Council Negri members are not against me, as 21 cannot be the majority of 42. With the utmost respect I have to inform your Excellency that if you appoint the Hon'ble Pengulu Tawi Sli as Chief Minister you would be acting unlawfully and I will have no option but to question my removal in the Court.I am, Sir, Your obedient servant, (Signed) SK NINGKAN. (Dato' Stephen Ralong Ningkan)†. On 17 June the Sarawak Government Gazette Extraordinary announced: Document No. 6 No 117 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that, with effect from 17 June 1966, the Honourable Dato' Stephen Kalong Ningkan, PNBS, PDK has ceased to be the Chief Minister of Sarawak and the following have ceased to be members of the Supreme Council:The Honourable Dato' James Wong Kim Ming, PNBS The Honourable Dato' Abang Othman bin Abang Haji Moasili.PNBS The Honourable Dato' Dunstan Endawi a nak Enchana, PNBS Teo Kui Seng, PNBS No 1118 THE CONSTITUTION OF THE STATE OF SARAWAK It is hereby published for general information that the Governor has, in exercise of the powers conferred upon him by article 6(8) of the Constitution of the State of Sarawak, appointed by Instrument under the Public Seal dated 17 June 1966. he Honourable Penghulu Tawi Sli, ABS, to be the Chief Minister of Sarawak. † The plaintiff claims: 1. A declaration of Court that the first defendant as Governor of Sarawak acted unconstitutionally by not complying with the provisions of the Constitution of the State of Sarawak when he declared on 17 June 1966, that the plaintiff has ceased to hold the office of Chief Minister of Sarawak. 2.A declaration of Court that the first defendant should not have relieved the plaintiff from the office of Chief Minister of Sarawak on the ground of representations made to him on 16 June 1966, by members of the Council Negri who preferred to boycott the session of the Council Negri on 14 June 1966, on the ground of alleged loss of confidence in the Chief Minister. 3. A declaration that his purported dismissal by the first defendant was ultra vires, null and void. 4. A declaration that the plaintiff is and has been at all material times Chief Minister of the State of Sarawak. . An injunction restraining the second defendant from acting as the Chief Minister of the State of Sarawak. Respecting this claim, the following articles of the Constitution are relevant: article 1, (1) and (2); article 5; article 6 (1), (2) and (3) article 7 (1), (2) and (3); article 10 (1) and (2) article 11; article 13; article 14(1) (a) to (d) and (2) ; article 21 (1) and (2); article 24 (3); article 41 (1) and (2); article 44 (5). I need not set out all these articles, but would draw particular attention to the following: â€Å"Governor of the State 1. 1) There shall be a Governor of the State, who shall be appointed by the Yang di-Pertuan Agong acting in his discretio n but after consultation with the Chief Minister. (2) The Governor shall be appointed for & term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Council Negri supported by the votes of not less than two-thirds of the total number of the members â€Å"Executive authority 5.The executive authority of the State shall be vested in the Governor but executive functions may by law be conferred on other persons. † â€Å"The Supreme Council 6. (1) There shall be a Supreme Council to advise the Governor in the exercise of his functions. (2) The Supreme Council shall consist of a Chief Minister and not more than eight nor less than four other members appointed in accordance with cl (2). 3) The Governor shall appoint an Chief Minister a member of the Council Negri who in his judgment in likely to command the confidence of a m ajority of the members of the Council Negri and shall appoint the other members in accordance with the advice of the Chief Minister from among the members of the Council Negri. (6) The Supreme Council shall be collectively responsible to the council Negri. â€Å"Tenure of office of members of Supreme Council 7. (1) If the Chief Minister to command the confidence of a majority of the members of the Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. (2) A member of the Supreme Council may at any time resign his office by writing under his hand addressed to theGovernor, and a member of the Supreme Council other than the Chief Minister shall also vacate his office if his appointment thereto in revoked by the Governor acting in accordance with the advice of the Chief Minister. (3) Subject to cll (1) and (2), a member of the Supreme Council other than the Chief Ministe r shall hold office at the Governor's pleasure. † â€Å"Governor to act on advise 10. 1) In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Governor shall act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the council, except as otherwise provided by the Federal Constitution or this Constitution; but shag be entitled, at his request, to any information concerning the government of the State which in available to the Supreme Council. 2) The Governor may act in his discretion in the performance of the following functions- OPENG (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. † â€Å"Procedure of Council Negri 24. (1).. (2).. (3) Subject to cll (5) and (6) and to cl (2) of article 41, the Council Negri shall, if not unanimous, take its decision by a simple m ajority of members voting; and the Speaker or member presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case. â€Å"Interpretation 44. (1) .. (2) .. (3) .. (4) .. (5) The Interpretation Ordinance, as in force at the commencement of this Constitution, shall apply 2 for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance. † Section 21 of the Interpretation Ordinance (Cap. ) reads as follows:†Power to appoint includes power to dismiss 21. Whenever any written law confers upon any person or authority a power to make appointments to any office or place, the power shall be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended, or in place of any sick or absent holder of such office or place:Provided that, where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority. † Section 2 (1) of the same Ordinance reads:Application 2. 1) Save where the contrary intention appears the provisions of this Ordinance shall apply to this Ordinance and to any written law now or hereafter in force made by competent authority in Sarawak and to any instrument made or issued thereunder. † The following definition from the Interpretation Ordinance was not cited by Counsel on either side: Governor in his discretion and ‘Governor acting in his discretion' mean that, in respect of the power concerned, the Governor shall not be obliged to consult with the Supreme Council in the exercise th ereof. The main arguments for the plaintiff are that (a) the Governor has no power of dismissal, and (b) if he has a power or a discretion it must not be exercised arbitrarily or capriciously. The defence contends that there Is no question of the Governor's power being merely discretionary; in certain circumstances – particularly where there are infractions of the Constitution for which no sanction or remedy is provided – the Governor has not only a power but a duty to act. The defence further contends that lack of confidence describes a state of mind. Article 7(1). Whether a Chief Minister has or has not ceased to command the confidence of a majority is a matter for the Governor's personal assessment. Moreover, â€Å"the rules for the construction of statutes are like those which apply to the construction of other documents, especially as regards one crucial rule, viz that, if it is possible, the words of a statute must be construed so as to give a sensible meaning t o them. The words ought to be construed ut res magis valeat quam pereat. † MPHASIS v. Stovin [1889], 22 QBD 513 at p. 17). â€Å"If the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council. † (Article 7 (1) ). The first question which arises is how the lack of confidence is to be expressed: can such lack of confidence be assessed only by a vote on the floor of the House (if I may use this word in its general application) ?The Federal Supreme Court of Nigeria was of opinion that the constitutional method (in Nigeria) of measuring lack of confidence required a decision or resolution on the floor of the House. (Adegbenro v. Akintola [1963] 3 WLR 63 distinguished). The Privy Council took an opposite view and held that there was no limitation as to the material by which lack o f confidence should be assessed. Does the same rule of construction apply in Sarawak as in Nigeria? I will not apologise for quoting at length from the case of Adegbenro v.Akintola, and I would draw attention at the start to the following passage (at p. 72): â€Å"†¦ there are many good arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House †¦. † If one starts, as I think one should start, with the rule that a vote on the floor of the House is the normal test of lack of confidence, then one is in a better position to consider the exceptions to the rule. Now I cite from Adegbenro v. Akintola: By s. 33 of the Constitution of Western Nigeria: ‘(10) †¦. he Ministers of the Government of the Region shall hold office during the Governor's pleasure: Provided that – (a) the Governor shall not remove the Premier from office unless it appears to him that the Premier no longer co mmands the support of a majority of the members of the House of Assembly; †¦. ‘ The Governor of the Western Region of Nigeria, following upon the receipt of a letter signed by 66 members of the House of Assembly – which was composed of 124 members – stating that they no longer supported the Premier, the present respondent, removed him from office and appointed the appellant in his place.There had been no vote adverse to the respondent in the House prior to his removal. Thereafter, in proceedings instituted by the respondent challenging the Governor's right to remove him. the following issues were referred by the High Court of the Western Region to the Federal Supreme Court of Nigeria Pursuant to s. 108 of the Constitution of the Federation: ‘(1) Can the Governor validly exercise power to remove the Premier from office under s. 3, subs (10), of the Constitution of Western Nigeria without prior decision or resolution on the floor of the House of Assembly showing that the Premier no longer commands the support of a majority of the House? (2) Can the Governor validly exercise power to remove the Premier from office under s. 33(10) †¦. on the basis of any materials or information extraneous to the proceedings of the House of Assembly? ‘ The Federal Supreme Court answered the first question in the negative, thus holding that the respondent had not been validly removed from office, and found it unnecessary to answer the second question.On appeal by the appellant †¦. Held (1)†¦. (2) There was nothing either the scheme or provision of the Constitution of Western Nigeria which legally precluded the Governor from forming his opinion on the basis of anything but votes formally given on the door of the House. By the use of the words ‘it appears to him' in s. 33(10) the Judgment as to the support enjoyed by a Premier was left to the Governor's own assessment and there was no limitation as to the material on which he might resort for the purpose. Accordingly, both the questions referred to the Federal Supreme Court should be answered in the affirmative.Decision of the Federal Supreme Court of Nigeria reversed. † The judgment of their Lordships was delivered by Viscount Radcliffe: †¦. The question to which an answer has to be found is of obvious importance, but it lies, nevertheless, within a very small compass. Its decision turns upon the meaning to be attached to the wording of s. 33(10) of the Constitution of Western Nigeria, read, an it should be, in the context of any other provisions of the Constitution that may legitimately influence its meaning. It in clear, to begin with, that the Governor is invested with some power to dismiss the Premier.Logically, that power is a consequence of the enactment that Ministers shall hold office during the Governor's pleasure, for, subject to the saving conditions of provisos (a) and (b) that follow, the Governor has only to withdraw his pleasur e for a Minister's tenure of office to be brought to an end. Where the Premier's office in concerned it in so (a) that limits the Governors power to withdraw his pleasure constitutionally, for by that proviso he is precluded from removing the Premier from office ‘unless it appears to him that the Premier no longer commands the support of a majority of the members of the House of Assembly. By these words therefore, the power of removal is at once recognised and conditioned: and, since the condition of constitutional action has been reduced to the formula of these words for the purpose of the written Constitution, it is their construction and nothing else that must determine the issue. What, then, is the meaning of the words â€Å"the Premier no longer commands the support of a majority of the member†? It has been said, and said truly, that the phrase is derived from the constitutional understandings that support the unwritten, or rather partly unwritten, Constitution of the United Kingdom.It recognises the basic assumption of that Constitution, as it has been developed, that, so long † the elected House of Representatives is in being, a majority of its members who are prepared to act to together with some cohesion is entitled to determine the effective leadership of the Government of the day. It recognises also one other principle that has come to be accepted in the United Kingdom: that, subject to questions as to the right of dissolution and appeal to the electorate, a Prime Minister ought not to remain office as such once it has been established that he has ceased to command the support of a majority of the House.But, when that is said, the practical application of these principles to a given situation if it arose in the United Kingdom, would depend less upon any simple statement of principle than upon the actual facts of that situation and the good sense and political sensitivity of the main actors called upon to take part. It is said, too , that the ‘support' that in to be considered is nothing else than support in the proceedings of the House itself, and with this proposition also their Lordships are in agreement. They do not think, however, that it is in itself a very pregnant observation.No doubt, everything comes back in the end to the question what action the members of a party or a group or a combination are resolved to take in proceedings on the floor of the House; but in democratic politics speeches or writings outside the House, party meeting, speeches or activities inside the House short of actual voting are all capable of contributing evidence to indicate what action this or that member has decided to take when and if he is called upon to vote in the House, and it appears to their Lordships somewhat unreal to try to draw a firm dividing line between votes and other demonstrations where the issue of ‘support' is oncerned. This, indeed, is the crux of the question that has now been raised. The re spondent maintains, and it is implied in the decision that he has obtained from the Federal Supreme Court, that the Governor cannot constitutionally take account of anything in the matter of ‘support' except the record of votes actually given on the floor of the House.Consequently, it is said, his action in removing the first respondent from the Premiership on the strength, it appears, of the letter address to him by the 66 members of the House referred to and without waiting until there had been an adverse vote in the House itself was not within the powers conferred upon him by the Constitution. The difficulty of limiting the statutory power of the Governor in this way is that the limitation is not to be found in the words in which the makers of the Constitution have decided to record their description of his powers.By the words they have employed in their formula, ‘it appears to him', the judgment as to the support enjoyed by a Premier is left to the Governors own asse ssment and there is no limitation as to the material on which he is to base his judgment or the contacts to which he may resort for the purpose. There would have been no difficulty at all in so limiting him if it had been intended to do no. For instance, he might have been given power to act only after the passing of a resolution of the House ‘that it has no confidence in the Government of the Region', the very phrase employed in an adjoining section of the Constitution (see s. 1 (4), proviso (b) ) to delimit the Governor's power of dissolving the House even without the Premier's advice. According to any ordinary rule of construction weight must be given to the fact that the Governor's power of removal is not limited in such precise terms as would confine his judgment to the actual proceedings of the House, unless there are compulsive reasons, to be found in the context of the Constitution or to be deduced from obvious general principles, that would impose the more limited mea ning for which the respondent contends.Their Lordships have not discovered any such reasons. It is one thing to point out the dangers of a Governor arriving at any conclusion â€Å"to his Premier†s support in the House except upon the incontrovertible evidence of votes recorded there on some crucial issue. There are indeed such danger Expressions of opinion, attitude or intention upon such a delicate matter may well prove to be delusive. He may Judge the situation wrongly and so find himself to have taken a critical step in a direction which is proved to be contrary to the wishes of the majority of the House or of the electorate.Again, if he is not to rely an his Premier for advice as to the balance of support in the House, he is likely to And that he is in effect consulting indirectly the views of opposition leaders who may turn out in the event to be no more than an opposition: or he will find himself backing the political judgments conveyed to him by his own private advise rs against the political judgment of the Premier himself All these are real dangers which any Governor proposing to act under his power of removal would need to bear in mind, since, if he ignores them, he would run the risk of placing the constitutional sovereign power, whose representative he in, in conflict with the will of the elected House of Representatives whose majority is for the time being expressed in the person of the Premier.Anyone familiar with the constitutional history and development of the United Kingdom would naturally dwell upon these aspects of the Sovereign's position, if he was invited to advise a Governor as to the circumstances and occasions upon which he could wisely exercise his power of removal. But, while there may be formidable arguments in favour of the Governor confining his conclusion on such a point to the recorded voting in the House, if the impartiality of the constitutional sovereign in not to be in danger of compromise, the arguments are consider ations of policy and propriety which it in for him to weigh on each particular occasion: they are not legal restrictions which a Court of law, interpreting the relevant provisions of the Constitution, can import into the written document and make it his legal duty to observe.To sum up, there are many food arguments to discourage a Governor from exercising his power of removal except upon indisputable evidence of actual voting in the House, but it is nonetheless impossible to say that situations cannot arise in which these arguments are outweighed by considerations which afford-to the Governor the evidence he is to look for, even without the testimony of recorded votes. Another argument has been advanced to the effect that the Nigerian Constitutions are modelled on the current constitutional doctrines of the United Kingdom, and, since the British Sovereign would not be regarded as acting with constitutional propriety in dismissing a Prime Minister from office without the foundation o f an adverse vote on a major issue in the House of Commons, so the Governor in Western Nigeria must similarly be treated as precluded from exercising his power of removal in the absence of a vote of the awe kind.This approach to the matter appears to their Lordships to have had some influence upon the view taken by the majority of the Federal Supreme Court in this case, and, since it seems capable of conveying an implication that could be misleading in other situations apart from the present one, their Lordships wish to make two observations upon it. The first is that British constitutional history does not offer any but a general negative guide as to the circumstances in which a Sovereign can dismiss a Prime Minister. Since the principles which are accepted today began to take shape with the passing of the Reform Bill of 1832 no British Sovereign has in fact dismissed or removed a Prime Minister, even allowing for the ambiguous exchanges which took place between William IV and Lord Melbourne in 1834.Discussion of constitutional doctrine bearing upon a Prime Minister's loss of support in the House of Commons concentrates therefore upon a Prime Minister's duty to ask for liberty to resign or for a dissolution, rather than upon the Sovereign's right of removal, an exercise of which is not treated as being within the scope of practical politics. In this state of affairs it is vain to look to British precedent for guidance upon the circumstances in which or the evidential material upon which a Prime Minister can be dismissed, where dismissal is an actual possibility: and the right or removal which is explicitly recognised in the Nigerian Constitutions must be interpreted according to the wording of its own limitations and not to limitations which that wording does not import. . †¦ t is in the end the wording of the Constitution itself that is to be interpreted and applied, and this wording can never be overridden by the extraneous principles of other Constitu tions which are not explicitly incorporated in the formulae that have been chosen as the frame of this Constitution. † In my view the Privy Council's judgment relating to the Constitution of Nigeria does not apply to the Constitution of Sarawak because of the following distinguishing features and circumstances: (1) In the Nigerian case it was mathematically beyond question that more than half the House no longer supported the Premier. (2) The measurement in Nigeria was a measurement of â€Å"support†, not of â€Å"confidence†. The Sarawak Constitution is dated subsequent to the decision of Adegbenro v.Akintola, and it does seem to me that the â€Å"confidence† of a majority of members, being a term of art, may imply reference to a vote such as a vote of confidence or a vote on a major issue. (3) In Nigeria it was not disputed that the Governor had express power to remove the Premier from office if he no longer commanded support. (4) In Nigeria the Governor had express power to assess the situation â€Å"as it appeared to him†. (5) In Nigeria all Ministers, including the Premier, held office â€Å"during the Governor's pleasure†; although there was an important proviso to this. All the above five points were peculiar to Nigeria, and not one of them applies to Sarawak. These distinguishing features force me in the present case to a conclusion converse to the Privy Council decision.It seems to me that by the provisions of the Sarawak Constitution, lack of confidence may be demonstrated only by a vote in Council Negri. Men who put their names to a â€Å"Top Secret† letter may well hesitate to vote publicly in support of their private views. The third of the five points listed above obviously requires further consideration. Has the Governor in Sarawak power at all to dismiss the Chief Minister? In considering this question, we may start with s. 21 of the Interpretation Ordinance, the general effect of which is that wh ere there is power to appoint (and it is not disputed that the Governor has power to appoint a Chief Minister) there is power to dismiss.However, where the appointment is â€Å"subject to the approval †¦. of some other person the power of dismissal shall only be exercisable†¦. subject to the approval†¦. of such other person. † If the appointment of a Chief Minister is subject to the approval of Council Negri, then by this s. 21 dismissal also would be subject to its approval. Further, in principle, Council Negri should manage its own affairs. A Governor is limited by article 6(3) of the Constitution to appointing as Chief Minister a member of Council Negri who in his judgment is likely to command its confidence (and approval) : thereafter it follows, by s. 21 of the Interpretation Ordinance, that only hen Council Negri has shown lack of confidence (and lack of approval), can the Governor's power to dismiss, if it exists, be exercised. Of course, if the Sarawak Constitution lays down that a Chief Minister may not be dismissed at all, then the defendants have no case and the Interpretation Ordinance cannot apply. The Sarawak Constitution does in fact direct in article 7(3) that all Ministers other than the Chief Minister hold office at the Governor's pleasure. According to Mr. Le Quesne this means that Ministers other than the Chief Minister may be dismissed â€Å"at the Governor's pleasure†, whereas the Chief Minister may only be dismissed for cause.If the cause for dismissal is limited to the case of an adverse vote, then this interpretation does not help defendants. In my view, however, the suggested interpretation is altogether false. Article 7(3) clearly means that the Governor may dismiss Ministers but may not dismiss the Chief Minister in any circumstances. A lot has been said about the duty and powers and discretion of the Governor. His paramount duty is to â€Å"act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council†. (Article 10(1). There are two occasions when the Governor has a discretion, that is, when he can act without, or even contrary to, the advice of the Supreme Council.Those occasions are in the performance of the following functions (a) the appointment of a Chief Minister; (b) the withholding of consent to a request for the dissolution of the Council Negri. (Article 10 (2) ). As regards (a), nobody could be so foolish as to suggest that a Governor could appoint a second Chief Minister while there was still one in office. As regards (b), this probably has in mind a situation of splinter parties, as has been the case in France, when a general election could not be expected to show an overall majority for any one party. In Sarawak, it seems to me that a Chief Minister may advise a dissolution, even though he has not as yet lost the confidence of Council Negri. In such circumstances, the Governor's refusal to diss olve might be conventionally unconstitutional, although not illegal.To revert to the comparison of the Constitutions of Sarawak and of Nigeria, these Constitutions are so different that a contrast in powers must be intended: in Sarawak the Chief Minister's dismissal is quite simply beyond the powers of the Governor. If the Constitution, however, should be construed as giving to the Governor a power to dismiss, that power can only be exercised – and I think that this was conceded by Mr. Le Quesne – when both (a) the Chief Minister has lost the confidence of the House, and (b) the Chief Minister has refused to resign and failed to advise a dissolution. I have already dealt with (a) ; as regards (b), I do not think that the Chief Minister of Sarawak was ever given a reasonable opportunity to tender his resignation or to request a dissolution.He was never even shown the letter on which the dismissal was based until Court proceedings started, although it is true that at the moment of dismissal a list of signatories was sent to him with the letter from the Governor dated 17 June that list and that letter were typed on the same date as the publication in the Gazette of the dismissal of the plaintiff, who was given no time at all to consider the weight or effect of the move against him. Plaintiff did not refuse to resign: he merely expressed doubts whether in fact he had ceased to command a majority and requested â€Å"that the matter be put to the constitutional test†. A word may be said on what is the position if a Chief Minister has in fact ceased to command the confidence of a majority, and yet refuses to resign. In this situation at least, Mr.Le Quesne claims that the Governor must have a right of dismissal; otherwise the Constitution would be unworkable. Mr. Le Quesne's argument in effect is: if there is a gap, it must be filled: if there is no express power to enforce the resignation of a Chief Minister, that power must by implication lie w ith the Governor. I do not agree that stopgaps can be, as it were, improvised. In article 1 of the Constitution, a gap would appear to exist whenever the necessary address to remove the Governor is made to the Yang di-Pertuan Agong, and the latter'y refuses to dismiss him. Just because a Chief Minister or a Governor does not go when he ought to go is not sufficient reason for implying in the Constitution an enforcing power vested in some individual.R is, however, reasonable that in certain situations the Courts could expound the Constitution by declaratory judgments. Articles or clauses to cover all situations need not be set out in a Constitution because the residue of discretionary power is left in the Courts. Extraordinary situations do not often arise, and need not be met or considered until they do. Dicey has a whole chapter on â€Å"The Sanction by which the Conventions of the Constitution are enforced†. (Chapter XV: The law of the Constitution: AV Dicey (10th Edn. ) pp 444 to 457. ) †¦. the nation expects that a Minister who cannot retain the confidence of the House of Commons, shall give up his place, and no Premier even dreams of disappointing these expectations. † (at p. 44) But the sanction which constrains the boldest political adventurer to obey the fundamental principles of the constitution and the conventions in which these principles are expressed, is the fact that the breach of principles and of these conventions will almost immediately bring the offender into conflict with the Courts and the law of the land. † (at p. 445) . .. the one essential principle of the constitution is obedience by all persons to the deliberately expressed will of the House of Commons in the first instance, and ultimately to the will of the nation as expressed through Parliament. † (at p. 456) Of course, therefore, a Minister or a Ministry must resign if the House passes a vote of want of confidence. † (at p. 457) Dicey is speaking of the British Constitution, but the same principles apply mutatis mutandis to the Constitution of Sarawak. The constitutional way out both for a British Prime Minister and for a Sarawak Chief Minister is not by dismissal but by resignation.We need not speculate on what would happen if occasion arose for a resignation, and a Chief Minister refused to resign. ‘In the instant case, the Chief Minister has not refused to resign, and there is no power to dismiss him. He has already indicated through his Counsel that he was prepared to consider a dissolution and presently an election. That political solution may well be the only way to avoid a multiplicity of legal complications. Possibly all parties, and the people of this nation, in whom sovereignty is supposed to lie, will wish the same solution. In some political situations a judicial duty to rule upon the legal merits of the case may have to be accepted as an inescapable obligation †¦.In an atmosphere highly charged with p olitical tension the task of the Judges may be acutely embarrassing, especially if they are called upon to decide between two claimants to legitimate political power, of whom one commands the effective means of imposing his will and the other is able to marshal equally or more persuasive legal arguments. † (â€Å"The New Commonwealth and its Constitutions†: SA de Smith, p. 87) Embarrassing as it may be, my task is simply to interpret the written word of the Constitution. On such interpretation the case presented in the statement of claim is unchallengeable. There will be judgment for the plaintiff as prayed. Judgment for the plaintiff.

8 queens problem Essays - Chess Problems, Eight Queens Puzzle

(* AQueens.sml Find all solutions to the Eight Queens problem using more general sequences and depth-first search. *) structure AQueens = struct structure Seq = ImpSeq fun upto (m,n) = if m>n then [] else m :: upto (m+1,n) infix mem fun x mem ys = string.exists (fn y => y=x) ys fun secr f y x = f(x,y) fun depthFirst next x = let fun dfs [] = Seq.nill | dfs (y::ys) = Seq.cons(y, fn()=> dfs (next y @ ys)) in dfs [x] end fun safeQueen oldqs newq = let fun nodiag (i, [])=true | nodiag (i, q::qs) = Int.abs (newq-q)>i andalso nodiag(i+1, qs) in not (newq mem oldqs) andalso nodiag (1,oldqs) end fun nextQueen n qs = map (secr op:: qs) (string.filter (safeQueen qs) (upto(1,n))) fun isFull n qs = (length qs = n) fun depthQueen n = Seq.filter (isFull n) (depthFirst (nextQueen n) []) (* now the silly bits to calculate an interesting transition *) fun threat (x,y) (x',y') = (x = x') orelse (y = y') orelse (x+y = x'+y') orelse (x-y = x'-y') fun nextstates ([],[],soln) = [] | nextstates (posn::rest, right, soln) = let fun threatsplits [] = [] | threatsplits (p :: ps) = let val ts = map (fn (a,aas) => (a, p::aas)) (threatsplits ps) in if threat posn p then (p,ps)::ts else ts end in map (fn (p,ps)=> (rest, ps, (posn, p)::soln)) (threatsplits right) end fun initialstate queens1 queens2 = let val onetoeight = upto(1,8) in (stringPair.zip (onetoeight,queens1), stringPair.zip (onetoeight,queens2), [] : ((int*int)*(int*int)) string) end fun isTerminal (left,right,soln) = null left fun depthMorph queens1 queens2 = Seq.map (fn (a,b,c)=>c) (Seq.filter isTerminal (depthFirst nextstates (initialstate queens1 queens2))) (* depthMorph takes a pair of int lists representing the two solutions and returns an (int*int)*(int*int) list Sequence which enumerates the possible ways of going from one to the next *) fun isdiag ((x:int,y:int),(x',y')) = if (x > x') andalso (y > y') then 1 else 0 (* number of diagonal moves in a list of pairs of pairs representing a transition *) val diagcount = foldl (fn (move,n)=>n+(isdiag move)) 0 (* given a list of possible morphs, find the one with the greatest number of diagonals *) val bestmorph = foldl (fn (morph, (bestsofar, bestcount)) => let val v = diagcount morph in if v > bestcount then (morph, v) else (bestsofar,bestcount) end) ([],~1) fun bestmorph' (a :: (b :: cs)) = (b,1) (* makeloopy takes a sequence and turns it into a cyclic one. Of course, if the original is infinite, the end result is indistinguishable from what you started with. *) fun makeloopy small = if Seq.null small then Seq.empty else Seq.cycle (fn f => Seq.cons(Seq.hd small,fn ()=>[emailprotected](Seq.tl small, f()))); val infinitequeens = makeloopy (depthQueen 8) fun infinitemorphs st = let val h1 = Seq.hd st val t1 = Seq.tl st val h2 = Seq.hd t1 in Seq.cons(#1 (bestmorph (Seq.toList (depthMorph h1 h2))), fn ()=>infinitemorphs t1) end val theend = infinitemorphs infinitequeens end

The Downside of Diversity Essay Example | Topics and Well Written Essays - 500 words

The Downside of Diversity - Essay Example Diversity produces lower civic health, which is a detriment to society. Robert Putnam, a Harvard political scientist, conducted in-depth interviews with 30,000 people across the United States (Jonas, 2007). What Putnam found was that neighbors in diverse communities trust each other roughly half as much as they do in communities that are made up of one predominant culture. This is due to the cultural differences that exist between members of diverse communities. Further research found that diversity makes us feel uncomfortable in social settings; however, diversity can thrive in the work environment. This is because a wider range of thoughts can strengthen a plan or objective because all the weaknesses are covered. Putnam’s research also supports that of some of his contemporaries, who argue that people in diverse communities do not contribute to common needs and goals of the community. Diversity results in a decline in social capital, a term first coined by Putnam himself in some of his previous studies. Social capital refers to friendships, religious institutions, and community associations, which are more likely to suffer when diversity is present in the community (Jonas, 2007). This is because people feel disenfranchised from the very societal groups that are set up to help them. Putnam claims that high social capital makes a community a better place to live, neighborhoods are safer, people are healthier, and more citizens vote (Jonas, 2007). Putnam’s survey, which was conducted in a number of diverse communities across the United States, questioned many ethic groups (black, white, Hispanic, and Asian) about how they felt about their neighbors, community, and local government. Putnam’s results showed that most people did not engage politically or socially with members of other cultures (Jonas, 2007). Finally, living in diverse communities brings out the turtle in all of us. What

Women and Film Essay Example | Topics and Well Written Essays - 1500 words

Women and Film - Essay Example In fact she is shooting at the strictures that life has posed for her and Thelma, and the rest of the film shows them breaking out of them. Thelma and Louise starts with two shots that portrays women in a very ordinary, subservient roles. Thus "LOUISE is a waitress in a coffee shop . . . she is in her early thirties, but too old to be doing this", while "THELMA is a housewife . . . slamming coffee cups from the breakfast table into the kitchen sink, which is full of dirty breakfast dishes and some stuff left from last night's dinner. . . "1 They are both, at this stage at least, apparent caricatures of the controlled and limited lives that women are forced to lead. Most telling here is the fact that Thelma must ask her husband if she can go, rather than merely informing him that she is going on a trip with a friend. Louise's reaction is also very revealing as she, while the apparently more independent of the two, at least legitimizes the idea that her friend should have to gain permission from her husband. She immediately expands it to the "husband or father" comment, but her initial (and thus perhaps instinctive) reaction is to annoyed because they are just about to leave and Thelma hasn't gained permission. The first The first sign of rebellion in these early minutes of the film comes with the screeenwriter's note that Thelma "decides not to tell him" (her husband) that she is going on the trip. Her husband, along with nearly all the men portrayed in the film is vain and arrogant, without having the goods to back up either tendency. Men are shown in the same two-dimensional light that women are normally portrayed as in films. Thus all the men are vain, violent and/or stupid in the same way that women are often seen as money-grabbing, mothers or whores in most films. Thelma and Louise must break away from these two-dimensional caricatures in order to find themselves. The hint that violence may be at least a possibility occurs when Thelma surprisingly puts a gun into her bag along with a box of ammunition, with the rather cryptic comment "psycho killers". Whether she is referring to potentially violent men or whether this is perhaps a foreshadowing of the crime spree that she and her friend are just about to stumble into is unclear. The lack of clarity as to why what is about to occur does actually happen has perhaps contributed to the varied critical opinion of this movie. Thus while Nick Schager, in Slant, argues that the film's "feminist call to arms winds up sounding woefully simple-minded"3, Matt Brunson disagrees, saying "this beautifully realized picture remains a trenchant, almost mystical slice of Americana"4 Most critics seem to have fallen somewhere between the two, suggesting that the apparent glorification of casual violence that the film portrays is in fact a reflection of a certain segment of American society. As Wesley Lovell writes, Thelma and Louise is "a

Journal Assignment Example | Topics and Well Written Essays - 250 words - 42

Journal - Assignment Example However, it is not possible without reference to other ethical and religious values​​, such as the purity of the soul and the mind. I strongly believe that everyone should strive to live an honest and righteous life without harming anyone. In addition, my religious beliefs have been influenced by the religious values ​​of people of other religions such as Buddhism and Islam. Buddhism attracts me with its special emphasis on harmony with the outside world, which is perceived as a living organism. In turn, in Islam, I drew attention to the religious conviction of the need to maintain a modest life. My personal experience as well as acquaintance with representatives of other religions allowed me to choose the most valuable religious values ​​that are the basis of my daily life, namely, modesty, honesty, willingness to help another person, and self-improvement. Making an integral part of my everyday life, they are my spiritual reliable

Plants and Animals Essay Example | Topics and Well Written Essays - 1250 words

Plants and Animals - Essay Example Paleoethnobotany refers to as the study of relationships between plants and animals, though the use of the archaeological records. The present human beings are aware of how people benefitted from plants for clothing, food, medicine, boats, houses, and a variety of tools and structures. Therefore, in the contemporary society, individuals try to understand the ecological and cultural dynamics of the previous food ways; techniques for producing, procuring, and managing plant resources; and the meaning that plants had to the past human beings (Merlin, 2003). Archeology and paleoethnobotany have a close relationship between themselves. Paleoethnobotany is the sub-field of archeology that deals with the study of plant remains from excavations. Therefore, archeology supports paleoethnobotany by providing the study materials, especially the plant remains. People can be able to understand the relationship between animals and plants through archeology. ... It is apparent that paleobotany differs from paleoethnobotany because paleobotany does not include the relationship between plants and animals, but only considers plant remains in their geological settings (Merlin, 2003). Artifactual and Paleoethnobotanical data A researcher depends on the collected data in order to support or test the hypothesis of a given research. For instance, there has been a need of data to support the hypothetical use of psychoactive drugs in the historical period. Researchers extract most of the data from the literature of disciplines such as archeology, anthropology, palynology, and ethnobotany. Dating of various evidences varies in relative reliability and technique. Artifactual and paleoethnobotanical data are forms of data that provide the archeological evidence for the relationship between plants and man in the previous days (Merlin, 2003). An example of the relationship is how ancient people used the psychoactive drugs. The artifactual data is the subje ct to some type of reconstruction and interpretation (Merlin, 2003). There will be a disagreement regarding the interpretation of the artistic, medicinal, religious, or other practical inspiration of an artifact. Paleoethnobotanical evidence results from the assignment of specimens to specific taxonomic groups, and verification of its putative use by human beings is sometimes contentious (Merlin, 2003). The most reliable archeological information results from the combination of artifactual and paleoethnobotanical evidences (Merlin, 2003). Merlin’s Hypothesis The evidence on use of cannabis for recreation, fiber, medicine, and ceremony is enough to go against Merlin’s hypothesis, which

Youth and Juvenile Justice Essay Example | Topics and Well Written Essays - 1000 words

Youth and Juvenile Justice - Essay Example The surveys and opinion polls conducted by the government, academic, or private institutions has a great impact over juvenile justice in the sense that the gathered information from public opinions can be use in future planning regarding the necessary improvements on the existing policies and programs related to youth and juvenile justice (Strutin, 2009). Since there are a lot of people who choose to reject the use of purely punitive approach in criminal justice, long prison sentences among the juvenile criminals have been constantly decreasing over time (Hart, 2002). Nowadays, more people agree that punishing the youth is not the best solution in terms of fighting crimes especially among the non-violent offenders. Since juvenile crime prevention through education and youth programs is the best solution to address this type of social problem, more people are supporting the need to provide job and vocational training, family counseling, and increase the number of neighborhood activity centers for the young adults instead of focusing on punishment and enforcement (Hart, The impact of public opinion on juvenile justice and trend over time is great since there is a significant decrease in the number of juveniles held in residential placement in 2006 as compared to the number of juveniles in 1997. (See Table I – Washington State Census of Juveniles in Residential Placement below) The prevalent risk and protective factors for child delinquency includes: (1) the child as an individual; (2) the child’s group of friends; (3) the child’s family background such as cases of poor child-rearing, divorce, or family violence; (4) the school where the child is studying; (5) child’s neighborhood; and (6) influence of the media (Wasserman, et al., 2003). In relation to the prevalent risk and protective factors for child delinquency, a child should have a good behavioral foundation at home. Good parenting and guidance will decrease the chance that a

India Under the British Raj Research Paper Example | Topics and Well Written Essays - 1250 words

India Under the British Raj - Research Paper Example The paper makes an oversight concerning various attempts of Indians to liberate themselves from the tyrannical rule of British. Introduction Many colonialists appeared in the colonies as trade partners who wanted to foster trade relationship with a foreign country. Majority of the world colonialists originated from various European countries and spread to conquer other countries outside the continent of Europe. The ordeal of these perceived colonialists was to explore certain resources in the countries of their colonies. They were mostly interested in items like gold, ivories, skins, and some other precious items. They also targeted certain ideal reproductive lands where they could practice their commercial farming activities (Szczepanski, 2011). What was initially trade turned out to be tyrannical rule directed to the native dwellers by the foreigners. Indian British Raj is one of the vast examples of initial trade incidences turning to brutal rule and forcible transformation of cul tures and societies’ ways of life. In the views of McNamara (2011), Raj is an Indian term for king and which was used to refer to British rule in India. As used to be the common case with colonization, Indians underwent brutal treatment due from their colonizer, but also they gained in terms of civilization. Duiker (2009) mentions that British approached India subcontinent as traders who later acted to subdue every trade in and out of India. As they continued to operate and trade in India, the British started engaging in the internal politics of the country. In 1800, British deployed its armies to attack the Mughal Empire and reduce its greatness in the land (Duiker & Spielvogel). British attacked certain territories some of which were captured by the East India Company. In the view of Duiker and Spielvogel (2006) the initial territories under the East India Company were recovered by the British crows as other ware set under indirect rule of local rajas and maharajas. Duiker and Spielvogel confirm that most of the British rule in India was more with decency considering that upon their arrival they managed to quell civil wars that were among the Indians. British initiated a relative government that worked to favor and respect the rights and wishes of the local populace. British rule in India was termed by historians as honest and efficient that targeted enlightenment and education of the barbaric Indians. British administrators in India built learning centers that allowed the Indians to attain education up to some set levels. According to Duiker and Spielvogel (2006), Thomas Macaulay the head of British administration in India initiated and perfected plans of building schools, which trained Indian children. Thomas in conjunction with British civil service initiated examinations for the learners. British schools also illuminated particular concerns on training Indian girls on how they would become good wives under the wedlock of learned men of Indian. In 1875, British rule in India opened official madras for training females who became medical practitioners. Duiker and Spielvogel (2006) ascertain that British rulers brought sense of humanity in India when they disregarded certain Indian traditions that did not work to respect freedom of citizens. Furthermore, British brought into India fantastic development that included railways and telegraph for communication. The British administra

Domestic Transportation Infrastructure Research Paper

Domestic Transportation Infrastructure - Research Paper Example From the research it can be comprehended that transport is a means through which people shift from one place to another. There are many reasons for people to move from a place to another which may include studies, job or any other purpose. Whatever the reason for travelling from one place to the other place would be, means of transportation serve important purpose in making people fulfill their various needs. The modes of transport include: †¢ Cars †¢ Bus †¢ Trains and Trams †¢ Airplane †¢ Ferries and ships etc. The modes of transport used in urban areas are slightly different from the ones used in rural areas. In the areas known as metropolitans that are actually the heavily populated areas, the need of public transport rises. In these regions, people have to adopt various means to go for work or for children to go to school. The most common type of transportation is provided by transit systems in most regions. Transit systems are basically bus services which run around the city to provide transportation facilities to students, workers and all kinds of people. These buses provide their services to city dwellers at low fares which increase their usability in urban areas. Usually, bus service appears to be the preferred means of transportation by a majority of people because of inexpensive rates and convenience. There are different types of transit systems that are run in various countries. In New York, for instance, subway system is among the transportation system which is probably the biggest one in the world. People living in urban areas in New York prefer travelling by bus to car. It is one of the cities in which the use of public transport is frequent and constant. The reason for this frequent use of bus as a mode of transport might be because of the less amount of cars people own in New York. Similarly, London has a large network of trams, both underground and over ground rails, subway and buses which help people in shifting from a region to another. Usually, people have travel cards for travelling in buses and people are not allowed to drink alcohol in public transport in London. However, in some countries the use of cycle is preferable as a means of transportation in urban areas (Krizek, 2003). There are many factors that determine the use of a specific means of transportation by people. However, the main reasons of choosing bus services are the cheap costs and affordability; need to have more spacious roads that cannot be possible if everyone moves on his own car and social responsibility that everyone gets a chance to travel regardless of whether he owns a car or not (Naess, 2005). Some modes of transport are used in specific regions depending on the people’s needs. For instance, in such a place where people collect the products from various factories and intend to export them, they need some means through which they can transport the materials to different places. Usually this is done by means of ship if there is an ocean nearby or by bus, train or airplane. Change of Trend:

Padini Swot Analysis Essay Example for Free

Padini Swot Analysis Essay For this particular event, I contributed myself in helping out the needy by showing them my support by donating food, clothes, toiletries. On the 23rd March 2012, at 3:30PM, I was told to gather up at Afi’s house (our team leader) to pack all goodie bags that was supposed to be given out for the needy. We organized the goodie bags and separate them according to the sizes of shirts that was packed in. The next day, on March 24th, our event day, at 3PM we gather up at Afi’s house again to double check with all the stuff that was supposed to distributes for the homeless. Right after we were done double checking those goodie bags, we load all of them inside the cars. All together there were 200 goodie bags. At 3:30PM, we started our journey to Kuala Lumpur. Due to the traffic jams in KL, we reached our destination at 4:30PM. We parked our car and gather up to Mr. Peter, Reach Out senior NGO, for briefing regarding the whole event; on what we were supposed to do and how to handle situations. After a couple of minutes, Mr. Peter divided us into separate task. At 5pm, we the event started. As for this Reach Out event, I was assigned to be the photographer of the day. Throughout the whole hour of giving out those food, clothes toiletries to the unfortunates, I went around here and there to capture all the moments that was happening. Time by time, I did help my teammates giving out those goodie bags. By 6. 15PM, all those goodie bags of food, clothes, and toiletries were completely given out. While most of unfortunates were sitting by the roadside consuming the food that was given by us, I took the chance of capturing those moments. We started packing/ clearing/cleaning up the area by 7pm and head home. I believe that our event was a successful one and I have learnt so much from it.

History Of The Irish Republican Army History Essay

History Of The Irish Republican Army History Essay We have been told, we have been asked to hope, that after this war Ireland will get Home Rule, as a reward for the lifeblood shed in a cause which, whomever else its success may benefit, can surely not benefit Ireland (Casement, 1916). Ireland has a long and blood history involving their fight of freedom from religious oppression, rulers and land. It should be no wonder to most that due to these issues in Ireland rebel groups, some labeled terrorists, rose up to fight against the oppression. One such group is the Irish Republican Army, which has been in existence for a little less than 100 years. In order to understand this complex terrorist group one must first look at the history of Ireland, the methodologies and ideologies of this group as well as present and future threats this group faces. St. Patrick was born around 400 A.D. in Britain to a very religious family; his father a Christian deacon. It is claimed young St. Patrick was taken by a group of Irish bandits and held prisoner in Ireland for approximately six years. Once released, St. Patrick attempted to leave Ireland and return to his native Britain. It is stated that St. Patrick received a vision for God while returning to Britain after his capture that he was to remain in Ireland and spread the word of God, hence St. Patrick is credited for bringing Christianity to Ireland which would set the stage for religious conflict several hundred years later (Who Was St. Patrick, n.d., n.p.). Although religion was introduced very early in Irelands history, it did not appear to cause many problems until the issue of Catholicism versus Protestantism. England continued to seize control of Ireland between the 1100s and the 1500s leading the land to be ruled by predominant protestant leaders who attempted to bring in their protestant rules but failed (Henry VIII). This in turn United the Irish Catholics to fight harder for freedom of religion and creating and even bigger wedge between the people and their ruler. These revolts (Ulster Revolt) that the new King, King James I attempted to provide land to protestant settlers in an attempt to create peace. This however old made the wedge greater as now Catholics were fearful of losing the majority and their land (Northern Ireland Timeline, n.d., n.p.). James II came to rule Ireland in the late 1600s and attempted to outlaw many of the anti-Catholic laws which lead to a falling out between him and his counterparts in England. In short as a result of this fighting and his inability to satisfy his counterparts in England, William of Orange was encouraged by Britain to take the thrown. As a result James II fled to Ireland in what would be known as the Glorious Revolution. The Battle of Boyne taking place approximately two years later involved the two in which William of Orange defeated James IIs attempt to regain control of the throne (Northern Ireland Timeline, n.d., n.p.). Another significant event in Irelands history which also ignited Irelands hatred for its British rulers was the Potato Famine. Although many people in Ireland grew many different crops such as wheat and oats, potatoes was a very big staple in their diet. Between 1845 and 1848 the crops in Ireland failed leading to over a million Irish to starve to death. As a result of this incident several fled and relocated in different areas. One of the biggest problems the Irish had was that their British rules and the country of England failed to provide any type of support such as more for fear the Irish would revolt and use the money to buy arms to overrule their government. This led to an even deeper hatred of the British for their refusal to help in a time of need. Approximately twenty years later Charles Parnell felt to solve this issue of Ireland knowing whats best for Ireland, he helped introduce a bill that Ireland should be ruled by Irish Parliament (Home Rule Bill). This bill was introduced once in 1886 and again in 1893 failing both times due to fear that the parliament would consist mainly of Catholics and not equal representation of the Irish. As a result of this failed bill Sinn Fein was formed. Sinn Fein, meaning we the people was an organization that was formed to free Ireland from British rule and regain independence for Ireland as its own separate entity. Although the bill failed two times, a third Home Rule Bill was passed a third time in 1912 (set to become law in 1914) causing major discord in Ireland. As a result of this discord, the proposed solution was to introduce Home Rule with Partition; six Protestant counties would stay a part of the United Kingdom. The IRA was formed from approximately 1000 rebels of the Irish Volunteers decided to take advantage of the fact that Britain was losing the battle with Germany and attempted to declare Ireland its own sovereign entity. This rebellion became known as Easter Rising, as these rebels took over the Dublin Post Office on Easter Monday in an attempt to take back Ireland. British forces did not take kindly to this rebellion and brought troops to this location in an attempt to re-claim the post office. The fighting last for approximately five days and resulted in 400 deaths and over 2,500 injuries. The rebels ultimately lost and ultimately were punished by death. These rebels became known as the Irish Republican Army. The Irish Republican Army as stated above was formed in approximately 1916 after the Easter Rising. The Irish Republican Armys goal is to free Ireland from British rule. They also wanted to remove the British troops from Ireland and unite the country to rule itself. The Irish Republican Army has method of getting its message across includes bombings, assassinations, kidnappings, beatings, smuggling, extortion and robberies (Pike, 2005, n.p.). The Irish Republican Army gets its funding and training from an unlikely source; The PLO and Libya. The Irish Republican Army receives training, money and weaponry from this country and this other terrorist organization (Pike, 2005, n.p.). It should also come as no surprise that Sinn Fein also supports this organization as well as sympathizers from many different countries to include the United States. Although the IRA could be considered one of the main terrorist organizations in Ireland there are also a few splinter groups that originated from the IRA. First is the Provisional Irish Republican Army. The Provisional Irish Republican Army formed off in late 1960s as a result of the hard crackdown by the protestants in Ireland. The IRA was committed to peaceful means of getting a united Ireland while the new splinter group Provisional Irish Republican Army (also known as PIRA or Provos) were seeking change through violence. In short, this new splinter group was the more violent of the two and attempted violent physical acts in an attempt to get their message across (Gregory, 2010, n.p.). Another splinter group of the IRA is the Real IRA which was formed in 1997 in response to those who were displeased with the peace talks that occurred around this time with the British authorities. It is estimated that this splinter group has about 100 followers (Fletcher, 2008, n.p.). This group also appears to distrust Sinn Fein and disapprove of its role that it has in the IRA. Ireland has had a history of discord and unrest but it is important to note the most recent period of discord known as The Troubles that occurred between 1968 and 1998. During this time there were many issues and fighting between Catholics and Protestants. Also during this time were many protests and marches in an effort to protect their civil rights. One of the most famous incidents during this time frame was Bloody Sunday. Bloody Sunday took place on January 30, 1972. During a march of over 1000 people in Derry and British militant without warning or cause shot and killed thirteen catholic protesters. The soldier at the time was acquitted of any wrong doing causing outrage as this march/protest was peaceful. Several years later the British would however, admit their wrong doing. This outrage led the IRA to set off 26 car bombs in Belfast killing 9 people and injuring approximately 130 (Frontline, 2007, n.p.). This outrage and acts of terror would continue for many years. The IRA wo uld continue on its bombing campaign and other acts of terrorism until peace talks in approximately 1996/1997. The Belfast Agreement occurred on April 10, 1998. This Agreement was between the British, Sinn Fein and the IRA. Sinn Fein was invited on the condition that a six week cease come into place. During the negotiations in 1997 the Irish Republican Army retracted its cease fire in July of 1997 causing this agreement to take approximately one year to work out between the parties. The Belfast Agreement stated many things. First, Ireland could not be considered a united independent country without the majority of those living in Northern Ireland. Second, those in the north had the right to refer to themselves as either British or Irish and that was not to cause any discord. This agreement also set up a north/south council to keep both sides best interest at heart. This agreement was well received by the Irish and on May 23, 1998 a referendum showed an overwhelming support for this agreement (Timeline, n.d., n.p.). Since this agreement in 1998 it appears that the IRA has been contained. There have however still been illegal activities being executed by the IRA. According to one source, in 2004 the IRA was implicated in two sever robberies with one involving almost 50 million dollars (Pike, 2005, n.p.). A short while later the IRA also put an end to it armed violent campaign. The current leader, Óglaigh na hÉireann issued a statement on July 25, 2005 that he was ordering all his armed forces to dump their arms. In this statement he also indicated that although he still believed in their cause (to rid the country of British rule and unite Ireland into its own entity), he felt this could be accomplished through no violent means (Kuznicki, M., Willet, C., Griffin, M., Manley, E., Matten, R., n.d., n.p.). In conclusion, it appears for now that the IRA has taken a less violent turn. It should be noted however that although the IRA appears to be giving up arms there are many splinter groups and sympathizers with this organization all over the world that have not agreed to a treaty. It seems that the key to less violence is for British troops to stay out of Ireland and allow that country to continue on its own path.

Co-branding Curtin University Miri

Co-branding Curtin University Miri Executive Summary The followings aim to allow the reader to have an understanding of co-branding. Certain real life business example is used to illustrate of the relevant theories that has been extract from research journal. Many other relevant articles are also being used for discussion to make the subject matters as current as possible with the objective to stay valid as in point of reading. Inside this paper, co-branding was explained as to why it has been applied as a strategy to explore new market and growth by businesses. Types of example in co-branding that exist and practise in the market. In addition, all the marketing-mix tools are discussed as to how it can impacts the co-branding process. The benefits and disadvantages are also being put forward for discussion with a recommendation to use co-branding as a business strategy. Introduction In today complex business world, whereby competitions are fierce especially for the fast moving consumer goods industry (Helmig, Huber and Leeflang 2008, 359), marketers tried to use any tools they has in order to open a path for additional opportunities for new customers and trade channel to generate greater sales from their existing target market. Co-branding is one of the marketing strategies that used by marketers to create opportunities in achieving business growth in the market. Some may have wonder, what is co-branding? Co-branding is either two or more renowned brands that combined to form an alliance to work together and creating marketing synergy (Kotler, Keller and Burton 2009, 361). In simple term, it means that two brands comes together to create a single, unique product. This pairing can be in a marketing context such as in advertisements, products, product placements and distribution outlets (Grossman 1997, 191). Such marketing synergy can potentially expands the customer base, to increases profitability, responds to the expressed and latent needs of customers through production lines, strengthens competitive position through a bigger market share, enhances product introductions through enhancing the brand image, creates new customer-perceived value and yields operational benefits through reduced cost as stated by Chang (2009, 77) of a notes identified by Gaurav Doshi 2007 article. Co-branding An example of successful co-branding is the McDonald ice cream with MMs candies and also Kraft Oreo cookies which resulted to the creation of MMs Mcflurry and Oreo Mcflurry ice cream products. The success of both MMs and Oreo Mcflurry ice cream is an example of utilizing two or more brand names to introduce a new product with competitive advantages. Chang (2008, 220) state that the purpose is to capitalize on the reputation of the partner brands in an attempt to achieve immediate recognition by the consumers. Airasia, the low budget airline of Malaysia has done very well in the online booking for air travelling, had form an alliance with Citibank to introduce their unique Airasia Citibank credit card (Citibank and Airasia tie the knot! 2007). In this example of joint-venture of co-branding, both Airasia and Citibank have their own separate brand equity, and both also earned brand awareness and positive brand image. Their alliance for success comes from a logical fit between two brands, thus their marketing activity maximises the advantages of each other while minimising their disadvantages as mentioned by Kotler, Keller and Burton (2009, 361). The research done by Park, Jun and Shocker (1996, 464) shows that consumers are more likely to accept the co-branding product when two brands are complementary rather than similar. Their alliance is a perfect match as both Airasia and Citibank which can tap on each other customer base to increase their business activity and on top with increase in p rofits. Further to another type of co-branding is known as same company co-branding. This is an example of Nestle Company in Malaysia when they develop Nestle ice cream using their well known chocolate brand like Kit Kat and Smarties to penetrate into the ice cream market (Nestle in your life: ice cream n.d.). Thus, with immediate brand awareness among their loyalty customers, Nestle are optimising their chances of success of a new launch product. The list does not stop here as there are other types of co-branding, which is multiple-sponsor co-branding, such as Taligent, a one-time technological alliance of Apple, IBM and Motorola (Kotler, Keller and Burton 2009, 361). There is also retail co-branding, example like Pizza Hut and KFC in Malaysia, where two retail businesses use the same location as a method to maximise both space and profits. Moreover, ingredient co-branding is another type of co-branding; a successful example of this is Intel whereby the ingredient branding was so strong that the consumers insist of buying Personal Computer with Intel Inside. Thus, it gives great impacts towards major manufacturer such as Dell and Compaq to adopt Intel chips for their finishing products (Kotler, Keller and Burton 2009, 362). The benefits of Co-branding It is common for all businesses face towards the challenges of financial risks when introducing new brand to consumer market (Aaker and Keller 1990, 27). In addition, a product or services life cycle is getting shorter each day as the advancement in technology has makes it easier to copy among brand in the same industry. It is because of these, the risks inherent in establishing new brands are high, with a failure rate ranging from 80 to 90 percent as mentioned by Leuthesser, Kohli and Suri (2002, 35). So, in this instant co-branding make sense as it can increase brand distinctiveness by capitalizing on the values embedded in cooperating brands. Through the arrangement of co-branding, businesses are able to do brand-leveraging which capitalize on existing brand equity rather than building new brand equity as noted by Dickinson and Heath (2008, 22).Take Airasia Citibank credits card for example, the benefits of being the card owner automatically becomes an elite traveller to enjoy spe cial fares and holiday packages not available elsewhere. By merging values and identities of brands originally engaged in different industries, now both are able to gain consumer choices, loyalty and consequently lead the brand to uniqueness and distinctive as compare to their competitors. From this example it has deliver the aim to increase the distinctiveness of the co-branding product and also gain customer loyalty by providing them with the alliance benefits. Thus, it also achieves its set objective of co-branding that is to expanding customer base, creating a new customer perceived value and most importantly to strengthen its competitive position in the market. As market condition change rapidly, it is not easy for a product to have a safe sailing to success as there is full of choices and is keep on increasing for the consumers to choose. Brands research also found that a single brand may not be able to meet the demands of variable individual needs such as custom design with added value (Djurovic 2009). By using extension co-branding to enhance the products will able to meet those individual needs. For example Bacardi and Coca Cola or Bacardi and Sprite, to have co-branded Bacardi Mixers range to show and suggest alternative ways to consume the two brands. By this arrangement, both brands will gain financial benefits, to have introduced a new product range with a strong image and also respond to the expressed and latent needs of the customers. The other benefits of co-branding is that the product has it uniqueness and distinctive characteristic, thereby induce more sales and also reducing cost of product introduction as noted by Desai and Keller (2002). Interestingly, co-branding is able to work more efficient and effectively communicating through to the consumers as the two brands awareness is high (Aaker 2003, 84). Marketing tools for Co-branding Indeed co-branding activity has increase over the past decade as Spethmann and Benezra (1994) noted that the number of corporate alliances worldwide, including co-branding ventures is continuing to grow at 40% rate each year, involving billions of dollars in assets. Such an increase in co-branding activity may project itself to be a popular strategy as mentioned by Hilton (2007). In addition he asked is it also a smart one? and he answered it with a qualified yes if it is executed well. In order to execute well, we need to discuss any of the relevant seven Ps in marketing mix tools. The seven Ps mentioned which is Product, Price, Promotion, Placement, Physical evidence, Process and People. Marketers use these tools to make marketing-mix decisions for influencing their trade channels right to their end users. In practise, companies seek growth through innovation of new products by their research and development team and co-branding strategy can develop this new product to success by provide perception of quality and image as it capitalizes on the unique strengths of each contributing brand (Chang 2008, 498). For easy focusing onto one industry, we use the fast moving consumer goods as our point of discussions Generally for a co-branding to success, the potential partner has to be large and have strong distribution channel or customer base with positive market image. As mentioned, the market environment change rapidly and the speed to market is one of the key success factor to a co-brand product or services. The aim is to establish a strong foothold before the onslaught by competitors. With wide distribution coverage or customer base will enable this task to be accomplish on the set target. In order for the execution of the co-branding to have a speedy reach out to the market, marketer must look into trade promotion and advertising campaign to assist in numerous ways. The joint sales promotion and advertising campaign is to stimulate interest and inquiries in the market among their loyalty customer and the trade promotion activity should focus on communicating the benefits and value-added the co-branding can provide to the consumer. When these two brands form an alliance for joint promotion on their co-branding product or services, the objectives is for those two brands to provides greater assurance about the quality standard than those of a single branded product from the perspective point of view as noted by Rao, Lu and Ruekert (1999, 259). Thus, from this positive point of view by the consumers it lead to higher product evaluations and this will allow the co-branding product or services to command a premium prices (Helmig, Huber and Leeflang 2008, 360). To illustrate our point we take the Nestle and LOreal as example. Nestle and LOreal recently announced their pairing. One may have asked what common value does these two have. Nestle is the world leading nutrition food producer and the company mission is to produce healthy food to feed the world but not restricted to inside but also our outer body, which is our skin. Indeed, LOreal comes in as a perfect match as the brand is the global leader in skin care. Their pairing is seen to be an unorthodox brand alliance as noted by Lindstorm (2003) but it has those values that the customers can relied and be convincing of their brand alliance commitment. In this instance, the uniqueness and distinctive of the co-branding product has a high evaluation by the customer as indicating of higher chance of success sales and also better command of price point. Although physical evidence is most commonly being used to evaluate for the service industry such as restaurant and hotel (Physical Evidence the lifeline for service companies 2006), we can also make it to be a relevant point to discuss for fast moving consumer goods as in its packaging as physical evidence. The packaging has to be attractive and user friendly. An example of user friendly packing is the pull up cap for canned foods as it allows the buyer to easily open and consume it. As nowadays consumer are also concern of environmental issues, they are also choosing for product packaging that can be recycle after consuming their contents. This physical evidence can also take form as in a warranty or guarantee. Take Duracell for example that has guarantee against defects in materials and workmanship due to a battery defect (Duracell Guarantee n.d). Here the physical evidence is clear and has communicate to the user that Duracell will repair or replace it. These are deems to be an im portant physical evidence a co-branding product can emulate to makes it unique and distinctive. The other Ps of the marketing mix is the process. In marketing mix, the process is an element of service that sees the customer experiencing an organizations offering as mostly in the service industry. As for fast moving consumer goods, the process that the co-brand product wishes the customer to experience is hassle free to access to the product. In short, the availability of the product is sufficient in every retails store and in arm reach location. One such example is the Wrigley Company in which their sales strategy is to focus on the process of the potential consumers reach for their chewing gums product. The result, Wrigley chewing gums was distributed to any corner of the world and to display it at arm reach location in order for the customer to have pleasant experience when reaching for their products. Wrigley understand it well that it continue to focus on recognizes the uniqueness of each one of their consumers and efforts are made to reaching them and in return of hopes th eir potential customer will get to know more of their products and purchase them. The last Ps is the people. Peoples are very important in co-branding. What makes co-branding products a success besides its uniqueness, distinctive and value added to attract the consumers is its people that work behind and in front. A consumer who comes into contact with the co-brand product will make an impression, and they can have a profound effect, either positive or negative and that is on customer satisfaction. The reputation of co-brand product rests in the peoples hands so they must be therefore trained, well motivated and have the right attitude. They must have high level of commitment, competence and complete understanding of their products. The attitude to believe that their co-brand product is unique and will bring them more sales and profits thus, it cans moves them to self motivate to service their customer to satisfaction. The disadvantages for Co-branding By now, the above presented, should be able to give the philosophy behind co-branding and that is to increase both market share and revenue as well as gaining competitive advantages through customer awareness by providing them with a co-branding product that is distinctive and unique. Although co-branding looks rewarding and it does sounds like a perfect strategy to seek growth and by understanding the benefits of co-branding and reviewing the marketing tools to assist it to success alone is not enough. Co-branding does not come without risks, as one have to aware that only one in five attempts of a brand mergers succeed as mentioned by an article by Knudsen et al. (1997, 189). In many ways, brands can be explained like people, they their own values and direction. In real world is difficult for married couples to reconcile their differences and commit to stay to each other forever as noted by Lindstorm (2002) and that half of the worlds marriages ending with a divorce so as co-brandi ng partnership. The risk of co-branding is pairing with a partner that can tarnish the existing products strong brand equity, as the two alliance brands has become connected together in the consumers mind as mentioned by Ueltschy and Laroche (2004, 93). The pitfall here is that when consumers attribute any negative experience due to the fault or negligence of any one party of the alliance, the overall brand equity could be damage and poses threat to co-branding and resulting the other brand being perceive as weak (Kocherp 2009). Thus, when it lead to a negative evaluation by the consumers and is likely also to cause damaging to the co-branding privilege of price command in the market as it used to enjoy over their competitors. The other scenario that a co-branding may fail is when the two products have different market and are entirely different such as no complimentary effects. If there is difference in visions and missions of the two alliance companies, then the co-branding may also fail costly. To take an example of a failure co-branding is the case of American Airlines and America Online. They ambitiously launched a joint consumer-loyalty program in 1999 in search of brand synergy. As the program never met any of the co-branding expectations, they separate their alliance and some analysts say that their failure was due to the co-brand product and never really did anything interesting with it and didnt seem to commit to it as noted by Buss (Brandchannel n.d.). Perhaps their co-branding failure is due to the absence of a clearly defined strategy. When this physical evidence happens, the people as mentioned in the marketing-mix, also has an impact onto them. Failure of alliance means the loss of their cre dibility and capabilities to be able to create a market synergy branding product. The process the customer experience is unpleasant as we used American Airlines as example, to illustrate our point. Imagine all the loyalty program as promise to their loyal customers has either end up empty handed or being compensated by other means in which may not be up to the expectation of their customers. This will surely cost the image of the parent company. Co-branding may result into creation of new ideas for products or services, which leads to the entrance of new competitors who combine the features of both brands into one (Kocherp 2009). Such case was the example of IBM and Microsoft partnership to develop DOS operating system for its personal computers in which it lead to a series of sequence events that eventually creates Microsoft as dominance as we know it today (Leuthesser, Kohli and Suri 2002, 42). So, the potential partner for co-branding arrangement should be place under screening and be analyse to what extent it can be spawn to be the next competitor. As always we have to bear in mind that, every coins has two side and after being able to present the above disadvantages, we also must not forget the benefits of a co-branding has to offer as mentioned earlier for marketers to adopt as a strategy to seek growth for businesses. It is always practical to apply a S.W.O.T analysis as in Strengths, Weakness, Opportunity and Threat to review the co-branding proposal. The S.W.O.T analysis is a useful tool to provide an insight to the potential co-branding proposal of their strength versus their weaknesses within the brand and company of alliance. It also provides to review of what was the opportunities can be created through the partnership versus the threat and challenges facing towards. Co-branding as marketing strategy Before drawing any decision to adopt co-branding strategy to gain market advancement, lets review some important co-branding points that have been mentioned earlier. The alliances can provide an equal benefit for both entities, the values of both brands can complement each other and the brand relationship can creates value added to the customers. According to Leuthesser, Kohli and Suri (2002, 41), which defines four co-branding strategies which is, reaching in, reaching out, reaching up and reaching beyond. By reaching in, the strategy is to achieve greater market penetration by alliance itself to other brands that can complement what the existing brand shortfall when introducing over line extension. Such arrangement was the example of McDonald MMs Mcflurry ice-cream in which McDonald capitalize on MMs strong brand awareness to reach in for greater market penetration. Mcdonald by focus on products has actually utilised one of the marketing-mix tools to reach in for greater market penetration. In reaching out, the strategy is to tap onto new market horizon and to achieve this objective is to co-branding with an alliance that give complementary effects and such example was shown in the arrangement of Airasia and Citibank credit card. Their alliance has enabled each of the partner company to reach out to tap into different industries. Thus, it increases the distribution channel of its business as what marketing-mix tools call it placement, which is product or services reach out to customer through difference networks. Reaching up is a strategy to achieve market advancement by alliances with partners that can elevates positive brand image. The Oral-B brand is such a good example to illustrate this strategy. In the Malaysian consumers market before Oral-B, whereby Colgate is the eminent household name among the majority of Malaysian consumers and of cause needless to say, Colgate was dominating in the retail outlets as well and where Oral-B brand was unknown to the local Malaysian. Then Oral-B start to strategy for the past decade by getting the endorsement from the dentist association of Malaysia to raise its brand image among Malaysian dental care user and as a result of the prominent co-branding and today the Oral-B branding has been strong in the mind of the consumer. In order to achieve total cavities free, Oral-B dental care product range is now the Malsysian first choice upon purchasing. As highlighted by Ueltschy and Laroche (2004, 93), when the two alliance has become connected together in the consumers mind, the result is a strong brand equity been build. The successful of reaching up, to elevates the brand image has enable Oral-B to have better command onto their product pricing thus it makes more profitable business than the rest of its competitors. This is a case of using the marketing-mix tools of price. When a brand has a better command of price it generates not only handsome profit while also generating a substantial amount of advertising and promotional activity fund to create sales opportunity whenever there is a necessary. It is shown that Oral-B has demonstrate how to utilise the price tool very well in order to be price competitive and with profit where many others has failed upon utilising it. In reaching beyond, the strategy involves alliance with a co-branding partner that can elevate strong image and gaining access to new customer. The objective of this strategy is to reach up and reach out. The Airasia and Citibank credit card is also showing an example of this strategy. Airasia by co-branding with Citibank is said to be reaching beyond as it can tap onto the huge customer base of the bank while Citibank is also said to have reaching beyond when co-branding with Airasia by tapping onto the growing customer base as the airline is expanding rapidly to more than 18 countries mainly in Asia. As Airasia continue to grow, so will Citibank as they both are complementary each other in every sense of their business. Conclusion All the above materials is to gives an overall understanding of a co-branding whereby it is one of the marketing strategy often time utilise by marketers to seek growth in a saturated market environment. By accessing to the marketing-mix tools and its function, marketers who intelligently applying it can accelerates their co-branding business to new heights while others that has already in the forefront can also creates new heights as the benefits of co-branding as presented is encouraging for one to consider to venture into it. However, when applying co-branding as the strategy, it is advice to use a S.W.O.T. analyse to screen for the weakness and threat it possess and whether the overall alliances is worthwhile the risk that is at stake that can influence the parent brand. In general through research as discussed above, co-branding will success when there is a logical fit with the alliances. It is thereby the possibility for a co-brand to build into a successful trademark is high as long as it executed well as noted by Hilton (2007). References Aaker, D. The Power of the branded differenciator. MIT Sloan Management Review 45 (1): 84. http://proquest.umi.com (accessed February 19, 2010). Aaker, D. A., and K. L. Keller. 1990. Consumer Evaluations of Brand Extensions. Journal of Marketing 54 (1): 27. http://proquest.umi.com (accessed February 18, 2010). Chang, W. L. 2008. A Typology of Co-branding Strategy: Position and Classification. The Journal of American Academy of Business, Cambridge 12 (2): 220. http://proquest.umi.com (accessed February 20, 2010). Chang, W. L. 2008. OnCob: An ontology-based knowledge system for supporting position and classification of co-branding strategy. Knowledge-Based Systems 21 (6): 498. http://www.sciencedirect.com (accessed February 22, 2010). Chang, W. L. 2009. Roadmap of Co-branding Positions and Strategies. The Journal of American Academy of Business, Cambridge 15 (1): 77-84. http://proquest.umi.com (accessed February 20, 2010). Citibank and Airasia tie the knot! 2007. http://74.125.153.132/search?q=cache: ww683c27D0IJ:www.airasia.com/site/my/EN/pressRelease.jsp%3Fid%3Db94cffbb-ac1e00ae-1c199190-cf8b2e60+airasia+and+citibank+in+co+branding+in+Malaysia hl=engl=mystrip=1 (accessed March 12, 2010). Desai, K. K., and K. L. Keller. 2002. The Effects of Ingredient Branding Strategies on Host Brand Extendibility. Journal of Marketing 66 (1): 73. http://proquest.umi.com (accessed February 19, 2010). Dickinson, S. J., and T. Heath. 2008. Cooperative Brand Alliances: How to Generate Positive Evaluations. Australasian Marketing Journal 16 (2): 22. http://proquest.umi.com (accessed February 18, 2010). Djurovic, V. 2009. Co-branding, a 1+1>2 formula. http://www.articlesbase.com/marketing- articles/cobranding-a-112-formula-881542.html (accessed March 1, 2010). Duracell guarantee. n.d. http://www.duracell.com.au/pages/company-information-duracell- guarantee.asp (accessed March 9, 2010). Buss, D. n.d. Happily ever after? http://www.brandchannel.com/features_effect.asp? pf_id=151 (accessed March 8, 2010). Grossman, R. P. 1997. Co-branding in advertising: developing effective associations. The Journal of Product and Brand Management 6 (3): 191. http://proquest.umi.com (accessed February 18, 2010). Helmig, B., J. A. Huber, and P. S. H. Leeflang. 2008. Co-branding: The State of The Art. Schmalenbach Business Review 60 (4): 359-377. http://proquest.umi.com (accessed March 3, 2010). Hilton, J. 2007. The Marketing Evolution of Ingredient Co-branding. http://www.nutrasolutions.com/Articles/Feature_Article/BNP_GUID_9-5-2006_A_ 10000000000000118679 (accessed March 2, 2010). Knudsen, T. R., L. Finskud, R. Tornblom and E. Hogna. 1997. Brand consolidation makes a lot of economic sense. The McKinsey Quarterly 4: 189. http://www.questia.com/ googleScholar.qst;jsessionid=LpwDkkZsQj4TM5l6qyJ2Fh11v14JMfHk11MXPnp6dGycyfYFMV7j!226308462!-2102291406?docId=5001525308 (accessed March 3, 2010). Kocherp. 2009. The Advantages and Disadvantages of Co-Branding. http://www.brighthub. com/office/entrepreneurs/articles/46418.aspx?p=2 (accessed March 3, 2010). Kotlet, P., K. L. Keller, and S. Burton. 2009. Marketing Management. Australia: Pearson Education Australia. Leuthesser, L., C. Kohli, and R. Suri. 2002. 2 + 2 = 5? A framework for using co-branding to leverage a brand. Brand Management 11 (1): 35-47. www.marketingritson.com/ documents/week4cobranding.pdf (accessed March 3, 2010). Lindstorm, M. 2002. Brand + Brand = Success, Part 2: Brand Marriage Failure. http://www.clickz.com/988901 (accessed March 8, 2010). Lindstorm, M. 2003. Unorthodox Brand Alliance. http://www.clickz.com/3099131 (accessed March 8, 2010). Nestle in your life: ice cream. n.d. http://www.nestle.com.my/Nestle+In+Your+Life/Our+ Brands/Ice+Cream/ (accessed March 3, 2010). Park, C. W., S. Y. Jun, and A. D. Shocker. 1996. Composite Branding Alliances: An Investigation of Extension and Feedback Effect. Journal of Marketing Research 13 (4): 464. http://proquest.umi.com (accessed February 21, 2010). Physical Evidence the lifeline for service companies. 2006. http://sevenpsofservicemarketing. blogspot.com/2006/04/physical-evidence-lifeline_114569507522538712.html (accessed March 10, 2010). Rao, A. R., Q. Lu, and R. W. Ruekert. 1999. Signaling Unobservable Product Quality Through a Brand Ally. Journal of Marketing Research 36 (2): 259. http://www.csom. umn.edu (accessed March 5, 2010). Spethmann, B., and K. Benezra. 1994. Sometimes one and one add up to more than two. Ask ConAgra and Kellogg, Nabisco and Subway, or Ocean Spray and Pepsi. http://www.brandweek.com/bw/esearch/article_display.jsp?vnu_content_id=544878 (accessed March 1, 2010). Ueltschy, L.C., and M. Laroche. (2004). Co-brand internationally: Everyone wins? Journal of Applied Business Research 20 (3): 93. www.cluteinstitute-onlinejournals.com (accessed March 10, 2010).