Thursday, October 31, 2019

Wal-Mart Research Paper Example | Topics and Well Written Essays - 1750 words - 1

Wal-Mart - Research Paper Example Sam Walton believed that impressive profits in any business do not source from charging high prices on goods and services, but from making high sales volume. Samuel Walton believed that he could only make smart profits if he did a lot of sales of his merchandise. For this reason, Samuel Walton resolved to reduce the prices of his merchandise below the market margin, which eventually played the most critical role in attracting many customers. With many customers, the rate of stock turn over in the Wal-Mart stores increased thereby resulting to high profit margins. The success of Wal-Mart stores should act as reflective mirror to any investor in the chain store industry. Wal-Mart’s success lines up with various economic and social benefits as well as negative implications in the line of economy, social and environmental arenas. Wal-Mart stores have worked towards eliminating monopolistic complacency in the American market by inducing high level of competition. Wal-Mart is known for its tendency to reduce handlers of its products to the shelves, a strategy achieved through the identification of viable vendors who inspect the stocks in the stores and in the shelves and organize for supply when necessary. The strategy has helped Wal-Mart stores in cutting costs, transferring the advantages transfers to the customers who eventually end up buying goods at low prices (Bargdahl 14). The reduction of prices charged on the final products by Wal-Mart has attracted many consumers to the Wal-Mart stores, an event that has seen decline in performance of the other competitors. Owing to the high competition from Wal-Mart, other market operators have been forced to lower their prices thus the benefit to the consumers. According to Bergdahl, Wal-Mart stores adopted advanced technology of loading and offloading, which applies the use of conveyor belts (41). Wal-Mart has therefore employed thousands of people who operate the

Tuesday, October 29, 2019

Criminal Data and Statistics Essay Example | Topics and Well Written Essays - 1250 words - 2

Criminal Data and Statistics - Essay Example Hence, it is a credible gadget to have a firm grip on accountability and keep a track of the different important players that are concerned with the justice system concerning the criminals of our society. The sector of criminal data and statistics should only be utilized for the sake of the safety of the society also provides the security practitioners to develop their agenda, implement it and quantify the initiatives taken by the social crime deterrence activities. The data of these criminal related activities need to be precise and very accurate as it helps the lawmakers, stakeholders, crime prevention authorities, defence-related forces etc. to function on the basis of their records. If these records have the minutest flaw it will eventually damage the productivity and can cause an inappropriate action towards the crime issues. Furthermore, in the year 2006, the British Home Office scrutinized the United Kingdoms crime records for the following reason: it was observed that the people had lost faith in the British Home office for its inefficiency and for not being able to produce qualitative results. Their productivity has backfired drastically so as that it is no more possible to h ave an argument on the other criminal justice related laws. The trend in crime has changed and variations need to be made. The home secretary condemns this and therefore wants the policies to be made in such a manner that the level of productivity increases and hence the trust of the people is redeemed. (Crime Hub) Thus without having precise criminal records, data and statistics the result of the policies that govern this system is pretty useless. One should not completely rely on this criminal records as alone they cant give the answers but eventually they do help and look after them within the city and outside the city crime activities and give initiatives to develop prevention to such crimes. The crime data obtained is used for various things and serves a lot of purposes. The major work of the acquired criminal data is used by law enforcing agencies I order to form budgets, plan, allot various resources, and scrutinizing various police operational activities.  

Sunday, October 27, 2019

BMW and Rosslyn Plants Supply Chain Management and Logistics

BMW and Rosslyn Plants Supply Chain Management and Logistics BMW (Bayerische Motoren Werke), is arguably a luxury car manufacturer. BMW group headquarter is in Munich, Germany, however the company is settle all over the world (BMW Group, 2004) More detailed in (Appendix 1). In the early 1973, BMW opened his first international plant in Rosslyn South Africa (Autointell.com, 2007). Introduction The shifting business conditions of the 21st century has led to companies facing issues ranging from economic uncertainty to new technologies, globalisation and increasing consumer demands. In the automobile industry, as manufacturers design and build vehicles globally, their supply chains turn into increasingly multifaceted with challenges that frequently stand in the way of profitability and higher shareholder value such as long order-to-delivery lead times, unpredictable production schedules, excess inventory across the supply chain, lengthy demand planning cycles and lack of visibility of suppliers. The effect of the global economic meltdown increased the pressure on automotive executives to make right decisions about their supply chain for better performance. This paper will analyze how the German car manufacturer BMW South Africa (SA) at Rosslyn plant operates and how supply chain is conceived, supported, delivered and developed as well as identify the inventory management and the performance improvement that are affected by the identifying the logistics and supply chain management (SCM) systems as a possible strategy to respond to changing consumer demand. BMW Supply Chain Management process Supply chain management (SCM) can be defined as the design and management of seamless, value-added process across organisational boundaries to meet the real needs of the end customer (Fawcett et al., 2007). Generally, SCM involves relationships and managing the inflow and outflow of goods, services and information (network) between and within producers, manufacturers and the consumers (Christopher, 2005; Samaranayake, 2005; Gripsrud, 2006). A supply chain includes all activities, functions and facilities (directly or indirectly) in the flow and transformation of goods and services from the material stage to the end user (Sherer, 2005). It consists of an upstream supplier network and downstream channel (Mangan et al, 2008). The supply chain process at BMW starts from the customer and ends with the customer. BMW uses built-to-order structure to provide their customers what they want. Customer makes their request online or throughout the dealers. The information is then transmitted to Munich (Germany) which is captured in a central database. Bill distribution is done to establish cost of manufacturing and deciding where the car will be manufactured (Academicsjournal.org, 2010). This is informed by the nature and design of the product, the cost involved and the lead time. All parts are complete on built-to-stock foundation on the model life of the car imported. Parts are received at the Cape Town international airport by shipment in the case of South Africa Rosslyn plant (SAP) (Academicsjournal.org, 2010). It is then conveyed to the Rosslyn plant in Pretoria where it is then assembly. After assembled, it is taken to the warehouse where it is transported to the dealers set for collection by the customer (Ka ps, 2006). Several of the manufacturing, distribution of cars, suppliers of parts, exportation, quality values at BMW and the employ of mySAP technology for steering communication. These processes can be explained as follows. Production The production practice of cars goes during different shops where precise technologies are practical to make sure that value cars are delivered to customers. The procedure starts at Body-in-White Shop, where diverse pressed body parts are assembled into a body shell (Academicsjournal.org, 2010). The next procedure is the Paint Shop, where it is painted according to the customers request. At last the painted body goes to Assembly Shop where parts are fixed as per specification ordered by the customer. The essential issue is stretchy manufacturing (Academicsjournal.org, 2010). Paintings of car A painting of car is flexible to manufacture cars which meet the customers exact requests. Colour is an important principle for the customer choosing a car and is an influential marketing tool. Each customer is provided with the specific model require, with personalised features and all the options ordered, calls for an exceptionally high standard, not only in assembly but also in production and vehicle delivery management (Academicsjournal.org, 2010). However, one of the main activities on the assembly line occurs at the mix point: the point at which the engine and drive train are mixed to the body of the car. Improvements are made on the assembly line which has made it possible for BMW plant to produce all the 3 Series 4-door model derivatives and option requirements for the local and export market (Academicsjournal.org, 2010). Suppliers and assembly line BMW Rosslyn plant for example has about 44 local suppliers. Suppliers bring more than 60% of the mechanism of each car to the line. Just in time (JIT) supply processes ensure that certain components of the vehicle are on the assembly line just in time to be fixed to the exact vehicle they are made for. JIT supply systems are used to bring door panels, exhaust systems and rear and front axles to the correct point on the assembly line. Using a JIT supply scheme saves space by minimizing stock on the premise (Acamdemicsjournal.org, 2010). Typically, there is only one and a half hours of stock on the line at any set time which prevents damage to stock transport costs and saves storage. BMW plant delivers world-class worth products to consumers across the globe. All operational production is managed for offering uncompromising, best quality. However each and all procedure in manufacturing involved the car is checked for process inspections and aptitudes are implemented where needed (Acade micsjournal.org, 2010). Distribution BMW plant Vehicle Distribution Centre (VDC) has a distribution facility and a cost-effective storage, allowing the safety and quality protection of the vehicles. A 200-vehicle car-train loads export vehicles use dedicated railway facilities and off-loads each day import vehicles. For example Rosslyn plant has about 196 dealers locally. Vehicles intended for dealers are loaded onto car carriers and to dealerships around the country, which save the vehicle from any marks wear and scratch prior to delivery to a customer (Academicsjournal.org, 2010). All vehicles are inspected by associates VDC prior to loading to guarantee that the highest possible levels of quality delivery to dealers are maintained. The VDC provides a mechanical and paint/body workshop for the service and repair of company vehicles in addition to approve used cars. Manufactured vehicles are then transported to Durban (SA) for export. Transportation of vehicles to Durban port is on a daily basis. BMW South Africa (SA) has two train carriers, each one with a storage capacity of 176 units (Academicsjournal.org, 2010). The trains are used to transport imports units from Durban harbour to the VDC in Rosslyn. The vehicles are loaded onto car carrying vessels at the Durban harbour, known as RORO ships. These ships transport vehicles to several marketplaces at the opposite ends of the earth. Cars are conveyed on a bi-monthly basis to the Far East, USA and Australia, respectively (Academicsjournal.org, 2010). The transit period differs depending to the destination: Japan 23 days, USA 29 49 days, Australia 13 22 days (Academicsjournal.org, 2010). Quality Standards To ensure optimum customer satisfaction, the built quality of the vehicles produced at BMW Rosslyn Plant is measured through a process called Complete Product Audit. This audit compares the quality of a unit to the customers requirements, including technical specifications, fitment and function. These audits are performed throughout the build process at specified points. These strict audit standards are set at BMW Germany by the Central Quality department and are the same for all BMW plant (Academicsjournal.org, 2010). Using mySAP at BMW BMW uses mySAP Automotive to inspect assembly rank in real time. MySAP automotive parts use information and registers production validation every three minutes. Although, parts used during assembly are separately from the inventory count, and costs are posted to calculate the value of work in process. mySAP automotive helps to reduce order-to delivery time, reinforces supply chain activities in the areas of demand planning by tracking, tracing of material deliveries and improves inventory accuracy across BMW plant enabling significant reduction time-to customer (Academicsjournals.org, 2010). It also receives custom-configured manufacturing orders from BMWs planning system which include all the parts necessary to manufacture each car. However, BMW sends these long-horizon forecasts and short-horizon JIT delivery schedules to its suppliers. Larger suppliers receive the information via electronic data interchange (EDI) whereas other suppliers access the mySAP automotive supplier portal , where BMW posts the requirements to present up-to-date information on its delivery needs (Academicsjournals.org, 2010). By using only an Internet browser, suppliers can view this information in real time, including purchase documents, engineering documents, release schedules and invoices. When they ship parts, the suppliers send BMW advance shipping notifications (ASNs) to provide the car manufacturer with exact information on parts counts and delivery dates. Parts arriving at the BMW dock are then received and transferred directly to the line (Academicsjournals.org, 2010). BMW plant has fully integrated systems and network worldwide because BMW uses a service management system as part of a wider plan to improve supply chain lifecycles. The platform is triggered by complexities in the technology embedded in its cars and subsequent demand for systems to support servicing (Academicsjournals.org, 2010). BMW uses a portal to integrate information and systems with its suppliers which leads to faster information platform for communication however -advance technology applications is also used such as mySAP, JIT manufacturing, built-to-order which are all characteristics of lean manufacturing and innovations (Mangan et al, 2008; Academicsjournals.org, 2010). BMW Rosslyn plant logistics Logistics is part of the overall strategy of BMW as is part of the supply chain such as flows of material, information, people and equipment (BMWGroup.com, 2007). Doing logistics involves various activities such sourcing and purchasing inputs, managing inventorying, maintaining warehouses, and arranging transportation and delivery. (Mangan et al, 2010: ) Logistics play an important role in the manufacturing and the production of BMWs products which are shaped by a very highly and flexible efficient production network with mature work practice and the most advanced plants and facilities. As a worldwide player, the BMW Group is represented through its quality products of the BMW, MINI and Rolls-Royce brand in more than 140 countries. A flexible network of 23 production plants in 12 countries ensures that each customer receives the car he has ordered tailored to his specific needs and preferences (BMW Group, 2010). Efficient and flexible assembly at BMW is guaranteed by stylised logistics for an efficient production and a smooth flow of materials. Proficient logistics at BMW ensures accurate delivery of the parts required exactly on time, with a smooth and accurate flow of parts from BMW Group components or supplier (BMW Group, 2007). My SA 2nd automotive receives custom-configured manufacturing orders from BMWs planning system (Sap.com, 2010). The orders include: Mass customization BMW plants were designed to allow maximum flexibility and effective communications two factors that BMW emphasized for customization of its cars. BMW was reputed for its customization program, which allowed buyers to design their own cars from a set of available options. These orders were then transported to the factory which manufactured them according to the requests, which are then delivered to the buyers in the shortest possible time. In manufacturing world, this structure is called mass customization (IcmIndia.org, n.d), which is one of the essential enablers of agile supply chain as it combines both advantages of mass customization with those of production (IcmIndia, n.d; Mangan et al, 2008). Most analysts agree that BMW was one of the prominent implementers of mass customization in the auto industry. BMW promoted differentiation of it products which is an important attribute for luxury car by proving 1000 bumpers variation, 4000 panels choices and 488 different door panels (See Appendix 2 Interesting facts). A very high percentage of their output is already made to order (Autoexpress.co.uk, 2010). Role of supplier and IT BMW suppliers are located near the factory which is makes easy to be accessible and the time waste. The company keep the supplier constantly in the information loop and the information system for assembly. BMW had a very accurate ERP solution established by SAP. It linked the SCM very well. Once the data entered it reached automatically to production areas (Scribd.com, 2010). BMW at Rosslyn plant is typical example of how this IT practice has been organised using synchronised logistics. In the BMW example the incoming trucks are set a pager and preparing the specification by radio frequency identification (RFID) tag on arrival which is sent either straight to one of the waiting area or to the waiting bays. When the next loading bay in the delivery/pickup sequence for a given truck becomes available, the truck is paged to drive up and be unloaded / loaded (Psionteklogix.com, 2010). The RFID unit as well acts as a transponder to recognize the loading bay location of the truck in the factory during its activities, which are monitored by the system. In other instances such as at DaimlerChrysler Bremen the incoming trucks for JIT and JIS (Just-In- Second) deliveries all have GPS and radio data units and they are tracked from their starting point at the supplier to the factory (Psionteklogix.com, 2010). By monitoring the progress of the incoming trucks any dela ys are recognized in advance and the unloading plan amended accordingly. Based on the planned arrival of vehicles, the SyncroSupply system can plan the allocation of unloading bays, forklifts and other equipment essential to unload the goods and get them to their final location in the factory. In addition to supplier vehicles the system also manages internal truck movements, inter factory transfers, milk runs, return of empties (psionteklogix.com 2010, Ciltuck.org.uk, 2010). Performance improvement The automotive industry is currently witnessing rapid increases in the number of models and model variants that are available on the global market. The industry is now required to meet specific customer requirements in terms of specification and delivery date. Therefore, a fundamental change in BMW manufacturer shifted towards build-to-order, suggesting dramatic rise in flexibility and responsiveness across supply chain partners by implemented the leagile framework. Leagile is the combination of the lean and agile paradigms within a total supply chain strategy by positioning the decoupling point so as to customer end of the supply chain (downstream) while providing level scheduling supplier end of the supply chain (upstream) from the marketplace (Mangan et al, 2010). In order to achieve leagile supply chain, the upstream at BMW of the decoupling point have best suit the need for responding to an unpredictable demand designed to be lean while downstream agile (Mangan et al, 2008). Critical analysis Although the efficient supply chain processes and technology following the process needs to be faultless and as quicker as possible for survival in these uncertain times. BMW plant is quite flexible to customer demands giving the choice for them to request the type of cars they want at the appropriate price available. Cars are built-to-customers orders rather than by mass production. For example, differentiation techniques are used during painting as well as choices of the car features for comfort, hence flexible manufacturing. They do not hold inventory because the strategy is focused on built-to-order, so cars are made in sequence as the orders are placed using advanced technology such as mySAP which communicates demand planning across the supply chain (BMWGroup.com, 2004; Mangan et al 2008). Hence, BMW acquire characteristics of lean and agile supply chain (BMWGroup, 2004). Therefore the implementation of a framework for leagile supply chain at BMW is best so as to react to change s in the market (Mangan et al, 2008). Traditionally, the BMW has employed mass production strategy focusing on cost reduction (Zhang and Chen, 2006). However, due to globalisation, changes in the business environment etc, there has been a noticeable shift from the practice (Elkins, 2004; Sweicki and Gerth, 2008). BMW Rosslyn plant and the automobile industry in general have felt the results of the global economic meltdown resulting in a noticeable the actors of the supply decrease in sales and export across the globe (BMWGroup.com, 2007). To alleviate the situation, BMW has focused on strategies cost reduction with suppliers by reducing manufacturing plants. Not surprisingly, cost containment is a concern that figures prominently on the automobile agenda (Mangan et al. 2008). IBM (2009) survey indicates that there are five primary challenges facing auto makers in this economic downturn. This includes risk, customer demand, visibility, cost containment and globalisation which are raising interest rate, raw material, energ y cost and strong fluctuation. In this uncertain business climate, in addition to lean manufacturing, automobile manufacturers should be agile and responsive in addressing change which is BMW characteristics. A superior supply chain is a must to help auto manufacturers redesign and differentiate themselves (Academicsjournals.org, 2010). The application of RFID technology at BMW warehouse has enabled the reading of multiple items simultaneously is an ubiquitous technology which could reduced motivation and job satisfaction which could lead to the reduction of operational performance because employee involvement in system design is important (Mangan et al, 2008). However there is the necessity to redesign and redefine BMW supply chain strategies, operations and layouts thus as to be able to react to varying market demands. It should be accepted that BMW have both lean and agile characteristics and the full implementation of a leagile supply chain is vital for the survival of BMW in th is uncertain business times and for the years to come. Conclusions In a highly challenging and competitive environment such as today, where supply chain is a popular tool for improving the organisational competitiveness, an efficient and effective supply chain strategy is a must for BMW and their component manufacturers so as to meet changing consumer demands.

Friday, October 25, 2019

Essay on Appearance vs Reality in Everyday Use and The Gilded Six-Bits

Appearance versus Reality in Alice Walker's and Zora Neale Hurston's Everyday Use and The Gilded Six-Bits  Ã‚     Ã‚  Ã‚   In "The Gilded Six-Bits" it appears that Otis D. Slemmons, the towns newest arrival, is rich, but by closer inspection by Joe Banks and Missie May, is found to be poor.   In "Everyday Use," Maggie doesn't appear to be smart enough to honor and appreciate her heritage, but she and not Dee/Wangero is really preserving the family traditions as well as heritage.   Both "The Gilded Six-Bits" by Zora Neale Hurston and "Everyday Use" by Alice Walker have the theme of appearance and reality.    Hurston and Walker use the theme of appearance versus reality to convey the message that things aren't always as simple as the outward appearances suggest.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The theme of appearance and reality is seen in "The Gilded Six-Bits" upon our first meeting Joe Banks and Missie May.   Even out first glimpse into their lives, we don't know they are married. It seems they are only dating.   Lillie P. Howard, author of the book Zora Neale Hurston, states, "The Gilded Six-Bits is the story of a beautiful marriage beset by difficulties, of trials and successes, of appearances and reality" (151). Joe admired Slemmons.   He says, "Yeah, he's up to date.   He got de finest clothes Ah ever seen on a colored man's back" (2089). Joe also admired Slemmons coins "He's got a five-dollar gold piece for a stick pin and he got a ten-dollar gold piece on his watch chain and his mouf is jes' crammed full of gold teethes.   Sho wisht it wuz mine" (2089-90). Slemmons gave the impression to Joe and the rest of the town that he had lots of money and expensive jewelry. Joe wants the possessions that Slemmons has, and Mis sie wants him to have them too.   Ã‚  Ã‚  ... ...ity, v. XXI, no. 3, Summer, 1985.   Short Story Criticism. Ed. Thomas Votteler, v. 5.   Detroit, MI: Gale Research Co., 1990.   Baym, Nina, ed. The Norton Anthology of American Literature.   Shorter fifth edition.  New York: Norton, 1999.   Hurston, Zora Neale.   "The Gilded Six-Bits" Baym 2087-2095.   Walker, Alice.   "Everyday Use" Baym 2522-2528.   Bone, Robert.   "Three Versions of Pastoral" in his Down House: Origins of the Afro-American Short Story, Columbia University Press, 1988.   Short Story Criticism. Fowler, Carolyn. "Solid at the Core," in Freedom Ways, v 14, no. 1, first quarter, 1974.  Short Story Criticism. Ed. Thomas Votteler, v. 5.   Detroit, MI: Gale Research Co., 1990.    Howard, Lillie P.   Zora Neale Hurston.   New York: Twayne Publishers, 1980.    Winchell, Donna Haisty.   Alice Walker.   New York: Twayne Publishers, 1992.    Essay on Appearance vs Reality in Everyday Use and The Gilded Six-Bits Appearance versus Reality in Alice Walker's and Zora Neale Hurston's Everyday Use and The Gilded Six-Bits  Ã‚     Ã‚  Ã‚   In "The Gilded Six-Bits" it appears that Otis D. Slemmons, the towns newest arrival, is rich, but by closer inspection by Joe Banks and Missie May, is found to be poor.   In "Everyday Use," Maggie doesn't appear to be smart enough to honor and appreciate her heritage, but she and not Dee/Wangero is really preserving the family traditions as well as heritage.   Both "The Gilded Six-Bits" by Zora Neale Hurston and "Everyday Use" by Alice Walker have the theme of appearance and reality.    Hurston and Walker use the theme of appearance versus reality to convey the message that things aren't always as simple as the outward appearances suggest.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The theme of appearance and reality is seen in "The Gilded Six-Bits" upon our first meeting Joe Banks and Missie May.   Even out first glimpse into their lives, we don't know they are married. It seems they are only dating.   Lillie P. Howard, author of the book Zora Neale Hurston, states, "The Gilded Six-Bits is the story of a beautiful marriage beset by difficulties, of trials and successes, of appearances and reality" (151). Joe admired Slemmons.   He says, "Yeah, he's up to date.   He got de finest clothes Ah ever seen on a colored man's back" (2089). Joe also admired Slemmons coins "He's got a five-dollar gold piece for a stick pin and he got a ten-dollar gold piece on his watch chain and his mouf is jes' crammed full of gold teethes.   Sho wisht it wuz mine" (2089-90). Slemmons gave the impression to Joe and the rest of the town that he had lots of money and expensive jewelry. Joe wants the possessions that Slemmons has, and Mis sie wants him to have them too.   Ã‚  Ã‚  ... ...ity, v. XXI, no. 3, Summer, 1985.   Short Story Criticism. Ed. Thomas Votteler, v. 5.   Detroit, MI: Gale Research Co., 1990.   Baym, Nina, ed. The Norton Anthology of American Literature.   Shorter fifth edition.  New York: Norton, 1999.   Hurston, Zora Neale.   "The Gilded Six-Bits" Baym 2087-2095.   Walker, Alice.   "Everyday Use" Baym 2522-2528.   Bone, Robert.   "Three Versions of Pastoral" in his Down House: Origins of the Afro-American Short Story, Columbia University Press, 1988.   Short Story Criticism. Fowler, Carolyn. "Solid at the Core," in Freedom Ways, v 14, no. 1, first quarter, 1974.  Short Story Criticism. Ed. Thomas Votteler, v. 5.   Detroit, MI: Gale Research Co., 1990.    Howard, Lillie P.   Zora Neale Hurston.   New York: Twayne Publishers, 1980.    Winchell, Donna Haisty.   Alice Walker.   New York: Twayne Publishers, 1992.   

Thursday, October 24, 2019

My Favorite Leader †Zhou Enlai Essay

Abstract As is known to us all, Zhou Enlai, as a communist party member, the first premier and foreign minister of the People’s Republic of China (PRC), has a high reputation from home and abroad. This paper includes four parts in total. It starts with the brief introduction to Zhou Enlai and then pays more attention to the second part about his contributions. Following is the third part about evaluations from domestic and international. The last part comes to the conclusion. Key words: Zhou Enlai reputation contributions evaluations I. Introduction Zhou Enlai was born in Huai’an, Jiangsu Province on 5 March 1898, and died in Beijing on January 8, 1976. Zhou, an important member of the Chinese Communist Party (CCP) from its beginnings in 1921, was the first Premier of PRC, serving from October 1949 to January 1976. Though Zhou severed as the Chinese Foreign Minister just from 1949 to 1958, he was a master in policy implementation, with infinite capacity for details. His skills and ability of diplomat impressed people all round the globe. He was of great help in consolidating the control of the Communist Party’s rise to power, forming foreign policies, and developing the Chinese economy. II. Contributions To the liberation of the Chinese people and the foundation of a new China As I have mentioned in the first part, Zhou was born at the end of the 19th century, when China was suffering from internal and external. So, Zhou has dedicated himself to the cause of the liberation of the Chinese people since he was young. Between 1920 and 1924, he studied in France and Germany under a work-study program and spread Marxism among Chinese students and workers living there. He joined the Communist Party of China in 1922. During the period of the Great Revolution, he took an active part in the Northern Expedition and made important contributions to the overthrow of the reactionary rule of the northern warlords. He was also one of the leaders of Nanchang Uprising and one of the founders of the People’s Army after the failure of the Great Revolution in 1927. In 1935, Zhou played an important  role in supporting Mao Zedong’s propositions at Zunyi Conference which helped make the Long March of the Red Army a great success. When the Red Army arrived in Northern Shaanxi Province, Zhou, working under the Central Committee of the Communist Party of China (CPC), on behalf of the Communist Party, held talks with Chiang Kai-shek who adopted measures to firstly maintain internal security and then repel foreign invasion, facing the Japanese invasion to Shenyang, China. During the negotiations, Zhou firmly carried out Chairman Mao’s policy, skillfully compelled Chiang Kai-shek to stop the civil war and successfully led to the peaceful settlement of the Xi’an Incident, and thus promoted the formation of anti-Japanese national united front. In the Liberation War of China, he spared no pains to assist Mao Zedong in organizing and commanding the Three Great Campaigns and establishing the new China. To Diplomatic Relations After New China was founded, Premier Zhou also worked as the Foreign Minister for nine years, during which he made painstaking efforts to develop the basic diplomatic policies and form the Foreign Ministry, including formulating rules, systems and diplomatic disciplines. The Five Principles of Peaceful Coexistence proposed by Premier Zhou that † mutual respect for territorial integrity and sovereignty, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence † remains the most important norm and standard which officials of the Foreign Ministry must abide by nowadays. The Geneva Conference In April 1954, Zhou, together with the delegation of the People’s Republic of China, attended the Geneva Conference, which was to settle the ongoing Franco-Vietnamese War. His patience and shrewdness assisted the major powers involved (the Soviets, French, Americans, and North Vietnamese) to reach the agreement ending the conflict, and made it possible that the independence of the three countries—South Vietnam, Laos, and Cambodia got the international recognition. Meanwhile, on behalf of the Chinese Government, Zhou put forward the five principles of peaceful coexistence as the criterion for the relationship between countries. The Asian–African Conference In 1955, Zhou was a prominent participator in the Asian–African Conference held in Indonesia. At the conference, Zhou skillfully maintained the right to possess Taiwan, demanded the approval of the People’s Republic of China, put forward his stand for â€Å"peaceful coexistence† and against â€Å"colonialism†, advocated â€Å"seeking common ground while putting aside differences† and made it possible that, the conference produced a strong declaration in favor of peace and actively carried out the peaceful coexistence of China’s foreign policy. The Sino-American relations By the early 1970s, Sino-American relations had begun to improve. In January 1970, the Chinese invited the American ping-pong team to China, initiating an era of â€Å"ping-pong diplomacy†. In 1971, Zhou met secretly with President Nixon’s security advisor, Henry Kissinger, who had flown to China to prepare for a meeting between Richard Nixon and Mao Zedong. After these meetings, Zhou successfully let the United States agree to allow the transfer of American money to China, to allow trades between American-owned ships and China (under foreign flags), and to allow Chinese exports into the United States since the Korean War. What’s more, the United States publicly acknowledged that Taiwan was an inalienable part of the People’s Republic of China. To promote the people’s well-being During the establishment of the new Chinese government, he succeeded in getting support from people from all walks of life, which provided a solid foundation for the construction of the Chinese society and the consolidation of the new China. First foreign minister as he was, Zhou made it possible to create an international environment favorable to China’s construction and to promote world peace and human development. In 1954, he proposed the four modernization goal of constructing a modern industry, agriculture, transportation industry and national defense, which promoted the rapid development of the national science and technology. During the Cultural Revolution, he exerted himself to keep order in the critical situation, and made a great effort to save comrades being persecuted or imprisoned. In 1975, on behalf of the Party, he reintroduced his â€Å"Four Modernization†Ã‚  giving people the confidence and courage to reconstruct China having been destroyed and confused by the Cultural Revolution, III. Evaluations From domestic After his death, one million five hundred thousand people came to see his coffin, and memorials for him were held everywhere. One of the memorial reports devoted to Zhou Enlai wrote: â€Å"He looks to have left nothing for us. But†¦he have hundreds millions of children and grandchildren, and all the land of China is grave for him†. Qian Xuesen, father of the two bombs, once said, â€Å"According to what many non-party people said, they had no idea of the communist party of China until they got to know Zhou Enlai and it was because of him that they began to believe in the CCP.† The writer Bing Xin expressed her admiration that â€Å"Premier Zhou Enlai is the first perfect in the hearts of billion people of 20th century†. From international On January 8, 1976, it was the exact day of Zhou’s death, in front of United Nations Headquarters in New York, the United Nations flag down a half-mast. The UN Secretary, who named General Kurt Waldheim, said, â€Å"In order to mourn Zhou Enlai, the United Nations is to half-mast. There are two reasons for me to make this decision: Firstly, China is an ancient civilization with many countless treasures of gold and silver, but she has no penny of Premier Zhou’s deposits; Secondly, China has a population of one billion and accounts for 1/4 of world’s population, but she has no child of Premier Zhou.† The First Lady Jacqueline Kennedy once said: â€Å"In the world I only worship one man, that is, Zhou Enlai.† Sihanouk lady Monika also said: â€Å"Zhou Enlai is my only idol!† To conclude this part, these evaluations not only mirror his incomparable wit diplomatic skills, but also reflect our beloved Premier Zhou noble characteristics admired in t he world. IV. Conclusion As I have mentioned above, Zhou Enlai enjoys a high reputation in China as well as in other countries, because of his incomparable diplomatic skills and devotion to the cause. Zhou devoted himself to his cause, making unremitting efforts to spread Marxism, making contributions to the  liberation of the Chinese people and the development of China and sparing no pains to promote the Chinese people’s well-being and the peace of the world. Bibliography 1. http://zh.wikipedia.org/wiki/å‘ ¨Ã¦  ©Ã¦  ¥ 2. http://baike.baidu.com/view/1751. 3. http://www.baike.com/wiki/å‘ ¨Ã¦  ©Ã¦  ¥ 4. Gao Wenqian. Zhou Enlai: The Last Perfect Revolutionary. NY: Public Affairs, 2007. 5. Lee, Chae-jin. Zhou Enlai: The Early Years. Stanford, CA: Stanford University Press, 1994. 6. Levine, Marilyn. The Found Generation: Chinese Communists in Europe during the Twenties. Seattle, WA: University of Washington Press, 1993. 7. Wilson, Dick. Zhou Enlai: A Biography. New York: Viking, 1984 8. Tang Jiaxuan. Tang Jiaxuan Elaborates Zhou Enlai’s Diplomatic Thinking in Tianjin Nankai Middle School. ä ¸ ­Ã¥ Å½Ã¤ º ºÃ¦ °â€˜Ã¥â€¦ ±Ã¥â€™Å'å› ½Ã¥ ¤â€"ä º ¤Ã©Æ' ¨

Wednesday, October 23, 2019

Contract of Documents between Macbeth and Noddy Bank

The contract for sale which Macbeth had entered with Weetocrunch Ltd is a separate contract with that of the contract entered with the banks with regards to the documentary credits. For the purposes of this question, we are only dealing with the contract of the documents between Macbeth and the confirming bank, Noddy Bank. Noddy bank had been authorized in this case by the issuing bank, Toytown Bank to pay the beneficiary, also known as the seller, Macbeth for the goods he had shipped to Weetocrunch.It is only upon presentation by Macbeth of valid documents that complies with the terms and requirements stated in the Letter of credit that had been opened by Toytown Bank on behalf of Weetocrunch, that he can receive his payment. As it is the letter of credit acts as some form of safeguard for seller that he will receive his payment as once the bank opens the letter of credit, they are under a contractual obligation to pay the seller upon presentation of complying documents.In this case , it can be seen that the documents presented by Macbeth had been ejected twice by the bank, first on the grounds that the documents are not original and secondly where the description of the goods in the bill of lading differs. For that we refer to the body known as Uniform Customs and Practice for Documentary Credits (UCP) which governs the practice of documentary credit. It should be noted that the law construed by UCP must be incorporated into the contract by the parties for it to have legal effect.However, even if it is not incorporated, the courts are likely to view it as impliedly incorporated as it has gained igh level of acceptance among international bankers. Therefore, assuming that IJCP applies in this case, the documents involved are bound by the UCP articles. Under UCP 600, article 15, the bank that is presented with documents have to ensure that they comply with the terms of the credit and if the document complies, they have to pay and under IJCP 500 article 13(a), th e bank is to examine the documents with reasonable care to ascertain whether they appear on the face to be in compliance with the requirement of the credit.If the documents are however not in ompliance, the bank under UCP 600 article 14(b) reserves the right to reject them. It is therefore establish here that the bank do have a right to reject documents. In this case then, the two issues to be dealt with are (1) whether the bank had the right to reject the photocopied custom certificate and (2)whether the bank had the right to reject the bill of lading because of the description error.Issue 1: UCP 600, Article 17(b) states that there should at least be one original of each stipulated document be tendered to the bank and it shall be treated as original it it ore an original signature, mark, stamp or label of the issuer of the document unless the document indicates it is not original and under 17(c), a bank shall also accept a document as original if it appears so be written, typed or stamped by the document issuer's hand, or by the document issuer's original stationary or states that it is original.In this case, it is not stated whether the document had any kind of markings of whether it was indicated as original on it, it was merely stated that it was a photocopied version that was rejected. Assuming that there were no markings as uch, then It could be inferred that the rejection was Justified following the case of Glencore International AG v Bank of China where the documents were rejected because the photocopies were not marked as original.In that case, it was also stated that a signature on photocopied piece does not make it an original but merely an authenticated copy. However, following the case of Credit Industriel et Commercial v China Merchants Bank, it was held that for obvious original documents, they need not be marked and for photocopied documents where there is a stamp of the upplier's name, address and telephone no. with an ink signature, the cour t accepted it as original even though it was not stamped ‘original'.Therefore if there were such markings found on the photocopied custom certificate and the bank had rejected it, the bank may be liable for wrongly rejecting the documents. Issue 2: As mentioned earlier, the bank have to put up with strict compliance when handling documents presented by the beneficiaries. They have to ensure that the documents meets the necessary terms and conditions stated in the letter of credit and as once emarked by Viscount Sumner in Equitable Trust Co of New York v Dawson Partners Ltd, there is no room for documents which are almost the same, or which will do Just as well. In Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran, the letter of credit stipulated that all the documents presented must bear LC number and the buyer's name. When one of the document failed to have the LC no. on it, the bank rejected it and the court found that its action was Justified. Similarly, in JH Rayn er & Co Ltd, Hambro's Bank Ltd, the credit stipulated â€Å"Coromandel Groundnuts† but the eller presented a bill of lading that states â€Å"Machine-shelled groundnuts. Though it had been known for these terms to be used interchangeable, the court found that the bank had the right to reject the documents. By following this case itself, we might be able to infer that the bank was right in rejecting the documents when the bill of lading states ‘Eastern Wheat' instead of ‘Ruritanian wheat'and that fact that it is well known in the wheat trade that the wheat are identical will not matter.However, Macbeth may still have a chance if they are able to prove that the error was ne of trivial discrepancy. As stated under IJCP 600 article 30(b), the IJCP do allow certain discrepancies. However, what is meant by trivial is unclear. In Glencore International AG v Bank of China, the word branch which was used instead of brand was tound to be merely an error whereas the court w as not as generous in Beyene v Irving Trust Co. , where the bill of lading which had misspelled Mohammed Soran instead of Mohammed Sofan was rejected.It is therefore not certain whether Macbeth will be able to reply on this but chances are it appears to be very slim. b) As explained in question (a), the bank will have to put up with strict compliance when handling with the documents presented by the beneficiaries and they reserve the right to reject the documents when following their own Judgment and feels that it does not comply with the terms and conditions of the letter of credit.In this second situation, it not much about an accepting or rejecting documents matter but one which involves fraud. An amendment has been made to the bill of lading by someone to change the date of shipment from 2 February to 31 January and although it has een clearly stated that Macbeth was not responsible for this amendment, he may still be liable for fraud under misrepresentation if he carries on to seek for payment as he was aware of the alteration.In the case Standard Chartered Bank v Pakistan National Shipping Corpn, it was held that there will be fraud if the beneficiary or their agent presents documents knowing they contain untrue statements and intending they should be acted on by the person receiving the documents and it will not matter whatever their motive was. It will be a totally different issue however here the beneficiary or the agent was not aware of the untruth and had acted in good faith.In this case however it appears unlikely to be so as Macbeth had made a discovery. Therefore, if Macbeth continues to tender the shipping documents to the Noddy bank, Noddy bank will reserve the right to refuse payment if the bank is able to rely on the alteration of the dates on the bill of lading as compelling evidence of fraudulent presentation by Macbeth. What Macbeth will have to do now after rejection is to after the original company where he had bought the wheat from.