Analysis Of The Movie Brooklyn - 1589 Words

Eilis leaves Ireland with the clothes on her back and a single trunk of clothes in her hand. For her, America is a shining beacon of opportunity. The movie Brooklyn (2015) captures the emotional struggle of wondering where home is. Eilis feels her heart is in Ireland while her body is in Brooklyn; characters such as Tony help bring her heart over to America. Film is a wonderful tool to describe the world, whether in the present, past, or future sense. The movie Brooklyn is an era specific piece that beautifully tells the story of a woman immigrating to America from Ireland; but there’s always more than what meets the eye to a movie. A good source of reference to those who want to be able to see further into movies is Filmish by Edward†¦show more content†¦The movie forces this reaction on the viewers by setting up Miss Kelly’s character as rude and insensitive. This interaction subconsciously disconnects any positive emotions about Ireland laid out before in th e movie. The audience is being roped into the arc of the story. Over the course of the movie, words are a powerful force, â€Å"yet for all their power, language and voice are fragile forces. [... they] control our perceptions of the world as much as it liberates us† (Ross, 107). In the case of Brooklyn, Ireland and the letters coming from it are chaining Eilis down. The first letter that she receives from home causes Eilis to breakdown. She cries to herself in her room at home, but the pain lingers into the next day and she cries while on duty at work. Her body is going to live in America, but her heart is at home. Cinematically the ship acts as a transition from Ireland to America. Even the color scheme of the movie changes from dull browns in Ireland to reds and greens when she arrives in America. The very first night on the ship is hell for Eilis. In a moment of naivety, she eats the soup that is for dinner. A storm angrily stirs the ocean, sending the boat into a rocking frenzy. This caused the contents of Eilis’ stomach to make a reappearance. She becomes visibly paler, almost to the point of looking like a ghost and her hair has been matted down from her sweat. Her body is rackedShow MoreRelatedDo the Right Thing Film Analysis1096 Words   |  5 PagesRight Thing Film Analysis â€Å"Violence as a way of achieving racial justice is both impractical and immoral. It is impractical because it is a descending spiral ending in destruction for all.†(Martin Luther King Jr.). Violence and racism are both important motifs in, Do the Right Thing (Lee, 1989). They are prominent in almost every scene of the film and lead to the climax when Radio Raheem is killed by the police. Spike Lee used many different directorial techniques in his movie. Heat and music wereRead MoreDo The Right Thing?1388 Words   |  6 Pagescreative yet simplistic aggression in the movie â€Å"Do the Right Thing† lends itself a strength that is necessary in tackling controversial issues such as racial prejudice. Spike Lee, a known genius in the art of film directing, eloquently shaped the story so that the audience is able to see the dynamics of a multi-racial community without holding any bars. Lee advocated for a society that is more open to constructive conversations about so cial embargos. This movie was a daring platform that shows justRead MoreEssay about Developing My Critical Thinking Skills997 Words   |  4 Pagesfor exams and ended up in a bad place part-way through the semester. Thats when you offered an extra-credit assignment that required an analysis on Do The Right Thing. This e-mail is to express my deep gratitude for giving me any credit at all. 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World Distribution and Economic Effects of AIDS Essay

AIDS was first diagnosed in the USA and although now a world wide pandemic, the main extent of the AIDS problem is concentrated in the continent of Africa, especially south of the Sahara desert. In 2004 30 million Africans were infected and living with AIDS, it is estimated that up to a third of central African are infected with the virus HIV. In other parts of the world the AIDS problem at this time is not so severe however the virus is spreading rapidly, especially in Russia and the former Soviet Union countries. In South East Asia the problem is growing the fastest, due to half the world’s population living in that corner of the world. It is thought that by 2010 the AIDS problem in South East†¦show more content†¦HIV HIV (human immunodeficiency syndrome) is a retrovirus, meaning that it uses it’s viral RNA to produce a single strand of DNA called cDNA (copy DNA) inside the host cell. It carries the enzyme reverse transcriptase which synthesises a single strand of DNA from the viral RNA by reverse transcription and then directs the formation of a complementary double strand of DNA. The double stranded DNA is then inserted into a chromosome in the host cell, where it codes for the synthesis of viral proteins. The HIV virus specifically attacks T-helper cells which are the bodies defence mechanisms. However once in the cell damage does not occur straight away, the virus remains latent as the infected cells first need to activated. This often occurs as a result of a secondary infection. Once activated the HIV starts to replicate and destroy the host T4 cell. By destroying them it reduces their numbers, this means that the bodies ability to fight disease is greatly reduced due to a lack of white blood cells. Eventually the infected individual can succumb to most forms of infection due to their immune system being so weak. AIDS is culmination of diseases gained due to a weakened immune system. People effectively die of a secondary often common disease. Replication of HIV First the HIV retrovirus attaches to a receptor site on the surface of the host cell,Show MoreRelated Income Distribution and Economic Growth in LDCs Essay1673 Words   |  7 PagesIncome Distribution and Economic Growth in LDCs INTRODUCTION In recent years, one of the major concerns of economic development is the study of poverty, the income distribution and growth in the less developed countries (LDC’s) or Third World countries. Economists from all over the world have been doing researches and studies on how to induce a growth in those underdeveloped countries. However, countries differentiate in historical backgrounds, cultural believes and natural resources.Read MoreAfric The Cradle Of Mankind1571 Words   |  7 Pagesnegatively affects continental growth and poverty reduction. 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Before evaluating the merits of available courses of action the military can take to address Syria’s medical crisis, it is importantRead MoreAnalysis Of One World : The Ethics Of Globalization Essay1355 Words   |  6 PagesPeter Singer, the author of One World: The Ethics of Globalization, wrote this book/thesis to point out all of the global economic and political problems that are plaguing our world and suggests a few solutions in the hopes that it can help turn the current state of our world in the right direction to help find answers for the long-term problems of humanity and not just rely on the short-term fixes. From a â€Å"global ethical viewpoint† he distills all of his views on the problematic nature of the world’sRead MoreThe United States Wealth Inequality Gap1369 Words   |  6 Pageswealth inequality gap is one of the largest gaps in the world. 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Histories Maladies Essay Example For Students

Histories Maladies Essay It seems these days that our worlds history is becoming more and more misconstrued and misused. Everywhere you look or read about history, someone has made a massive blunder. Facts become fiction and fiction fact. And its always done so to someone or some groups benefit. Take the history of slavery, for example. This always controversial subject has been a key element in the history of our United States of America for many generations, and will be for many more. But the truth, rather the complete truth is not taught in school. Why? Because if it was there are certain groups of people that would be outraged. This is not a racist or prejudiced view, but people who seem to believe that others should be held accountable for what their ancestors did to the others ancestors will always hold a controlling voice in what is taught in history. Where did this point come from? Simple: as we all know, native Africans were sold into slavery during American colonial times. That has never been disputed. What is not taught, however, is who sold them into slavery. And why is that? Because if it were taught, that controlling minority would lose its control, not just over history, but politics, education and more. And whats more about slavery is that it wasnt only Africans who were sold into slavery during the course of mankind, but also Jews, Arabs, Irish, Scottish, English, Germans The list goes on. In fact, every major ethnicity or nationality has had members of its ancestry enslaved at some point in time. Its nothing that hasnt been performed for eons. But why do we concentrate so hard on the slavery of Africans? Because we have to. Another problem with history as it is taught is religious persecution. Christianity for many centuries has complained that it is persecuted constantly throughout history. Yes, thats true, but Christianity fails to point out that it itself is one of the worst religions when it comes to persecuting other religions. The Crusades are a prime example of persecution performed by Christianity. No religion is exempt from having been persecuted or having performed persecution. But were not allowed to know that. The Jewish religion is another example. Always one of the most fiercest anti-Christian religions, Judaism is known for being persecuted. Although true enough that their religion has most definitely suffered the worst religious abuse they too participate in the active destruction of other religions. But we will never be taught this. Why do we give so much power and control over history to small groups? Is it because we are afraid that if we dont they will repeat history, but in reverse? Are white Americans afraid that they will be forced into slavery like was done to black Americans? Are we afraid of another Crusade or Holocaust? Likely so, and in some cases justifiable. It does still happen in some parts of the world. But must we always live in fear of the truth? Truth is only knowledge, and what we learn from that truth will be the only thing that truly allows us to live as one world instead of many divided countries. All humans have red blood, two eyes, two legs and so forth. The only difference between one man and another is not the color of skin; it is the level of intelligence and wisdom that society allows them to achieve, a society that they are a part of. If we continue to allow ourselves to become more ignorant to the truth, the more we will hate those that live among us, and ourselves. We will become a world of each man for himself. We will fail as a species created by God in all aspects of humanity. History is our teacher, and we have a lot to learn.

The Influence of Hip Hop on Youth Essay Example For Students

The Influence of Hip Hop on Youth Essay Technology has a big impact on our youth. Nowadays you see fewer kids go outside and play or do activities out of the house. Most kids would rather be inside playing video games such as Play Station or other gaming consoles. Media is one of the important things that have potential to generate both positive and negative effects. In study done by Nola Mokeyne, proves that the impact of TV on youth’s society can increase the level of IQ. This study also demonstrates how TV has positive effects on our society and certain shows that can be beneficial. There are TV shows that can be helpful, however researched illustrates that negative effect of TV are exposure to violence, inappropriate sexuality, and offensive language. Media is one of the most popular broadcasting in society. Social networking websites connect countries together. Kids know about internet and social websites like Facebook. Millions of people use this website daily to communicate and many other are business users and make profits with them. We will write a custom essay on The Influence of Hip Hop on Youth specifically for you for only $16.38 $13.9/page Order now Various are as media use has positive effects connected to education and obtaining basic information of the world; on the other hand there are negative and positive effects connected to media use related to physical problems and mental problems. The term news media refers to the groups that communicate information and news to would be impossible to gather all the news to people. Most Americans get their information about government from the news media because it increasing reliance of Americans on television and the internet by making the news even more readily available to people. There are main types of news media: print media, broadcast media, and the internet. Technology plays a big role in a teenager’s life in our society. They use it in their everyday life from doing their school work, communication with friends, looking for future school and careers. It is not possible for us to have our youth to stay away from it because in today’s society if they are familiar with the technology, they will have a tough time fitting in. technology should be available to be our youth, however we need parent supervision. Parents play an important role in the youth life especially with the technology because they the ones who give the access to their kids. We can look at the positive effects of the media too. The raising children network says that â€Å"teens can be benefit from media exposure by developing cultural and political awareness† (Cruz). For example, TV, films, magazines, and social media can offer diverse display of different culture and ethic group such as Asian, Latino, Samoan, Black, and etc. There are many news channels such as CNN, FOX News, and BBC, which provides teens with an opportunity to develop the political stance and know what is going on in the world that they are living in. Another benefit about media is social media or networking. Media allows teens to find new friends, which helps to have access to bigger networks and provides more social opportunities. Media also expands skills, which direct them to modern and technological field. There are many positive reasons for the impact of the media on the youth such as cultural and political awareness, and social skills development. Television, films, magazines and social media sites expose teens – which many otherwise be limited to interactions with people from their own cultural and ethnic background – to an array of different people. † (Johnson). News channels such as CNN or FOX news provide information to the youth and give them an opportunity to have their own thoughts and opinions regarding the certain topic. Next we have the positive effects of media on the youth’s social skills and development. â€Å"Social media also allows teens to cultivate new friendship, which brings them access to wider networks and provides even greater learning and social opportunities. Johnson) this also brings social confidence. Social media expands teen’s social skills and it which it helps the get through the everyday life teen. For this subject an interview was done Marjan Soltani, psychology major student in Fresno State University asking for her opinion on media. She is working on her master degree. I asked her â€Å"what is your opinion on the technology in general? † Soltani stated â€Å"In my opinion technology has helped our society so much. We have access to many things that were not available to us and we can gain knowledge. Technology has brought the world together and we can access information that is on the other side of the world. We can have communication with other that live far away from us, or get news from anywhere instantly. However there are some bad things that technology has mostly on our younger generation. † There are many different opinions regarding the subject on the media’s effect on the youth. Media could be both good and bad for the youth. The percentage of health risks rises when the individual is exposed to music, movies, or TV. Some health risks that come with the high exposure rate to the media and technology is obesity. There are also unhealthy lifestyles. Eating habits of the youth have a very big impact on the future of the individuals. Media can change the eating habits of the youth very quickly and very easily. â€Å"there’s no one advertising the benefits of eating fresh fruit every day, no one’s promoting drinking 8 glasses of water daily† (Cruz). The commercials that are being mostly displayed are the fast food ads. Because the lack of commercials that promotes eating healthy, the youth has adopted many unhealthy eating habits. The media makes people lefWhen it comes to one of the biggest influential cultures in America, the hip hop culture has a huge impact on todays youth. Once limited to urban music and dance, hip hop is not just entertainment, for many its a way of life and a form of communication listened to by todays youth widespread across America. As a cultural movement, hip hop manages to get labeled as both a positive and negative influence on young people, especially on Black and Latino youth. On one hand, there are African American activists, artists and entrepreneurs, who seek to build a progressive movement among young hip hop fans. Heavily active in the movement to help influence youth with trending fashion, socializing, freedom of speech, and showing that one can make something of him or herself coming from poverty. On the other hand, there is no shortage of critics who denounce the negative portrayals of Black people, especially women. Hip hop is known for bombarding the youth with graphic sexual images of females in videos. As well as, the very noticeable promotion of drugs and violence through lyrical and visual content which reflects the violent lifestyles of inner city American Black and Latino youths. Hip hop the culture formed during the 1970s, when block parties became popular among African American and Latino youth residing in the Bronx area of New York City. Considered the founding father of hip hop, a Jamaican native, Dj Kool Herc observed how the crowds would react to different parts of whatever record he happened to be playing. Those moments tended to occur at the drum break the moments in a record when the vocals and other instruments would drop out completely for a measure or two of pure rhythm. By the summer of 1973, DJ Kool Herc had been using and refining his break-beat style for the better part of a year. .u096305ba5b889fd8baa3f0694e8c741e , .u096305ba5b889fd8baa3f0694e8c741e .postImageUrl , .u096305ba5b889fd8baa3f0694e8c741e .centered-text-area { min-height: 80px; position: relative; } .u096305ba5b889fd8baa3f0694e8c741e , .u096305ba5b889fd8baa3f0694e8c741e:hover , .u096305ba5b889fd8baa3f0694e8c741e:visited , .u096305ba5b889fd8baa3f0694e8c741e:active { border:0!important; } .u096305ba5b889fd8baa3f0694e8c741e .clearfix:after { content: ""; display: table; clear: both; } .u096305ba5b889fd8baa3f0694e8c741e { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u096305ba5b889fd8baa3f0694e8c741e:active , .u096305ba5b889fd8baa3f0694e8c741e:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u096305ba5b889fd8baa3f0694e8c741e .centered-text-area { width: 100%; position: relative ; } .u096305ba5b889fd8baa3f0694e8c741e .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u096305ba5b889fd8baa3f0694e8c741e .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u096305ba5b889fd8baa3f0694e8c741e .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u096305ba5b889fd8baa3f0694e8c741e:hover .ctaButton { background-color: #34495E!important; } .u096305ba5b889fd8baa3f0694e8c741e .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u096305ba5b889fd8baa3f0694e8c741e .u096305ba5b889fd8baa3f0694e8c741e-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u096305ba5b889fd8baa3f0694e8c741e:after { content: ""; display: block; clear: both; } READ: Musicology - the Cave EssayOn his sisters birthday party on August 11, put him before his biggest crowd ever and with the most powerful sound system he had ever worked. It was the success of that party that would begin a grassroots musical revolution six years before the term hip hop even entered the popular vocabulary. In those days, young party goers at first recited popular phrases and used the slang of the time which formed rap. Rap caught on because it offered young urban New Yorkers an outlet to freely express themselves. Often talking about the poor conditions that exist within their communities it served as a form of art available to anyone. People didnt need a lot of money or expensive resources to rhyme. Over the time, hip hop started to trend throughout the nation becoming more popular as it grew. Hip hop during the 1990s, began to leak into the mainstream music business creating lucrative career opportunities for those who rap. By that time, hip hop began to diversify with other regional styles emerging such as West coast, Midwest, and Southern rap. These versatile styles of rap vary depending on the lyrical content and the location of the artist, the content can range from sex, drugs, race, religion, social issues, partying, crime, love and loss. Rap is often recognizable by the location, which plays a huge part in the beats and rhythm of the music. After a while the style of rap music transformed into what people call today gangster rap. Once gangster rap formed the negative influences of hip hop started to flourish. Negative complaints and tough criticism has always been an issue for the hip hop genre of music. Some of these accusations include how hip hop influences the youth to become more sexist towards women by showering the youth with explicit content, such as sexist lyrics in the music. Portraying that sexism and other forms of oppression are acceptable to society. As well as, the promotion of drugs and violence which hip hop artist glamorize the lifestyle of drug dealing and usage claiming that their just telling the story of the life they once lived. Taking the rights of expression and push those to the extreme outer limits, teenagers and preteens are well known to sing along to those songs and even recite particularly lines from a song and use it as their own personal motto to live by. According to Danielle Ligocki, â€Å"all genres of music have questionable lyrics in many of their songs, but hip hop tends to be saturated with lyrics regarding sex, drugs and alcohol consumption. For example, in the week of April 23rd, 2012, the top 10 songs on WGCI, a popular hip hop radio station in Chicago, had references to either casual sex, drugs or alcohol use in 90% of the songs† (Ligocki, The Effects of Hip Hop on Informal Education). There have been many studies suggesting that hip hop has a negative effect on the youth. Some of the studies even go as far to say that there is a â€Å"correlation between rap music and increased criminal behavior, sexual activity and drug use† (Killion, 2005). One of the many studies includes Ralph DiClemente and his colleagues at Emory University at Atlanta, who studied 522 randomly selected African-American females from the same area between the ages of 14 and 18 (Killion, 2005). Interested in how being exposed to rap or Hip hop music affected teenage African American females. The females were split into two groups; a high exposure group and an average to low exposure group. Their findings suggested that there was indeed some sort of connection. The researchers found that after a year of constant exposure to Hip hop music, the subjects behavior and habits did not change and those in the high exposure group were more likely to be sexually active and were less likely to use a condom. The subjects were also more likely to have sexually-transmitted diseases, be binge drinkers and use more drugs (Killion, 2005). In more recent times; politicians, law authorities, and a handful of journalists have been connecting the increased social negativity with rap music. One writer for the Seattle Times states, â€Å"Rap music is not pretty. It’s loud, boastful, crude, threatening, angry, sexist and violent† (Macdonald). Another writer for the Los Angeles Times says, â€Å"There was violence in the black community long before rapping and hip-hop. Black-on-black crime has always been high, gangs have existed for decades, and it’s sad but many lyrics are simply expressing what is going on in our â€Å"ghettos† by day and night† (Dymally). Although there has been many studies suggesting that hip hop music has a negative effect on the youth, there has also been many people to say that h4ip hop has many positive aspects to it. Rap and hip hop have changed society and though the negative influences are very visible. Rap music has had numerous, positive influences on the American nation. One of these positive effects is that it has acted as a great unifier of diverse populations. It may have begun as a subculture among African American communities but it is now a phenomenon of global culture. The ethnic and racial diversity of hip hops fan base helps to break down cultural barriers both in the U. S. and abroad. Many people from all over the world have been introduced to this type of music and since it is such a relatable type of music, all different races and colors of people have been able to have something in common. Hip hop has bridged the culture gap and bring people together. It has given young people a way to understand their world, whether they are from the suburbs or the city. Another important role hip hop has played in America, is that it has brought issues of poverty suffering neighborhoods into the lime light of the media mainstream, when before this issue was ignored for the most part. Rap music provided a generation with another means of artistic expression. It can be considered urban storytelling and allows youth to tell stories in another way, so that they may be heard. When listening to rap lyrics you can hear examples of simile, metaphor and rhyme scheme which are poetic elements taught in most English classes. Rap lyrics can be used to teach and reach out to the youth. Differing from the stereotypical images often associated with rap music such as sex, drugs, and violence there are artists who contribute lyrically in a positive manner such as Afrika Bambaataa, Grandmaster Flash, Common, Nas and Mos-def are just a few whose lyrical content promotes pride and social consciousness. Many of those rappers rap about poverty and their struggles in inner-city America while coming from a background of poverty in the ghettos. Once they achieve success, they talk about overcoming obstacles and rising to the top. This message can give hope to many youths across America who live in similar circumstances. Letting the youth know that one can make it in life by single mindedly going after their dreams acts as a source of great motivation. There are numerous careers in the hip hop industry that can all serve as lessons for young people. Some of these positions are of producers, song writers, publicists, club owners among others. For example, when a rapper raps about his challenged childhood or about succeeding despite living in a drug infested neighborhood, a teenager in a similar situation may believe that he can get through his struggles. Organizations such as Grassroots like the few rappers mentioned have been trying to use the hip hop culture and rap music to decrease youth violence in the United States. In Tucson, Arizona, Usiel Barrios a member of the organization has created â€Å"Elementary Hip Hop Skool†, which aims to use hip hop to get young people involved in community building. This program goals are to empower young people with leadership skills, encourage positive self-expression, and promote community involvement through hip hop. Another Grassroots organization that has been created in recent years is, â€Å"Project Spitfire†. .u8447ce12cf050591ec87ef85e1372f69 , .u8447ce12cf050591ec87ef85e1372f69 .postImageUrl , .u8447ce12cf050591ec87ef85e1372f69 .centered-text-area { min-height: 80px; position: relative; } .u8447ce12cf050591ec87ef85e1372f69 , .u8447ce12cf050591ec87ef85e1372f69:hover , .u8447ce12cf050591ec87ef85e1372f69:visited , .u8447ce12cf050591ec87ef85e1372f69:active { border:0!important; } .u8447ce12cf050591ec87ef85e1372f69 .clearfix:after { content: ""; display: table; clear: both; } .u8447ce12cf050591ec87ef85e1372f69 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u8447ce12cf050591ec87ef85e1372f69:active , .u8447ce12cf050591ec87ef85e1372f69:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u8447ce12cf050591ec87ef85e1372f69 .centered-text-area { width: 100%; position: relative ; } .u8447ce12cf050591ec87ef85e1372f69 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u8447ce12cf050591ec87ef85e1372f69 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u8447ce12cf050591ec87ef85e1372f69 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u8447ce12cf050591ec87ef85e1372f69:hover .ctaButton { background-color: #34495E!important; } .u8447ce12cf050591ec87ef85e1372f69 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u8447ce12cf050591ec87ef85e1372f69 .u8447ce12cf050591ec87ef85e1372f69-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u8447ce12cf050591ec87ef85e1372f69:after { content: ""; display: block; clear: both; } READ: Case of the dead musician EssayThis organization was founded by Henry Mann and its goals are to pair young musicians with professional producers who help them record songs and videos. Spitfire also provides artists with a $100 signing bonus, photo shoots, and publicity. Spitfire reach out to young artists who speak of change and alternatives. Their goal is to sign artists who can teach the youth that there are alternatives to gangs and violence. Mann wants to give young rappers an avenue to tell their stories and past lived experiences in hope that it will instill change in the youth culture. Hip hop is a great form of music and is rich in culture. Although hip hop recently has been a topic of controversy and harsh criticism, hip hop music nevertheless has a bright future with many future legends and positive young artists. While there have been many studies done on how hip hop music has an effect on the youth, there has been no solid evidence suggesting that hip hop music is neither negative nor positive. I believe that Hip hop music is so controversial because, it is considered by many to be a new art form or genre of music and people have never been too good with change. Being an active hip hop fan I also think that rap music has its pros and cons, but it is on the listeners to take the good with the good and leave the bad with bad. Famous civil rights leader Al Sharpton was asked on what he believed on this particular issue and said, The hip hop culture is just like electricity, it can be used negatively or positively. The same electric current that lights up your house can also electrocute you. is the misuse of hip hop culture to attack our women and promote violence. We must encourage the proper use of hip hop culture. We are all influenced by the hip hop generation. out. â€Å"It is often seen that young girls and boys imitate celebrities blindly† (Nola Mokeyane). Teens all over the world see something on the media regarding health or fitness and then wonder why they cannot be like that. Media makes the society â€Å"judged a book by its cover† instead of going in depth and realizing who a person is. Negative facts about the effects of the media are promoting and unhealthy lifestyle, moral changes, and addiction. Negativity is a common problem found in the youth due to the media. An early exposure to bolt or violent films, books publishing adult content and news portraying ugly social practices has a deep impact on young minds† (Cruz). The â€Å"young minds† could and will be greatly affected by the portrayed advertisement. What the individuals see could leave scars in the mind of the youths which will permanently affect the. It is right that there should be graphic information and intent in the media, but not to the extent that is can have a permanent effect on the minds of youth. Many different outlooks have been taken to the media as well. The changes in the behavior and outlook of people towards life are attributable to the negative psychological effects of media† (Cruz). The youth questioned their morals and many of their understanding in a negative way due to the media. Many people believe exactly what the states and accept that it is the truth and there are no other truths. Finally there is addiction which is the worst of all problems. â€Å"The negative effects of media on children are manifested in term of their changing mental setup and the declining quality of their lifestyle† (Oak). The youth’s precious time is being wasted due to the alluring media. Besides reading a book or reading or playing in the outdoors, majority of the youth are hooked on the media and lack of physical and mental activity which is very important in the youth future. Because of the mass expose of the media the youth may interpret the information that they are receiving wrongly. I asked Soltani, â€Å"What are some advantages to the technology? † she stated â€Å"There are many advantages to technology that we use every day in our life. For example in my everyday life I use my IPhone, Ipad, Laptop, and many other technologies to get thing done. Most of my school work is done via Internet so I need to have access to technology to get my work done. I believe that technology helps everyone to gain knowledge in what they are interested in. many times I have gone on the internet and looked up things I was not sure about however not everything on the Internet is true because many people just put their opinion and it is not for fact that it is true. I usually go to trusted websites because I know for the fact that their information is reliable. † Formerly I asked, â€Å"Do you think it is ok for younger generation to have so much access to the technology? † Soltani responded saying, â€Å"In my opinion we should have limit for everything. Using technology at such a young age is not bad, because it can help our kids’ future and even help them to get more knowledge at a young age. Then I asked her, â€Å"What are some disadvantages to the technology? Soltani responded, â€Å"I believe that technology does not have many disadvantages. However there are some things that we should all be concerned about when it comes to the technology. Many times people use social networking websites and make their personal life public which can be very dangerous. When it comes to using the media we should be very smart and know that what are doing is not harming anyone. I have seen people put the address and numbers available on the Internet which can be very dangerous especially if they are under age. Media has many advantages that cancel out the disadvantages, yet we need to be very careful because the disadvantages can become very harmful. However I think the parents should control what their kids do if they are too young†. And finally I asked her, â€Å"Anything you want to add to this interview? † she said, I just have to say that the technology can be really helpful in our life and it can really make things easier. If we use it correctly we can all be safe and not have to worry about the dangerous factors of the media. † Media is something that everyone accesses in their everyday life and it should not just be accessible to older generation. If we start using technology at the younger age in the right way and we can make the world a better place. We should look at the half full of the glass and see the advantages the media can bring in our life. In my opinion media has more advantages than disadvantages. Different type of media such as TV, Radio, and Internet can help us find out what is going on around us in the world. It also has a bad effect too like addiction to media which is one of the main things that parents are worried about. The media can be useful for our society, but if we over use it, it can cause us really big problems.

Immigration in Lebanon Essay Example

Immigration in Lebanon Paper Term Paper of English 102 Causes of Immigration In Lebanon Ahmad C. Halwany ID#: 2008 03 653 Lebanese American University Abstract For a great period of time emigrants from Lebanon have been establishing communities throughout the world , and have been talking a lot about migration, until the number of Lebanese people outside Lebanon became greater than the double the number of Lebanese citizens. The Lebanese migration seems to have several principal causes. The first one is the economic causes based on the lack of work opportunities and poverty. The second one is the social cause that concerns the overpopulation, the insecurity and the lack of security programs. The third one is the weakness of the academic level in Lebanon where the attraction of the destination countries to the Lebanese people and the lack of experimental fields and the presence of poor managements in the domain. Hence, how are those causes really affecting the Lebanese migration? Leaving his country is it the solution? Migration is a very old action practiced internationally, where people migrate carrying a message to other populations or searching for better conditions of survival. According to Elizabeth,B (2003), â€Å" Arabs are not the only people to leave their land searching for new chances in life†(p. 17). By our century, the rule of migration was set to be that people of the third world are the immigrants to the rich states. This truth is the case of the Lebanese immigrants that are expanded in a lot of foreign lands such as the United States of America, We will write a custom essay sample on Immigration in Lebanon specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Immigration in Lebanon specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Immigration in Lebanon specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Australia , Arab Gulf region , European countries and others. Hence, immigration in Lebanon is induced by reasonable factors based on economic, social and academic levels. First of all, one of the important causes of immigration in Lebanon is the economic cause. It includes two essential points like the lack of work opportunities and the poverty in the country. Starting with the fact that the standard Lebanese wage of a normal employee is relatively not enough for a man to afford a good lifestyle for his family and himself. The opposite conditions in the rich countries will attract him for migration. According to Douglas, S. (1990), â€Å"Because of low work opportunities in poor countries and the fact that relatively the wages in the rich countries are higher that in the third world immigration is to be the best resolution for survival. † (p. 60). Equally important, the statistics of Lebanese that migrated for the same reason as preceded are high. â€Å"The total number of Lebanese s who migrated to the USA from 1991 to 2000 is hundred and two thousands Lebanese students† (Tabbara,R, 2001. )(Method 3 section, table 1). In addition to the number of immigrants, the percentage of jobless people is far above the ground, where more than half of the Lebanese are unemployed and they consist of two groups of people, whether they are not working and searching for work or they are not occupied and not looking for a job. According to Thomas, E. (2003),† In a sample of 200 people, the percentage of unemployed people is more than 50 %†. ( Disable people and employment section, table 1). Still, one of the causes of unemployment and then a cause of migration is the truth a lot of foreigners occupy the job market in Lebanon. They come from different surrounding countries and are preferred by the Lebanese employer because they are less salaried than a Lebanese worker. According to Haddad, (1996),† The labor market in Lebanon is somehow opened to foreigners more than Lebanese especially in the construction field and in informal services sectors†. (Employment Section, para . 1). Furthermore, concerning the other crucial sub cause, poverty plays an important role as an inducer for migration in Lebanon. It seems to be an important situation of misery that pushes the poor person to search for a way to exit his environment. And Lebanon appears to have a lot of regions with extreme poverty , and this region is not only concentrated in only one region but a lot more, and statistics of poor people living in these areas are also elevated. As for Haddad, (1996), . † Poor people living in the urban regions such as Beirut, Tripoli, Zahle , and others work in the civil service ( 31% that live under the poverty line), in industry ( 26%) . They are about 750,000 where 90,000 of them are extremely poor. â€Å"(employment Section, para . 1). Last , as for poverty, salaries differ from a country to another because of life style , life demands and needs. However, in Lebanon, the average wage that a family earns monthly does not seem to be sufficient for the whole demands. For example transportation, eating, clothing, lodging, etc. This is true essentially because almost everything is getting more expensive while the salary is remaining unchanged. This alone is not a major problem facing the reality that a lot of people earn even less than this average income. For illustration and according to Haddad, A. (1996), â€Å"In Lebanon , the average wage for a family of five persons that lives moderately is 618$ per month; however, a high percentage of Lebanese people earn less and are considered as poor. (employment Section, para . 1). Second of all, Lebanese immigration is also caused by some social causes based on population matters, instability and deficiency of some security programs. Lebanon, comparing to other countries is an overpopulated country especially in its capital Beirut and some of the suburbs. They have a relatively high p ercentage of the population density, the fact that is supported by the claim of Korfali, (2007), â€Å"The overpopulation of the Lebanese capital and its suburbs is relatively high where its residence is up to 33% of the Lebanese population † (Abstract section, para. ). Not only in these regions, but the density of the population in Lebanon are also high in other sections of the country â€Å"The disproportional extend of the population between the capital of Lebanon, Beirut, and the coastal regions is permitting hazardous crisis in the population density, causing a dreadful public consequence on the Lebanese citizens is believed that population densities vary from 1,610 person/km2 in the coast, 440 person/km2 in Mount Lebanon, and 260 person/km2 in the South, to 120 person/km2 in Bekaa. Social Aspects of Sustainable Development in Lebanon,1997). † (Status section, para. 1). Additionally, instability is also one of the major social causes of the immigration. In fact, t he forced migration is a part of this instability where people had problems and critical situations during the wars period in order not to broaden these problems. In 1989, Abou-rjaili,k. claims that â€Å" The type of migration that took place after the 1975’s war in Lebanon is a forced migration , and it was done in order to avoid some fights and problems †. Abstract section, para. 1). Besides, Lebanon witnessed a lot of wars for example the last war were in the 2006 and a lot of before. The point is that these wars were almost all against Israel , the country that has the same borders with Lebanon. Being till now the Lebanese enemy , Israel keeps on being an element of threatening to the Lebanese stability. Actually, the last warning aimed to Lebanon was lately, â€Å" In the sixth of August 2009, Barak threatened Lebanon of attacking it in case if Hezbollah was a member in the new Lebanese government. (The Israeli Warnings to Beirut , 2009). (Para. 1). Moreover, th e presence of multi religions in Lebanon seems to be another social cause of our topic in some places. That may be true because of the fact that the Lebanese war of 1975 was between Lebanese but from different religions. And this can be named as a cause based on the declaration of Faour, D. (2007), â€Å" The diversity and the wide variety of religions in Lebanon tend to create certain unsteadiness. (Para. 4). † As well as , Lebanon as a government has an important scarcity towards the Lebanese population. This shortage can be named as a chief cause of the Lebanese immigration. For example , the Lebanese people do not benefit from security programs such as unemployment programs where the government is responsible of taking care of the unemployed citizens. In addition, one of these programs that lacks in Lebanon is the old-age security program where the government takes charge of the old persons after their retirements. The same as Sibai, A. declared in 2004, â€Å"Lebanon still lacks the universal old-age security programs. † ( health care and insurance section, para. 3). At last, immigration is highly influenced by the academic level in Lebanon which is relatively feeble in comparison to the educational level in other developed countries. This can be easily shown by the high number of the Lebanese travelling in order to study abroad. For illustration, two out of five of my brothers are migrants to the United States of America for studying. One of them just wanted to reach a better degree in order to come across a better position in his career. The other one left his country because the major he wanted is not available in none of the Lebanese universities and it is the aeronautical mechanical engineering. Two out of five is a high ratio relatively. And a study done by Tabbara,(2001) show that the number of migrating student is high â€Å"The total number of Lebanese students who migrate to the USA from 1991 to 2000 is above hundred and two thousands of Lebanese students†. (Method 3 section, table 1). Besides, many of these graduates or undergraduates students in Lebanon get out of their homeland targeting countries with best universities in the world. Such as we can conclude from the â€Å"2010 WORLD UNIVERSITY RANKING† ,(2010), â€Å"In the 2010 ranking of the best 200 universities of the, none of the Lebanese universities was listed†. PP. 1-7). Next to this fact is the truth of travelling to countries which are stabilized in their security in order to easily find a job after graduating, and not waiting a long period of time being a jobless. Namely, â€Å"noting that the Lebanese country is not very stable in its security, affecting negatively the job market, Le banese students take the choice to continue studying abroad in order to immediately work after graduation†. (Canada gladly accepts highly qualified refugees from Lebanon,2006 para. 2). Away from this cause, the poor managements and the lack of experimental fields reside to be another factor encouraging the immigration of the Lebanese students. As university students in Lebanon, we almost all plan to continue our higher studies in one of the best universities of the developed countries. My brother is an example of these planners, but when he left seeking for a Masters in Business in London , he had a lot of offers from the United Arab Emirates that attracted him to work with them after graduation. And so he did. Now he is one of the immigrants and he doesn’t come to Lebanon unless for few days a year. This is the case of a lot of Lebanese that migrate for better education. Rachel,M. F. reinforce this statement by saying â€Å"More benefits and additional education are acquired while studying abroad. (2000). (para. 1 ). Not only a high education is acquired out of the country but also a better experience in a job. A lot of students migrate just for having a experience in his job field and end in staying there. As the case of my cousin who went into the petroleum studies in Lebanon and went to the Kingdom of Saudi Arabia for experience, and now he has been working there for years. Lack of experiment fields also affects the Medical students. As Elie,(2006), explains â€Å"Training abroad, of the Lebanese Medical students, will give them a better advantage than training in Lebanon. The experience acquired will oversupply the job market in Lebanon†. (abstract section, para. 1 ). The last, sub cause exists in the lack of sufficient knowledge about a certain background. There are several jobs in Lebanon that are not given a good consideration in order to ameliorate the career. The same is the fact of the nursing in Lebanon. According to El-Jardali,F. 2008), â€Å"The cause of migration of the Lebanese nurse students is a weak management and a lack of knowledge about the context†. (abstract section, para. 1). In conclusion, the Lebanese migration has several foundations based on many of economic causes such as unemployment and poverty, social causes like the overpopulation, the instability of the country’s security and the shortage in the securi ty programs, in addition to the academic level limitations based on the strengths of the destination countries and the poor management accompanied with the lack of the experimental fields of this level. Now as almost a lot of the crucial causes of the Lebanese migration are diagnosed and knowing that it’s very difficult to stop this migration, will the Lebanese government assisted by the Lebanese people be able to find solutions to these causes in order to at least lessen from the bad consequences? REFERENCES BOOK 2 Boosahda, E. (2003). Arab-American faces and voices : The origins of an Immigrant Community. Austin , TX , USA : University of Texas Press . Muhammad A. F. (2007). Religion, demography, and politics in Lebanon Middle Eastern . . †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. Studies. Volume 43 , issue 6, pp 909-921. DATABASES: 5 El-jardali, F. ; Dumit , N. ; Jamal,D ; mouro,G. October,2008. Migration of Lebanese nurses : A questionnaire Survey and secondary data analysis . Vol. 10 . pp 1490-1500. Retrieved march 4/2010 from academic search Premier from http://web. ebscohost. com 15 Abou-rjaili, K. ( September,1989). The forced migration of population inside Lebanon , 1975-1986. Retrieved April 8, 2010 from PubMed from http://www. ncbi. nlm. nih. gov/pubmed/12179328 19 Lakkis , S. (April,2003). Disability and livelihoods in Lebanon. Retrieved April 8,2010 from http://web. bscohost. com 17 Unknown. (August 2009). The Israeli warnings to Beirut. Retrieved April 8, 2010 from †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. Powersearch Document from www. Galegroup. com 24 Akl, E. A. (November 2006). Why are you draining your brain? factors underlying decisions of †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ . graduating Lebanese medical students to migrate. Retrieved on April 22,2010 from †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Science Direct from www. sciencedirec t. com 26 Unknown. (August,2006). Canada gladly accepts highly qualified refugees from Lebanon from www. workpermit. com WEBSITES: 8 Massey, DS. (1990). The social and economic origins of immigration. Retrieved March 4/2010 from www. jstor. org 9 Freiedlberg, R. M. (2000). You can’t take it with you? Immigrant assimilation and the portability Of human capital. vol18. num 2. (journal) 10 †¢Facts about Lebanese emigration(1991-2000) by Information International. (November,1-7/2001). Retrieved March 30,2010 from http://www. information- international. com/pdf/emigration_report_english-1. pdf 11 University Web Ranking. (2010). Top 200 Colleges and Universities in the world. Retrieved March 31, 2010 from http://www. 4icu. org/top200/ 12 Haddad, A. (summer 1996). The Poor in Lebanon. Retrieved April 1,2010 , from http://www. lcps-lebanon. org/pub/tlr/96/sum96/poor_in_lebanon. html#RTFToC2. 18 Korfali, S. ( December, 2007). Assessment of domestic water quality: case study, Beirut, Lebanon. Retrieved April 8, 2010 from http://www. springerlink. com/content/r421w23j50161r6j/ 20 Sibai, A. M. (2004). Population ageing in Lebanon: current status, future prospects and Implication from policy . Retrieved April 13, 2010 from www. who. com 21 Unknown. (April 1997). Social aspects of sustainable development in lebanon. Retrieved April 13, 2010 from www. un. org

Australia WW1, WW2 essays

Australia WW1, WW2 essays With reference to World War 1 and World War 2, evaluate the extent to which they have been important in shaping Australian Australian society before the "Great War" was a mixed society, consisting of mainly Anglo Saxon and Aboriginal decent. It was mainly made up of primary production and it was very basic, but hard living. There was a strong belief in social and political democracy. Australia was seen as a land, where hard work and equal opportunity could overcome class distributions and enable the individual to gain a rightful place in society. There were many people who struggled to survive in the coutry and some had to move into the cities, but because hard labour was valued, most decided to stay. Australian women weren't the fancy dress and dance party type. They worked hard and often were exploited. Due to this egalitaraianisam there were fewer social classes and barriers which meant that the aristocrats were unpopular. Australia was still very loyal to Britain and saw her as the "Mother Country" which needed help. In 1914 Andrew Fisher announced that Australia would support Britain to "the last man and the last shilling." Ten days later the Australian Imperial Force (AIF) was formed and basically consisted of volunteers under the command of the British commanders. The Australians fought in The Pacific, the Middle East and the Western Front. Australia entered WW1 as a united nation and left, a divided nation, Australia entered WW2 a divided nation and left united nation. WW1 plays a big role in shaping the Australian image both at home and aboard. Both WW1 and WW2 effected the shaping of Australian society so much so that it made us the coutry that we are today. The "Great War", almost bound to happend caused australia great casualties ...

How to write a dissertation Assignment Example | Topics and Well Written Essays - 3000 words

How to write a dissertation - Assignment Example A Dissertation is a cumulative effort representative of the entirety of the educational experience. The importance of a dissertation in the educational experience of a student can never be underestimated. A dissertation should report the empirical conclusion of a study as well as provide an over view of current literature and current findings on the subject. It should interpret these facts based on a comparative reading of the sources relative to the experimental outcome. The descriptive study must analyse the "trends in attitudes, events, and facts in terms of their commonality and potential for prediction" (Smith, 1997, p. 34), In this dissertation, ontological and epistemological assumptions will be discussed in relation to positivist and interpretivist approaches to business research. Moreover, two methods of collecting and analyzing qualitative data will be critically compared and contrasted.Part B : Ontological belief and epistemological assumptions are always expected to be at complete dissention with each other and influence the positivist and interpretivist approaches to business research. Ontology is the department of metaphysics concerned with the nature of being. Ontological assumptions will therefore be completely influenced by faith. Such assumptions quite naturally form the basis of positivism and positivist approaches to business research. Positivism is the philosophical system recognizing only positive facts and observable phenomena. It naturally accepts. Epistemology is the theory of knowledge or grounds of knowledge. Thus, epistemological assumptions form the basis of interpretivist approach to business research. Epistemological assumptions will challenge every ontological belief and will want to question every positivist approach of business research. While ontological assumptions will naturally believe in the goodness of a product or process, epistemological assumptions will want to interpret every aspect of the same. Ontological assumptions will not question the theoretical basis of a concept or a product or even a research process. The basis of such assumptions is good faith or a simple faith in the goodness of the product per say, based on face value or usage. This represents a microcosm of ontological assumptions. People tend to assume a certain fact to be true just good or proper. It can be so either by means of rote' or by way of peer pressure. Large scale acceptance of a certain product or concept or idea will influence this acceptance aspect of business research. There is no theory attached to a wide spread acceptance - just the mere fact of acceptance. Epistemological assumptions will want to get to the bottom of the matter and will raise questions about the theoretical basis of the assumption. Epistemological assumptions begin with an inherent suspicion of the knowledge basis of the concept or product. They want to understand and interpret everything in a framework of methodology Conventional science is based on 'rational positivist' thought. This includes the presumptions that there is a 'real world'. Data can be gathered by observing it This data is factual. It is truthful and unambiguous. The 'post-positivist', 'interpretivist' philosophy, on the other hand, asserts that these assumptions are unwarranted, According to this philosophy 'facts' and 'truth' are a wild supposition and 'objective' observation is impossible, and that the act of observation-and- interpretation is dependent on the perspective adopted by the observer. Interpretivists criticise even the physical scientists for the narrowness of their assumptions. Their criticisms hold some truth particularly strongly in the social sciences, where the objects of study are influenced by so many factors. These factors are extremely difficult to isolate and control in experimental laboratory settings. The interpretivist ap

Discuss the rationale for investing in nutrition for the under 5s Essay

Discuss the rationale for investing in nutrition for the under 5s. Does this lead us to the conclusion that it is not worth investing in education interventions for older children - Essay Example Most are also likely to have experienced illnesses and then died at an early age. The research also shows that this lead to income loses in their lifetime. This may lead one to believe that investing in older children’s education is also worth as compared to nutrition. This paper will discuss the rationale for investing in nutrition for the under 5’s and argue that this does not lead to the conclusion that it is not worth investing in education interventions for older children. Healthy children get smart brains. Hence, they get educated well and bring income to a country. When the younger generation is educated, it may invest in the future businesses of a country. This may lead to the creation of a higher national income in the economy. Another advantage would be a reduction of poverty in the future. This is because as this is a younger generation when grown up they would be well prepared to create businesses. Investing in older children’s education should thus be encouraged (Naudeau, 2011:3). Investing on nutrition of children under the age helps children are healthy to be healthy and prevents mental retardation. Mental illnesses bring adult diseases to these individuals when they grow older later in their lives and makes children to be slow learners. Research evidence shows that adult illnesses are more prevalent among those who experienced adverse problems when they were young. This thus shows early life interventions among children should be done to promote heath of individuals. Apart from retardation, bad health also leads to physically challenged children. This hence makes them reluctant to work thus reducing how they work. This issue in turn makes them fail to bring income to a country and to themselves too (Kogali & Krafft, 2015:3). It also helps in preventing certain illnesses that may affect them in future. An example of the illnesses that are associated with poor early childhood nutrition is obesity. The

Introductory chapter needs some more info Essay

Introductory chapter needs some more info - Essay Example rop Frye discusses it in his essay, refers simply to a special kind of narrative.1 The special nature of this narrative is that it is devised to reflect the beliefs of a particular culture, especially as it uses the concept of the supernatural to explore and explain natural events and the essence of human nature. Frye’s argument is that this mythic narrative is included in almost all of the archetypes used in literature and that these concepts are also found within our most sacred ritual events as we continue to seek the true nature of the order of life. Considering Frye’s discussion of myth, ritual and the natural cycle as it is presented in The Archetypes of Literature, it can be seen that there are several rituals and beliefs that we experience in modern life that we are perhaps not even aware of as being a voluntary affirmation of the natural order of life, such as the beliefs we associate with the concept of darkness. An examination into the traditional values asso ciated with darkness helps to inform the shift in focus seen as the world began to shift into its more modern configuration. Generally acknowledged to have started with the publication of Horace Walpole’s novel The Castle of Otranto in 1764, the Gothic genre represents a fundamental shift in thinking from one dominated by ideals and reason to one of imagination and emotion.2 Gothic literature is characterized by its unique way of combining horror and romance to create a completely new genre that, particularly after the advent of Sigmund Freud and his psychoanalytic theory,3 focused more and more on the power of the mind to terrify itself. Common elements found within Gothic literature include terror, the supernatural, ghosts, haunted houses with a particular type of architecture, castles, darkness, death, madness, secrets and hereditary curses. Characters typically fall into stereotypical personas such as the femmes fatales, flawed heroes, monsters of various types and flawed individuals.

Regulatory Frameworks of Indias Industrial Policies

Regulatory Frameworks of Indias Industrial Policies CHAPTER 3 THE REGULATORY FRAMEWORK 3.1 INTRODUCTION: THE PARADIGM SHIFT The industrial policy pursued in India for the first four decades after independence was based on the socialist school of thought that India embraced, partly to alienate itself from the colonial past and more so owing to the obvious achievements of the socialist movement in the post world-war two period. Thus, through a Resolution dated April 6, 1948 the government set out the policy to be pursued in the Industrial field, wherein to secure continuous increase in production and equitable distribution, the country opted for a centrally planned development strategy, with the state playing a major role. For this purpose, the National Planning Commission was established for planning, co-ordination, integration of national economic activity and to formulate programmes of development and to secure their execution. On October 30, 1956, at the beginning of the Second Five Year Plan, the Government adopted a New Industrial Policy Resolution, which reiterated the above objective and classified industries into three categories as follows: Schedule A were those industries whose future development was the exclusive responsibility of the state. Schedule B consisted of industries which would be progressively state-owned, wherein the state would take initiative in establishing new undertakings and private enterprise would be expected to supplement the effort of the state. Schedule C included all remaining industries whose further development was left to the initiative and enterprise of the private sector. This led to the expansion of the public sector in India, whose share in GDP increased from 9.91% in 1960-61 to 27.12% in 1988-89. However, the cause of concern was that a large number of public sector enterprises particularly the Non-departmental non-financial enterprises were making losses and had to be subsidized. Industrial undertakings in the private sector were subject to control and regulation like the Industries Development and Regulation (IDR) Act (1951) and were expected to align their business strategy and goals with the broad economic and social objectives of the State. The IDR vested with the government necessary powers to regulate and control existing and future undertakings in a number of specified industries. A license was necessary for establishing a new undertaking, taking up the manufacture of a new article in an existing unit, effecting substantial expansion, carrying on the business of an existing undertaking and changing the location of an existing unit. A Letter of Intent (LOI) was issued for sectors/activities under compulsory license under the IDR Act, 1951. The LOI was converted into Industrial License on completion of specified formalities. Further, to prevent monopolies and concentration of economic power in the hands of private sector, in 1969, the Monopoly and Restrictive Trade Practices Act (MRTP) was enacted. All these regulations and controls led to increase in bureaucracy, inhibiting enterprise and industry. Also, given the state of the economy with limited resources, scarce capital and vast population base, the development ideology revolved around the notion of conservation and optimum utilization of capital so as to maximize employment (and not necessarily output). Deployment of new capital was strictly controlled and regulated so as to meet social needs and maximize employment. Further, once the capital was committed to any activity and a certain employment was created, it was protected at any cost even if it was non-viable in the face of market forces. Labour intensive technology and employment generation were also the rationale behind the initial advocacy of small-scale industry. However, later, when it was realized that modern small scale industry was not necessarily labour intensive, the argument turned to encouraging the entry of new entrepreneurs in industry. A range of products were reserved for exclusive production in the small-scale sector, eliminating potential competition from medium and large firms. There were no pressures on the smaller firms to improve technology, update production techniques or reduce cost modernize or specialize. There was an inherent disincentive to grow beyond a certain size, if they had to continue production of a reserved product. Thus economies of scale could not be leveraged and market distortions were widespread. Until 1991, the guiding principle of Indias industrial policy was self reliance, which focused on indigenous production and reduced dependence on foreign capital and foreign technology irrespective of the cost and/or quality. This did lead to the creation of a large industrial base, diversification of products, ownership and location. But in the absence of domestic competition, export rivalry and competition of imports, industry grew with a lack of cost and quality consciousness, leading to slow growth, increasing deficits and debt and finally the crisis in 1991 which paved the way for economic reforms in India. Some of the components of the reform package include: Reforms in Industrial Policies in terms of delicensing of most industries and deregulation of industries earlier monopolized by the public sector Liberalisation of foreign trade through steady reduction in tariffs and freeing up of the foreign investment limits in most industries combined with measures to attract FDI into the country Macroeconomic stabilization through substantial reduction in fiscal deficits and governments draft on the private sectors savings Other reforms including those in taxation, financial sector, insurance sector, public sector, etc. During the last decade and half, these reforms have reoriented India from a slow-paced, centrally directed and highly controlled economy to a strong, vibrant, fast-growing and market-friendly one. There now exists an internationally competitive private sector with varied scope for collaborations and joint ventures and a facilitating regulatory framework that is evolving to match the international standards. This Chapter seeks to give an overview of the broad framework of regulations governing business in India particularly in the context of: Industrial Policy Foreign Investment Policy Anti Trust Regulations Labour Laws Protection of Intellectual Property Rights Other Economic Laws Procedures 3.2 INDUSTRIAL POLICY The Industrial Policy Resolution 1956, substantially augmented through the Statement of Industrial Policy 1991 and subsequent announcements which liberalized the economy provides the basic framework for the overall industrial policy of the Government of India. 3.2.1 Industrial Licensing The requirement of obtaining an industrial license for manufacturing has been abolished for all projects except for a short list of industries connected with security and strategic concerns (reserved for public sector), social reasons, hazardous chemicals and overriding environmental concerns. The list of items requiring compulsory licensing is reviewed on an ongoing basis. The stage of LOI has been dispensed with for all sectors/activities except for items reserved for SSI sector and an Industrial License is now issued without going through the stage of LOI. The following industries require compulsory license:- Alcoholics drinks Cigarettes and tobacco products Electronic, aerospace and defense equipment Explosives Hazardous chemicals such as hydrocyanic acid, phosgene, isocynates and di-isocynates of hydro carbon and derivatives, etc. Non-small-scale industrial units or units in which foreign equity is more than 24% require license to manufacture items reserved from small scale sector. All other industries are exempt from licensing and no industrial approval is required. Entrepreneurs are only required to file an Industrial Entrepreneurs Memorandum (IEM) with the Secretariat for Industrial Assistance (SIA), providing information on new projects and substantial expansions. There are however, certain locational restrictions in metropolitan areas. No industrial approval is required from the Government for locations outside 25 kms of the periphery of cities having a population of more than one million except for those industries where industrial licensing is compulsory. Non-polluting industries such as electronics, computer software and printing can be located within 25 kms of the periphery of cities with more than one million population. Permission to other industries is granted in such locations only if they are located in an industrial area so designated prior to 1991. Zoning and Land Use Regulations as well as Environmental Legislations have to be followed. Appropriate incentives and investments in enabling infrastructure are provided to promote dispersal of industry particularly to the rural and backward areas and to reduce congestion in cities. Recently, the Government approved a package of fiscal incentives and other concessions for the North East Region namely the North East Industrial and Investment Promotion Policy (NEIIPP), 2007, effective from 1.4.2007. Also, under the broad framework of the national industrial policy, different Indian States announce their respective Industrial Policies periodically, which highlight the areas in which the State would focus on and provide incentives to attract investment, the various sector location specific schemes offered to private investors, the plans for development of enabling infrastructure, opportunities for public-private-partnership, etc. 3.2.2 Policies for Privatisation The post 1991 liberalisation process brought with it deregulation of trade and industry, dismantling of bureaucratic controls, technological development and financial sector reforms. Privatising some of the activities which heretofore were the exclusive domain of public sector also became part of this initiative to boost enterprise and professional management of resources to enhance economic growth and competitiveness. Revolutionary policy measures were undertaken to encourage private participation in sectors like telecom, information broadcasting, power, ports, airports, banking, etc. Over the years, the government has reduced the number of industries reserved for the public sector to the two which are deemed significant from security and strategic perspective, viz., Atomic energy and Railways. However, in the last few years the railways announced opening up of its containerized operations to other private and public sector companies, thereby ending the monopoly enjoyed by the Container Corporation of India (CONCOR). Interested companies could avail of the route-specific or all-India permission by paying a registration fee which is valid for an operation period of 20 years (further extendable by 10 years). There is freedom to decide the tariffs to be charged to the customers for various services and also the exit norms involve transfer of the operational writes to another eligible operator with the railway approval. 3.2.3 Policies for Small Scale Sector The provisions in the Industrial Policy Statement of 1991 and the subsequent policies are aimed at supporting the Small Scale Industries (SSI) sector though various measures and packages focusing not only on policy of reservation but also on price and purchase preference policy for marketing SSI products, credit and fiscal support to SSIs, support for cluster based development, technology upgradation, etc. The IDR Act 1951 provided for the reservation of items for exclusive manufacture in SSI sector primarily with the objectives of increasing production of consumer goods in the small scale sector and widening of employment opportunities. In 1967, 47 items were reserved for exclusive manufacture in the small scale sector. This number was increased to 836 items in 1989. However, since 1997, a large number of items were dereserved from the list in the phased manner. As of March 2007, only 114 items are reserved for exclusive manufacture in the small scale sector. In addition to the policy of reservation, the Government has initiated various measures offering support for Cluster based Development, Technologies and Quality Upgradation, Marketing, Entrepreneurial and Managerial Development and Schemes for Empowerment of Women Owned Enterprises. Further, with a view to facilitate the development of micro, small and medium enterprises (MSME), the Micro, Small and Medium Enterprises Act 2006, was implemented. The Act provides the new classification of each category of enterprises. As per the Act, MSME are defined as follows: in the case of the enterprise engaged in the manufacture or production of goods pertaining to any industry specified in the first schedule to the IDR Act 1951 a micro enterprise is the one where the investment in plant and machinery does not exceed twenty five lakh rupees. a small enterprise is one where the investment in plant and machinery is more than twenty five lakh rupees but does not exceed five crore rupees; or a medium enterprise is one in which the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees; in the case of enterprises engaged in providing or rendering of services a micro enterprise is one where the investment in equipment does not exceed ten lakh rupees; a small enterprise is one in which the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; or a medium enterprise is where the investment in equipment is more than two crore rupees but does not exceed five crore rupees In February 2007, the Government announced a package for promotion of the SSI sector as follows: Credit Support: The package aims at increasing the number of beneficiaries of the credit provided by the Small Industries Development Bank of India (SIDBI) by 50 lakhs, over five years beginning from 2006-07. For this purpose, the Government has provided grant to SIDBI to augment its Portfolio Risk Fund. Besides, in an attempt to increase demand-based small loans to micro enterprise, the Government announced a provision of grant to SIDBI to create a Risk Capital Fund (as a pilot scheme in 2006-07). The eligible loan limit under the Credit Guarantee Fund Scheme has been raised to Rs. 50 lakh. The credit guarantee cover has also been raised from 75% to 80% for micro enterprises for loans upto Rs. 5 lakhs. Fiscal support: The Government has increased the General Excise Exemption (GEE) limit from Rs. 100 lakh to Rs. 150 lakhs since April 2007. It further proposes to examine the eligibility of extending the time limit for payment of excise duty by micro and small enterprises; and extending the GEE benefits to small enterprises on their graduation to medium enterprises for a limited period. 3.3 FOREIGN INVESTMENT POLICY In recognition of the importance of of foreign direct investment as an instrument of technology transfer, augmentation of foreign exchange reserves and globalization of the Indian economy, the Government of India revamped its foreign investment policy as part of the reform process. 3.3.1 Foreign Direct Investment Foreign Direct Investment (FDI) regime in India was increasingly liberalized during 1990s (more particularly post 1996) and today India has the most liberal and transparent policies on FDI among the emerging economies, with restrictions on foreign investments being removed and procedures simplified. Some of the prominent features of the FDI policy in India are elucidated below: The approval mechanism for FDI has a two tier system. Under the automatic approval route, companies can issue shares and receive inward remittances for investment in areas identified and upto the limits of foreign equity prescribed, with a reporting requirement, within a period of 30 days. In these sectors, investment could be made without prior approval of the central government. Although, in case of the automatic route, it is no longer necessary to obtain the in principle permission from Reserve bank of India (RBI) before receiving overseas investment or for issuing shares to foreign investors, the company, would, however, have to make a report to the RBI within 30 days after issue of shares to the foreign investors. Proposals for investment in public sector units and also for Special Economic Zones (SEZs) / Export Oriented Units (EOUs)/ Export Processing Zones (EPZs) qualify for automatic approval subject to satisfaction of certain prescribed sector specific parameters. FDI upto 100% is permitted under the automatic route for setting up Industrial Parks. Proposals for FDI/NRI investment in Electronic Hardware Technology Park (EHTP) and Software Technology Park (STP) Units are eligible for approval under the automatic route, except for those requiring prior approval of the Central Government (as discussed below). FDI in sectors that are not covered under the automatic route requires prior approval of the Central Government. Activities/sectors require prior approval of the Government for FDI in the following circumstances:- Activities/items that require an industrial license Proposals in which the foreign collaborator has an existing financial/technical collaboration in India in the same field (except in IT and mining sector) All proposals falling outside notified sectoral policy/CAPS Proposals in which more than 24% foreign equity is proposed to be inducted for manufacture of items reserved for the Small Scale Sector The approval is granted by Foreign Investment Promotion Board (FIPB), which is a specially empowered board set up for the purpose, chaired by the Secretary, Union Ministry of Finance. Proposals for FDI could be sent to the FIPB Unit, Department of Economic Affairs, Ministry of Finance or through any of Indias diplomatic missions abroad. FIPB has the flexibility to examine all proposals in totality, free from predetermined parameters. Recommendations of FIPB regarding all proposals falling in the non-automatic route and involving an investment of Rs.6 billion or less are considered and approved by the Finance Minister. Projects with investment greater than this value are submitted by the FIPB to the Cabinet Committee on Economic Affairs for approval. Necessary regulatory approvals from the state governments and local authorities for construction of building, water, environmental clearance, etc. need to be acquired after the grant of approval for FDI by FIPB or for the sectors falling under automatic route. Single window clearance facilities and investor escort services are available in various states to simplify the approval process for new ventures. Decisions on all foreign investments are usually taken within 30 days of submitting the application. In cases where original investment is made in convertible foreign exchange, free repatriation of capital investment and profits thereon is permitted. Sectors prohibited for FDI include: Retail trading (except Single Brand Product retailing) Atomic Energy Lottery Business Gambling and Betting 3.3.1.1 Investment in SEZs In order to enhance competitiveness of Indian exports and attract investment in these sectors, Indias Foreign Trade Policy promotes the setting up of SEZs and thus provides for a hassle-free environment with world-class institutional and physical infrastructure and supporting logistics. Some of the existing EPZs/FTZs have also been converted into SEZs. All the State Governments have been advised to give priority to waste and barren land for acquisition purposes. According to the total Waste Land area surveyed by the Ministry of Forest, 5,52,692.26 hectares was available for such purpose. FDI upto 100% is permitted under the automatic route for setting up of SEZ. Proposals not covered under automatic route require approval from FIPB. The policy provides for setting up of SEZ in the public, private or joint sectors or by state governments. These could be product specific or multi-product SEZs. Designated duty-free enclaves are treated as foreign territory for trade operations and duties and tariffs, and duty-free goods need to be utilised within the approved period. The permitted activities cover an array of manufacturing and services like production, processing, assembling, reconditioning, re-engineering, packaging, trading, etc. Proposals for setting up units in SEZ, other than those requiring industrial license are approved by the Development Commissioner (DC). The approval for those requiring industrial license is granted by the DC after receiving clearance from the Board of Approval. The Letter of Permission (LOP)/Letter of Intent (LOI) issued by the DC is construed as a license for all purposes, including procurement of raw material and consumables either directly or through a canalising agency. The LOP/LOI needs to specify the items of manufacture/service activity, annual capacity, projected annual export for the first year in dollar terms, Net Foreign Exchange Earnings (NFE), limitations, if any, regarding sale of finished goods, by products and rejects in the DTA and such other matter as may be necessary and also impose such conditions as may be required. According to the policy, SEZ units have to be positive net foreign exchange earners and the performance of these units would be monitored by a unit approval committee consisting of the DC and the Customs Authority. 3.3.2 Entry Options for Foreign Investors A foreign company has the option to set up business operations in India as an Incorporated Entity or as an Unincorporated Entity. An Incorporated Entity would be a company registered under Companies Act, 1956, through joint ventures or wholly owned subsidiaries. Foreign equity in such Indian companies can be up to 100% depending on the requirements of the investor, subject to any equity caps prescribed in respect of area of activities under the FDI policy. Funding could be via equity, debt (both foreign and local) and internal accruals. For registration and incorporation, an application has to be filed with the Registrar of Companies (ROC). Once a company has been duly registered and incorporated as an Indian company, it is subject to Indian laws and regulations as applicable to other domestic Indian companies. Companies in India can be incorporated as a private company or a public company. In comparison with branch and liaison offices (discussed subsequently), a subsidiary company provides maximum flexibility for conducting business in India. However, the exit procedure norms of such companies are relatively more cumbersome. An Unincorporated Entity could be Liaison Office/Representative Office or Project Office or Branch Office. Such offices can undertake activities permitted under the Foreign Exchange Management (Establishment in India of Branch Office of other place of business) Regulations, 2000. They are also governed by the Companies Act 1956, which contains special provisions for regulating such entities. 3.3.2.1 Liaison Office/Representative Office The role of a liaison office is primarily to: Collect information about the market Disseminate information about the company and its products to prospective Indian customers Promote exports/imports from/to India Facilitate technical collaboration between parent company and companies in India A liaison office cannot undertake any commercial activity directly or indirectly and cannot, therefore, earn any income in India. Approval for establishing a liaison office in India is granted by the RBI. 3.3.2.2 Project Office Foreign Companies planning to execute specific projects in India can set up temporary project/site offices in India. RBI has granted general permission to foreign entities to establish Project Offices subject to specified conditions. Such offices cannot undertake or carry on any activity other than the activity relating and incidental to execution of the project. Project Offices may remit outside India the surplus of the project on its completion, general permission for which has been granted by the RBI. Since a Project Office is an extension of the foreign incorporation in India, it is taxed at the rate applicable to foreign corporations. 3.3.2.3 Branch Office Foreign companies engaged in manufacturing and trading activities abroad are allowed to set up Branch Offices in India for the following purposes : Export/Import of goods Rendering professional or consultancy services Carrying out research work, in which the parent company is engaged. Promoting technical or financial collaborations between Indian companies and parent or overseas group company Representing the parent company in India and acting as buying/ selling agents in India Rendering services in Information Technology and development of software in India Rendering technical support to the products supplied by the parent/ group companies Foreign airline/shipping company Branch Offices established with the approval of RBI, are allowed to remit outside India profit of the branch net of applicable taxes (which are at rates applicable to foreign companies) however, subject to RBI guidelines. Permission for setting up branch offices is granted by the RBI. Branch Offices could also be on stand alone basis in SEZ. Such Branch Offices would be isolated and restricted to the SEZ alone and no business activity/transaction would be allowed outside the SEZs in India, which include branches/subsidiaries of its parent office in India. No approval shall be necessary from RBI for a company to establish a branch/unit in SEZs to undertake manufacturing and service activities, subject to the conditions that: they function in sectors in which 100% FDI is permitted they comply with part XI of the Companys Act (Section 592 to 602) function on a stand alone basis in the event of winding up of business and for remittance of winding-up proceeds, the branch should approach an authorized dealer in foreign exchange in the with documents required as per FEMA. A Branch Office provides the advantage of ease in operations and an uncomplicated closure. However, since the operations are strictly regulated by exchange control guidelines, a Branch may not provide a foreign corporation with most optimum structure for its expansion/diversification plans. Box 3.1 Investment in a firm or a Proprietary Concern by NRIs A Non-Resident Indian or a Person of Indian Origin (PIO) resident outside India may invest by way of contribution to the capital of a firm or a proprietary concern in India on non-repatriation basis provided: i) Amount is invested by inward remittance or out of NRE/FCNR/NRO account maintained with Authorised Dealers of RBI (AD) ii) The firm or proprietary concern is not engaged in any agricultural/plantation or real estate business i.e. dealing in land and immovable property with a view to earning profit or earning income there from. iii) Amount invested shall not be eligible for repatriation outside India. NRIs/PIO may invest in sole proprietorship concerns/ partnership firms with repatriation benefits with the approval of Department of Economic Affairs, Government of India /RBI. Box 3.2 Investment in a firm or a Proprietary Concern by Other than NRIs No person resident outside India other than NRIs/PIO shall make any investment by way of contribution to the capital of a firm or a proprietorship concern or any association of persons in India. The RBI may, on an application made to it, permit a person resident outside India to make such investment subject to such terms and conditions as may be considered necessary. 3.3.3 Financing Options for Corporates Companies registered in India can raise finances through Share Capital or Debentures and Borrowings. 3.3.3.1 Share Capital The Companies Act, 1956 allows for two kinds of share capital, viz., Preference share capital (preferred stock) and Equity share capital (with/without voting rights). Apart from this, private companies which are not subsidiaries of public company have the option of raising funds through Venture Capital. The issue of shares to the public is governed by the guidelines issued by the Securities Exchange Board of India (SEBI) the body that regulates and oversees the functioning of Indian Stock markets and the RBI. A company issuing shares or debentures has to comply with SEBI disclosure requirements with regards to its prospectus. The prospectus has to be approved by the stock exchange and scrutinized by SEBI and then filed with the Registrar of Companies. Indian companies having foreign investment approval through FIPB route do not require any further clearance from RBI for receiving inward remittance and issue of shares to the foreign investors. The companies are required to notify the concerned Regional office of the RBI of receipt of inward remittances within 30 days of such receipt and within 30 days of issue of shares to the foreign investors or NRIs. Equity participation by international financial institutions such as ADB, IFC, CDC, DEG, etc., in domestic companies is permitted through automatic route, subject to SEBI/RBI regulations and sector specific cap on FDI. In all other cases a company may issue shares as per the RBI regulations. Other relevant guidelines of SEBI and RBI, including the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, wherever applicable, would need to be followed. The Companies Act does not specify the nominal value of shares. According to RBI/SEBI Guidelines, in case of listed companies, the issue price shall be either at the ave Regulatory Frameworks of Indias Industrial Policies Regulatory Frameworks of Indias Industrial Policies CHAPTER 3 THE REGULATORY FRAMEWORK 3.1 INTRODUCTION: THE PARADIGM SHIFT The industrial policy pursued in India for the first four decades after independence was based on the socialist school of thought that India embraced, partly to alienate itself from the colonial past and more so owing to the obvious achievements of the socialist movement in the post world-war two period. Thus, through a Resolution dated April 6, 1948 the government set out the policy to be pursued in the Industrial field, wherein to secure continuous increase in production and equitable distribution, the country opted for a centrally planned development strategy, with the state playing a major role. For this purpose, the National Planning Commission was established for planning, co-ordination, integration of national economic activity and to formulate programmes of development and to secure their execution. On October 30, 1956, at the beginning of the Second Five Year Plan, the Government adopted a New Industrial Policy Resolution, which reiterated the above objective and classified industries into three categories as follows: Schedule A were those industries whose future development was the exclusive responsibility of the state. Schedule B consisted of industries which would be progressively state-owned, wherein the state would take initiative in establishing new undertakings and private enterprise would be expected to supplement the effort of the state. Schedule C included all remaining industries whose further development was left to the initiative and enterprise of the private sector. This led to the expansion of the public sector in India, whose share in GDP increased from 9.91% in 1960-61 to 27.12% in 1988-89. However, the cause of concern was that a large number of public sector enterprises particularly the Non-departmental non-financial enterprises were making losses and had to be subsidized. Industrial undertakings in the private sector were subject to control and regulation like the Industries Development and Regulation (IDR) Act (1951) and were expected to align their business strategy and goals with the broad economic and social objectives of the State. The IDR vested with the government necessary powers to regulate and control existing and future undertakings in a number of specified industries. A license was necessary for establishing a new undertaking, taking up the manufacture of a new article in an existing unit, effecting substantial expansion, carrying on the business of an existing undertaking and changing the location of an existing unit. A Letter of Intent (LOI) was issued for sectors/activities under compulsory license under the IDR Act, 1951. The LOI was converted into Industrial License on completion of specified formalities. Further, to prevent monopolies and concentration of economic power in the hands of private sector, in 1969, the Monopoly and Restrictive Trade Practices Act (MRTP) was enacted. All these regulations and controls led to increase in bureaucracy, inhibiting enterprise and industry. Also, given the state of the economy with limited resources, scarce capital and vast population base, the development ideology revolved around the notion of conservation and optimum utilization of capital so as to maximize employment (and not necessarily output). Deployment of new capital was strictly controlled and regulated so as to meet social needs and maximize employment. Further, once the capital was committed to any activity and a certain employment was created, it was protected at any cost even if it was non-viable in the face of market forces. Labour intensive technology and employment generation were also the rationale behind the initial advocacy of small-scale industry. However, later, when it was realized that modern small scale industry was not necessarily labour intensive, the argument turned to encouraging the entry of new entrepreneurs in industry. A range of products were reserved for exclusive production in the small-scale sector, eliminating potential competition from medium and large firms. There were no pressures on the smaller firms to improve technology, update production techniques or reduce cost modernize or specialize. There was an inherent disincentive to grow beyond a certain size, if they had to continue production of a reserved product. Thus economies of scale could not be leveraged and market distortions were widespread. Until 1991, the guiding principle of Indias industrial policy was self reliance, which focused on indigenous production and reduced dependence on foreign capital and foreign technology irrespective of the cost and/or quality. This did lead to the creation of a large industrial base, diversification of products, ownership and location. But in the absence of domestic competition, export rivalry and competition of imports, industry grew with a lack of cost and quality consciousness, leading to slow growth, increasing deficits and debt and finally the crisis in 1991 which paved the way for economic reforms in India. Some of the components of the reform package include: Reforms in Industrial Policies in terms of delicensing of most industries and deregulation of industries earlier monopolized by the public sector Liberalisation of foreign trade through steady reduction in tariffs and freeing up of the foreign investment limits in most industries combined with measures to attract FDI into the country Macroeconomic stabilization through substantial reduction in fiscal deficits and governments draft on the private sectors savings Other reforms including those in taxation, financial sector, insurance sector, public sector, etc. During the last decade and half, these reforms have reoriented India from a slow-paced, centrally directed and highly controlled economy to a strong, vibrant, fast-growing and market-friendly one. There now exists an internationally competitive private sector with varied scope for collaborations and joint ventures and a facilitating regulatory framework that is evolving to match the international standards. This Chapter seeks to give an overview of the broad framework of regulations governing business in India particularly in the context of: Industrial Policy Foreign Investment Policy Anti Trust Regulations Labour Laws Protection of Intellectual Property Rights Other Economic Laws Procedures 3.2 INDUSTRIAL POLICY The Industrial Policy Resolution 1956, substantially augmented through the Statement of Industrial Policy 1991 and subsequent announcements which liberalized the economy provides the basic framework for the overall industrial policy of the Government of India. 3.2.1 Industrial Licensing The requirement of obtaining an industrial license for manufacturing has been abolished for all projects except for a short list of industries connected with security and strategic concerns (reserved for public sector), social reasons, hazardous chemicals and overriding environmental concerns. The list of items requiring compulsory licensing is reviewed on an ongoing basis. The stage of LOI has been dispensed with for all sectors/activities except for items reserved for SSI sector and an Industrial License is now issued without going through the stage of LOI. The following industries require compulsory license:- Alcoholics drinks Cigarettes and tobacco products Electronic, aerospace and defense equipment Explosives Hazardous chemicals such as hydrocyanic acid, phosgene, isocynates and di-isocynates of hydro carbon and derivatives, etc. Non-small-scale industrial units or units in which foreign equity is more than 24% require license to manufacture items reserved from small scale sector. All other industries are exempt from licensing and no industrial approval is required. Entrepreneurs are only required to file an Industrial Entrepreneurs Memorandum (IEM) with the Secretariat for Industrial Assistance (SIA), providing information on new projects and substantial expansions. There are however, certain locational restrictions in metropolitan areas. No industrial approval is required from the Government for locations outside 25 kms of the periphery of cities having a population of more than one million except for those industries where industrial licensing is compulsory. Non-polluting industries such as electronics, computer software and printing can be located within 25 kms of the periphery of cities with more than one million population. Permission to other industries is granted in such locations only if they are located in an industrial area so designated prior to 1991. Zoning and Land Use Regulations as well as Environmental Legislations have to be followed. Appropriate incentives and investments in enabling infrastructure are provided to promote dispersal of industry particularly to the rural and backward areas and to reduce congestion in cities. Recently, the Government approved a package of fiscal incentives and other concessions for the North East Region namely the North East Industrial and Investment Promotion Policy (NEIIPP), 2007, effective from 1.4.2007. Also, under the broad framework of the national industrial policy, different Indian States announce their respective Industrial Policies periodically, which highlight the areas in which the State would focus on and provide incentives to attract investment, the various sector location specific schemes offered to private investors, the plans for development of enabling infrastructure, opportunities for public-private-partnership, etc. 3.2.2 Policies for Privatisation The post 1991 liberalisation process brought with it deregulation of trade and industry, dismantling of bureaucratic controls, technological development and financial sector reforms. Privatising some of the activities which heretofore were the exclusive domain of public sector also became part of this initiative to boost enterprise and professional management of resources to enhance economic growth and competitiveness. Revolutionary policy measures were undertaken to encourage private participation in sectors like telecom, information broadcasting, power, ports, airports, banking, etc. Over the years, the government has reduced the number of industries reserved for the public sector to the two which are deemed significant from security and strategic perspective, viz., Atomic energy and Railways. However, in the last few years the railways announced opening up of its containerized operations to other private and public sector companies, thereby ending the monopoly enjoyed by the Container Corporation of India (CONCOR). Interested companies could avail of the route-specific or all-India permission by paying a registration fee which is valid for an operation period of 20 years (further extendable by 10 years). There is freedom to decide the tariffs to be charged to the customers for various services and also the exit norms involve transfer of the operational writes to another eligible operator with the railway approval. 3.2.3 Policies for Small Scale Sector The provisions in the Industrial Policy Statement of 1991 and the subsequent policies are aimed at supporting the Small Scale Industries (SSI) sector though various measures and packages focusing not only on policy of reservation but also on price and purchase preference policy for marketing SSI products, credit and fiscal support to SSIs, support for cluster based development, technology upgradation, etc. The IDR Act 1951 provided for the reservation of items for exclusive manufacture in SSI sector primarily with the objectives of increasing production of consumer goods in the small scale sector and widening of employment opportunities. In 1967, 47 items were reserved for exclusive manufacture in the small scale sector. This number was increased to 836 items in 1989. However, since 1997, a large number of items were dereserved from the list in the phased manner. As of March 2007, only 114 items are reserved for exclusive manufacture in the small scale sector. In addition to the policy of reservation, the Government has initiated various measures offering support for Cluster based Development, Technologies and Quality Upgradation, Marketing, Entrepreneurial and Managerial Development and Schemes for Empowerment of Women Owned Enterprises. Further, with a view to facilitate the development of micro, small and medium enterprises (MSME), the Micro, Small and Medium Enterprises Act 2006, was implemented. The Act provides the new classification of each category of enterprises. As per the Act, MSME are defined as follows: in the case of the enterprise engaged in the manufacture or production of goods pertaining to any industry specified in the first schedule to the IDR Act 1951 a micro enterprise is the one where the investment in plant and machinery does not exceed twenty five lakh rupees. a small enterprise is one where the investment in plant and machinery is more than twenty five lakh rupees but does not exceed five crore rupees; or a medium enterprise is one in which the investment in plant and machinery is more than five crore rupees but does not exceed ten crore rupees; in the case of enterprises engaged in providing or rendering of services a micro enterprise is one where the investment in equipment does not exceed ten lakh rupees; a small enterprise is one in which the investment in equipment is more than ten lakh rupees but does not exceed two crore rupees; or a medium enterprise is where the investment in equipment is more than two crore rupees but does not exceed five crore rupees In February 2007, the Government announced a package for promotion of the SSI sector as follows: Credit Support: The package aims at increasing the number of beneficiaries of the credit provided by the Small Industries Development Bank of India (SIDBI) by 50 lakhs, over five years beginning from 2006-07. For this purpose, the Government has provided grant to SIDBI to augment its Portfolio Risk Fund. Besides, in an attempt to increase demand-based small loans to micro enterprise, the Government announced a provision of grant to SIDBI to create a Risk Capital Fund (as a pilot scheme in 2006-07). The eligible loan limit under the Credit Guarantee Fund Scheme has been raised to Rs. 50 lakh. The credit guarantee cover has also been raised from 75% to 80% for micro enterprises for loans upto Rs. 5 lakhs. Fiscal support: The Government has increased the General Excise Exemption (GEE) limit from Rs. 100 lakh to Rs. 150 lakhs since April 2007. It further proposes to examine the eligibility of extending the time limit for payment of excise duty by micro and small enterprises; and extending the GEE benefits to small enterprises on their graduation to medium enterprises for a limited period. 3.3 FOREIGN INVESTMENT POLICY In recognition of the importance of of foreign direct investment as an instrument of technology transfer, augmentation of foreign exchange reserves and globalization of the Indian economy, the Government of India revamped its foreign investment policy as part of the reform process. 3.3.1 Foreign Direct Investment Foreign Direct Investment (FDI) regime in India was increasingly liberalized during 1990s (more particularly post 1996) and today India has the most liberal and transparent policies on FDI among the emerging economies, with restrictions on foreign investments being removed and procedures simplified. Some of the prominent features of the FDI policy in India are elucidated below: The approval mechanism for FDI has a two tier system. Under the automatic approval route, companies can issue shares and receive inward remittances for investment in areas identified and upto the limits of foreign equity prescribed, with a reporting requirement, within a period of 30 days. In these sectors, investment could be made without prior approval of the central government. Although, in case of the automatic route, it is no longer necessary to obtain the in principle permission from Reserve bank of India (RBI) before receiving overseas investment or for issuing shares to foreign investors, the company, would, however, have to make a report to the RBI within 30 days after issue of shares to the foreign investors. Proposals for investment in public sector units and also for Special Economic Zones (SEZs) / Export Oriented Units (EOUs)/ Export Processing Zones (EPZs) qualify for automatic approval subject to satisfaction of certain prescribed sector specific parameters. FDI upto 100% is permitted under the automatic route for setting up Industrial Parks. Proposals for FDI/NRI investment in Electronic Hardware Technology Park (EHTP) and Software Technology Park (STP) Units are eligible for approval under the automatic route, except for those requiring prior approval of the Central Government (as discussed below). FDI in sectors that are not covered under the automatic route requires prior approval of the Central Government. Activities/sectors require prior approval of the Government for FDI in the following circumstances:- Activities/items that require an industrial license Proposals in which the foreign collaborator has an existing financial/technical collaboration in India in the same field (except in IT and mining sector) All proposals falling outside notified sectoral policy/CAPS Proposals in which more than 24% foreign equity is proposed to be inducted for manufacture of items reserved for the Small Scale Sector The approval is granted by Foreign Investment Promotion Board (FIPB), which is a specially empowered board set up for the purpose, chaired by the Secretary, Union Ministry of Finance. Proposals for FDI could be sent to the FIPB Unit, Department of Economic Affairs, Ministry of Finance or through any of Indias diplomatic missions abroad. FIPB has the flexibility to examine all proposals in totality, free from predetermined parameters. Recommendations of FIPB regarding all proposals falling in the non-automatic route and involving an investment of Rs.6 billion or less are considered and approved by the Finance Minister. Projects with investment greater than this value are submitted by the FIPB to the Cabinet Committee on Economic Affairs for approval. Necessary regulatory approvals from the state governments and local authorities for construction of building, water, environmental clearance, etc. need to be acquired after the grant of approval for FDI by FIPB or for the sectors falling under automatic route. Single window clearance facilities and investor escort services are available in various states to simplify the approval process for new ventures. Decisions on all foreign investments are usually taken within 30 days of submitting the application. In cases where original investment is made in convertible foreign exchange, free repatriation of capital investment and profits thereon is permitted. Sectors prohibited for FDI include: Retail trading (except Single Brand Product retailing) Atomic Energy Lottery Business Gambling and Betting 3.3.1.1 Investment in SEZs In order to enhance competitiveness of Indian exports and attract investment in these sectors, Indias Foreign Trade Policy promotes the setting up of SEZs and thus provides for a hassle-free environment with world-class institutional and physical infrastructure and supporting logistics. Some of the existing EPZs/FTZs have also been converted into SEZs. All the State Governments have been advised to give priority to waste and barren land for acquisition purposes. According to the total Waste Land area surveyed by the Ministry of Forest, 5,52,692.26 hectares was available for such purpose. FDI upto 100% is permitted under the automatic route for setting up of SEZ. Proposals not covered under automatic route require approval from FIPB. The policy provides for setting up of SEZ in the public, private or joint sectors or by state governments. These could be product specific or multi-product SEZs. Designated duty-free enclaves are treated as foreign territory for trade operations and duties and tariffs, and duty-free goods need to be utilised within the approved period. The permitted activities cover an array of manufacturing and services like production, processing, assembling, reconditioning, re-engineering, packaging, trading, etc. Proposals for setting up units in SEZ, other than those requiring industrial license are approved by the Development Commissioner (DC). The approval for those requiring industrial license is granted by the DC after receiving clearance from the Board of Approval. The Letter of Permission (LOP)/Letter of Intent (LOI) issued by the DC is construed as a license for all purposes, including procurement of raw material and consumables either directly or through a canalising agency. The LOP/LOI needs to specify the items of manufacture/service activity, annual capacity, projected annual export for the first year in dollar terms, Net Foreign Exchange Earnings (NFE), limitations, if any, regarding sale of finished goods, by products and rejects in the DTA and such other matter as may be necessary and also impose such conditions as may be required. According to the policy, SEZ units have to be positive net foreign exchange earners and the performance of these units would be monitored by a unit approval committee consisting of the DC and the Customs Authority. 3.3.2 Entry Options for Foreign Investors A foreign company has the option to set up business operations in India as an Incorporated Entity or as an Unincorporated Entity. An Incorporated Entity would be a company registered under Companies Act, 1956, through joint ventures or wholly owned subsidiaries. Foreign equity in such Indian companies can be up to 100% depending on the requirements of the investor, subject to any equity caps prescribed in respect of area of activities under the FDI policy. Funding could be via equity, debt (both foreign and local) and internal accruals. For registration and incorporation, an application has to be filed with the Registrar of Companies (ROC). Once a company has been duly registered and incorporated as an Indian company, it is subject to Indian laws and regulations as applicable to other domestic Indian companies. Companies in India can be incorporated as a private company or a public company. In comparison with branch and liaison offices (discussed subsequently), a subsidiary company provides maximum flexibility for conducting business in India. However, the exit procedure norms of such companies are relatively more cumbersome. An Unincorporated Entity could be Liaison Office/Representative Office or Project Office or Branch Office. Such offices can undertake activities permitted under the Foreign Exchange Management (Establishment in India of Branch Office of other place of business) Regulations, 2000. They are also governed by the Companies Act 1956, which contains special provisions for regulating such entities. 3.3.2.1 Liaison Office/Representative Office The role of a liaison office is primarily to: Collect information about the market Disseminate information about the company and its products to prospective Indian customers Promote exports/imports from/to India Facilitate technical collaboration between parent company and companies in India A liaison office cannot undertake any commercial activity directly or indirectly and cannot, therefore, earn any income in India. Approval for establishing a liaison office in India is granted by the RBI. 3.3.2.2 Project Office Foreign Companies planning to execute specific projects in India can set up temporary project/site offices in India. RBI has granted general permission to foreign entities to establish Project Offices subject to specified conditions. Such offices cannot undertake or carry on any activity other than the activity relating and incidental to execution of the project. Project Offices may remit outside India the surplus of the project on its completion, general permission for which has been granted by the RBI. Since a Project Office is an extension of the foreign incorporation in India, it is taxed at the rate applicable to foreign corporations. 3.3.2.3 Branch Office Foreign companies engaged in manufacturing and trading activities abroad are allowed to set up Branch Offices in India for the following purposes : Export/Import of goods Rendering professional or consultancy services Carrying out research work, in which the parent company is engaged. Promoting technical or financial collaborations between Indian companies and parent or overseas group company Representing the parent company in India and acting as buying/ selling agents in India Rendering services in Information Technology and development of software in India Rendering technical support to the products supplied by the parent/ group companies Foreign airline/shipping company Branch Offices established with the approval of RBI, are allowed to remit outside India profit of the branch net of applicable taxes (which are at rates applicable to foreign companies) however, subject to RBI guidelines. Permission for setting up branch offices is granted by the RBI. Branch Offices could also be on stand alone basis in SEZ. Such Branch Offices would be isolated and restricted to the SEZ alone and no business activity/transaction would be allowed outside the SEZs in India, which include branches/subsidiaries of its parent office in India. No approval shall be necessary from RBI for a company to establish a branch/unit in SEZs to undertake manufacturing and service activities, subject to the conditions that: they function in sectors in which 100% FDI is permitted they comply with part XI of the Companys Act (Section 592 to 602) function on a stand alone basis in the event of winding up of business and for remittance of winding-up proceeds, the branch should approach an authorized dealer in foreign exchange in the with documents required as per FEMA. A Branch Office provides the advantage of ease in operations and an uncomplicated closure. However, since the operations are strictly regulated by exchange control guidelines, a Branch may not provide a foreign corporation with most optimum structure for its expansion/diversification plans. Box 3.1 Investment in a firm or a Proprietary Concern by NRIs A Non-Resident Indian or a Person of Indian Origin (PIO) resident outside India may invest by way of contribution to the capital of a firm or a proprietary concern in India on non-repatriation basis provided: i) Amount is invested by inward remittance or out of NRE/FCNR/NRO account maintained with Authorised Dealers of RBI (AD) ii) The firm or proprietary concern is not engaged in any agricultural/plantation or real estate business i.e. dealing in land and immovable property with a view to earning profit or earning income there from. iii) Amount invested shall not be eligible for repatriation outside India. NRIs/PIO may invest in sole proprietorship concerns/ partnership firms with repatriation benefits with the approval of Department of Economic Affairs, Government of India /RBI. Box 3.2 Investment in a firm or a Proprietary Concern by Other than NRIs No person resident outside India other than NRIs/PIO shall make any investment by way of contribution to the capital of a firm or a proprietorship concern or any association of persons in India. The RBI may, on an application made to it, permit a person resident outside India to make such investment subject to such terms and conditions as may be considered necessary. 3.3.3 Financing Options for Corporates Companies registered in India can raise finances through Share Capital or Debentures and Borrowings. 3.3.3.1 Share Capital The Companies Act, 1956 allows for two kinds of share capital, viz., Preference share capital (preferred stock) and Equity share capital (with/without voting rights). Apart from this, private companies which are not subsidiaries of public company have the option of raising funds through Venture Capital. The issue of shares to the public is governed by the guidelines issued by the Securities Exchange Board of India (SEBI) the body that regulates and oversees the functioning of Indian Stock markets and the RBI. A company issuing shares or debentures has to comply with SEBI disclosure requirements with regards to its prospectus. The prospectus has to be approved by the stock exchange and scrutinized by SEBI and then filed with the Registrar of Companies. Indian companies having foreign investment approval through FIPB route do not require any further clearance from RBI for receiving inward remittance and issue of shares to the foreign investors. The companies are required to notify the concerned Regional office of the RBI of receipt of inward remittances within 30 days of such receipt and within 30 days of issue of shares to the foreign investors or NRIs. Equity participation by international financial institutions such as ADB, IFC, CDC, DEG, etc., in domestic companies is permitted through automatic route, subject to SEBI/RBI regulations and sector specific cap on FDI. In all other cases a company may issue shares as per the RBI regulations. Other relevant guidelines of SEBI and RBI, including the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997, wherever applicable, would need to be followed. The Companies Act does not specify the nominal value of shares. According to RBI/SEBI Guidelines, in case of listed companies, the issue price shall be either at the ave