Financial Statements and Stakeholders The WritePass Journal

Financial Statements and Stakeholders Introduction Financial Statements and Stakeholders -2014. [Online]. j-sainsbury.co.uk/media/2064053/sainsbury_s_annual_report_and_ accounts_ 13-14.pdf. 2014. [Accessed online on 01/11/2014] Laurent, C.R. Improving the efficiency and effectiveness of financial ratio analysis. Journal of Business Finance and Accounting. [Online] Vol 6(3). 2006. p401-413. McLaney, E. J., Â  Atrill. P. (2008). Accounting and finance : an introduction. Fourth edition. Harlow: Pearson. Palepu, K. Healy, P. (2008) Business Analysis and Valuation: Using Financial Statements. Mason:Thomson Learning WM Morrisons Supermarkets plc , 2014. Morrisons Annual Report 13-14 [Online]. http://annualreport.marksandspencer.com/downloads/MS_AR2014_Annual_Report.pdf [Accessed online on 01/11/2014]

Modern Music essays

Modern Music essays Claude Debussy composed his music with an emphasis on sound, sensuous, and sumptuous sound. His music turned away from German-Romanticism and German music with its chromatic harmonies and melodic formulas. Debussy uses color as his basic building block and in doing so has constructed a style of music to represent him and his proud nation of France. This paper is going highlight his extrordinary style of composition and the techniques he used to develop Impressionism. Between 1893 and 1895 Debussy worked on an opera based on Maurice Maeterlincks play Pellas et Mlisande. According to Grayson, this project always encompassed Debussy. The discovery of Pellas in 1893 was indeed a major turning point in Debussys career, and, as his remarks imply, it was the production of this opera in 1902 that brought him international celebrity. From that point on, everybody did indeed know what he had done. Debussy was taking great chances when writing opera, it was a good way to have everyone laugh at you and your work and put you on a shelf like a book you couldnt get through. His music stresses mood and nuances over patterns with pure melodies. It is impressive the way he created time standing still, by creating animated harmonic stasis. Richard Osborne describes Debussys work, Pellas et Mlisande is a drama of the inner, the really real world, a drama of implication, of psychological conflicts too secret to concentrate into the obvious attitudes of life, exhibitory and active... Arkel is old age poignantly particularized. The music by which Debussy gives him grief and wisdom is bowed in its sombre-moving phrases and harmonies, so pathetically in contrast to the golden throated lyricism of Pelleas: the innocent youngness but older in herself than she knows of Melinsande, the simple manliness of Gouland, that unfortunate horseman.1 Debussy b...

English Essay Example | Topics and Well Written Essays - 750 words - 14

English - Essay Example The tone and the use of words are not very scholarly. This can be attributed to how the essay is grounded on inference and not on facts. To illustrate, a students adapts a more confident tone if he knows he has studied for a report and is prepared with evidence if indeed a panelist asks questions. On the other hand, a students who is unprepared lacks confidence in what he has to say, and in turn resorts to using colorful and flowery words with the hope that it can influence the panelists to believe in his statements no matter how empty and trivial they are. The 2 students are much like the 2 articles compared side by side. A good article is the former, but this essay proves to be no different from the latter. The essay is built on a frail foundation not strong enough to withstand scrutiny, if analogy should be used. Even the title itself is inappropriate for the content for it talks about the special treatment, perks and privileges accorded to what society labels as â€Å"physically attractive†; it doesn’t talk about the importance, but the implications of being beautiful.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As aforementioned, the points emphasized are supported by implausible data. The major assumptions cover a range, from children to the elderly. The essay presents assumptions that children who are considered beautiful are seen as more behaved and it is also assumed that men and women who are physically attractive climb the corporate ladder faster than their counterparts who are not gifted with good looks or admirable physique. Another assumption is that older patients are given more time and attention if they are viewed as possessing good looks. This results take root from the comment of a certain consultant,† Because the doctor feels that beautiful patients are more likely to respond to treatment, he’ll give them more time and

Implementation Research Paper Example | Topics and Well Written Essays - 1000 words

Implementation - Research Paper Example Poor training will mean that the people who are supposed to be using the system are in the dark in the running of the system. They need to be part of the implementers of the system rather than being mere spectators (Graham, 2009). For Aux Bons Soins to go through in the implementation process of the system, they need to have all the data that need to be captured in the system in place. The data should not have any signs of redundancy. They should be as clean as a possible. There should be modules in place that will be used in the various sectors like the finance module, the human resource and the payroll system. The placing of these systems in place will make integration of the systems to be simple (Graham, 2009). Challenges of implementing ERP There are various challenges that are experienced in implementing an ERP system. This was experienced with the implementation of ERP in Aux Bons Soins. The main causes for the difficulties of the implementation are that of lack of support from the top management. Initially, there was a lack of understanding of the system with the top management. The top management was not supportive of the implementation of the new system. They did not think that the system will solve the problems of the various departments. This therefore affected the way finances were distributed and the way funding was undertaken. Without enough financial resources, a new system will not be implemented well. This was a major issue with the implementation of ERP system in Aux Bons Soins (Graham, 2009). Another source of the difficulty was the lack of cohesion between the various departments in the organization. Since the ERP system will be used to serve various processes in the whole organization, there is a need to have a unified process and one vision of the whole organization. There was a problem with the whole organization as the various departments in the organization had varying views (Young, 2009). This is something that made the implementation process hard. If the system would be implemented in one department or fewer departments, the problem could be avoided and the implementation would be a lot easier. Each department has developed their own objectives. This is making the whole process difficult. This made unifying the whole implementation process a tedious process. ERP systems serve many departments and; this is unlike other systems which are used to manage one process which affects one or two departments (Graham, 2009). Another issue and source of difficulties in the process were the technical compatibility with the other systems which have been running in the organization. It was hard for the technical department to unify the technical modules so that there is one system and the compatibility with the various processes that are found in the different departments. This is one cause of the difficulties which were found in the various departments (Graham, 2009). Key elements which led to success One of the key factors t hat will determine the success of an ERP is the project management. This is the application of the skills and knowledge so that the coordination of the schedules and activity monitoring is achieved. The plan for project management involves the definition of the activities that will be performed, assigning of personnel to those activities, and promoting the acceptability of the process in the system. There is also the very important factor of business process reengineering. This is the

Carnival Corporation Case Study Essay Example for Free

Carnival Corporation Case Study Essay Carnival Corporation as the largest cruise line in the world is being a leader and innovator in the cruise line industry. Many of the onboard activities and services were introduced to strengthen the competencies between competitors. The challenges of the Carnival were being overcome by the management with creative and innovative strategies. As a corporate entity, Carnival did not refuse to withdraw money to settle the ocean pollution charged by public. The expansions of cruise line market via acquisition of a few subsidiaries dominate the cruise line in the world. 1. Strengths (internal factors) First, the largest cruise line in the world, as the leader and innovator in the cruise industry (growth from two converted ocean liners into an organization with multiples cruise lines). Second, the belief of management and Board of Directors that the company will grows better. It motivates the employees to work hard. Third, internal grow in term of vessels that approximately ten vessels are under construction. Fourth, employees loyalty (the longest period employees remain in this organization is around eight years) because Carnival management treating well to their employees in terms of wages). Fifth, creative and innovative corporate officers that is ready to face challenges. Sixth, Carnival has operational experience and economic of scales that causing them to have lowest break even point in the same industry. Weaknesses First, in 1972, the speed of ship was slow. Second, the long-term debt within 1999 and 2001 is increased (the payback of debt may lower the revenue and thus decreasing the dividend payment for shareholders). Third, the expand market (business) of Carnival causing the difficulty in managing the business. Fourth, reducing on net income in 2001 is because of higher costs and expenses. 2. Opportunities (external factors) First, the expansion through acquisition can reduce the competitors in same industry and has the ability to compete with other competitors (lower advertising costs). Second, collaboration with travel agents can promote cruises. Third, the industry is expected to have bright future in passengers, consolidation through mergers, buyout, and smaller cruise operator failure, and the expansion of the industry worldwide. Fourth, expand of target customers from older people to younger people. Fifth, expand of onboard activities (casino, disco, and nightclub). Threats First, terrorist events that were happen in 11 September 2001. Second, negative publicity in 2002 where Carnival subjected by the ocean pollution charges and â€Å"Norwalk-like† virus that affect the cruise industry. Third, the increased of fuel costs and airline costs that affect the industry. Fourth, the failure of Carnival discontinued operations of Fiesta marina Lines that affect the company image. Fifth, Persian Gulf War that was increased competitors in the cruise industry especially in Caribbean area. Sixth, Royal Caribbean Cruise Lines had institute a major shipbuilding program that challenges Carnival. The emergence of Walt Disney Company in the cruise market; and the prospect of new ships on the horizon give impact to the â€Å"family† cruise vacation segment. 3. Core competencies Yes, Carnival has core competencies because it is the competency crosses divisional boundaries, Carnival can do exceedingly well, and must continuously reinvest in it: i) Adding diversion onboard – such as disco, nightclubs, casino, and others. Carnival also tries to attract younger cruisers by providing vacation package that included airfare to the port of embarkation and home after the cruise. ii) Product positioning – Carnival believes that cruise market comprised to three segments (contemporary, premium, luxury) with different passenger demographics, characteristics, and growth requirements. iii) Travel agents – collaborate with travel agents to promote cruises. Carnival also training travel agents from nonaffiliated travel firm to sell cruises. 4. Distinctive competencies Yes, Carnival has distinctive competencies because distinctive competency is the superior to those of the competitions and difficult for competitors to compete with Carnival: i) Investment in new ships – Carnival is expanding its internal growth by investing in new ships. The ships under constructions are around 10 vessels. It is difficult for other competitors to invest in these large numbers of ships in same period but Carnival can do. ii) External expansion through acquisitions – Carnival has five subsidiaries that control the major cruise lines in different countries. This causing Carnival becomes as the largest cruise line in the world. 5. What trends are emerging in cruise industry?  i) The adding diversion onboard such as planned activities, disco, nightclubs, casino, and other forms of entertainment activities (different kinds of activities that suitable for different ages of target customers). ii) Moderate priced vacation for younger cruisers that included airfare to the port of embarkation and home after the cruise. iii) All inclusive packages that began with bags were tagged for the ship at the airport, air-conditioned bus, meals, onboard activities, house keeping service, until passengers were transported back to airport. iv) Love story movie such as â€Å"Titanic† and â€Å"Love boat† that promote the romance onboard encouraging couples to join cruise. 6. Marketing strategy i) Price – moderate price (vacation packages) that middle-class clients afford to pay. Prices for different levels of rooms are charged according to the customers needs. ii) Product – vacation package that suitable for the clients aged. Other onboard activities such as casino and disco. The service from picking up the clients at airport to board and dropping clients again at airport. iii) Place – Caribbean ports and other destination such as Walt Disney World, Holland, and Costa, as long as the clients want to go. iv) Promotion – some of the promotions are done by travel agents. The â€Å"Fun Ship† cruise that with designated shipboard party and everyone is welcomed by Carnival is another success promotion. 7. The importance of travel agents The travel agents will help Carnival to promote the cruises as an alternative to Disney or European vacation. For people who never take a cruise in their life, or afraid of taking a flight to the destinations will be attracted. Thus, it shows that the important role of travel agents to Carnival. Besides that, not only attracting clients to take a cruise as the core business, selling cruise is also part of the Carnival business. Thus, Carnival is training travel agents from nonaffiliated travel firms to sell cruise. Because of the attractive benefit in term of money provided by Carnival, in year 2000, Carnival took reservations from about 29000 travel agencies to promote the business. And, it proves that this strategy in promoting cruises either to attract clients boarding the cruise or selling the cruise is succeed. 8. Flight or cruise? We will choose cruise because we have not travel yet to some where by cruise before. i) In our opinion, although the price for a cruise might be higher a bit than to take a flight to Caribbean island that we can afford to pay. By choosing a package for the cruising is worth because there will be variety of services that suitable for us as active younger cruisers rather than just to sit in the flight and we have nothing to do. ii) Even though cruise may take a longer time to reach Caribbean island, the final destination that we will reach is Caribbean island no matter we take a cruise or flight. Thus, we can enjoy the onboard facilities that we have paid for. Disco, nightclubs, gym room, cinema, and casino are the places that we seldom go for but we can enjoy if we take a cruise for this vacation. iii) Cruise is a place that we can relax ourselves since the purpose of travel is to relax our mind. The sea view from a ship can make us happy and reduce our stress. On the other hand, we c an also meet some new friends through this trip. iv) Besides, we can experience some exotic destinations when the cruise will sail in the ports. The cruisers can come down from the vessel and visit some famous spots. Adversely, if we take flight, we can’t visit anywhere except just transit in airport. 9. Evaluation of Carnival’s targeting to specific target market i) Contemporary segment – served by Carnival ships, featured a casual ambiance. ii) Premium segment served by Holland America, for longer market and appealed to more affluent consumers iii) Luxury segment – served by Seabourn and Cunard, catered to experience cruisers. The above are the target market for Carnival. Each segment has different types of costs to be charged to consumers. For the contemporary segment, it is more suitable for family and people who need relaxing during a short period of holidays. The price is cheaper than premium or luxury segment. For the premium segment, it is more suitable for affluent consumers, who need a longer period to relax. It normally targets an older people to board because the facilities in the ship are more suitable for their ages. This segment of cruise will have more cabin or public space per person. In term of price, it is the most expensive and little people can afford to pay. The price for this segment is higher than contemporary segment. Not everyone will prefer this segment of cruise because they need to consider the available time for taking the cruise. The luxury segment targets for extremely rich consumers where they were served as â€Å"king† and â€Å"queen† in the ship. The consumers who taking this segment of cruise can show that they have a higher social status and prestige is the main consider by consumers. 10. Strategic management in Carnival Carnival has a very unique and successful strategic management in cruise industry. During terrorist events in 2001, the world cruise industry was negatively impact by it. However, to overcome this problem, Carnival offered a deep discount to lure back the passengers. In year 2002, Carnival was subjected to the ocean pollution charges. The company was withdrawing $18 million to overcome this issue. This strategy is not only to overcome the issue ethically but also to maintain the company image. Carnival is doing well in pricing strategy where they offer different kinds of packages with moderate price for different kinds of customers. To improve the core competency of the company, Carnival tried to increase the services onboard and adding diversions onboard. Even though other cruise company can imitate this strategy but Carnival is the first to invent the same strategy that succeeds to gain revenue from it. Carnival tried to introduce new strategy to make more convenience to consumers such as the â€Å"all-inclusive package†. The main purpose of this strategy is to maximize the satisfaction of consumers on Carnival services. Finally, to reduce the competition in cruise industry and to compete with other competitors in the same industry, Carnival did acquisition on many cruise lines as subsidiaries. The expansion of Carnival in cruise line market through acquisition can tighten the status of Carnival in cruise industry. 11. The advantage of being a CFC The individuals (foreigners or locals) who held the stocks of Carnival under the CFC status are incorporation exempt shipping operations of United States persons from income tax. Carnival with all of its income (except of United State source of income from transportation, hotel and tour business of Holland America) would be exempt from United State federal income taxes at the corporate level. This exemption not only can increase the revenue of Carnival, it also allows the company to have more funds (liquidation assets) to run more projects or activities for the company. The reason of government to give exemption to Carnival is because to encourage this industry to growth and attract more passengers boarding on ship, especially the ship with casino. It will increase the government sources of money. 12. How to maintain low costs, high level of service? i) Vertical integration or outsourcing – Carnival can try to produce in-house or outsource the products or services in related industries such as shipbuilding, meal preparation industry, and transportation (bus). This is because either vertical integration or outsourcing, which contributes the lowest cost, will be the choice of Carnival to either produce in-house or to outsource the needs. The good relation with suppliers can guarantee the best quality of the products or services. The in-house produce (vertical integration) can guarantee for the high level of products and services quality. ii) Maintain employees – Experienced employees can be the senior for the new comers. They can train and guide the new workers while doing a task rather than the company to send them for training course. Thus, maintaining experienced employees can save the labor cost and maintain the service quality to passengers. iii) Maintain crui se standard (such as sanitary standard) by periodically checking to avoid break down during cruising and it may need higher cost to repair and bring inconvenience to passengers. Conclusion The success of Carnival is depends on the innovative Board of Directors and management. The growth of cruise market becomes more significant because of the low fares high quality of service. Carnival is dominating the cruise line market but they still do investment in improving the services so that to avoid the core competencies become the weaknesses of the company. Even though the net profit of year 2001 is decreased but it did not mean that they have weak internal control. External factors such as increased in fuel cost also are considered the factor in the declining profit. Finally, Carnival has the potential to grow in cruise line market because they already gained the experience in cruise line and they have strong financial to support many cruise activities.

new zealand politics 1984-1993 Essay example -- essays research papers

On July 6 1984, the fourth Labour government were elected into parliament after defeating the National party in a snap election. 1984 can be regarded as a major turning point in New Zealand political history in the sense that significant political changes affected the whole of the New Zealand society, economy and political structure. New Zealand government’s experimented with radical Neoliberal policy programmes to achieve economic and social progress during this period. The essay shall discuss the central features of the process of policy change over the period of 1984 to 1993 in New Zealand. These reforms were among the most sweeping in scope and scale within any industrialised democracy. There are a significant number of historical and institutional similarities between Australia and New Zealand which make them a fertile ground for comparative analysis. This essay shall compare industrial relations reform in Australia and New Zealand during the 1980s and 1990s, integrating both institutionalist and interest-based approaches. Within comparative politics there are two main approaches to the impact of economic change on national policy patterns. The first, new institutionalism has been very influential in comparative industrial relations. The second, which focuses on the role of interests, has also been significant in New Zealand and Australian politics. The concept of institutionalism is central to the analysis of the reform episode that took place in New Zealand. Institutions are the rules of the game in a society or, more formally, are the humanly devised constraints that shape human interaction (North,1990:3). Zucker defines Institutionalism as a fundamentally cognitive process (1983:25). In comparison, Immergut argues that the theoretical core of the new institutionalism is the view that there is a tendency for certain arrangements in social life to persist over institutions and for these institutional arrangements to affect not just strategic actions but also the preference formation of social actors (1998:7). Immergut stresses the fundamentals of the concept of institutionalism can be problematic as there are many conflicting definitions and analysis. â€Å"Since the common research interest is in the black box between potential political demands and ultimate outcomes, it does not make sense to predefine the contents of this box. A standard definit... ...liams Books. Kasper, W. (1996) ‘Free to Work: The Liberalisation of New Zealand's Labour Market,’ Policy Monograph 32, Centre for Independent Studies, Sydney. Maloney, T. (1997). Benefit Reform and Labour Market Behaviour in New Zealand.’ Institute of Policy Studies, Victoria University: Wellington. McClure, M. (1998). ‘The Reluctant State: 1984-1998’ in ‘A Civilised Community: A History of Social Security in New Zealand 1898-1998’. Auckland University Press: Auckland. North, D. (1990) ‘Institutions, Institutional Change and Economic Performance.’ New York: Cambridge University Press. Rankin, S., St John, S. (1998). ‘Quantifying the Welfare Mess’ (Policy Discussion Paper 22) Department of Economics: University of Auckland. Schwartz, H. (2000). ‘Internationalization and Two Liberal Welfare States Australia and New Zealnd’ in Scharpf, Fritz & Schmidt, Vivien, (eds). ‘Welfare and Work in the Open Economy’ (vol 2), Oxford University Press: New York. Shipley, J. (1991). ‘Welfare That Works,’ Minister of Social Welfare, Wellington Zucker, L. (1983) ‘Organizations as Institutions’, in Bacharach, S (ed). ‘Research in the Sociology of Organizations,’ Greenwich: JAI Press.

Education in the Philippines Essay

During the period of colonization by the United States, Education in the Philippines changed radically, modeled on the system of Education in the United States of the time. After theSecond World War, changes in the US system were no longer automatically reflected in the Philippines, which has since moved in various directions of its own. Filipino children may enter public school at about age four, starting from Nursery up to Kindergarten. At about seven years of age, children enter elementary school (6 to 7 years). This may be followed by secondary school (4 years). Students may then sit for College Entrance Examinations (CEE), after which they may enter tertiary institutions (3 to 5 years). Other types of schools do exist, such as Private schools, Preparatory schools, International schools, Laboratory High Schools and Science High Schools. Several ethnic groups, includingChinese, British, Americans, and Japanese operate their own schools. Elementary schooling is compulsory, but 24% of Filipinos of the relevant age group do not attend, usually due to absence of any school in their area, education being offered in foreign languages only, or financial distress. In July 2009 DepEd acted to overcome the foreign language problem by ordering all elementary schools to move towards mother-tongue based learning initially. The order allows two alternative three-year bridging plans. Depending on the bridging plan adopted, the Filipino and English languages are to be phased in as the language of instruction for other subjects beginning in the third and fourth grades Secondary schooling is of four years duration only. Although secondary schooling is compulsory, some Philippine news media have reported that since the 2000s, many Filipino students who began studying at private high schools, are forced to transfer to public high schools because of increasing cost of living and private school fees and financial distress. Many public elementary/high schools in the country are already overcrowded. The school year in the Philippines starts in June of one year and ends in March of the next, with a two-month summer break for April and May, one week of semestral break (the last week of October), and a week or two of Christmas break. History and development Earlier times Further information: Ancient Philippine scripts In pre-Spanish times, education was informal unstructured in some areas. Children were provided more vocational training and less academics (3 Rs) by their parents and in the houses of tribal tutors. When the Spanish arrived in Manila, though, they were surprised to find a population with a literacy rate using a system of writing known as baybayin which was higher than the literacy rate of Madrid. Spanish period Main article: Philippines education during Spanish rule Under the Spanish, education indigenous population was initially left to religious orders, with primary education being overseen by parish friars who generally tolerated the teaching of only religious topics. The friars, recognizing the value of a literate indigenous population, built printing presses to product material in Bambayin. The friars, generally poorly educated themselves, were especially hostile to local population, termed indios learning to speak and read Spanish, which would have made available access to the same body of knowledge the friars had. Secular education was completely neglected; with only one public primary school operating in Manila as late as 1830. A 1714 royal decree creating secular universities was never implemented. A 1702 decree creating seminaries for natives was implemented only in 1772. Access to education by the Filipinos was later liberalized through the enactment of the Educational Decree of 1863 which provided for the establishment of at least one primary school for boys and girls in each town under the responsibility of the municipal government; and the establishment of a normal school for male teachers under the supervision of the Jesuits. Primary instruction was secularized and free and the teaching of Spanish was compulsory. In 1866, the total population of the Philippines was only 4,411,261. The total public schools was 841 for boys and 833 for girls and the total number of children attending these schools was 135,098 for boys and 95,260 for girls. In 1892, the number of schools had increased to 2,137, 1,087 of which were for boys and 1,050 for girls. By 1898, enrollment in schools at all levels exceeded 200,000 students. First Republic. The defeat of Spain by American forces paved the way for Aguinaldo’s Republic under a Revolutionary Government. The schools maintained by Spain for more than three centuries were closed for the time being but were reopened on August 29, 1898 by the Secretary of Interior. The Burgos Institute in Malolos, the Military Academy of Malolos, and the Literary University of the Philippines were established. A system of free and compulsory elementary education was established by the Malolos Constitution. American period Main article: Philippines education during American rule. Further information: Thomasites An adequate secularized and free public school system was established during the first decade of American rule upon the recommendation of the Schurman Commission. Free primary instruction that trained the people for the duties of citizenship and avocation was enforced by the Taft Commission per instructions of President William McKinley. Chaplains and non-commissioned officers were assigned to teach using English as the medium of instruction. A highly centralized public school system was installed in 1901 by the Philippine Commission by virtue of Act No. 74. The implementation of this Act created a heavy shortage of teachers so the Philippine Commission authorized the Secretary of Public Instruction to bring to the Philippines more than 1,000 teachers from the United States called the Thomasites between 1901 to 1902. These teachers were scattered throughout the islands to establish barangay schools. [7]The same law established the Philippine Normal School (now the Philippine Normal University) to train Filipino teachers for the public schools. The high school system supported by provincial governments, special educational institutions, school of arts and trades, an agricultural school, and commerce and marine institutes were established in 1902 by the Philippine Commission. In 1908, the Philippine Legislature approved Act No. 1870 which created theUniversity of the Philippines. The Reorganization Act of 1916 provided the Filipinization of all department secretaries except the Secretary of Public Instruction. Two decades later, enrollment in elementary schools was about 1 million from a total of 150,000 students in 1901. [7] After World War II In 1947, by virtue of Executive Order No. 94, the Department of Instruction was changed to â€Å"Department of Education. † During this period, the regulation and supervision of public and private schools belonged to the Bureau of Public and Private Schools. Marcos era In 1972, the Department of Education became the Department of Education and Culture by Proclamation 1081. Following a referendum of all barangays in the Philippines from 10–15 January 1973, on 17 January 1973 President Marcos ratified the 1973 Constitution by Proclamation 1102. The 1973 Constitution set out the three fundamental aims of education in the Philippines, to: ? foster love of country; ?teach the duties of citizenship; and ?develop moral character, self discipline, and scientific, technological and vocational efficiency. On 24 September 1972, by PD No 1, the Department of Education, Culture and Sports was decentralized with decision-making shared among thirteen regional offices. In 1978, by PD No 1397, the Department of Education and Culture became the Ministry of Education and Culture. The Education Act of 1982 provided for an integrated system of education covering both formal and nonformal education at all levels. Section 29 of the Act sought to upgrade education institutions’ standards to achieve quality education, through voluntary accreditation for schools, colleges, and universities. Sections 16 & 17 upgraded the obligations and qualifications required for teachers and administrators. Section 41 provided for government financial assistance to private schools. The Act also created the Ministry of Education, Culture and Sports. Fifth Republic On 2 February 1987, a new Constitution for the Philippines was ratified. Section 3, Article XIV of the 1987 Constitution contains the ten fundamental aims of education in the Philippines. In 1987 by virtue of Executive Order No. 117, the Ministry of Education, Culture and Sports, became the Department of Education, Culture and Sports . The structure of DECS as embodied in EO No. 117 remained practically unchanged until 1994. On 26 May 1988 Congress enacted Republic Act 6655, the Free Public Secondary Education Act of 1988, which manndated free public secondary education commencing in the school year 1988-1989. On 26 May 1988 Congress enacted RA 6655 which made free public secondary education to become a reality. On 3 February 1992, Congress enacted Republic Act 7323, which provided that students aged 15 to 25 may be employed during summer or Christmas vacation with a salary not lower than the minimum wage. 60% of the wage is to be paid by the employer and 40% by the government. On 3 February 1992, Congress enacted RA 7323 which provided that students aged 15 to 25 may be employed during summer or Christmas vacation with a salary not lower than the minimum wage. 60% of the wage is to be paid by the employer and 40% by the government. The Congressional Commission on Education (EDCOM) report of 1991 recommended the division of DECS into three parts. On 18 May 1994, Congress passed Republic Act 7722, the Higher Education Act of 1994, creating the Commission on Higher Education (CHED), which assumed the functions of the Bureau of Higher Education, and supervises tertiary degree programs. On 25 August 1994, Congress passed Republic Act 7796, the Technical Education and Skills Development Act of 1994, creating the Technical Education and Skills Development Authority (TESDA), which absorbed the Bureau of Technical-Vocational Education plus the National Manpower and Youth Council, and supervises non-degree technical-vocational programs. [17] DECS retained responsibility for all elementary and secondary education. This threefold division became known as the trifocal system of education in the Philippines. The trifocal education system of the Philippines. In August 2001, Republic Act 9155, otherwise called the Governance of Basic Education Act, was passed transforming the name of the Department of Education, Culture and Sports (DECS) to the Department of Education (DepEd) and redefining the role of field offices (regional offices, division offices, district offices and schools). RA 9155 provides the overall framework for (i) school head empowerment by strengthening their leadership roles and (ii) school-based management within the context of transparency and local accountability. The goal of basic education is to provide the school age population and young adults with skills, knowledge, and values to become caring, self-reliant, productive and patriotic citizens. [8] In January 2009, DepEd signed a memorandum of agreement with the United States Agency for International Development to seal $86 million assistance to Philippine education, particularly the access to quality education in the Autonomous Region in Muslim Mindanao (ARMM), and the Western and Central Mindanao regions.

Child Care Introduction to Children

Unit 1; E1 Statutory; sectors that are fully funded but it depends on the boroughs. One example is school nurseries. In this setting professionals aim to make life in the setting feel like a family atmosphere for children to feel comfortable. Professionals also help children to develop with carefully chosen activities to do with the 6 learning areas, these are; language and literacy, creative development, physical development, personal social and emotional development, knowledge and understanding of the world and mathematical development.They aim to help children develop at their pace and doesn’t rush anything because they know every child is individual in their own way. The nurseries also help children feel safe and secure in the environment and give them a healthy balanced lifestyle such has healthy meals, 5 a day and run around out the garden areas. The private sector; is full costing to parents, they have to pay the cost for their children, it isn’t paid for them. O ne example of this is preschools.The care they offer is just that little bit more then statutory this is because the sector makes the children feel like the school is also their home and that the professionals are family. Professionals in the sector will constantly observe the children for safety. Education in this sector is organised daily, this includes creative learning, letter and number work, singing and story time to boost confidence and their understanding. Education is also provided in a way of treating the child as an individual to show they develop at their own speed.This sector will also treat special needs children equal and show no discrimination. Voluntary; a small grant is donated for them to start up there business one example is child lines and mother and toddler groups. Voluntary provides help, support, and education to children. On nspcc. org. uk is say this is doing by; 1) ‘Focusing on areas which will make the biggest difference 2) Prioritise the children at risk 3) Learn what works the best for them 4) Create leverage for change’. When the sector finds new ways to help children they will test it out to see ow it goes and if it works then they will carry on with the new idea. They educate the children by the things they say and do to them to forget about certain things in their life and to develop them to move on and stay strong. E2 Statutory sector supports children and their families by doing things that will help their children to develop and grow, they fit around parents timetables and help them to go about their daily life knowing there child is in good monitored care. The statutory sector protects children and gives their families a sense of relief.It also helps parents with educating the child in their background and helps them understand more of the culture, also helps the families get good education for their child with the cost being mostly funded for them so it’s free. The private sector supports families and their children by giving them a safe secure place and making the child feel at home. It helps families go about their schedules and have a feel of relief that their child is going to be happy where they are, it supports them in a way of helping a child become better at their strengths, and it includes everything important in the Childs life.Voluntary work supports children in helping them overcome serious happenings in their life, and to become aware of people who have experienced similar going on and to help them have a better life in the future, and gives them closure. It supports the parents by being free of cost. E3 Childrens Act 2004; The act was around in 1989 but after a lot of going on it was updated to Children’s act 2004, it planned to improve how social services worked and how people would treat the children in their care.To help the children they plan to bring multiple agencies together to protect innocent children and stop the abuse that maybe going on. The 1989 act was poor, it made it easier for abusers to get away with what they did or gets a low sentence, this is because agencies didn’t come together and share information. The children get better response for what has happened and their needs are more focused on, the court decides what is best for the child to make them safer as it is one of their rights. The act allows children and their families to come together a lot more in making them a lot afer then what they would have felt before. On surrey. gov. uk website it says ‘The Act aims to improve effective local working to safeguard and promote children’s wellbeing’. The act has a lot of intention in making a Childs well-being noticed and important and aim to do the following; * Keep the child healthy * Keeping the child safe * Help the child have fun and enjoy life more and achieve things they thought they couldn’t. The children act 1989 was poor; the new act 2004 was promoted in ways such as teaming a lot more agencies together to work on keeping a child safe and having rights to what they deserve.The act shows people that children have rights to an education, healthy lifestyle and to be a child and enjoy their life without any threat. Education Act 2002; This act came around in 2002, on the europarchive. org website it say that ‘It is a substantial and important piece of legislation intended to raise standards, promote innovation in schools and reform education law’. This would help children get a better and healthier education through their life and make their lifestyle normal and challenging to become what they are willing to become.The act helps children to qualify for a greater and more flexibility in certain areas of the national curriculum. This helps children become involved with other people because it joins schools together as a team to work together on the well-being of the children. Human Rights Act 1998; This act came around in 1998 and aimed to help children have major rights in their life to give their lifestyle normality and a lot more easy going when it comes to the way families are. The rights support children in a way of safety and a healthy life some examples of human rights that are important to a child’s life are; 1. reedom from torture and degrading treatment 2. the right to respect for private and family life 3. the right not to be discriminated against in respect of these rights and freedoms 4. the right to an education If any of this rights are breached you have the right to an effective solution in law even if the breach was done by a police officer you still have the right to go to law. E4 Every child Matters; This provides every child no matter their background or circumstances the support they will need.Every child needs to be healthy which includes growing and their development as well as their emotional and physical well being, the environment needs to be a safe place for them to be able to develop, ano ther principle is for the children to enjoy and achieve through their learning and be able to achieve economic well-being through their life. These are crucial to be in your placement for the children to develop as the first 3 years are critical. This will help children’s life become healthy and have normality to. Welfare of children is paramount (children act 1989); A child’s welfare is paramount.The idea is that when decisions are made the needs and interests of the children must come first this means they need to be recognized as an individual. This will shape children in becoming aware of routines and the way their daily life will carry on. The court determines what will be best for the child’s upbringing and decides this by these points legislation. gov. uk it states ‘the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding). Cache Statement of values; The values in this are ways of putting the child first.To do this you will never use physical punishment towards a child, respect the parent or those in a parenting role, respect the staff in the child care industry and those involved, respect values and spiritual beliefs of the child and their family, honour the confidentiality of the child and their family. If these are not respected and done right then these could be life threatening to a child and those involved with the child. This will shape children in building their respect by showing you’re respecting others they will copy. E5The importance of valuing and respecting children will show them that you as a member of staff or a practitioner will not judge them or label them for who they are or how they look and do certain things. It will help them understand that everyone is individual and different but that doesn’t mean to treat them any different. If you show the children respect it shows a sense of care for them and will boost their confidence. Respect ing and valuing will help the child understand more on what they are doing and will help them in life, to support this on community. rg it states ‘creating environments  that foster creativity, innovation, discovery, inquiry,  questioning and problem solving. This is how settings help children increase and how it shows we respect what they need to learn and discover. it will show they are just as important as anyone else in the establishment which will make them not as shy. Their self esteem will rise if you talk to them like an adult and say more positive things, also saying their name correctly and praising them on the good shows that you value them as an individual and that learning their name also will show their important to.C The practitioner should listen to a child views and their opinions because it will help them with their confidence on showing that they can have a conversation about anything and show they have a voice to. If their confidence rises then they wil l communicate better with others and make new friends and be able to talk about their daily life routine a lot more and be able to say if something is wrong and if they need help. Listening to a child shows their important just like everyone else and that you value them as a person.A more confident child will tend to work harder in what they do to achieve and develop a lot more as well. The more a child is listened to the more open minded they will become and more outspoken. This will make it easier for them to become understood and will allow practitioners to identify their wants and needs. It’s a way of involving a child in decision making and showing them there are not really any wrong answer and they can learn from their mistakes.Also to show you have time to try and understand what they are saying, to support what I have said Tassoni et al (2007 page 13) ‘a child might need you to listen carefully so that you can understand what he or she is trying to say’. Also from listening to children a practitioner will gain their respect for you . A A child centred approach means to identify a child’s abilities and weakness’s and work around that with activities that they could handle, it also means to make the environment to the standard of their needs and to cater what they may need. Everything is based around the child.On growingplaces. org. uk they state ‘It allows freedom for children to think, experience, explore, question and search for answers’. Tassoni et al (2007 page 234) says ‘You will need to ensure that children’s interests are always reflected in what they do’ this is a way of ensuring the child is interested in learning and activities. The advantages of a child centred approach are that the children all gain something important to do with their life it helps families and practitioners notice their strengths and weaknesses as an individual so it is easier to help them focus on certain things.Another advantage is their needs are always catered for. They have a home like atmosphere in the environment for example toilet and sinks to keep their hygiene up also there are potties and nappies, changing rooms for those children who will need them. Their dietary is focused on and professionals will work around it. Another way of making a child centred approach is for early year practitioners to communicate this will help an individual child extend their knowledge or thinking, model ideas, prompt questions, nurture development, support the acquisition on specific skills.The disadvantages of a child centred approach is that it could make it hard for a child to go into something different like a primary school as they have not been prepared for that big leap in their life, it also makes it hard to slightly explain to a child that they can’t do something they ask as in past experience the child has always got what they have needed due to the child centred approach. I b elieve that the child centred approach is a good thing because it helps a child have a healthy lifestyle and helps them notice what they are going to gain and their strengths in the environment.Also that it helps them live their life as a child before rushing into something strange, the routine of their life is kept the same in some places as it is at home. E6 Confidentiality; This is an important skill because it shows that you are keeping private information about a child or a child’s household inside the nursery and not outside. This is an important skill to need in the work place with children because children will say a lot and if they say something about what may of happened to them for example abuse then it is the rules of being in a childcare establishment that you tell nobody if you on’t keep it confidential and it may not be true you could hurt someone and lose your right to work in that place. This will help support your work with children because it shows y ou are a trustworthy person and that you have knowledge of the rules and regulations of the workplace. It will make professionals trust you. To support what I have said in Tassoni 2007 page 11 it states ‘some of this information will be confidential information and must not be shared’.Communication; This is an important skill because you need to be confident enough to be able to talk to parents and other staff members about the children and things that will be needed to do around the work area. This will help support you working with children because you need to be able to communicate properly with the children because you will need to talk to them at different levels and know how to talk to children from babies to 11 year olds, also the be able to communicate with the other staff members to discuss planning activities or if the child is hurt you will need to communicate with the staff member and communicate in a team.Observation skills; This is important because youâ⠂¬â„¢ll need it to observe activities that are going on and the way children are behaving if it is appropriate or not. This will help your support with working with children because it shows that you know how to do things when working in that establishment for the future, it will help you set up activities or learn a child’s need. It shows that you can see children as an individual and that’s what you will need to do. Having this will also show that you are good at learning new things by observing how other staff members do things. E7Time management; This would be important to support your training because being able to show up on time for a placement and to take in coursework that’s due in shows you’re determined to do well and give a good impression. Being able to keep on time also shows that you’re well organized when it comes to deadlines or dates you need to be in and that you’re taking things seriously. Managing time is not a tricky th ing to do and being able to be on time for everything shows dedication. If you’re on time or early for placements it could lead to a permanent offer or a good review of your time there.The children are less developed in time management then you and will take what you do in to mind on time-management-success. com it states ‘Punctuality is a big issue in terms of time management for kids who have a less developed sense of time’. Giving Presentations; This helps support your training because it helps you take away what you’ve learnt and seen and put it up for everyone else to see your understanding. Being able to give a presentation also shows confidence and your understanding of the subject as well.It makes things easier for tutors to see how much you have developed and if you do need any help at all or if there are any errors. Note Taking; This helps support your training because it helps you go over anything you may not understand, note taking shows that y ou’re serious about learning things about what to do and what not to do in a placement. Also it helps you do units and give you ideas on what to write. Note taking in a placement will help you understand the difference in other childcare areas and it may lead to questions that you would like to ask to improve your knowledge. BConfidentiality; It is important to understand this boundary because working in a nursery or day-care centred even a primary school you will hear stories from the children or over here parents and staff talking about private things. The information you may hear is private and you must understand you cannot talk to anyone outside of the placement as someone who knows that family could over hear and this would affect them. A good test to know if a piece of information is confidential is to think about whether it’s common knowledge or if you only know it because of the position of you are in inside the nursery (Tassoni et al 2007).Understanding this will stop you hurting others or gossiping about other people behind their back. Health and safety; This is important to understand as a boundary also because you will need to know the child’s health issues if there are any or whether the child is safe where they are in the environment. You will need to understand what you should do if you see a gate or door open, this could be an easy way for unwanted visitors in the environment. On the premises you should as a member of staff what to do if a fire alarm goes off so you know what to do with the children when something like that does happen.If you don’t understand your limits when it comes to healthy and safety with children then you could be making a lot of mistakes and this could upset a lot of people. Also understand the limits of what a practitioner can do such as changing nappies and taking children to the toilet you may not be able to do this yet as you’re a learner. Managing A child behaviour; Practitioners may come across children with anger problems or any other behaviour problems which could be medical or non medical. When dealing with this you need to know what your limit is on how to handle them.You will need to go to a member of staff or manager and ask questions on what to do if a child has got a behaviour problem and what your limits are in dealing with this. You will also need to learn your boundaries because you could over excite a child and distract them when they must be focusing on an activity. Understanding your limit and boundaries is important on the well-being of the child. D1 There are three main types of people you as a practitioner should maintain a relationship with are; 1) Parents ) Professionals The Parents; The reason it is important to have an appropriate relationship with a parent is because you will need to talk to the parent about how their child is developing, what they have ate. What they have been doing throughout the day and if there have been any probl ems. You will see and need to speak to the parent occasionally on behalf of the child. The parent will need to trust you with their child and feel comfortable so they can get on with their life knowing their child is in safe hands.Other Professionals; It is important to maintain an appropriate relationship with other professionals as you will be working alongside them for a long time. You will be working as a team and you will need to have a relationship to feel comfortable in putting your views across and asking question on if you’re confused or not. If the relationship between you and the other professional is complicated then the children (who are your main priorities) will pick up on this atmosphere and feel wary and upset.If the child senses a positive feeling between a practitioner and professional then they will feel a sense of safety and calmness and comfort to know that nothing is going to happen and everyone will be fine. D2 Multi-agency team functions by bringing t ogether practitioners from different sectors and professions. On cwdcouncil. org. uk they quote ‘within the workforce they provide integrated support to children and their  families, for example a ‘team around the child' (TAC)’. The multi agency also has several professionals coming together as a team.Many benefits are in this type of agency such as support and advice on parents that need it. It helps families with young children by placing them in a onsite nursery until there finished with classes such as parenting. Multi agency is an effective way to support the children that have extra needs and help with improvement on their development. The way they make sure they meet the child and families needs is by communicating well with each other and by understanding their roles and responsibilities within the agency.As a practitioner you will need to learn what other professionals are involved in your setting and how this might affect your work. Some of the charact eristics of a multi agency are cooperation/collaboration, knowledge, common goals and effective communication. This will all help you when working in a multi agency because it will help you with what you need to find out and understand more on what the parent or child will need when in an environment such as help on certain subjects, dietary and religion.It helps other professionals in an environment also to share knowledge of a family together so professionals do not ask the family the same questions over; they are well organized and serious about their roles on making life easier for families and children. E8 Bibliography Community childcare growing places – what is meant by child centred approach [online] http://www. growingplaces. org. uk/reggio. htm (13/10/2011) Children Act 1989- Welfare of the children http://www. legislation. gov. uk/ukpga/1989/41/section/1 (15/12/2011) Children Services Community Management. We Value Children. ttp://www. cscommunity. org. au/index. p hp? id=45 (15/12/2011) Cruelty to children must stop. FULL STOP. Our approach to what we do http://www. nspcc. org. uk/what-we-do/about-the-nspcc/our-approach/our-approach_ wda72244. html (12/10/2011) Multi-agency working An effective way of supporting children and families with additional needs http://www. cwdcouncil. org. uk/multiagencyworking (14/10/2011) Tassoni P, Beth, K. Bulman, K & Eldridge, H. (2007) CACHE Level 3 Child Care And Education 4th Edition Heinemann: England. THE CHILDREN ACT 2004 – OVERVIEW – Background [online] ttp://www. surreycc. gov. uk/sccwebsite/sccwspublications. nsf/f2d920e015d1183d80256c670041a50b/5e17effdd34f9726802572f30055617d/$FILE/CYPP%20Childrens%20Act%20Briefing%20v2. pdf accessed (11/10/2011) The National Archives-Main provisions of the Education Act 2002 [online] http://collections. europarchive. org/tna/20091115062646/teachernet. gov. uk/educationoverview/educationact/summary/ (13/10/2011) Time Management Success. Why is time man agement important. http://www. time-management-success. com/why-is-time-management-important. html (15/12/2011) Child Care Introduction to Children Unit 1; E1 Statutory; sectors that are fully funded but it depends on the boroughs. One example is school nurseries. In this setting professionals aim to make life in the setting feel like a family atmosphere for children to feel comfortable. Professionals also help children to develop with carefully chosen activities to do with the 6 learning areas, these are; language and literacy, creative development, physical development, personal social and emotional development, knowledge and understanding of the world and mathematical development.They aim to help children develop at their pace and doesn’t rush anything because they know every child is individual in their own way. The nurseries also help children feel safe and secure in the environment and give them a healthy balanced lifestyle such has healthy meals, 5 a day and run around out the garden areas. The private sector; is full costing to parents, they have to pay the cost for their children, it isn’t paid for them. O ne example of this is preschools.The care they offer is just that little bit more then statutory this is because the sector makes the children feel like the school is also their home and that the professionals are family. Professionals in the sector will constantly observe the children for safety. Education in this sector is organised daily, this includes creative learning, letter and number work, singing and story time to boost confidence and their understanding. Education is also provided in a way of treating the child as an individual to show they develop at their own speed.This sector will also treat special needs children equal and show no discrimination. Voluntary; a small grant is donated for them to start up there business one example is child lines and mother and toddler groups. Voluntary provides help, support, and education to children. On nspcc. org. uk is say this is doing by; 1) ‘Focusing on areas which will make the biggest difference 2) Prioritise the children at risk 3) Learn what works the best for them 4) Create leverage for change’. When the sector finds new ways to help children they will test it out to see ow it goes and if it works then they will carry on with the new idea. They educate the children by the things they say and do to them to forget about certain things in their life and to develop them to move on and stay strong. E2 Statutory sector supports children and their families by doing things that will help their children to develop and grow, they fit around parents timetables and help them to go about their daily life knowing there child is in good monitored care. The statutory sector protects children and gives their families a sense of relief.It also helps parents with educating the child in their background and helps them understand more of the culture, also helps the families get good education for their child with the cost being mostly funded for them so it’s free. The private sector supports families and their children by giving them a safe secure place and making the child feel at home. It helps families go about their schedules and have a feel of relief that their child is going to be happy where they are, it supports them in a way of helping a child become better at their strengths, and it includes everything important in the Childs life.Voluntary work supports children in helping them overcome serious happenings in their life, and to become aware of people who have experienced similar going on and to help them have a better life in the future, and gives them closure. It supports the parents by being free of cost. E3 Childrens Act 2004; The act was around in 1989 but after a lot of going on it was updated to Children’s act 2004, it planned to improve how social services worked and how people would treat the children in their care.To help the children they plan to bring multiple agencies together to protect innocent children and stop the abuse that maybe going on. The 1989 act was poor, it made it easier for abusers to get away with what they did or gets a low sentence, this is because agencies didn’t come together and share information. The children get better response for what has happened and their needs are more focused on, the court decides what is best for the child to make them safer as it is one of their rights. The act allows children and their families to come together a lot more in making them a lot afer then what they would have felt before. On surrey. gov. uk website it says ‘The Act aims to improve effective local working to safeguard and promote children’s wellbeing’. The act has a lot of intention in making a Childs well-being noticed and important and aim to do the following; * Keep the child healthy * Keeping the child safe * Help the child have fun and enjoy life more and achieve things they thought they couldn’t. The children act 1989 was poor; the new act 2004 was promoted in ways such as teaming a lot more agencies together to work on keeping a child safe and having rights to what they deserve.The act shows people that children have rights to an education, healthy lifestyle and to be a child and enjoy their life without any threat. Education Act 2002; This act came around in 2002, on the europarchive. org website it say that ‘It is a substantial and important piece of legislation intended to raise standards, promote innovation in schools and reform education law’. This would help children get a better and healthier education through their life and make their lifestyle normal and challenging to become what they are willing to become.The act helps children to qualify for a greater and more flexibility in certain areas of the national curriculum. This helps children become involved with other people because it joins schools together as a team to work together on the well-being of the children. Human Rights Act 1998; This act came around in 1998 and aimed to help children have major rights in their life to give their lifestyle normality and a lot more easy going when it comes to the way families are. The rights support children in a way of safety and a healthy life some examples of human rights that are important to a child’s life are; 1. reedom from torture and degrading treatment 2. the right to respect for private and family life 3. the right not to be discriminated against in respect of these rights and freedoms 4. the right to an education If any of this rights are breached you have the right to an effective solution in law even if the breach was done by a police officer you still have the right to go to law. E4 Every child Matters; This provides every child no matter their background or circumstances the support they will need.Every child needs to be healthy which includes growing and their development as well as their emotional and physical well being, the environment needs to be a safe place for them to be able to develop, ano ther principle is for the children to enjoy and achieve through their learning and be able to achieve economic well-being through their life. These are crucial to be in your placement for the children to develop as the first 3 years are critical. This will help children’s life become healthy and have normality to. Welfare of children is paramount (children act 1989); A child’s welfare is paramount.The idea is that when decisions are made the needs and interests of the children must come first this means they need to be recognized as an individual. This will shape children in becoming aware of routines and the way their daily life will carry on. The court determines what will be best for the child’s upbringing and decides this by these points legislation. gov. uk it states ‘the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding). Cache Statement of values; The values in this are ways of putting the child first.To do this you will never use physical punishment towards a child, respect the parent or those in a parenting role, respect the staff in the child care industry and those involved, respect values and spiritual beliefs of the child and their family, honour the confidentiality of the child and their family. If these are not respected and done right then these could be life threatening to a child and those involved with the child. This will shape children in building their respect by showing you’re respecting others they will copy. E5The importance of valuing and respecting children will show them that you as a member of staff or a practitioner will not judge them or label them for who they are or how they look and do certain things. It will help them understand that everyone is individual and different but that doesn’t mean to treat them any different. If you show the children respect it shows a sense of care for them and will boost their confidence. Respect ing and valuing will help the child understand more on what they are doing and will help them in life, to support this on community. rg it states ‘creating environments  that foster creativity, innovation, discovery, inquiry,  questioning and problem solving. This is how settings help children increase and how it shows we respect what they need to learn and discover. it will show they are just as important as anyone else in the establishment which will make them not as shy. Their self esteem will rise if you talk to them like an adult and say more positive things, also saying their name correctly and praising them on the good shows that you value them as an individual and that learning their name also will show their important to.C The practitioner should listen to a child views and their opinions because it will help them with their confidence on showing that they can have a conversation about anything and show they have a voice to. If their confidence rises then they wil l communicate better with others and make new friends and be able to talk about their daily life routine a lot more and be able to say if something is wrong and if they need help. Listening to a child shows their important just like everyone else and that you value them as a person.A more confident child will tend to work harder in what they do to achieve and develop a lot more as well. The more a child is listened to the more open minded they will become and more outspoken. This will make it easier for them to become understood and will allow practitioners to identify their wants and needs. It’s a way of involving a child in decision making and showing them there are not really any wrong answer and they can learn from their mistakes.Also to show you have time to try and understand what they are saying, to support what I have said Tassoni et al (2007 page 13) ‘a child might need you to listen carefully so that you can understand what he or she is trying to say’. Also from listening to children a practitioner will gain their respect for you . A A child centred approach means to identify a child’s abilities and weakness’s and work around that with activities that they could handle, it also means to make the environment to the standard of their needs and to cater what they may need. Everything is based around the child.On growingplaces. org. uk they state ‘It allows freedom for children to think, experience, explore, question and search for answers’. Tassoni et al (2007 page 234) says ‘You will need to ensure that children’s interests are always reflected in what they do’ this is a way of ensuring the child is interested in learning and activities. The advantages of a child centred approach are that the children all gain something important to do with their life it helps families and practitioners notice their strengths and weaknesses as an individual so it is easier to help them focus on certain things.Another advantage is their needs are always catered for. They have a home like atmosphere in the environment for example toilet and sinks to keep their hygiene up also there are potties and nappies, changing rooms for those children who will need them. Their dietary is focused on and professionals will work around it. Another way of making a child centred approach is for early year practitioners to communicate this will help an individual child extend their knowledge or thinking, model ideas, prompt questions, nurture development, support the acquisition on specific skills.The disadvantages of a child centred approach is that it could make it hard for a child to go into something different like a primary school as they have not been prepared for that big leap in their life, it also makes it hard to slightly explain to a child that they can’t do something they ask as in past experience the child has always got what they have needed due to the child centred approach. I b elieve that the child centred approach is a good thing because it helps a child have a healthy lifestyle and helps them notice what they are going to gain and their strengths in the environment.Also that it helps them live their life as a child before rushing into something strange, the routine of their life is kept the same in some places as it is at home. E6 Confidentiality; This is an important skill because it shows that you are keeping private information about a child or a child’s household inside the nursery and not outside. This is an important skill to need in the work place with children because children will say a lot and if they say something about what may of happened to them for example abuse then it is the rules of being in a childcare establishment that you tell nobody if you on’t keep it confidential and it may not be true you could hurt someone and lose your right to work in that place. This will help support your work with children because it shows y ou are a trustworthy person and that you have knowledge of the rules and regulations of the workplace. It will make professionals trust you. To support what I have said in Tassoni 2007 page 11 it states ‘some of this information will be confidential information and must not be shared’.Communication; This is an important skill because you need to be confident enough to be able to talk to parents and other staff members about the children and things that will be needed to do around the work area. This will help support you working with children because you need to be able to communicate properly with the children because you will need to talk to them at different levels and know how to talk to children from babies to 11 year olds, also the be able to communicate with the other staff members to discuss planning activities or if the child is hurt you will need to communicate with the staff member and communicate in a team.Observation skills; This is important because youâ⠂¬â„¢ll need it to observe activities that are going on and the way children are behaving if it is appropriate or not. This will help your support with working with children because it shows that you know how to do things when working in that establishment for the future, it will help you set up activities or learn a child’s need. It shows that you can see children as an individual and that’s what you will need to do. Having this will also show that you are good at learning new things by observing how other staff members do things. E7Time management; This would be important to support your training because being able to show up on time for a placement and to take in coursework that’s due in shows you’re determined to do well and give a good impression. Being able to keep on time also shows that you’re well organized when it comes to deadlines or dates you need to be in and that you’re taking things seriously. Managing time is not a tricky th ing to do and being able to be on time for everything shows dedication. If you’re on time or early for placements it could lead to a permanent offer or a good review of your time there.The children are less developed in time management then you and will take what you do in to mind on time-management-success. com it states ‘Punctuality is a big issue in terms of time management for kids who have a less developed sense of time’. Giving Presentations; This helps support your training because it helps you take away what you’ve learnt and seen and put it up for everyone else to see your understanding. Being able to give a presentation also shows confidence and your understanding of the subject as well.It makes things easier for tutors to see how much you have developed and if you do need any help at all or if there are any errors. Note Taking; This helps support your training because it helps you go over anything you may not understand, note taking shows that y ou’re serious about learning things about what to do and what not to do in a placement. Also it helps you do units and give you ideas on what to write. Note taking in a placement will help you understand the difference in other childcare areas and it may lead to questions that you would like to ask to improve your knowledge. BConfidentiality; It is important to understand this boundary because working in a nursery or day-care centred even a primary school you will hear stories from the children or over here parents and staff talking about private things. The information you may hear is private and you must understand you cannot talk to anyone outside of the placement as someone who knows that family could over hear and this would affect them. A good test to know if a piece of information is confidential is to think about whether it’s common knowledge or if you only know it because of the position of you are in inside the nursery (Tassoni et al 2007).Understanding this will stop you hurting others or gossiping about other people behind their back. Health and safety; This is important to understand as a boundary also because you will need to know the child’s health issues if there are any or whether the child is safe where they are in the environment. You will need to understand what you should do if you see a gate or door open, this could be an easy way for unwanted visitors in the environment. On the premises you should as a member of staff what to do if a fire alarm goes off so you know what to do with the children when something like that does happen.If you don’t understand your limits when it comes to healthy and safety with children then you could be making a lot of mistakes and this could upset a lot of people. Also understand the limits of what a practitioner can do such as changing nappies and taking children to the toilet you may not be able to do this yet as you’re a learner. Managing A child behaviour; Practitioners may come across children with anger problems or any other behaviour problems which could be medical or non medical. When dealing with this you need to know what your limit is on how to handle them.You will need to go to a member of staff or manager and ask questions on what to do if a child has got a behaviour problem and what your limits are in dealing with this. You will also need to learn your boundaries because you could over excite a child and distract them when they must be focusing on an activity. Understanding your limit and boundaries is important on the well-being of the child. D1 There are three main types of people you as a practitioner should maintain a relationship with are; 1) Parents ) Professionals The Parents; The reason it is important to have an appropriate relationship with a parent is because you will need to talk to the parent about how their child is developing, what they have ate. What they have been doing throughout the day and if there have been any probl ems. You will see and need to speak to the parent occasionally on behalf of the child. The parent will need to trust you with their child and feel comfortable so they can get on with their life knowing their child is in safe hands.Other Professionals; It is important to maintain an appropriate relationship with other professionals as you will be working alongside them for a long time. You will be working as a team and you will need to have a relationship to feel comfortable in putting your views across and asking question on if you’re confused or not. If the relationship between you and the other professional is complicated then the children (who are your main priorities) will pick up on this atmosphere and feel wary and upset.If the child senses a positive feeling between a practitioner and professional then they will feel a sense of safety and calmness and comfort to know that nothing is going to happen and everyone will be fine. D2 Multi-agency team functions by bringing t ogether practitioners from different sectors and professions. On cwdcouncil. org. uk they quote ‘within the workforce they provide integrated support to children and their  families, for example a ‘team around the child' (TAC)’. The multi agency also has several professionals coming together as a team.Many benefits are in this type of agency such as support and advice on parents that need it. It helps families with young children by placing them in a onsite nursery until there finished with classes such as parenting. Multi agency is an effective way to support the children that have extra needs and help with improvement on their development. The way they make sure they meet the child and families needs is by communicating well with each other and by understanding their roles and responsibilities within the agency.As a practitioner you will need to learn what other professionals are involved in your setting and how this might affect your work. Some of the charact eristics of a multi agency are cooperation/collaboration, knowledge, common goals and effective communication. This will all help you when working in a multi agency because it will help you with what you need to find out and understand more on what the parent or child will need when in an environment such as help on certain subjects, dietary and religion.It helps other professionals in an environment also to share knowledge of a family together so professionals do not ask the family the same questions over; they are well organized and serious about their roles on making life easier for families and children. E8 Bibliography Community childcare growing places – what is meant by child centred approach [online] http://www. growingplaces. org. uk/reggio. htm (13/10/2011) Children Act 1989- Welfare of the children http://www. legislation. gov. uk/ukpga/1989/41/section/1 (15/12/2011) Children Services Community Management. We Value Children. ttp://www. cscommunity. org. au/index. p hp? id=45 (15/12/2011) Cruelty to children must stop. FULL STOP. Our approach to what we do http://www. nspcc. org. uk/what-we-do/about-the-nspcc/our-approach/our-approach_ wda72244. html (12/10/2011) Multi-agency working An effective way of supporting children and families with additional needs http://www. cwdcouncil. org. uk/multiagencyworking (14/10/2011) Tassoni P, Beth, K. Bulman, K & Eldridge, H. (2007) CACHE Level 3 Child Care And Education 4th Edition Heinemann: England. THE CHILDREN ACT 2004 – OVERVIEW – Background [online] ttp://www. surreycc. gov. uk/sccwebsite/sccwspublications. nsf/f2d920e015d1183d80256c670041a50b/5e17effdd34f9726802572f30055617d/$FILE/CYPP%20Childrens%20Act%20Briefing%20v2. pdf accessed (11/10/2011) The National Archives-Main provisions of the Education Act 2002 [online] http://collections. europarchive. org/tna/20091115062646/teachernet. gov. uk/educationoverview/educationact/summary/ (13/10/2011) Time Management Success. Why is time man agement important. http://www. time-management-success. com/why-is-time-management-important. html (15/12/2011)

Israels Right to Self-Defense

Israels Right to Self-Defense Free Online Research Papers The present Article examines the legality of Israels military intervention in Lebanon in the summer of 2006 from a jus ad bellum perspective. More specifically, it examines whether Israel could lawfully invoke the right of self-defense, taking account of the factual circumstances, the justification given by Israel and the reaction of the international community. The Article focuses mainly on the controversy regarding the legality of self-defense against attacks by non-state actors. In this regard, it is noted that while the restrictions on this type of self-defense may have been eased in recent years, Israels intervention should not be considered a new precedent towards a broad right of self-defense against terrorist groups or other types of non-state actors. I. Introduction On July 12, 2006, Hezbollah militants attacked an Israeli military patrol, capturing two soldiers and killing three. Israel subsequently invoked the right of self-defense and engaged in military operations to retrieve the captured soldiers while carrying out air strikes against several targets in Lebanon, such as the Rafik Hariri International Airport in Beirut. The incident escalated in the following days, when aerial bombardments by the Israeli Defence Forces (IDF) were answered by a rainstorm of Katyusha rockets targeting Haifa and other cities in northern Israel. As the IDF crossed the Blue Line, the United Nations (U.N.)-monitored border demarcation between the two countries, Israeli troops and Hezbollah militants clashed in the worst fighting in southern Lebanon since 1982. For over a month the world held its breath until, finally, a frail ceasefire was put in place at the order of the U.N. Security Council on August 14, 2006. [FN1] In all, some 116 Israeli soldiers and 43 Isra eli civilians lost their lives between July 12, 2006 and August 14, 2006. On the Lebanese side, some 1,109 peoplemostly civilians were killed, as well as twenty-eight Lebanese soldiers. [FN2] Scores of people on both sides were injured or forced to flee their homes. The dramatic events of July and August 2006 raise important questions of jus ad bellum regarding the legality of self-defense in response to attacks by non-state actors. [FN3] Chief among these questions is whether state involvement in these attacks is needed to trigger Article 51 of the U.N. Charter, [FN4] which spells out the right of self-defense and, if so, what degree of state involvement is required. The International Court of Justice (ICJ) has addressed this question in its advisory opinion on the legality of the â€Å"Palestinian Wall† [FN5] and in its judgment in the Case Concerning Armed Activities on the Territory of the Congo (Dem. Rep. Congo v. Uganda), [FN6] but it has been notoriously unable to provide a coherent answer to this polemic, to the discontent of some of its judges. Legal scholars are highly divided on the topic, although a growing number of authors have suggested that the legal restrictions on self-defense *267 ought to be eased. [FN7] States, on the other hand, do not seem to stumble over these thorny questions. Indeed, as they did in response to the 9/11 attacks, many states supported Israels self-defense claim without further ado, notwithstanding the fact that many were critical of the disproportionate character of Israeli attacks and the heavy loss of civilian life on the Lebanese side. Against this background, the present Article assesses the merits of Israels invocation of Article 51 of the U.N. Charter. Given the fact that the initial attack emanated from Hezbollah and not from the Lebanese government, it is hard to fit Israels recourse to force into the traditional legal parameters of self-defense. We will therefore not only examine the legality of Israels actions but also their significance for the development of jus ad bellum, taking into account the reaction of the international community. I start from the widely accepted premise that custom, constituted of state practice and opinio iuris, is crucial for the determination of the scope of the legal prohibition on the use of force. [FN8] Thus, Israels state practice in the present case will be tested against the opinio iuris expressed by Israel, Lebanon and numerous other states in the debates of the U.N. Security Council. [FN9] In the end, while the *268 international community generally affirmed the applicabi lity of the right of self-defense to Israels actions, I argue that this should not be interpreted as creating a broad legal right to exercise self-defense against attacks by non-state actors. Rather, given the circumstances in Lebanon, Article 9 of the Draft Articles on State Responsibility (Draft Articles) [FN10] may provide an alternative route to legally justify Israels recourse to self-defense under Article 51, while leaving in place the need for a certain degree of state involvement in armed attacks. The present analysis does not address the legality of Israels actions under international humanitarian law, [FN11] nor does it deal with the parallel military action in the Gaza strip during the same period. Part II summarizes the events of July 12, 2006 as well as the responses of Israel, Lebanon and the wider international community. Part III examines whether the conditions for the recourse to self-defense were met and focuses in particular on the question of whether and to what extent â€Å"armed attacks† require the involvement of a state to legally justify self-defense under Article 51 of the U.N. Charter. Part IV contains concluding remarks. II. The Outbreak of Hostilities and Reaction of the International Community On the morning of July 12, 2006, Hezbollah fighters attacked an Israeli border patrol between the towns of Zarit and Shtula. [FN12] Making use of a â€Å"dead zone† in the border fence, not visible from any of the IDF outlook posts, they crossed the border and ambushed an Israeli patrol with a combination of pre-positioned explosives and anti-tank missiles. Simultaneously, Hezbollah also launched a diversionary attack, firing Katyusha rockets and mortars at Israeli military positions and border villages. The latter attack wounded five civilians. In the ambush itself, three Israeli soldiers were killed, two were wounded and two were abducted. The IDF responded with artillery fire, air strikes, and a naval bombardment. Moreover, in its first military ground operation in *269 southern Lebanon since the withdrawal of Israeli troops in 2000, the IDF summoned a mission to rescue the captured soldiers and engaged in fierce fighting with Hezbollah gunmen. Shortly after the Zarit-Shtula incident, Israeli Prime Minister Ehud Olmert made a statement in which he argued that the Hezbollah attack was â€Å"not a terrorist attack, but the action of a sovereign state that attacked Israel for no reason and without provocation.† [FN13] He pointed out that Hezbollah is a member of the Lebanese government, stressing that Lebanon was responsible for this â€Å"act of war . . . on the sovereign territory . . . of the state of Israel† and would bear the consequences of its actions. [FN14] In accordance with the reporting obligation of Article 51 of the U.N. Charter, Israel submitted a letter to the Security Council, stating that â€Å"[r]esponsibility for this belligerent act lies with the Government of Lebanon, from whose territory these acts have been launched into Israel. Responsibility also lies with the Government of the Islamic Republic of Iran and the Syrian Arab Republic, which support and embrace those who carried out this at tack.† [FN15] The statement denounced the â€Å"ineptitude and inaction† of the Government of Lebanon to exercise its jurisdiction over its own territory, despite calls thereto in several Security Council resolutions. The statement goes on to reiterate that Israel â€Å"reserves the right to . . . exercise its right of self-defense when an armed attack is launched against a Member of the United Nations.† [FN16] To this end, it would take â€Å"appropriate actions to secure the release of the kidnapped soldiers and bring an end to the shelling that terrorize[d] [its] citizens.† [FN17] The next day, however, Lebanon called for an urgent meeting of the Security Council to discuss the crisis. [FN18] Lebanon declared that it was â€Å"not aware of the events that occurred and are occurring on the international Lebanese border† and did not endorse them. [FN19] Lebanon refuted responsibility for the actions of Hezbollah and strongly condemned â€Å"the Israeli aggressions that targeted and are targeting the vital and civil Lebanese infrastructure.† [FN20] *270 Israels actions against Lebanon were only discussed in the margin during the Security Council meeting of July 13, 2006, which instead focused on the situation in the Gaza strip at the time (a draft resolution was defeated due to a United States veto). [FN21] However, the next day the Council did convene to discuss the Israeli-Lebanese situation. [FN22] During the debate it became clear that most of the fifteen Council members supported Israels invocation of self-defense in principlethe United States, Japan, the United Kingdom, Denmark, Slovakia, Greece, France, Peru, and Argentina all referred to Israels right of self-defenseeven though they refrained from speaking out on Lebanons possible responsibility for the Hezbollah attacks. Only China and Qatar identified Israels response as â€Å"armed aggression† against Lebanon. [FN23] On the other hand, most Council members also showed sympathy for the Lebanese authorities and stressed the need for the Lebanese government to ex ercise full control over all of its territory. Virtually all Council members expressed concern at the targeting of civilians and civilian infrastructure in Lebanon and called for restraint, with several countries, such as Russia and France, expressly condemning the disproportionate nature of Israels campaign. [FN24] In the following days, Israels claim continued to receive implicit and explicit support from several corners, although often in combination with deep concern at the loss of civilian life. Thus, on July 16, 2006, the Group of Eight (G8), meeting in St. Petersburg, issued a declaration acknowledging Israels right to self-defense while calling for restraint. [FN25] Two days later, the U.S. Senate adopted a resolution â€Å"[c]ondemning Hezbollah and Hamas and their state sponsors and supporting Israels exercise of its right to self-defense.† [FN26] Likewise, Australian Prime Minister John Howard affirmed that Hezbollah had forced Israel into self-defense. [FN27] Even U.N. Secretary-General Annan, albeit highly critical of Israels excessive and disproportionate use of force, acknowledged Israels right to defend itself under Article 51 of the U.N. Charter. [FN28] The open debate in the Security Council of July 21, 2006 shows a similar picture. Notwithstanding deep concern or outright condemnation of the disproportionate use of force, a majority of participants agreed as a matter of principle that Israel had the right to defend itself against the attacks by Hezbollah. [FN29] This position was held by the United States, the twenty-five *271 member states of the European Union, Japan, Russia, Canada, Australia, Norway, Switzerland, Brazil, Argentina, Peru, Guatemala, and Ghana. On the other hand, the twenty-two member League of Arab States [FN30] condemned the Israeli aggression, as did China, Iran, Cuba, and Venezuela. Other countries, such as India and Indonesia, condemned the disproportionate character of Israels action, without addressing the self-defense question. [FN31] Thus, it appears the international community steadily grew more critical of Israels use of force against Lebanon, especially after the killing of four U.N. peacekeepers in an Israeli artillery and aerial attack on July 25, 2006 [FN32] and the Qana massacre [FN33] of July 30, 2006 in which twenty-eight Lebanese civilians lost their lives. Still, a majority of states, including eleven out of fifteen Security Council members, backed the invocation of Article 51 of the U.N. Charter. [FN34] Let us now turn to the merits of the casus belli. A. Israels Self-defense Claim An examination of Israels self-defense claim can be broken down in three parts. First, we must establish whether the Zarit-Shtula incident qualifies as an â€Å"armed attack† in the sense of the U.N. Charters Article 51 ratione materiae. This means that we must assess whether Hezbollahs acts were â€Å"of such gravity† that they would qualify as an armed attack if they had been carried out by regular armed forces. Secondand this is the most difficult point to tackle from a legal perspectivewe must look into the Lebanese governments involvement in the activities of Hezbollah to verify whether the incident qualifies as an armed attack ratione personae. A third and final aspect concerns the necessity and proportionality of Israels response. A preliminary remark must be made. Several officials and media sources have questioned Israels motives in going to war against Lebanon. Some have suggested that Israel had long pre-planned its military campaign and was waiting to be provoked; others have pointed out that Israel pursued *272 wider goals than merely the return of its abducted soldiers. [FN35] Whether or not these suggestions are true is irrelevant from a jus ad bellum perspective. This follows from the Nicaragua case, where Nicaragua argued that the U.S. justification of self-defense merely served as a pretext for its contested activities. The Court rejected this argument, declaring that self-defense can be legally invoked if the appropriate conditions are met â€Å"even though there may be possibility of an additional motive, one perhaps even more decisive.† [FN36] Hence the answer: yes, self-defense may be a pretext, as long as the basic conditions are met. But were these conditions met on July 12, 2006? 1. Ratione Materiae Our first question concerns whether the â€Å"scale and effects† of the initial attack by Hezbollah were sufficient to trigger the right of self-defense. In the Nicaragua case, the ICJ famously distinguished between the â€Å"most grave† forms of the use of force from other â€Å"less grave† forms. [FN37] Only the former qualify as â€Å"armed attacks† in the sense of Article 51. This is also evident from the ICJs reference to the Definition of Aggression, [FN38] adopted by the U.N. General Assembly in 1974, which the Court used as a yardstick to determine the existence of an armed attack. [FN39] Articles 2 and 3(g) of the Definition require that armed force be of sufficient gravity to constitute aggression. [FN40] As a result, a de minimis threshold has to be reached. An armed attack must involve at least a use of force producing (or liable to produce) serious consequences, epitomized by territorial intrusions, human casualties or considerable destruction of property. [FN41] Use of force below this threshold may well trigger a states right to take countermeasures, but it does not justify recourse to self-defense. On the other hand, a single incident such as the mining of a single vessel may be sufficient to bring into play the inherent right of self-defense. [FN42] Single incidents may also be â€Å"accumulated† so as to determine whether the threshold has been reached. [FN43] In Nicaragua, the ICJ excluded â€Å"mere frontier incidents† from the concept of â€Å"armed attack.† [FN44] Many scholars criticized this distinction as *273 artificial, arguing that some â€Å"frontier incidents† may be trivial, while others may be extremely grave. [FN45] However, the concept of frontier incidents may be useful to avoid escalation of minor incidents. It does not a priori rule out the possibility that trans-border incursions could singly or collectively amount to armed attacks. The ICJ did not provide much guidance to distinguish mere frontier incidents from armed attacks, but only referred in general terms to â€Å"scale and effects† and circumstances and motivations. [FN46] The implication seems to be, as Gray notes, that â€Å"the Court would include within ‘frontier incident’ episodes where there was no intent to carry out an armed attack, including accidental incursions and incidents where officials disobeyed orders.â €  [FN47] Given this understanding, the premeditated and well-organized character of the Hezbollah ambush, the ongoing nature of the abduction, combined with diversionary rocket attacks suggest that this was a deliberate â€Å"armed attack† rather than a mere â€Å"incident.† Considering the serious consequences of the attackwhich included territorial intrusions, human casualties, and destruction of propertyone could argue that, even though it was a relatively small-scale event, the ratione materiae criterion was fulfilled. The outcome of this analysis would be different if one were to follow the alternate version of the incident, proclaimed by the Lebanese police and later by Hezbollah. According to this version, the Israeli soldiers were captured when Hezbollah attacked an Israeli commando force trying to infiltrate the village of Ayta ash-Shab, well inside Lebanese territory. [FN48] This account seems somewhat at odds with the apparently premeditated nature of Hezbollahs attac k. [FN49] All major news agencies, including Al Jazeera, as well as the European Union and the G8, have characterized the abduction as a â€Å"cross-border† attack. Likewise, the report of the United Nations Interim Force in Lebanon (UNIFIL) states that Hezbollah â€Å"crossed the Blue Line into Israel and attacked an IDF patrol,† [FN50] and Security Council Resolution 1701 speaks of â€Å"Hezbollahs attack on Israel.† [FN51] Therefore, we see that the answer to the question posed at the start of this section is that the attack by Hezbollah was sufficient to trigger the right to self-defense. *274 2. Ratione Personae The ratione personae aspect is more difficult to assess. The problem is that considerable controversy exists as to when attacks carried out by non-state actors qualify as â€Å"armed attacks† in the sense of Article 51. The text of the Article does not explicitly restrict the scope of â€Å"armed attacks† to acts of state agents, yet it has traditionally been interpreted in this way. [FN52] Thus, the U.S. Senate Foreign Relations Committee long ago declared that â€Å"the words ‘armed attack’ clearly do not mean an incident created by an irresponsible group of individuals, but rather an attack by one state upon another.† [FN53] On the other hand, literature also suggests that self-defense can be exercised against attacks by non-state actors when there is a certain degree of state involvement in the attacks, a situation which is sometimes labeled â€Å"indirect military aggression.† [FN54] In addressing this controversy, the International Court of Justice has applied the reasoning of Article 3(g) of the Definition of Aggression, which was taken to reflect customary international law. Thus, the Court extended the notion of â€Å"armed attack† to â€Å"the sending by or on behalf of a state of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to (inter alia) an actual armed attack conducted by regular forces, or its substantial involvement therein.† [FN55] Nevertheless, the application and interpretation of this phrase has become increasingly contested. This is a consequence of evolutions in state practice, recent resolutions adopted by the Security Council, and, last but not least, subsequent ICJ jurisprudence. As a result, there are currently three broad lines of reasoning. [FN56] On the one hand, some argue that self-defense can only be exercised when attacks by non-state actors can be imputed to a State in accordance with established rules on state responsibility. On the other extreme, some argue that state involvement has become irrelevant and that one should only look at the gravity of the attack to determine the appropriateness of self-defense. In between, a third position claims that state involvement remains a precondition albeit under a lower threshold than that of state responsibility. Hereafter, we will examine these positions in the context of the Israeli-Lebanese conflict. It is argued that Israels actions fail to meet th e ratione personae threshold, not only if one sticks to the general rules on state *275 responsibility, but also when a somewhat lower state involvement standard is adopted. Subsequently, an alternative route is suggested to act against states failing to prevent cross-border attacks by non-state actors by falling back on a somewhat neglected rule of state responsibility, dealing with conduct carried out in the absence or default of official authorities. i. State responsibility As mentioned above, the ICJ in the Nicaragua case used Article 3(g) of the Definition of Aggression as a yardstick for the legality of self-defense against attacks by non-state actors. This article refers to the â€Å"sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State . . . or its substantial involvement therein.† [FN57] Although the wording â€Å"sending by or on behalf of† seems to imply agency, the additional reference to â€Å"substantial involvement therein† suggests that this yardstickwhich the Court held to be part of the primary rules of the jus ad bellumis not necessarily identical to the secondary rules concerning state responsibility, but may actually be broader. Indeed, the phrase â€Å"substantial involvement† was the result of long debates regarding the degree of state involvement needed to establish â€Å"aggression.† [FN58] Some delegations w anted to include â€Å"support,† â€Å"acquiescence,† and â€Å"encouragement of organization† of armed bands. Others wanted to reserve â€Å"aggression† to cases of â€Å"open and active participation.† [FN59] The implication of the Courts reference to Article 3(g) therefore seems to be that self-defense may go beyond situations where attacks by non-state actors are imputable to a state and also covers situations where a state is â€Å"substantially involved† in their activities. At the same time, however, the ICJ took a narrow view of such involvement and discarded the idea that â€Å"the provision of weapons or logistical or other support† could amount to an armed attack. [FN60] Although the giving of sanctuary to non-state actors did not arise on the facts in Nicaragua, it is assumed that the Court implicitly rejected that acquiescence or the inability to control armed bands operating on a states territory could constitute an arme d attack. [FN61] In the end, the Courts narrow interpretation seemed to de facto limit self-defense to attacks that are actually attributable to states. This position was heavily attacked by Judge Schwebel and Judge Jennings as well as by several scholars. Judge Jennings, for example, pointed out that, â€Å"it becomes difficult to understand what it is, short of direct attack by a states own forces, that may not be done apparently without a lawful response in the form of . . . self-defence.† [FN62] *276 If ever there was a gap between the Courts interpretation of Article 3(g) of the Definition of Aggression and the rules on state responsibility, it seems to have been closed in two recent ICJ cases. Thus, in the Palestinian Wall advisory opinion, the Court stated that Article 51 U.N. Charter recognized, â€Å"the existence of an inherent right of self-defense in the case of armed attack by one State against another State.† [FN63] Since Israel had not claimed that the attacks it suffered were in fact â€Å"imputable to a foreign state,† the right of self-defense could not be invoked to justify the building of the â€Å"Palestinian Wall.† [FN64] And in DRC v. Uganda, the Court invoked the wording of Article 3(g) Definition of Aggression, albeit dropping the reference to â€Å"substantial involvement.† [FN65] The Court seemed to follow the view that the deplorable attacks against Uganda by armed groups acting from Congolese territory were due to the Demo cratic Republic of the Congos (DRC) inability to control events along its border and concluded that the attacks were â€Å"not attributable† to the DRC. Given the absence of state responsibility, the preconditions for the exercise of self-defense were deemed absent, meaning that the Court â€Å"did not need to enquire† whether Ugandas actions had abided by the standards of proportionality and necessity. Given the jurisprudence of the ICJ, it is little wonder that Israel traveled the road least contested and invoked state responsibility. Indeed, while reporting to the Security Council, Israel took the position that Lebanon was responsible for Hezbollahs attack and that, as a result, this was not a terrorist attack, but rather the action of a sovereign state. [FN66] If this were true, then there would be no doubt that Israel could lawfully invoke Article 51 of the U.N. Charter. However, one would first need to demonstrate that Hezbollahs actions could be attributed to the Lebanese government in accordance with the stringent rules on state responsibility, enshrined in the International Law Commissions authoritative Draft Articles on State Responsibility. [FN67] In principle, Draft Article 4 limits state responsibility to acts carried out by state organs exercising legislative, executive, judicial or other functions, as long as they are acting in their official capacity. [FN68] Draft Article 7 makes clear that this also covers occasions where agents exceed their authority or contravene their instructions. In this context, Israel emphasized the fact that Hezbollah is part of the Lebanese government. [FN69] Hezbollah has indeed participated as a political party in Lebanese elections since 1992 and at the time of the crisis it held fourteen seats in the 128-member Parliament. It was, *277 moreover, a minority partner in the Cabinet, where it held two minister posts (Energy and Water, and Labour). It had also endorsed a third Cabinet position, namely that of Fawzi Salloukh, minister for Foreign Affairs. Nevertheless, to conclude from this participation that the July 12 attack was carried out by state agents is not acceptable. The mere fact that Hezbollah held two minister posts obviously does not imply that all Hezbollah militants would become state agents. This might be different if Hezbollah were leading the government, as Hamas did at the time in the Occupied Palestinian Territories. In such a situation, one could argue that the military wing of Hezbollah would become an extension of the governments security apparatus, implying that its actions would be imputable in the sense of Draft Article 4. Yet, in the present context, Draft Article 4 does not apply. This means that we have to look at the exceptions to the rule that states are only responsible for acts of their organs. Three main exceptions exist. The first two are laid down in Draft Article 8, according to which the conduct of a person or a group of persons shall be considered an act of a state if the person or group of persons is in fact acting on the specific instructions of the state or is under the direction or control of the state in carrying out the conduct. [FN70] With regard to the latter exception, the ICJ suggested that the litmus test is the existence of â€Å"effective† control or direction. [FN71] The third exception deals with situations where a state explicitly acknowledges and adopts conduct by non-state actors as its own (Draft Article 11; both requirements have to be fulfilled cumulatively). This situation surfaced in the Tehran case where the ICJ held that the Iranian policy of placing pressure upon the United States by not ending the hostage-crisis in the U.S. embassy and various Iranian authorities compliance with this policy transformed the occupation of the U.S. embassy into acts of Iran. [FN72] None of these exceptions apply in the present situation. As the Secretary-General remarked, it was clear that the Lebanese government had no advanced knowledge of the attack. [FN73] The Lebanese government immediately distanced itself from Hezbollahs attack and informed the Security Council that it was not aware of the events and did not endorse them. [FN74] Moreover, whereas Israel accused Iran and Syria of â€Å"supporting and embracing† those who carried out the attack, it did not accuse Lebanon of supporting Hezbollah, let alone of â€Å"effectively controlling† Hezbollah. Instead, Israel merely spoke of Lebanons â€Å"ineptitude and inaction† in exercising jurisdiction over its own territory, blaming the government for not implementing Security Council Resolution *278 1559. [FN75] The latter resolution had called for the withdrawal of all foreign forces from Lebanon as well as the disbanding and disarmament of all Lebanese and non-Lebanese militias. [FN76] I t had partially been implemented as a result of the withdrawal of most Syrian forces from Lebanese territory. [FN77] However, the Lebanese government had failed to dismantle Hezbollah, thus allowing the country to become a â€Å"hotbed of violence and a cesspool of terrorism.† [FN78] Israel argued that it was compelled to act â€Å"not against Lebanon, but against the monster that Lebanon had allowed to hold it hostage.† [FN79] Like virtually all U.N. Members during the Security Council debates of July 14 and 31, Israel supported the position that the Lebanese government should extend its sovereign jurisdiction over the whole of its territory, a position that formed the basis for Resolution 1701. [FN80] In other words, the Lebanese government was not seen as the problem, but as part of the solution. Now that we have established that the July 12 attack was not imputable to the Lebanese government in the sense of Draft Articles 4, 8 or 11, does this mean that self-defense was excluded in the present context? If one adheres to the proposition that the exercise of self-defense against attacks by non-state actors requires state responsibility, the answer would at first sight be affirmative. However, the latter position is increasingly criticized for rendering self-defense against attacks by non-state actors virtually always impossible. [FN81] First, it is highly unlikely that a state would explicitly acknowledge an attack and adopt it as its own in the sense of Draft Article 11, knowing that doing so would make it the possible target of a counterattack. Second, in most situations of alleged â€Å"indirect military aggression,† states are involved by indirectly providing assistance, training, financial and logistical support, rather than by giving specific instructions or exerc ising effective control over attacks. In such circumstances, a state sponsor commits an internationally wrongful act. For example, the Declaration on Friendly Relations proclaims that â€Å"no state shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the regime of another state, or interfere in civil strife in another state.† [FN82] Nonetheless, the state victim of an attack by non-state actors would only be allowed to resort to peaceful countermeasures. The state supporting the attack would effectively be shielded from the use of military force. *279 In an age where terrorism is universally recognized as one of the most serious threats to international peace and security, [FN83] a strict insistence on the need for state responsibility seems untenable. Such a position has also been challenged by several judges of the ICJ. In relation to the Palestinian Wall advisory opinion, for example, Judge Kooijmans, Judge Buergenthal, and Judge Higgins all emphasized that nothing in the text of Article 51 stipulates that self-defense is available only when an armed attack is made by a state. [FN84] Both Judge Kooijmans and Judge Buergenthal suggested that Security Council Resolutions 1368 and 1373 marked a new approach to self-defense, regretting that the Court had by-passed these new elements. [FN85] Judge Higgins has written separately to reiterate her earlier criticism of the Courts reliance on the Definition of Aggression in the context of the Nicaragua case. [FN86] Criticism had grown stronger by the time of the DRC v. Uganda case, where the role of irregular forces was at the heart of the dispute. Several judges regretted that the Court had not taken the opportunity â€Å"to clarify the state of the law on a highly controversial matter, marked by great controversy and confusionnot the least because it was the Court itself that ha[d] substantially contributed to this confusion by its Nicaragua judgment. . . .† [FN87] Judge Kooijmans and Judge Simma were mainly concerned with a phenomenon â€Å"which in present-day international relations has unfortunately become as familiar as terrorism,† namely the almost complete absence of government authority in the whole or part of the territory of a state. [FN88] Both suggested that in such circumstances one should only look at the scale and effects of an attack to determine the applicability of Article 51. Judge Koroma, on the other hand, argued that a states â€Å"massive support for arme d groups, including deliberately allowing them access to its territory† could be characterized as an â€Å"armed attack.† [FN89] Finally, Judge ad hoc Kateka rejected the idea that â€Å"the provision of arms, coupled with ‘logistical and other support†Ã¢â‚¬â„¢ could not qualify as an armed attack. [FN90] These separate and dissenting opinions acquire a particular meaning if we look at recent evolutions in state practice and opinio iuris. Here we notice a trend of abandoning the need for state imputability in two different scenarios, namely cases where a state supports the activities of non-state actors and cases where a state is unable to prevent non-state actors from carrying out attacks. 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