The Laws In Other Countries - Free Essay Example

Sample details Pages: 9 Words: 2847 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Tags: India Essay Did you like this example? Chapter 3 Comparative Analysis of the laws in other countries vis-a-vis India Legislation w.r.t Criminal Law including investigation and Punishment Provisions w.r.t Victim Compensation and Treatment Steps taken w.r.t sale and Regulation of corrosive acids Steps taken to ensure Implementation of the laws at the ground level Legislation w.r.t Criminal Law including Investigation and Punishment When it comes to Legislation Bangladesh has the most stringent laws w.r.t. acid violence. The maximum punishment of death[1] is inflicted on the accused if throwing the acid results in killing the person or if by throwing acid the sight or ear is damaged fully or partially or if it results in disfiguration/damage to the face/breast or sexual organs. Throwing of acid or even an attempt to throw acid is punishable up to a maximum of 7 years imprisonment.[2] Also a specific provision makes aiding and abetting the commission of an acid attack liable to the same extent as the commission of the acid attack itself. Cambodia on the other hand makes intentional killing by acid /criminal offence leading to the death of the victims unintentionally or cause the victims to commit suicide punishable up to 30 years.[3] Causing death unintentionally due to carelessness invites a punishment of up to 5 years and a fine of 2 million riel. Perpetrating intentional violence on others by using concen trated acid invites the maximum punishment of 5 years with a maximum fine of 10 million riels. Under the Pakistan Penal Code 1860 if hurt is caused by acid violence then it is punishable with imprisonment for life or imprisonment of either description which shall not be less than 14 years and a million fine of 1 million rupees.[4] Under Indian Law whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables any part or parts of the body of a person or causes grievous hurt by throwing acid on or administering acid to that person, with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punishable with imprisonment of either description which shall not be less than 10 years but which may extend to life and with fine.[5] Unlike the Bangladesh Law wherein anyone causing death is punished without the requirement to prove intention or knowledge, the Indian Law requires the prosecution to furt her prove that such burns/ disfiguration were caused with the intention/ with the knowledge of causing such burns or bodily injury. Moreover there is a time frame of 30 days for the completion of investigation. The investigating police officer must complete the investigation within 30 days following the reported attack or the Magistrateà ¢Ã¢â€š ¬Ã¢â€ž ¢s order for an investigation. Two extensions of 15 days each can be granted on application to the court. If after 60 days, the officer is unable to complete the investigation, a new officer must be assigned and action will be taken against the first officer. The new officer has 15 days to complete the investigation. In order to expedite the trial procedures the total time allowed for investigations is 90 days. The trial then has to be completed and a conviction secured within 90 days of the end of the investigation period. The court is very proactive in ensuring that the police investigate acid cases. Section 13 in the Act states that legal action will be taken against any officers who are negligent or corrupt in investigating the crime. Also the Bangladesh Act ensures that the acid attack victim gets proper medical examination immediately and receive a certificate regarding the examination. The Section also lays down that action will be taken against a negligent doctor.[6] Also in Bangladesh there are special Acid Tribunals for speedy disposal of cases w.r.t acid Violence. Acid-offences Prevention Tribunals have been set up solely to try acid cases, headed by district or session judges. These topic-specific Tribunals are to ensure that members on the Tribunals are properly sensitized to acid attack cases.[7] Don’t waste time! Our writers will create an original "The Laws In Other Countries" essay for you Create order Provisions w.r.t Victim Compensation and Treatment The Acid Control Act, 2002 of Bangladesh mandates the creation of National Acid Control Council funds and district committee funds to finance awareness-raising campaigns and provides assistance to acid survivors for treatment, rehabilitation, and legal aid. Also the fine of 1 lakh taka is to be paid to the victim of such attacks. Also Chapter 3 of the Cambodian Legislation deals with Support of the Victim(s) of Concentrate Acid Attack. Article 10 enjoins the relevant authority to immediately bring the victim(s) to the closest health centers, state-own hospital or any other state-own health institutions.[8] Article 11 makes it mandatory for the state and the hospitals to treat the victims free of charge and Art 12 talks about rehabilitative measures to be taken.[9]The Pakistan 2012 Bill establishes the Acid and Burn Crime Monitoring Board and describes its role and responsibilities. The bill also provides for government funding for the Boardà ¢Ã¢â€š ¬Ã¢â€ž ¢s functioning. A new Bil l titled Criminal Law Amendment Act 2014 is pending in the National Assembly. It is proposing introduction of a new Section 166A in the Pakistan Penal Code.[10] Section 166B further penalizes non-treatment of victims of acid violence by a Private or a Government hospital to a fine of Rs.25, 000. The Indian law unlike the law in other countries doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t formulate any National Board/Council for the overseeing of victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s treatment or rehabilitation. The National Commission of Women Bill recommended it but it was never adopted.[11] However Section 326A of the IPC does provide that the fine imposed shall be just and reasonable to meet the medical expenses of the treatment to the victim and would be paid to the victim. Also the newly Inserted Section 357B states that compensation payable by the State Government u/s 357A shall be in addition to the payment of fine to the victim u/s 326 A or Section 376D IPC. Further Section 357C[12] enjoins all hospital s, public or private, whether run by the Central Government, the State Government, local bodies or any other person to immediately provide the first-aid or medical treatment free of cost to the victims of any offence covered u/s 326A, 376, 376A-E of the IPC and shall immediately inform the police of such incident. Section 166B of the Code makes a person incharge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person liable if such hospital contravens the provision of Section 357C of Crpc punishable up to imprisonment for a maximum term of 1 year or with fine. The Supreme Court has further ensured that the amount of compensation to be paid to victims of acid violence should be atleast 3 lakhs.[13] However under the Indian laws there is no authority to monitor such compliance by the hospitals. Also there is no authority/ council to oversee that the victims receive the compensation amount in time. Even after th e Supreme Court judgment many acid attack victims still havenà ¢Ã¢â€š ¬Ã¢â€ž ¢t received the initial 1 lakh Rs. Compensation which they are supposed to get within 15 days of the attack for the essential treatment. The victims donà ¢Ã¢â€š ¬Ã¢â€ž ¢t know whom to approach for the money and are made to run from pillar to post, from one government department to the next. Steps taken w.r.t sale and Regulation of corrosive acids The Acid Control Act (ACA) of Bangladesh creates a licensing regime that regulates the sale, storage, distribution, and use of acid. The ACA creates a National Acid Control Council (NACC) which institute policies relating to the trade of acid, enact policies to prevent its misuse etc.[14] The Acid Control Act lays down setting up of District committees which are responsible for implementing the national guidelines and enacting local measures to further regulate acid. The Deputy Commissioner chairs the District committee while its members include the districtà ¢Ã¢â€š ¬Ã¢â€ž ¢s Superintendent of Police, the Civil Surgeon (head of the district health department), the director of the district department of women affairs, the director of the district social welfare services, the district public prosecutors, NGO representatives, and also acid users associations. Furthermore the Act punishes the unlicensed production, import, transport, storage, sale, and use of acid by a prison term of 3 to 10 years, and a fine of up to Tk. 50,000. It establishes the central government as the licensing authority for import licenses and the deputy commissioner as the licensing authority for transport, storage, seller, and user licenses. It also requires license holders to keep informational records relating to all acid use. Thus there is specific machinery in place and the 15 member National Acid Control Council is tasked with regulating sale of acid and preventing its misuse with the help of committees at the district level headed by the district commissioner who is empowered to take action if the need arises. The Cambodian Law on Regulating Concentrate Acid passed in November 2011 and came in to force December 2011. This law criminalizes acid violence provides regulations and controls for all forms of concentrate acid. The 2011 legislation deals with regulation of the Sale of Acid under Articles 5 à ¢Ã¢â€š ¬Ã¢â‚¬Å" 9.[15] The Act introduces a licensing regime and also make s the Production, innovation, import, export, packaging, transportation, carry, distribute, buying, selling, storing, and using of all kind of Concentrate Acid without license or permission a punishable offence. The sub decree[16] brought out in 2013 lays down the formalities and conditions for sale, purchase, storage, transportation and use of strong acid of all types so as to prevent, curb and suppress any offence caused by strong acids. Article 6 of the Sub-Decree enjoins the seller/ distributer of strong acids to have a fixed place for selling and distributing strong acids and also to persons showing the relevant documents for the purpose. But unlike in Bangladesh there is no specific machinery to check and enforce the provisions of the 2011 legislation and the Sub-decree. In Pakistan while the Acid Control and Acid Crime Prevention Act was passed unanimously by Parliament, the unlicensed sale of acid has not been regulated. Interior Minister Rehman Malik recently asked Pa rliament to issue strict orders for the regulation of acid sales and purchases in accordance with the new laws.[17] In India it is the Supreme Court that has been at the forefront regarding the control of sale and regulation of acid. In Laxmià ¢Ã¢â€š ¬Ã¢â€ž ¢s case the Supreme Court in its order dated 18th Julyà ¢Ã¢â€š ¬Ã¢â€ž ¢2013 gave directions on the sale of corrosive substances over the counter and while storage and transport of corrosive substances.[18] The central government after the order brought out à ¢Ã¢â€š ¬Ã…“The Model Poisons Possession and Sale Rules, 2013à ¢Ã¢â€š ¬Ã‚ [19] to serve as a guideline for the various State Government to follow after amending it to serve the particular Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest. After repeatedly being directed by the Supreme Court to do so, a number of state Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s complied and framed rules to regulate sale of acid and other corrosive substances in line with the Model Rules framed by the Central Gove rnment. As per the latest order of the Supreme Court dated 22nd Aprilà ¢Ã¢â€š ¬Ã¢â€ž ¢2014 States of Andhra Pradesh, Uttrakhand, Karnataka, Kerala, Puducherry, Maharashtra, Chattisgarh, Rajasthan, Assam, Arunachal Pradesh, Mizoram, Uttar Pradesh, Himachal Pradesh, Manipur, have still not complied with the order dated 3.12.2013 and the Chief Secretaries of these States were directed to ensure that compliance of the order dated 3.12.2013 is positively made and affidavit of compliance is filed in this Court on or before 15.7.2014 failing which the Court would initiate contempt proceedings against the defaulting States.[20] Many states that have complied have not framed rules as stringent as those of the Central Government Model Rules. States like Bihar have a compensation package of Rs. 25,000 for the victims of acid violence, a meager amount considering that on average an acid attack victim has to go through about 20 surgeries running into tens of lakhs of Rupees. As per Section 1 5 every license holder is mandated to maintain a register listing out each and every sale of poison.[21] Moreover these rules only create a licensing regime and contain provisions making person liable for carrying/storing acid without a licence. Section 11 of the Model Rules does empower an Executive Magistrate or a Police officer of the rank of Sub-Inspector and above or a Medical Officer appointed by the State Government to visit and inspect the premises of the license holder where a poison is kept for sale and may inspect all poisons found therein and the registers. But these provisions arenà ¢Ã¢â€š ¬Ã¢â€ž ¢t followed and sale of acid continues in the open moreso since the punishment awarded for non-compliance is ineffective does not act as a deterrent. Anyone found violating the provisions would be punishable, (i) On a first conviction, with imprisonment for a term which may, extend to three months, or with fine which may extend to five hundred rupees or with both, and (ii) On a second or subsequent conviction, with imprisonment for a term, which may extend to six months, or with fine, which may extend to one thousand, rupees, or with both. A punishment of 500 Rs. or 1000 Rs. makes these rules a à ¢Ã¢â€š ¬Ã…“toothless instrumentà ¢Ã¢â€š ¬Ã‚ . Steps taken to ensure Implementation of the laws at the ground level In Bangladesh the Acid Control Act (ACA) creates specific machinery for the enforcement of the grievances of the victims or the regulation of acids or the dispensation of criminal justice. The ACA creates a National Acid Control Council (NACC) which institute policies relating to the trade of acid, enact policies to prevent its misuse etc.[22] The Acid Control Act lays down setting up of District committees which are responsible for implementing the national guidelines and enacting local measures to further regulate acid. The Deputy Commissioner chairs the District committee while its members include the districtà ¢Ã¢â€š ¬Ã¢â€ž ¢s Superintendent of Police, the Civil Surgeon (head of the district health department), the director of the district department of women affairs, the director of the district social welfare services, the district public prosecutors, NGO representatives, and also acid users associations. National Acid Control Council funds and district committee funds to fi nance awareness-raising campaigns and provides assistance to acid survivors for treatment, rehabilitation, and legal aid. Also Acid-offences Prevention Tribunals have been set up[23] solely to try acid cases and there is a strict timeframe in place for the investigation and trial of acid violence cases. This couple with stringent punishement helps in the implementation process and therefore there is a 20 % drop each year in cases of acid attack from their peak in 2002. Pakistan in its 2014 Bill (tabled on 8th Aprilà ¢Ã¢â€š ¬Ã¢â€ž ¢2014) has recommended the establishment of the Acid and Burn Crime Monitoring Board describing its role and responsibilities. The bill also provides for government funding for the Boardà ¢Ã¢â€š ¬Ã¢â€ž ¢s functioning.[24] In India inspite of so many laws and the efforts of the Supreme Court, acid continues to be sold easily. Checking for Id cards and maintaining registers is not followed. Also the supreme court direction on Rs. 3Lakh compensation is not followed and even donà ¢Ã¢â€š ¬Ã¢â€ž ¢t know where to go and collect the funds. They are made to run from the health Ministry department to the Hiome ministry to the National Commision for Women. There is also no clarity regarding payment of treatment to the hospitals. Under the new provision in the Indian Penal Code, all hospitals are enjoined to provide free treatment to victims of acid violence, but many victims have been made to return by hospitals as there is no clarity to them whether they would be paid. They ask the victim for proofs of the acid attack and send the victim back on technical grounds. India needs a national and a district level authority like the National Council, which can serve as an intermediary between the victim and the state. Both the national Commission for Women and the Law Commission have recommended for Compensation/Monitoring Boards[25] at the Centre, State and District levels in the country which if implemented would help in the implementati on of the laws prevalent in the country. [1] Supra n.64. [2] Supra n.66. [3] Supra n.103. [4] Supra n.121. [5] See Section 326B of the Indian Penal Code. [6] For details see Chapter 2.1.2- Legislative Provisions in Bangladesh. [7]Ibid. [8] Supra n.99. [9] Supra n.100 and 101. [10] Supra n.123. [11] Supra n.139. [12] For details see Chapter 2.4.2- Legislative Provisions in India. [13] Ibid. [14] See Supra n. 71, 72, 73 and 74. [15] Supra n.97. [16] Cambodian Acid Survivors Charity (CASC), No.48 S.E. Sub Decree on the Formalities and Conditions for Strong Acid Control, the Royal Government of Cambodia, 19th Febà ¢Ã¢â€š ¬Ã¢â€ž ¢2013. [17] Supra n.115 at 37. See also Gishkori, Zahid. à ¢Ã¢â€š ¬Ã…“Lawmakers agree on stringent laws on Acid Crimes,à ¢Ã¢â€š ¬Ã‚  The Express Tribune, March 27, 2012, available at: https://tribune.com.pk/story/356019/lawmakers-agree-on-stringent-lawson-acid-crimes-but-leave-out-perptrator/(Visited on 20th Jan 2014). [18] See Supra n.14. [19] The Model Poisons Possession and Sale Rules, 2013 Notified by the Central Government to act as guidelines to the State Govt. to enact their own respective Model Rules to regulate the sale and distributi on of acids. [20] For Details see Infra n. 224. [21] See Sections 11 and 15 of The Model Poisons Possession and Sale Rules, 2013. [22] For details see Chapter 2.1.2- Legislative Provisions in Bangladesh. [23] Ibid. [24] For details see Acid and Burn Crime Bill available at: https://www.na.gov.pk/uploads/documents /1396955238_474.pdf(Visited on April 23, 2014). [25] For more details See Chapter 2.4.3 Draft Bills and Reports.

Biography of Constantin Brancusi, Romanian Sculptor

Constantin Brancusi (1876-1957) was a Romanian sculptor who became a French citizen shortly before his death. He was one of the most important and influential sculptors of the 20th century. His use of abstract forms to represent natural concepts led the way toward minimalist art in the 1960s and beyond. Many observers consider his Bird in Space pieces to be among the best abstract representations of flight ever created. Fast Facts: Constantin Brancusi Known For: SculptorStyles: Cubism, minimalismBorn: February 19, 1876 in Hobita, RomaniaDied: March 16, 1957 in Paris, FranceEducation: Ecole des Beaux Arts, Paris, FranceSelected Works: The Kiss (1908), Sleeping Muse (1910), Bird in Space (1919), Endless Column (1938)Notable Quote: Architecture is inhabited sculpture. Early Life and Education Born into a farming family in the foothills of Romanias Carpathian Mountains, Brancusi began working at age seven. He herded sheep while showing early skills at carving wood. Young Constantin was a frequent runaway, attempting to escape abusive treatment by his father and brothers from an earlier marriage. Brancusi finally left his home village at age 11. He worked for a grocer, and two years later he moved to the Romanian city of Craiova. There, he held a range of jobs, including waiting tables and building cabinets. The income allowed him to enroll in the School of Arts and Crafts, where Brancusi became a skilled woodworker. One of his ambitious projects was the carving of a violin out of an orange crate. While studying sculpture at the National School of Fine Arts in Romanias capital, Bucharest, Constantin Brancusi won competitive awards for his sculptures. One of his earliest works still in existence is a statue of a man with skin removed to expose the muscles underneath. It was one of his first attempts to show the internal essence of something instead of merely the outside surfaces. After first moving to Munich, Germany, Brancusi decided to further his art career in 1904 by moving to Paris. According to legends surrounding the artist, he walked most of the way from Munich to Paris. Reportedly, he sold his watch to pay for the boat crossing across Lake Constance where Germany, Switzerland, and Austria meet. Brancusi enrolled in the Paris Ecole des Beaux-Arts from 1905 through 1907. It served as a ticket into the circles of some of the eras most famous artists. Constantin Brancusi in 1905. Wikimedia Commons / Public Domain Rodin Influence Constantin Brancusi began working as a studio assistant to Auguste Rodin in 1907. The elder artist was by then recognized as one of the greatest sculptors of all time. Brancusi only lasted for a month as an assistant. He admired Rodin, but he claimed, Nothing grows under the shadow of big trees. Although he worked to distance himself from Rodin, much of Brancusis earliest Parisian work shows the impact of his short tenure in the famed sculptors studio. His 1907 sculpture, titled A Boy, is a powerful rendering of a child, emotional and realistic in form. Brancusi had already began smoothing out the edges of the sculpture, taking him away from Rodins trademark rough, textured style. A Boy (1907). Nina Leen / Getty Images One of Brancusis first important commissions was a funeral monument for a wealthy Romanian landowner in 1907. The piece, titled The Prayer is a young girl kneeling. It is perhaps one of the best examples of a bridge between Rodins emotionally powerful gestures in carving and Brancusis later simplified forms. Echoes of Primitive Art Brancusis first version of The Kiss, completed in 1908, is notable for a significant break from the work of Auguste Rodin. The two figures embracing each other are highly simplified, and they fit into a suggested cube-like space. Although it would not become the main thrust of his work, many observers see Brancusis The Kiss as an early form of cubism. As with other works, the artist created many more versions of The Kiss throughout his career. Each version simplified the lines and surfaces more and more to move closer and closer to abstraction. The Kiss (1916). Francis Miller / Getty Images The Kiss also echoes the materials and composition of ancient Assyrian and Egyptian art. The piece is perhaps the best representation of Brancusis fascination with primitive sculpture, which followed him throughout his career. Late in his active career, Brancusi explored Romanian mythology and folklore with wood carvings. His 1914 work The Sorceress is carved from a tree trunk at the point where three branches met. He drew inspiration for the subject matter from a tale about a flying witch. Clean, Abstract Shapes in Sculptures Brancusis most celebrated and influential sculptural style appeared in his first version of the Sleeping Muse, created in 1910. It is an oval-shaped disembodied head cast in bronze with the details of the face modified into polished, smooth curves. He returned to the subject many times, creating works in plaster and bronze. The 1924 sculpture titled The Beginning of the World represents a logical conclusion to this line of exploration. Its an entirely smooth oval shape without any details to disturb the surface. Impressed by the beauty and peaceful appearance of Sleeping Muse, patrons requested commissioned heads, busts, and portraits by Brancusi throughout his career. Baroness Renee-Irana Frachon was the subject of the first version of Sleeping Muse. Other notable abstract sculptures of heads include 1911s Head of Prometheus. Birds became an obsession in Constant Brancusis mature style of work. His 1912 work Maiastra, named after a bird from Romanian legends, is a marble sculpture with the birds head raised as it flies. Twenty-eight other versions of Maiastra followed over the next 20 years. Perhaps Brancusis most celebrated sculptures are from his series of polished-bronze pieces titled Bird in Space, which first appeared in 1919. The form is distilled so precisely that many observers believed Brancusi accurately caught the spirit of flight in a still form. Another concept that Brancusi frequently explored was the stacking of rhomboid pieces, one on top of another to create a tall column. His first experiment with the design appeared in 1918. The most mature example of this idea is the Endless Column completed and installed outdoors in the Romanian city of Targu Jiu in 1938. Standing nearly 30 meters tall, the sculpture is a memorial to Romanian soldiers who fought in World War I. The height of the column stretching into the sky represents the infinite connection between heaven and earth. Endless Column (1918). Ion Gheban / Wikimedia Commons / Creative Commons 3.0 Although Brancusis most important work points in the direction of complete abstraction, he considered himself a realist. He was continually searching for the inner reality of his subjects. He believed that every object had a fundamental nature that could be represented in art. Peak Career Success Constantin Brancusis work first appeared on display in the United States at the landmark 1913 Armory Show in New York. Dada artist Marcel Duchamp drew some of the most strident criticism from art critics. He became a significant collector of Brancusis work and helped introduce him to many more fellow artists. Photographer Alfred Stieglitz, later husband of Georgia OKeefe, hosted Brancusis first solo show in New York. It was a success and positioned Brancusi as one of the most acclaimed rising sculptors in the world. George Rinhart / Getty Images Among Brancusis expanding circle of friends and confidants were the artists Amadeo Modigliani, Pablo Picasso, and Henri Rousseau. Although he was a vital member of the Parisian avant-garde, Brancusi always maintained strong connections with Romanian artists both in Paris and in Romania. He was known for frequently dressing in the costume common to Romanian peasants, and his studio echoed the design of peasant homes from the area where Brancusi grew up. Constantin Brancusi was unable to avoid controversy as his star rose. In 1920, Princess X, his entry into a Parisian Salon show, caused a scandal. While abstract, the sculpture is phallic in form. When public outrage caused it to be removed from display, the artist expressed shock and dismay. Brancusi explained that it was merely designed to represent the essence of womanhood. He later explained that the sculpture was his depiction of Princess Marie Bonaparte looking down with the founded base representing her beautiful bust. A version of Bird in Space caused controversy in 1926. Photographer Edward Steichen purchased the sculpture and had it shipped from Paris to the United States. Customs officers did not allow the usual duty exemption for works of art. They insisted that the abstract sculpture was an industrial piece. Brancusi ultimately won the ensuing legal proceedings and helped set an important standard that sculpture did not have to be representational to be accepted as a legitimate work of art. Later Life and Work By the 1930s, Brancusis fame extended around the world. In 1933, he earned a commission from the Indian Maharajah of Indore to build a meditation temple. Unfortunately, when Brancusi finally traveled to India in 1937 to begin construction, the Maharajah was away on travels. He ultimately died before the artist could construct the temple. Brancusi visited the United States for the last time in 1939. He participated in an Art In Our Time exhibition at the Museum of Modern Art in New York. The sculpture Flying Turtle was his last major completed work. La Negresse Blonde II (1933). Sissssou / Wikimedia Commons / Creative Commons 4.0 The first major retrospective of Brancusis work took place at the Guggenheim Museum in New York in 1955. It was a significant success. Constantin Brancusi died on March 16, 1957, at age 81. He bequeathed his studio, with carefully placed and documented sculptures, to the Museum of Modern Art in Paris. It can be visited in a reconstructed version in a building outside the Pompidou Center in Paris. Brancusis caretakers in his later years were a Romanian refugee couple. He became a French citizen in 1952, and that allowed him to make the caretakers his heirs. Legacy Constantin Brancusi was one of the most important sculptors of the 20th century. His use of abstract forms derived from natural concepts influenced a wide range of future artists such as Henry Moore. Works like Bird in Space were landmarks in the development of minimalist art. Head of Prometheus (1911). Nina Leen / Getty Images Brancusi always maintained a secure connection to his humble beginnings in life. He was a skilled handyman, and he made most of his furniture, utensils, and home carpentry. Late in life, many visitors to his home commented on the spiritually comforting nature of his simple surroundings. Sources Pearson, James. Constantin Brancusi: Sculpting the Essence of Things. Crescent Moon, 2018.Shanes, Eric. Constantin Brancusi. Abbeville Press, 1989.

The Presidential Election Made History - 1252 Words

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Strategic Management Ideas of Qantas Airways

Question: Discuss about the Strategic Management Ideas of Qantas Airways. Answer: Introduction The study investigates the strategic management ideas of Qantas Airways, the largest airline company in Australia to determine how the strategic moves of the management have led the growth foundation of the airline company. Throughout the study the application several theoretical concepts has been addressed to find out the impact of the same of the management practices of the corporation in the target market (O'Sullivan, 2014). Interestingly, the company is one of the oldest airline corporations of the world set up in 1920. In the recent past, tough market competition from other domestic as well as international airlines companies has created substantial issues for Qantas Airways. Primarily, Air New Zealand, Singapore Airlines, and Virgin Airways can be identified as the leading market rivals affection the business structure of Qantas Airways. In the study, suitable theoretical concepts have been drawn into conclusion to identify the industry attractiveness, companys resource-based views based on Barneys concept, and competitive advantage of Qantas. Application of Theoretical Concepts Industry Attractiveness In order to identify the concept of industry attractiveness in the Australian Airlines industry, first of all, the competitive structure and potential market for the business participants must be determined. Currently, the growth outlook of international as well as domestic airlines is increasing in rapid order. Due to increasing number of customers, a number of airlines companies are participating in the market (Dawid, Reimann, 2015). Therefore, the strategic industry analysis based on Porters five forces of competition has been included in the study to identify the market positioning of Qantas Airways. Apparently, Porters Five Forces describes the economic environment and industrys framework based on components such as purchasers bargaining power, suppliers bargaining power, threats of latest market entries, and substitute services. Precisely, each of the determinants has convincingly identified the level of competition and market orientation of a company (Rotha?rmel, 2017). Based on Porters Five Forces, the industry attractiveness for Qantas has been briefed in the underlying section. The analysis of the industry based on Porters Five Forces has represented fierce market competition for the Australian Airlines company, Qantas. Due to the substantial number of airlines services, the buyers bargaining power is comprehensively high creating significant rivalry and price war. Following that, the suppliers bargaining power is relatively controlled, to say the least. In the recent time, Qantas has managed to merge with a number of suppliers that impact the services of the airlines (Korporaal, 2016). As a result of the same, the position of the airline company is strong in the industry. Alternatively, due to increasing infrastructure and technological development, threats of current participants are high. On a comprehensive note, new substitutes do not make a massive impact in the airline industry (Ethiraj, Gambardella, Helfat, 2016). By considering Porters Five Forces, the industry attractiveness can be easily pointed out. Moreover, the challenging market has created a number of management problems for Qantas as well. Resource Based View On the basis of Resource Based View (RBV) Theory of Jay Barney, the resources, capabilities, and core competencies of Qantass business structure have been described as follows. Resources Identifying the available resources has been the crucial factor leading to the successful business environment. According to Barneys Resource Based View (RBV) Theory, an organisation must constitute a human resource pool that cannot be substituted or imitated by the competitors (Ray, Barney, Muhanna, 2013). Thus, utilisation of human resources can lead to competitive advantage on a long-term basis. Based on this concept, Qantas Airways has created a well-trained and knowledgeable workforce to deliver quality services towards the customers. In this way, resources can be turned into capabilities of the organisation. Capabilities Decisively, employees of an organisation can be identified as the leading sources of organisational capabilities. Qantas Airways has influenced the customers through the brand identity. Clearly, the brand name of Qantas Group has supported the business environment. Moreover, the services quality, facilities given to the target demographics, and employee attributes have worked in favour of the firm to stay ahead of the rivals. Additionally, the corporate social responsibility towards the community has also listed as the capability leading to success. Core Competencies By understanding the resources and capabilities, Qantas has featured two core competencies i.e. loyalty of the target demographics and satisfaction of the clients in the business dimension. Through value creation, the company has utilised the capabilities to meet the satisfaction level of the domestic as well as international passengers. By following the RBV theory, Qantas Management has created a unique employee portfolio in the services sector that cannot be matched by the competitors. Such quality of services has impressed the target demographics to prefer Qantas achieving loyalty of customers. Competitive Advantage The concept of competitive advantage presents the factors that help a firm to stay ahead of its rivals. The competitive advantage theory has been developed Michael Porter that explains that factors leading to comparative advantage of a nation over any other nation. The same theory has been used by modern management professionals to evaluate the factors leading to the competitive advantage of an organisation (Oxenbridge, Wallace, White, Tiernan, Lansbury, 2010). It is important to note that an individual firm competes in the international market and a collection of firm forms an industry. Hence, the collective performance of the industry is used to judge the competitive edge of an economy. According to Porter, there are four major determinants of competitiveness that are used to plan the strategy of a firm or economy as a whole (LaPlaca, 2008). The factors influencing the competitive advantage of Qantas in the international market has been discussed herein below: Demand Conditions: Qantas is the number one airline company in Australia with its operations spread all across the globe. The developing economy of Australia has resulted in the growing demand for airline businesses that has further leaded to the competitive advantage of the business (Qi, Zhao, Sheu, 2011). But, the recent boom in the Australian inflation rate has resulted in the rise of aggregate price of different products and services resulting in the fall of demand for the airline businesses. Factor Conditions: Qantas employs the best talent in the market leading to an effective workforce and knowledge resource that acts as a competitive advantage for the organisation. On the other hand, the company has the best physical resources to support the changing needs of the consumers (Godet, 2009). Additionally, the financial position and modern infrastructure of the organisation has also supported the firm to seek competitive advantage in the international market. Supporting and Related Industry: The chaining price of oil and raw materials directly impacts the profitability of the firm. Recently, Qantas has signed several contracts with the suppliers to stabilise its procurement processes and improve the quality of its services. On the other hand, the changing policy of the government related to carbon emission and environmental conservation has become a primary challenge for the organisation. Firms Structure, Strategy and Rivalry: Qantas has a horizontal organisational structure that makes the decision making process faster and effective (McGee, 2014). On the other hand, the flexible business strategy of the firm supports the changing needs of the market. Furthermore, the growing rivalry of the business has emerged to be a current challenge for the firm. Recommendation Qantas has been quite successful in meeting the growing competition and changing factors in the international market. But, there is a need of certain changes in the strategy of the firm to enhance its growth in the long run. Therefore, the following recommendations are suggested to the management of Qantas on the basis of the above analysis: Focus on Corporate Social Responsibility: Qantas needs to focus on corporate social responsibility policy to seek a competitive advantage in the market. For example, the management must focus on reducing the pollution occurred due to the operations of the firm (Maritan, 2011). The improved CSR policy will help the firm stay safe from legal obligations and financial losses in the future. Improve Pricing Policy: The management of Qantas needs to make changes in the pricing policy in order to meet the changing demand of the market. The competitive pricing policy will be helpful to seek competitive edge. On the other hand, the company can make use of premium pricing policy for its business class services. Market Expansion: Market expansion can be another strategic change that can be implemented by the management of Qantas to seek competitive advantage in the international market (Maritan, 2011). For example, the company can introduce new routes and flights in the emerging markets to expand its business territory. Service Diversification: Service diversification is required to meet the growing competition in the market. For example, Qantas has introduced new catering service to meet the growing needs of the consumers. On the other hand, the company can consider home pickup services for the premium clients to enhance its market positioning. Conclusion The current strategic management practices of Qantas have been quite effective in meeting the changing needs of the markets. But, the company needs to consider several changes in its operation strategies in order to meet the growing competition and changing external market factors. There is a need of service diversification, better pricing policy, market expansion strategy, and improved CSR policy to enhance the grow rate in the international market. Conclusively, the firm requires a flexible strategic management policy in order to survive and seek growth in the competitive business environment References Dawid, H., Reimann, M. (2015). Evaluating Market Attractiveness: Individual Incentives Versus Industry Profitability.Computational Economics,24(4), 321-355. Ethiraj, S., Gambardella, A., Helfat, C. (2016). Replication in strategic management.Strategic Management Journal,37(11), 2191-2192. Godet, M. (2009). Effective strategic management the prospective approach.Technology Analysis Strategic Management,1(1), 45-56. Korporaal, G. (2016).Women fly Qantas higher.Theaustralian.com.au. 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