Viking Weather and Melt Zone Free Essay Example, 750 words

ï » ¿GREENLAND-GLACIERS-MELTDOWN A review of the articles written by Tom Folgers â€Å"Viking Weather†( pages 52 to 67) [and the â€Å"Melt Zone† by Mark Jenkins, ,(pages 40 to 43,), both June 2010 issue and The Big Melt by Brook Larmer, (pages 66 to 79) April 2010 issue, ] in the National Geographic Magazine. { Customer Please Check words wanted} [also on the National Geographic site ] The Summary The ice blanket covering Greenland is melting fast as the land strangely warms twice as fast as most of the world. Holding nearly seven percent of the world’s fresh water its frozen water cover is shrinking by about 50 cubic miles each year in a vicious cycle of ice melting and global warming. Atmospheric pollution which increases the soot content of ‘Cryoconite’ the mineral dust sediment, getting deposited on the ice sheet like a black curtain by world air circulation is increasing the solar heat absorption. As a consequence of this increased melting the sea level is projected to increase by 24 feet which will inundate coastlines around the world and endanger the water reservoirs of the world and leading to prospect of â€Å"water wars† especially in Asia e. g.We will write a custom essay sample on Viking Weather and Melt Zone or any topic specifically for you Only $17.96 $11.86/pageorder now between China and India etc. Though this would mean a global catastrophe as entire coastal nations are submerged, the ice veil lifts to reveal a host of treasures in the form of oil [worth more than four trillion dollars? ], rare earth metals, and more of the greener pastures for the Greenlanders whose government revenues are supported to the extent of 60% or $ 620 million by their Danish colonizers. Greenland’s population, which depends heavily on fishing, descendants mostly of the Inuit from Canada and the Danish, living, according to the CIA fact book â€Å"on a narrow icecap covering all but a narrow, mountainous, barren, rocky coast† [CIA Fact book]. The land was first settled by the Vikings under the famous Erik the Red who, after four centuries were inexplicably wiped out, a scenario that can very well rise again in the future for the present settlers of the land also unless given serious attention. Research Methodology The auth ors had direct interviews with the people as well as the investigating scientists and even travelling with them on their hazardous missions to inspect their data collection methods. This has resulted also in several graphic photos of spectacular beauty, available for public view in the connected Photo Gallery. [Photo Gallery] Critical Evaluation of the Source’s Usefulness: This article is a primer intended for the average reader initiating him in to the mysteries of climate change. The reaction of the local people to these earth shaking events and the effect on their daily life is dealt with very colorfully. The photo of ‘a pothole burned into the ice by Cryoconite, buried air and gas from bacteria and algae bubbled to the surface, where a midnight freeze trapped them’ makes fine eye candy at the same time, graphically illustrating the effect of Cryoconite on the ice. Most of the other photos do the same. The article is high in ‘local color’ but the presentation of the scientific aspects could have been improved. However it highlights how the everyday life of a people can be changed by a phenomenon till now considered a scientific curiosity. The researchers could have used the extensive data and far more explicit maps clearly describing the situation from agencies such a s The Snow and Ice Data Center, NASA etc easily available from the web. A more thorough academic understanding of the problem is available through internet sources, but this deficiency is to be expected in an article intended for general reading. Tone: The writer calls attention to the anomalous ground realities of the exotic and quaint place very dramatically in the first paragraph itself by presenting the improbable mix of plants, attracting the attention. The article highlights the effect of the changing weather in the life of the people and its high disturbance potential especially in the local environment calling world attention to take climate change issues very seriously using the magazine’s wide world wide circulation. Limitations and Strengths of the Article/Evidence. An article intended for general reading may not be naturally expected to be scientifically proficient enough to provide a comprehensive understanding of a professional discipline and therein lies its main defects. Some more scientific inputs, like from the NASA, The National Snow and Ice Data Center etc could have been added training the public to think more logically. For example, consider the fine point of distinction about the Greenland ice cap melt. Only the ice cap melts over landmasses like Greenland and Antarctica can contribute significantly to sea level rise [The Seattle Times]. Another exceptional point, also the fantastic rate of reduction of the Arctic ice cap by nearly half in the past ten years is not mentioned. [The Seattle Times ]. The counter arguments of the theories are also not presented. The scientific aspect could have been given more emphasis to provide a better academic understanding. Works Cited CIA fact book Greenland. CIA-The World Fact Book. The CIA. Web. n.d. 13 Nov 2010. URL: https: //www. cia. gov/library/publications/the-world-factbook/geos/gl. html National Geographic site Changing Greenland. Viking Weather. The National Geographic Magazine. /2010/06.Web. 13 Nov 2010 URL: ngm. nationalgeographic. com/2010/06/Viking-weather/folger-text, URL: ngm. nationalgeographic. com/. ../melt- zone/greenland-animation - Photo Gallery Changing Greenland - Melt Zone Photo Gallery - National Geographic. com. 06/2010.Web. 13 Nov2010 URL: ngm. nationalgeographic. com/2010/06/melt-zone/balog-photography The Seattle Times Arctic ice caps to melt faster than feared, scientists say. The Seattle Times. The Seattle Times Company. 7/9/2007 . Web. 13 Nov2010 URL: http: //seattletimes. nwsource. com/html/localnews/2003873003_arcticice07m. html

Slavery And The African Holocaust Essay - 2975 Words

Slavery a practise that took absolute freedom away from African people for over 500 sometimes it is even referred to as the ‘African Holocaust’ because the estimated lives lost because of the slave trade is thought to be up to 100 million. And in 1691 this hideous practise was introduced to America and continued for another 250 years and it was only in the 18th century that America began to question the morality of slavery. This lead to a divide in the American people you were either pro or anti slavery. Due to geography Southern states benefited much more from slavery than Northern states did because they had the environment the could sustain plantations and their population was lower and less condensed. Northern states however due of the advent of industrialism did not need or benefit economically from slavery and because of higher importance placed on education and immigration there was a growing diversity of cultures and people so they were more aware of the moral is sues involved with a practise like slavery. Another factor that contributed to the growing resentment of slavery in the North was a paradoxical one, because the South benefited so much economically for slavery where little to no labour skills were needed it began to affect the American economy as a whole as it limited the growth of the US economy. Work ethic was undermined and slavery itself only was only beneficial to the US in the short term and in hindsight it is easy to see that it actually stunted the USShow MoreRelatedComparing American Slavery and the Holocaust994 Words   |  4 Pages The purpose of this essay is to compare and contrast the American Slavery and the Holocaust, in terms of which one was more malevolent than the other. Research indicates that â€Å"the â€Å"competition† between African-American and Jews has served to trivialize the malevolence which both has suffered† (Newton, 1999). According to L. Thomas â€Å"A separate issue that contributes to the tension between blacks and Jews refer to to the role that Jews played in the American Slave trade.† History Around 1600Read MoreThe Slavery Of The Holocaust1391 Words   |  6 Pageswho have received reparations for past wrongdoings. There have been a few isolated incidents, such as the Rosewood event, where African Americans were harmed and received reparations; however, reparations have also been given on a much larger scale. Ta-Nehisi Coates is a national correspondent at The Atlantic, and he has written books along with countless articles on African Americans and equally. Coates is one of the most important names in the debate for reparations; his article â€Å"The Case for Reparations†Read MoreHuman Cruelty1239 Words   |  5 Pageshigher powers, or bigger groups thought they could take over others and torture them. Humans tend to have hatred towards others because of their selfishness. They think they are better than others and can control them. The trail of tears, African Slavery, and the Holocaust all show human cruelty weather it is to the Indians, slaves, or Jewish peopl e by forcing them to do and go wherever the powerful forces made them. In the trail of tears, innocent Cherokee Indians were forced off their land. BetweenRead MoreThe Slavery Of African Americans1207 Words   |  5 PagesThere is no denying that the period of time where slavery was legal in America was a dark time that all wish was expunged from the nation’s history. Ever since the end of WWII came around and Japanese and victims of the Holocaust started to receive reparations for the ordeals then endeavored. This launched a proposal that the descendants of the enslaved people in the United States would be given some type of compensation. The form of compensation varies from individual monetary payments to land-basedRead MoreReparations For Slavery : Slavery1218 Words   |  5 Pages Reparations for Slavery? Harriet Tubman once said, â€Å"Now I ve been free, I know what a dreadful condition slavery is. I have seen hundreds of escaped slaves, but I never saw one who was willing to go back and be a slave.† What is a reparation? A reparation is the making of amends for a wrong one has done, by paying money to or otherwise helping those who have been wronged. The biggest question of time is should African Americans receive payments for slavery? Many people would say yes withRead More The Immortal Life of Henrietta Lacks by Rebecca Skloot Essay1510 Words   |  7 Pagesof Clover, Virginia to East Baltimore, where her children and grandchildren live and struggle with the legacy of her cells, Skloot remarkably shows the story of the Lacks family is inextricably connected to the dark history of experimentation on African Americans along with the issue of bioethics, and legal battles over whether we control the stuff we are made of. The most intriguing aspect of this story is how is it that HeLa cells were used to develop the polio vaccine, uncover secrets of cancerRead MoreThe Teacher Will Ask The Students981 Words   |  4 PagesBlack History Month has to do with remembering the movement from slavery to have an African-American president; it is about civil rights. The teacher will then ask â€Å"When we think of World War II, what’s the first thing that comes to mind?† The intended answer is the Holocaust (the teacher will guide answers, if necessary). The teacher will ask what the Holocaust was, who it affected, etc. The teacher will then point out that the Holocaust had some underlying themes that were similar to the culture ofRead MoreTo What Extent Can Reparations Affect The Quality Of Life For African Americans? Essay1645 Words   |  7 PagesTo what extent can reparations affect the quality of life for African Americans? In the present paper a clear link will be made between segregation and slavery and an increased poverty rate in African Americans now, as well as an analysis of previous historical instances of reparations and how other instances of reparations from slavery set a precedent for reparations for African Americans. There will also be mention of past historical precedent and how, when reparations were given prior, theyRead MoreSlavery And Its Effects On Society Essay1743 Words   |  7 Pages Humans Since the year 1619, slavery has been around, and there are thousands of victims that have been a part of this segregation. African Americans suffered and were mistreated throughout years, due to the existence of segregation of color. Individuals were treated like toys, objects, tortured, and killed for the fact of that their color of their skin is different. As stated before, dehumanization has existed since 1619, when the dutch traders captured the African Americans, where they sufferedRead MoreI First Visited The Virtual Holocaust Museum Website And Researched The Bodies Of The Holocaust871 Words   |  4 PagesWhen I first visited the virtual Holocaust Museum website and researched the bodies of the site it represented discrimination and bigotry. The action taken upon the innocent the dominant leader Adolf Hitler and the members of his group carried out Jews. The website classified the term Genocide to commit violent crimes against groups with the intent to destroy the existence of the group. The central issue raised by the site is informing people the awareness of Genocide. When I was looking into the

Drinking Age Free Essays

Kaitlyn Turner Fall 2010 CA 110 Mr. Foutz Introduction Attention-Getter: How many of you are 18? For those of you who are, 18 years old you are considered adults in nearly all aspects of the law, including voting rights and the ability to join the military, yet the United States still treats you as minors when it comes to drinking. Establishment of Credibility: According to Substance Abuse and Mental Health Services 7,000 teenagers under the age of 16 have already had their first sip of alcohol. We will write a custom essay sample on Drinking Age or any similar topic only for you Order Now Teen alcohol) According to the Century Council 10 million teens from the ages 12-20 admit to consuming alcohol in the past 30 days. 2% of 12 year olds drink, 22% of 16 years olds drink, and 56% of 20 year olds drink, and these percentages are steadily increasing. (Underage drinking statistics) Thesis/ Purpose: During my speech today, I will talk about how alcohol is ever-present in today’s American society. I will also talk about how alcohol is present all around people under 21 who are not allowed to consume it, but in reality most people under 21 drink alcohol and abuse alcohol. Throughout this speech I will try to persuade you to believe that the United States should lower their drinking age to 18, and begin educating teens on consuming alcohol responsibly. Preview of Main Points: First, I will discuss the current legal drinking age in the United States and other countries. Then, I will discuss the effects that the current legal drinking age has on America. Finally, I will talk about the potential benefits of a lower drinking age. ,, Body Main Idea 1: (Transition) Now, I am going to tell you about the current legal drinking age in the United States and other countries. A. United States 1. According to Alcohol Problems and Solutions legal drinking age in the United States is 21. i. Alcohol Problems and Solutions states, â€Å"The minimum drinking age of 21 in the U. S. appears to be not only ineffective but actually counter-productive. Although it was passed with the best of intentions, it has had some of the worst of outcomes. † 2. Legal drinking ages in the United States are under control of the states, which means the states get to decide how old they want their residents to be before being able to consume alcohol. . National Minimum Drinking Age Act of 1984 ii. According to the Alcohol Policy Information System the National Minimum Drinking Age Act of 1984 required that states prohibit persons under the age of 21 from purchasing or publicly possessing alcohol beverages as a condition of receiving State highway funds. B. In Other Countries a. According to Alcohol Problems and Solutions countries legal drinking ages vary from zero-21. i. So me countries with no drinking age Jamaica, Viet Nam, and Morocco. ii. Some countries with a 16 year old legal drinking age are Germany, Greece, Norway, Poland, and Spain. iii. Some countries with an 18 year old legal drinking age are Belize, Brazil, Canada, China, France, Ireland, Mexico, Russia, Turkey, and the United Kingdom. (Transition): Now that I have told you about the current legal drinking age in the United States and other countries, I will discuss the effects of the current drinking age. Main Idea 2: The United States legal drinking age of 21, has many negative effects on those who are under age. A. Alcohol is considered a, â€Å"Forbidden Fruit†. Alcohol is considered a forbidden fruit because prohibition increases the harm that it is supposed to reduce. a. Because the United States as such a high drinking age, teenagers are driven â€Å"underground† to drink alcohol. i. According to Parade. com Since teenagers are not allowed to drink openly in public, teens take their drinking to dorm rooms, isolated areas, or at unsupervised house parties. At these gatherings teens usually binge drink, because they are scared their party may be stopped. (Flynn) ii. Also according to Parade. com when teens come about a problem, such as someone drinking too much alcohol at these parties, or assaults, they are less likely to call for help because they are scared of getting in trouble. (Flynn) B. High Rates of Alcohol Abuse and Addiction b. According to the Centers for Disease Control and Prevention binge drinking plays a huge part in Alcohol Abuse. Binge drinking is excessive drinking that brings a person’s blood alcohol concentration to . 08 percent or above. iii. Men – 5 drinks in two hours. iv. Women – 4 drinks in two hours. v. About 90% of the alcohol consumed by youth under the age of 21 in the United States is in the form of binge drinks. Main Idea 3 (Transition): Now that I have told you some of the negative effects of underage drinking, I will tell you about the potential benefits of a lower drinking age. A. Potential Benefits of a Lower Drinking Age a. Young people will learn to drink alcohol more responsibly. i. According to the group Choose Responsibility, if the drinking age is lowered to 18, everyone will be required to take an alcohol education class before they turn 18 to inform them on the dangers of alcohol. . Would lead to less alcohol abuse and addiction ii. Since alcohol would no longer be considered a forbidden fruit, teens could drink in more open environments such as social events and bars where their consumption could be monitored. iii. Some teens may also feel as if they have a more freedom; therefore, they would make more responsible decisions when it comes to consuming alcohol. Concl usion Signal the End: Today I have hopefully persuaded you to believe that the United States should lower their legal drinking age. Review of Main Points: I have told you about the United States and other countries legal drinking ages. What the current legal drinking age does to American teens. Also, the potential benefits of a lower drinking age. Closing: Now that I have told you reasons to lower the drinking age I hope you agree that by lowering the drinking age, the United States can begin to raise more responsible drinkers, who will not be as prone to alcohol abuse or addiction as today’s Americans are. Works Cited â€Å"15 Reasons Why Drinking Age Should be 18. 2009. Web. 29 Nov. 2010. Alcohol Policy Information System. â€Å"The National Minimum Drinking Age Policy of 1984. † Web. 29 Nov. 2010. â€Å"Binge Drinking. † Centers for Disease Control and Prevention. 2009. Web. 29 Nov. 2010. â€Å"Choose Responsibility. † 2010. Web. 29 Nov. 2010. Flynn, Sean. â€Å"Should the Drinking Age be lowered? † Parade. 2007. Web. 29 Nov. 2010. â€Å"Minimum Legal Drinking Ages around the World . † 2010. Web. 29 Nov. 2010. â€Å"Teen Alcohol† 2010. Web. 29 Nov. 2010. â€Å"Underage Drinking Statistics. † 2010. Web. 29 Nov. 2010. How to cite Drinking Age, Papers

Crime Data Comparison Paper free essay sample

CRIME DATA COMPARISON PAPER -Murder Rate According to the FBI Unified Crime Report for 2009, there were 385 murders in that year. The total population for Detroit in 2009 was Just over 951 ,OOO. (The Neighborhood Scout, 2009) In Minneapolis, a city with about one-half the population of Detroit, the number of murders was 47. Not only is the population less than Detroit, the murder rate 6 times lower than Detroit. Here you can see that population seems to play a role in the amount of murders for these metropolitan areas. The area that had the most reported incidents of murder was Detroit. Minneapolis has shown that they have seen a 17% decrease in violent crimes over the past 3 years. In the previous year, 2008 Detroit reported the murder rate of 339. This seemed to be an overall drop from the previous year 383. Though this seems like a positive sign for the city, this merely shows a decrease in violent crimes in the nation. We will write a custom essay sample on Crime Data Comparison Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page (Hendron, 2009) It seems that more major cities have seen a drop in crime rates over time. The 339 murders over a population Just over 951 ,OOO make Detroit the deadliest metropolitan area in the United States. Additionally, Police officials in Detroit had isreported overall 2008 murder fgures intentionally to avoid this distinction. (Hendron, 2009) Minneapolis, in comparison, saw their murders drop from about forty to eighteen percent in 2008. (Kohler, 2009) As the rates of crime for these areas show patterns, one thing is certain, Detroit as a whole has a higher crime rate capacity. It appears that in Detroit the crime rate decreased approximately 11% and Minneapolis dropped about 20%. The rates have changed for both areas over the last few years. They appear to have been dropping when compared to other major cities and metropolitan areas. One theory that might explain a citys murder rate is the lack of good, affordable housing. Oeralyn, 2009) There are several theories on the reason for an areas murder rate to increase, decrease, or even remaining steady with little fluctuation. Jeralyn goes on to explain that the observation taken place in New York indicate that after the implementation of housing projects resulted in the homicide rate dropping, while Chicago, which did not have a housing project implemented, remained pretty steady. Both areas, Detroit and Minneapolis have both adopted this means of correction to eal with the increasing homicide rate. Another factor that plays a huge role in the murder rate is the overall poverty. Detroits poverty level is significantly higher than that of Minneapolis. Several added reasons to the rate are those of theft, robbery, and attempts of theft of property. Police chief, Warren Evans suggests that we will not see anymore oversights on the number of the murder rate and next year we should see a more correct and concrete number. He goes on to say that the new correct number may even show an increase to fix the oversight problem. Oosting, 2009) There is no way to tell whether or not the poverty level is the sole or even major cause of the murder rate. While likely to be a contributing factor, poverty cannot be the entire answer to the issue. Economic trends have shown that the poverty level has not only increased in Detroit, but across our entire nation. contribute to the rates of homicide. I know youVe heard the old saying, guns dont kill people, people with guns kill people. This statement has been argued both ways and there is no real information to support the claim here. Crime Data Comparison Paper free essay sample At the beginning of calendar each year, crime data from the previous year is collected room several different sources across the United States and is used to create the uniform Crime Report for the previous year, which can help determine what areas of the united States are experiencing the most crime and in what areas crime has increased or decreased.Being able to see this information can help law enforcement agencies, such as State Troopers, determine where more manpower Is needed and assist in determining what cities and areas have a higher rate of crime and are in need of the financing to hire more law enforcement to combat the rise in crime. The two cities used for comparison are Pittsburgh, Pennsylvania and Philadelphia, Pennsylvania for the time frame of January 2009 through June 2009. With Philadelphia holding a much larger population at an average of 1. Million compared to Pittsburgh average of 400 thousand, the number of burglaries that were reported was higher in Philadelphia than those that were reported in Pennsylvania, according to the Uniform Crime Report for June of 2009. We will write a custom essay sample on Crime Data Comparison Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The rates of crime for Pittsburgh and Philadelphia also differ greatly due to the differences in populations. According to the uniform Crime Report in 2008, the amount of burglaries that were reported in Philadelphia totaled 5,828 while those reported In Pittsburgh trailed behind at Just 1. 390. This averages 112 burglaries a day in Philadelphia for an affected area of 135. 9 square miles while Pittsburgh averages only 26 burglaries a day for a smaller area of 55 square miles. However, in 2009, the uniform Crime Report stated that the amount of reported burglaries In Philadelphia had dropped from 5,828 to a lower rate of 4,847 and the burglaries in Pittsburgh roping from 1,390 to a lower rate of 1,220. There is a large decrease in the amount or reported burglaries for the year of 2009 averaging almost 1000 burglaries fewer than the previous year in 2008 resulting in an average of 93 burglaries a day from the 112 per day from 2008.In Pittsburgh, crime reduced to a rate of 23 burglaries a day from the 26 per day from the previous year, resulting In 170 less burglaries from the 11390 ;n 2008. When determining the factors that explain the difference in burglaries for Philadelphia has a much, much larger population than Pittsburgh, resulting in the Geiger reported burglaries in that area and the larger number of decrease in crime in 2009.The decrease in crime in both cities shows that law enforcement, home security system, and neighborhood watches, have been e ffectively used as a burglary deterrent in both cities. Other factors play into the fall of the crime rate include Job availability; less people are unemployed which means that people are less desperate to come up with money which reduces the burglary rates. Another cause for the reduction of burglary is that seasoned criminals who were committing the crimes homeless and recruiting others to assist with committing the crimes are now behind bars. Additional factors such as crime code changes, incidents not being crimes, a fall in reporting, and fewer police officers observing crimes (Understanding The Crime Fall, (2013) are also important when determining why crime has reduced in an area. Whether viewing crime rates in two cities such as Pittsburgh and Philadelphia or Dallas and Austin, data obtained from the Uniform Crime Report has been essential in determining what areas of the United States are affected by more or less crime Han others since its creation in 1929.

Now or Never free essay sample

I said to my friends Sean, Charlie, Nick, Ben, Megan, and Melanie. We were on our second day of spring break, in our high school senior year, getting ready to hit the road and get on our way to Destin, Florida. It was a frantic time before we were actually on our official way. Of course, it was traffic hour when we all decide to leave, that just added to the chaos. We werent going on this trip alone though, we were going with a whole flock of people. There were seven parent chaperones and about fourteen other friends/ siblings and a couple of their friends too. With all of these people we obviously werent going to fit into one car. We took three cars between all of us. and of course I was thinking to myself, â€Å" Screw it! It’s now or never! I can handle the drive; in my parents 1997 Chevy suburban! † I was so pumped up and ready to be on the road. We will write a custom essay sample on Now or Never or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Now it was the seven of us in the good ol’ trusty â€Å"burban†; that’s what we would call the suburban for short. Now, this car is just a few years old and she has had many road trips in her; but she has had a number of battle scars under the hood from our past adventures. We were loaded up and loaded down, packed to the brim; in this seven seater about thirty minutes from the house, and my friend Charlie got a call from our buddy Allen. Allen is a good friend of all ours and his bulb didnt always burn too bright. Especially this day. Allen said to Charlie, â€Å"Yo fool, did ya’ll dip yet,? I am ready to go! † We all sort of saw this coming, but we didn’t know if he was going to bail on his selfish girlfriend and come to Destin. I was being a good friend and I turned that blue â€Å"burban† around; Even though we there was no room left in the suburban and the other cars were already well on there way, I was going to be driving solo from the pack. I liked being independent; I was somewhat of a daredevil. I guess you could say that I was a little too over confident in myself and my abilities. We pulled up to Allen’s house and jammed him and his bags in the back row, somehow. We were slammed packed, but we were all young and nimble. We all loved each other dearly; we were all best friends. Now we have all the pieces to our puzzling friends together, and I finally caught back up to the rest of the caravan by dusk. It took us twenty-two hours to make it there. We had twenty-two hours left. Once we were there the wild times times began to brew. The guys and the girls each had their own condo, that alone I think says a lot about the mood of the trip. It was party party from the moment we arrived in Florida. Day three of the trip, I was enjoying some adult beverages since I was on vacation. Drinking is something we would do as a family when we went on vacation, mostly wine though. This time it was vodka and coconut rum, and just enough to make me feel great. In my mind, I was on top of the world. My buddy Sean’s parents rented a three wheel motorcycle/go-cart hybrid that I knew I could drive. Sean’s little brother drove it away from his parents with me in shotgun, aka the passengers seat. This thing drove like a motorcycle, so I thought it could handle like a motorcycle. Corey, Seans little brother, squeezed the thing down the sidewalk to beat traffic and into the condominium parking lot. The condos we stayed at were right on a golf course. We drove around that place like we owned it. We took turns driving it. I went out the condo parking lot into the grass and back towards our condo with the throttle all the way down. I started to weave through some curves. I really felt good about my driving skills. I whipped around a corner and next thing I knew I was on two wheels; and I have no more control of this motorcycle/tricycle. Bam!! I slammed right into a fire hydrant and it didnt budge one bit. Corey luckily bailed. With all the momentum going forward then coming to an immediate stop, he went flying twenty feet forward. He managed to only chip his two front teeth. As for me, I slammed chest first into the steering column. I immediately knew I was in a lot of pain in both my chest and in my pocketbook. I knew this was gonna cost a pretty penny. I didnt have any major injuries, just a badly bruised rib cage and the air knocked out of me for day it seemed. From that day forward I will never drink and drive; Ive learned that â€Å"now or never† was not the best motto.

Definition and Examples of an Antonym in English

Definition and Examples of an Antonym in English An antonym is a word having a meaning opposite to that of another word, such as hot and cold, short and tall. An antonym is the antonym of synonym. Adjective: antonymous. Another word for antonym is counterterm. Antonymy is the sense relation that exists between words which are opposite in meaning. Edward Finnegan defines antonymy as a binary relationship between terms with complementary meanings. Its sometimes said that antonymy occurs most often among adjectives, but  as Steven Jones et al. point out, its more accurate to say that antonym relations are more central to the adjective classes than to other classes. Nouns can be antonyms (for example, courage and cowardice), as can verbs (arrive and depart), adverbs (carefully and carelessly), and even prepositions (above and below).   Examples and Observations You forget what you want to remember and you remember what you want to forget.Every day I remind myself that my inner and outer life are based on the labors of other men, living and dead and that I must exert myself in order to give in the same measure as I have received and am still receiving.Opposition and ParallelismFactors that contribute to particularly good antonym pairings may relate to more than just the two items semantic oppositeness; for instance, the pairing of increase and decrease is supported by their rhyme and the perception of a parallel morphology, as well as their semantic opposition.Three Types of AntonymsLinguists identify three types of antonymy: (1) Gradable antonyms, which operate on a continuum: (very) big, (very) small. Such pairs often occur in binomial phrases with and: (blow) hot and cold, (search) high and low. (2) Complementary antonyms, which express an either/or relationship: dead or alive, male or female. (3) Converse or relational antonyms, expressi ng reciprocity: borrow or lend, buy or sell, wife or husband. The Lighter Side of AntonymsA man in the Land of the Houyhnhnms,Had a large collection of antonyms;He would say, This is great!Theyre in pairs, so they mate,Unlike synonyms, and, of course, homonyms.(W. S. Brownlee) Pronunciation AN-ti-nim Source: Tom McArthur, Antonym. The Oxford Companion to the English Language. Oxford Univ. Press, 1992. Steven Jones et al.,  Antonyms in English: Construals, Constructions, and Canonicity. Cambridge University Press, 2012. Albert Einstein, The World As I See It, 1931. Cormac McCarthy, The Road. Knopf, 2006.

National Policy Essay Example | Topics and Well Written Essays - 250 words

National Policy - Essay Example According to our UNIT 7 lecture notes, public policy â€Å"refers to the actions taken by government — its decisions that are intended to solve problems and improve the quality of life for its citizens.† In this case, public policy is actually formed following these three processes: policy formulation and adoption—this is where an approach is come up by different political stakeholders in solving a certain problem; implementation—this is where the decision of government is put into effect; and evaluation and termination evaluation—this is where a specific public policy is reviewed and evaluated based on a cost-benefit analysis. In this case, a particular problem is actually identified through something that attracts attention of the government, especially when the welfare of the public is harmed or threatened. In determining solutions for this problem, different political stakeholders actually present their approach on how the problem is solved†”including congress, the executive and the judicial branches of government, civil society groups, political parties, and even the citizens most affected. Works Cited Unit 7: Politics and the Economy (Lecture Notes)

Fieldler's Contingency Theory Research Paper Example | Topics and Well Written Essays - 750 words

Fieldler's Contingency Theory - Research Paper Example This scale measures the leadership style of an individual by taking into consideration the opinion of the persons that have been able to work the least well with the subject. The theory might seem a bit odd since one would think that the opinion of the person that you had trouble with would not be such an important factor. The theory can be used to differentiate between relationship motivated styles and task motivated leaders. There are three situational control variables that must be considered. The three situational control variables are leader-member relations, task structure, and position power. The Fieldler contingency theory can be used in the workplace to improve the performance of the workers by using the best leadership style based on the circumstances. Take for example a project manager leading a group of workers. The workers the project manager was given were a group of recently recruited employees. They lack a lot of experience at the work tasks and have little knowledge of the corporate culture of the firm. Based on this scenario it would be more effective for the project manager to use a task orientated leadership style. The project manager should pay close attention to each member of the crew to make sure that the workers understand what is expected of them. The project manager should establish good communications and relations with the workers to build a bond of trust. In the future once I reach a position where I have to exert leadership to manage a group of people I plan on using Fielder’s contingency theory to my advantage. If I was faced with leading a group of workers that had lots of experience, good interpersonal relations among themselves and with the boss, understanding of the culture of the firm and clear knowledge of what is expected of them I would use a relationship-motivated leadership style. A company that has utilized Fielder contingency theory to improve the performance of its workers is Sears Roebuck. Contingency theory has tremendous utility because it can be applied in a wide variety of industries. The theory allows the leader to adapt to the circumstances. The academic community has used Fieldler’s contingency theory in research studies to test different aspects of leadership. A study performed on 360 senior managers across 20 different British firms concluded that leadership and decision making must be analyzed form a contingency rather than a universalistic perspective (Heller, 1973). Fieldler’s work has evolved and recently the theory has evolved through the development of cognitive resource theory. The new cognitive approach states that that leader should use directive or nondirective behavior based on situational contingencies such as experience, support of the leader, and stress. For example when leaders have to manage a group of employees working on tight deadlines such as an accounting staff during the closing period the leader should not exert excessive pressure on the sta ff since the worker already realizes the deadlines they have to meet. Being a facilitator during these circumstances is a more effective leadership style. Contingency theories such as Fieldler’s direct their research towards discovering the variables that make certain leadership characteristics and behaviors effective in specific situations (Gunbayi, 2005). Contingency theory can be very effective in fast adaptive environments such as a casino operation. The casino

Home Networking Article Example | Topics and Well Written Essays - 250 words

Home Networking - Article Example dependent of one another either by resulting to emerging internet architect and protocols or by painting new UI ahead of technologies that are existing (Edwards et al., 2011). Challenges facing home networking are what make it a bit inconveniencing to users (Edwards et al., 2011). These are the reason for the slowdown in home networking but there are solutions to them. Once the problems are solved then, home networking can be more convenient to the users (Edwards et al., 2011). The article perspective is that of user (Edwards et al., 2011). This is because he has identified various problems experienced in home networking. Additionally, has stated the possible solutions that can be of use to try to solve the problems facing home networking (Edwards et al., 2011). Adoption of networking in homes has become rampant over the years. For instance, in 2009, 63% of homes in the U.S had broadband connectivity and more than 50% had a home network (Edwards et al., 2011). The home network is multiple computers using a shared connection (broadband) through wireless or wireless (Edwards et al., 2011). In late 1999 as ell as inception of 2000, this knowhow has greatly though showed gigantic growth problems. This problem, which experience is beyond inconvenience, as it poses threats to their privacy. Addressing these problems will first require research from the industry, system, and the networking. The advantage is that it bears implications, which are positive especially meant for sustainability as well as public accessibility. This is a commendable breakthrough based on its boosting to commercial, education as well as communication services (Edwards et al., 2011). Home network has problems more so on end users who find difficulties in securing and managing their networks because this development is for managed environment. The privacy of an individual is not a guarantee and it does not have the chance to install applications of new-generation (Edwards et al.,

Islamic Law And Its Impact On Arbitration Of Ip Cases

Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases In Middle East With Special Reference To Jordan Introduction The law of intellectual property is one of the areas of law that has emerged in Jordan relatively recently. The reasons for such late emergence of intellectual property law in Jordan are that there were no sufficient conditions for development of this area of law in this jurisdiction. Due to this fact, courts in Jordan were hardly able to decide such cases because of their complexity and lack of necessary skills and knowledge of judges in respected area of law. It is for this reason it seems that Jordanian legal practitioners saw the necessity of establishing courts which would adjudicate such cases. The law of intellectual property is one of the areas that pose several challenges to trade area, where sellers of unauthorized products or products which breach intellectual property rights are widespread. It is inevitable truth of most Arab countries and in this respect it seems that position of intellectual property legislation saw its goal. Some would ask: Why would Jordan need intellectual property law at all? It does not have such potential in order to enforce such complicated legislation and procedures. The answer lies in increasing importance of Jordan as a financial and trade center of Middle East, which would compete and challenge such centers as U.A.E. and Qatar. In order to ensure such position in market, Jordan, first, has to ensure that legislation is in harmony with international trade and financial legislation. Amidst them, intellectual property law, if not most important, but occupies significant place to such an extent that it has to increase awareness and skills in this area. Simultaneously, one of the important and flexible methods of alternative dispute resolution as arbitration has to play here crucial role. Arbitration is one of the areas of alternative dispute resolution, necessity of which has increased along with globalization of international trade. It has been seen as one of the areas which can significantly simplify international trade procedure without bringing unsolvable complexities into the business which has already gone into complexities. The arbitration of cases related to intellectual property is different and complicated matter, which cannot be explained with reference to arbitration of normal and common cases that emerge in the course of international or local trade. It requires lawyers which are not only fluent but also skilled in matters of IP law and practice. Such lawyers, the amount of which is few in Jordan, can be and should be trained in this area in order to ensure the integrity of arbitration procedures in IP cases. As a rule, majority of companies and lawyers cannot trust to state courts, which would consider intellectual property cases along with ordinary cases and are subject to inevitable error by doing incorrect analogies in decision of such cases. Usually parties which address their cases to state courts are usually unsatisfied not only with level of knowledge of judges in intellectual property cases but also with complexity of procedure. In this sense, one should realize the importance of arbitration methods for adjudication of intellectual property cases. Jordan, it seems, have realized the serious threat posed by this problem and have taken number of measures in order to respond to this challenges. One of the notable measures is certainly sending law students abroad in order to prepare future judges specialized on intellectual property disputes. This has been done effectively and majority of students are in prominent institutions which are really strong in this area of law. Second is creation of respective legislation in this area, yet there are some gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitration and IP law. Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries have foremost skills and experience in these fields of law. It is not only explained by abundance of their experts but also rapid expansion of their economies and integration into the world economy. In this respect, Jordan is in more convenient position than other countries since even the culture of its neighbors is identical to Jordan. The similarity in culture and tradition is one of the factors that make harmonization of Jordanian IP legislation much easier and painless. Besides, the lack of experience and knowledge not only in IP law, but also in arbitration process in IP case makes Jordan vulnerable to the challenge posed by the legal world of these neighbors. It is for this reason; the necessity of this dissertation is realized. There is also Islamic factor that raises issue. Since Jordanian constitution recognizes Islam as a religion of state and due to historical circumstances when Islamic law dominated Jordan for centuries, it raises question: Has Islamic law influenced emergence and development of arbitration in Jordan as well as of intellectual property law? In this respect, Akhtar remarked: â€Å"there exist considerable variations in the Middle East on the incorporation and application of arbitration laws and the practice and procedure in enforcing arbitral awards, which are complicated further by the differing interaction between Sharia law and Western systems of law in each country†. Therefore, the major goal of this dissertation is to examine whether Islamic legal principles in fact had an impact on development of arbitration and intellectual property law in Jordan. It will be tested on the basis of case related to IP law decided in arbitration courts of Jordan. The importance of this topic is realized in the context of rising importance of Jordan as emerging economic and financial leader in Middle East. It is also realized due to the fact that Islamic law is a dominant system in contemporary Middle East. This dissertation consists of four parts: (i) first chapter briefly examines the basic tenets of Islamic law; (ii) second chapter briefly examines arbitration system in Jordan; (iii) third chapter briefly analyses intellectual property law in Jordan; and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Islamic law. Overview Of Jordanian And Islamic Law Jordan is one of the countries in the world that inherited several features of different legislations at a time. One of the major influences was Ottoman legislation, since Jordan was under their dominancy for almost 700 years. In this respect, it can be said that it has been influence not only by Islamic law, which was the law of Ottoman empire but also by features of unique Ottoman law, which coexisted in one line with Islamic law. Legislation And Judicial System In Jordan Once Jordan became a subject of European colonization in 19 century, it inevitably embraced some features of European legislation. Yet, at present time, Jordanian legislation is surprising mixture of European and Islamic elements. The system of government in Jordan is parliamentary monarchy. Yet, it should be noted that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of Prophet Muhammad (S.A.V.) As in other countries of the world, the power in Jordan is divided into three branches, namely, legislative, executive and judicial. However, unlike other countries King may interfere within functioning of legislative power or other in order to ensure his absolute status. The constitution of Jordan openly declares Islam as the religion of state. However, upon the close examination of Jordanian legislation, one cannot call it Islamic state since it contains elements which are contrary to Islamic legal principles. Unlike Saudi constitution which declares Islam as a source of law, Jordan constitution declares Islam only as a religion of state. It is, however, not clear what it implies. Nonetheless, one can see the consequences of Islam being declared as a religion of state, in the legal system, where there is duality of courts. Jordanian courts are divided into secular and religious courts. While religious courts are not only Islamic but also ecclesial or Christian courts, which are free to decide family matters of their respective religious communities. The competence of religious courts, including Islamic, are not extended to the matters of commercial and administrative law. Therefore, matters pertaining to commercial or administrative law are decided in secular courts. Officially, Jordanian constitution declares that there are three types of courts: (i) civil courts; (ii) religious courts; and (iii) special courts. Yet, civil courts also hear criminal cases along with civil cases and cases of administrative field. Religious courts are divided into Islamic and courts of other non-Muslim communities. Both of them hear cases within scope of their competence. It is interesting that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. Compensation of blood-money, otherwise called diya, is one of the old features of Islamic criminal law and it is surprising that it is not in competence of secular courts but religious. The constitution does not define how special courts function, leaving this matter to the law. Yet, there are tribunals which are designed to interpret law and one of them is High Tribunal, the purpose of which to interpret constitution when required by government. It is also necessary to provide brief overview about Shari ‘a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Islamic law, is one of the ancient systems of law that has been preserved since 7 century A.D. with some modifications. The sources of Sharia, according to Muslim belief, are Quran and Sunna. First being Holy Book of Islamic religion and second are traditions or precedents of Prophet of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions according to four sources of law, Quran, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, mainly diverge upon interpretation of major or secondary sources of Islamic law. Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to comply with these principles, Islamic lawyers has developed certain methods and forms which would allow Muslim to operate in one or another way in business world. One of the remarkable features of new Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic insurance that operates in almost similar fashion and other new concepts as Islamic bonds, otherwise called sukkuk. As far as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to any form of intellectual property, be it trademark or invention. Arbitration in Islamic law is unique, since arbitration has been inherent to Arab culture and was called hakama. Hakams were arbitrators in ancient Arabia and judged according to Arab customs and traditions. Therefore, there is nothing new in arbitration which is not familiar to Islamic lawyers. In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In Petroleum Development (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed: â€Å"†¦it would be fanciful to suggest that in this very primitive region there is any settled body of legal principles applicable to the construction of modern commercial instruments†. Another remark, done by arbitrator in Ruler of Qatar v. International Marine Oil Company Ltd., was bitterer and arrogant: â€Å"†¦I am satisfied that the [Islamic] law does not contain any principles which would be sufficient to interpret this particular contract†. Such excesses and bitter remarks were summed up and characterized in the following terms: â€Å"In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticism of certain unfortunate arbitral awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating nature, the application of the national applicable legal systems of countries like Abu Dhabi or Qatar†. It should be also noted that Jordanian legislation does not fully implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no hindrance on the part of Jordanian government in this sense. Defining Islamic Law There is no single or unified definition of Islamic law. Various scholars offer various definitions. I shall not go into each definition offered but shall arbitrarily explicate some of them. One of the famous scholars of Islamic law, Joseph Schacht offered an interesting definition for Islamic law: â€Å"Islamic law is the epitome of the Islamic spirit, the most typical manifestation of the Islamic way of life, the kernel of Islam itself†. Goitein, it seems, offered more precise and comprehensive definition: â€Å"Islamic religion is characterised by the prominence of legal conceptions in its systems: The Sharia, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (‘ilm) par excellence. The minute observation of many commandments is its most conspicuous practical aspect; the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship†. These two definitions are not exhaustive but reflect true essence of Islamic law. Schachts ‘way of life and Goiteins ‘religious jurisprudence constitute what is called Shariah in Arabic. Moreover, Islamic law cannot be compared with common or continental legal systems. It is because latter do deal and embrace all areas of law, whereas Islamic law mostly deal with private law, leaving aside public law. Therefore, the claim of some countries that since their legislation is based on Shariah, their law is being regulated by divine law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western models. The majority of scholars have long been recognizing Quran as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid merely lip-service to Quran as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from Quran but it is only a major and in a number of cases, we discover that Muslim jurists are dependant or totally reliant on other sources rather than Quran without hesitation. The holy book of Islam or Muslims all over the world, Quran is believed by Muslims to have been revealed via Archangel Gabriel to Muhammad, who is regarded by Muslims as both Prophet and Messenger of God. Quran is law but law in a spiritual sense. If you ask a Muslim: What is your law (Sharia)? He or she would respond: â€Å"Quran† without realizing whether it is spiritual or actual law. For the purposes of present study, Quran is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. Before turning to critical points, it is crucial to explore basics of Quran. Quran is the holy book of Islamic religion. It is said to have been revealed during 23 years, once Prophet Muhammed started his mission among Arab people. The Quran derives from the word ‘qara which denotes in Arabic, reciting or reading. It is also asserted that with a same meaning it is cited in Old Testament in Hebrew language. There are other names which are designed for Quran, such as ‘Quran al-Majid or ‘al-Quran ash-Sharif or ‘Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall avoid confusion. The divine legislation is said to have been established through revelation of Quran in stages as I have mentioned earlier. The modern scholars as well as classic jurists were still unsure about precise role of Quran as a source of legislation. It is not clear whether the role of Quran corresponds to the hierarchy where it has been hoisted to the primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurisprudence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would pay a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in specific occasion. The precise role of Quran is difficult to define; it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to demonstrate the position of Quran as a source of law, let us look at some examples of utilization of Quran in classic Islamic jurisprudence. The Prophetic Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. It does not only occupy this position indeed but sometimes shares dominancy with Quran. The difference that emerged between Muslim jurists and later led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From liberal approach of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their conflict went as far as one realise that it is rather absurdity than logical argument. The word ‘ijma, which is basically translated as ‘collecting or ‘assembling, in a legal sense has caused a lot of debates over its validity. It is sometimes viewed as a consensus of either jurists or Muslims in general. Some assert that it is consensus of early Muslims Companions over common postulates of faith and religion. The consensus might be reached if it is unanimously adopted in practice or ‘custom as in the case of international law. Second, consensus might be uttered in respect of certain ruling by majority of either scholars or jurists. Finally, it can be ‘e silentio support for certain opinion by majority of jurists that have the right to adjudicate their independent opinion. It is not clear from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say ‘there has been consensus on this issue or ‘question but they never clarified how and why such consensus has been reached among them. We also do not know whether we may employ ijma concept in modern context and whether it shall be binding on all Muslims or adopted by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with dominating opinion of single jurist, which later became known as ‘schools of law or ‘madhahib. It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of ‘madhahib; there is no way to re-visit these concepts or judgments. When speaking of analogy principle in Islamic law, it is not clear whether it is absolute or not or whether it is logically applicable to all cases. The word ‘qiyas itself means ‘to compare and it is regarded as one of the major sources of Islamic law. Islamic jurists themselves stipulate four predominant conditions of analogy: The precept or practice upon which it is founded must be of common (amm) and not of special (khass) application; The cause (‘illa) of the injunction must be known and understood; The decision must be based upon either the Quran, the Sunna, or the Ijma; The decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna. The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even within Quran and within Sunna. The jurists attempted to decide such contradictions by asserting that there cannot be hypothetically any conflicts between these sources and even within these sources; they exist and it is reality. This factor also serves as a great hindrance in deriving rules or judgments from primary sources of Islamic law. Even though these rules has been developed and elaborated by jurists; there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is clear. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object saying that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in reasoning, sometimes leading to absurd conclusions. Concluding Remarks In present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is mainly religious, whereas Jordanian is secular; even though Constitution claims that Islamic is a state religion. In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature. It does not however mean that Jordan lack of Islamic legal taste; there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands, similar matters that arise with other religious communities are decided based on their respective religious law. However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general. Arbitration System In Jordan And Compliance With Islamic Law And Its Implications For Intellectual Property Law This chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full understanding when looking through forthcoming chapters. Arbitration In Jordan The arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique; neither has it been adopted from international law, but from Egyptian Arbitration Act No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985. The law consists of 7 parts and 56 articles. It can be structured thus: (1) General provisions (Articles 1-8); (2) Arbitration agreement (Articles 9-13); (3) Arbitration tribunal (Articles 14-23); (4) Arbitration proceedings (Articles 24-35); (5) Arbitral award and termination proceedings (Articles 36-47); (6) Nullity of arbitral award (Articles 48-51); (7) Enforcement of awards (Articles 52-56). The Art. 3 makes the scope of law absolute; it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes; both of them are within scope of this law. The Art. 5 allows not only contracting parties to choose the arbitration procedure but also a third party which shall be able to choose such procedure. The Art. 8 explicitly prohibits the intervention by state courts; yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc. As far as arbitration agreement is concerned, Art. 9 allows only those persons, be it physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on â€Å"amiable compositeaur† basis. The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of written agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian Court of Cassation which stated: â€Å"the arbitration clause as established should be written, clear and explicit as well, by virtue of Article 10/A of the Arbitration Law No. 31of 2001†. The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal and its reference shall be viewed as arbitration agreement in writing. As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three. Noteworthy, the law reaffirms the independence of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract. The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon consent of parties, according to Art. 28a. Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in elaboration of this provision Court of Cassation further held: â€Å"all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void†. These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked: â€Å"It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the foreign arbitral award which has been enforced and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law†. The ratification of New York Convention by Jordan should be viewed as positive development and attractive for the foreign companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes; any company which would challenge Jordanian company with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of ratification of New York Convention. However, in his study of issues pertaining enforcement, Haddad critically commented: â€Å"Turning again to Jordanian Law which provides, as has just been seen, that a foreign award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the foreign country†. It implies that Jordanian legislation does not recognise validity of foreign judgement as enforceable in Jordan. But he noted that â€Å"this approach may be criticized since it may be difficult in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may happen that the parties involved in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either†. In such dubious situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally. It will also have some implication for enforcement of foreign arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it. Enforcement Of Foreign Arbitration Awards In Jordan One of the problems that foreign company may encounter in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise. IP legislation in Jordan being in immature position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan. According to IP legislation, certain names cannot be registered as trademarks in Jordan. However: what if the name of foreign company or brand coincides with the name trademark registration of which is illegal in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court. The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises: can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration. IP arbitration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this diversity may imply negative consequences for arbitration, since arbitrators should be expertise in all areas Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases Islamic Law And Its Impact On Arbitration Of Ip Cases In Middle East With Special Reference To Jordan Introduction The law of intellectual property is one of the areas of law that has emerged in Jordan relatively recently. The reasons for such late emergence of intellectual property law in Jordan are that there were no sufficient conditions for development of this area of law in this jurisdiction. Due to this fact, courts in Jordan were hardly able to decide such cases because of their complexity and lack of necessary skills and knowledge of judges in respected area of law. It is for this reason it seems that Jordanian legal practitioners saw the necessity of establishing courts which would adjudicate such cases. The law of intellectual property is one of the areas that pose several challenges to trade area, where sellers of unauthorized products or products which breach intellectual property rights are widespread. It is inevitable truth of most Arab countries and in this respect it seems that position of intellectual property legislation saw its goal. Some would ask: Why would Jordan need intellectual property law at all? It does not have such potential in order to enforce such complicated legislation and procedures. The answer lies in increasing importance of Jordan as a financial and trade center of Middle East, which would compete and challenge such centers as U.A.E. and Qatar. In order to ensure such position in market, Jordan, first, has to ensure that legislation is in harmony with international trade and financial legislation. Amidst them, intellectual property law, if not most important, but occupies significant place to such an extent that it has to increase awareness and skills in this area. Simultaneously, one of the important and flexible methods of alternative dispute resolution as arbitration has to play here crucial role. Arbitration is one of the areas of alternative dispute resolution, necessity of which has increased along with globalization of international trade. It has been seen as one of the areas which can significantly simplify international trade procedure without bringing unsolvable complexities into the business which has already gone into complexities. The arbitration of cases related to intellectual property is different and complicated matter, which cannot be explained with reference to arbitration of normal and common cases that emerge in the course of international or local trade. It requires lawyers which are not only fluent but also skilled in matters of IP law and practice. Such lawyers, the amount of which is few in Jordan, can be and should be trained in this area in order to ensure the integrity of arbitration procedures in IP cases. As a rule, majority of companies and lawyers cannot trust to state courts, which would consider intellectual property cases along with ordinary cases and are subject to inevitable error by doing incorrect analogies in decision of such cases. Usually parties which address their cases to state courts are usually unsatisfied not only with level of knowledge of judges in intellectual property cases but also with complexity of procedure. In this sense, one should realize the importance of arbitration methods for adjudication of intellectual property cases. Jordan, it seems, have realized the serious threat posed by this problem and have taken number of measures in order to respond to this challenges. One of the notable measures is certainly sending law students abroad in order to prepare future judges specialized on intellectual property disputes. This has been done effectively and majority of students are in prominent institutions which are really strong in this area of law. Second is creation of respective legislation in this area, yet there are some gaps which are inevitable and these gaps should be filled in order to harmonize Jordanian legislation in the field of arbitration and IP law. Jordan has examples to learn from and it is its closest neighbors such as U.A.E., Qatar and Bahrain. These countries have foremost skills and experience in these fields of law. It is not only explained by abundance of their experts but also rapid expansion of their economies and integration into the world economy. In this respect, Jordan is in more convenient position than other countries since even the culture of its neighbors is identical to Jordan. The similarity in culture and tradition is one of the factors that make harmonization of Jordanian IP legislation much easier and painless. Besides, the lack of experience and knowledge not only in IP law, but also in arbitration process in IP case makes Jordan vulnerable to the challenge posed by the legal world of these neighbors. It is for this reason; the necessity of this dissertation is realized. There is also Islamic factor that raises issue. Since Jordanian constitution recognizes Islam as a religion of state and due to historical circumstances when Islamic law dominated Jordan for centuries, it raises question: Has Islamic law influenced emergence and development of arbitration in Jordan as well as of intellectual property law? In this respect, Akhtar remarked: â€Å"there exist considerable variations in the Middle East on the incorporation and application of arbitration laws and the practice and procedure in enforcing arbitral awards, which are complicated further by the differing interaction between Sharia law and Western systems of law in each country†. Therefore, the major goal of this dissertation is to examine whether Islamic legal principles in fact had an impact on development of arbitration and intellectual property law in Jordan. It will be tested on the basis of case related to IP law decided in arbitration courts of Jordan. The importance of this topic is realized in the context of rising importance of Jordan as emerging economic and financial leader in Middle East. It is also realized due to the fact that Islamic law is a dominant system in contemporary Middle East. This dissertation consists of four parts: (i) first chapter briefly examines the basic tenets of Islamic law; (ii) second chapter briefly examines arbitration system in Jordan; (iii) third chapter briefly analyses intellectual property law in Jordan; and (iv) final chapter, an important one scrutinizes Jordanian intellectual property disputes arbitration for compliance with Islamic law. Overview Of Jordanian And Islamic Law Jordan is one of the countries in the world that inherited several features of different legislations at a time. One of the major influences was Ottoman legislation, since Jordan was under their dominancy for almost 700 years. In this respect, it can be said that it has been influence not only by Islamic law, which was the law of Ottoman empire but also by features of unique Ottoman law, which coexisted in one line with Islamic law. Legislation And Judicial System In Jordan Once Jordan became a subject of European colonization in 19 century, it inevitably embraced some features of European legislation. Yet, at present time, Jordanian legislation is surprising mixture of European and Islamic elements. The system of government in Jordan is parliamentary monarchy. Yet, it should be noted that monarchy in Jordan is almost absolute since all powers are vested in the King of Jordan who is considered to be direct descendant of Prophet Muhammad (S.A.V.) As in other countries of the world, the power in Jordan is divided into three branches, namely, legislative, executive and judicial. However, unlike other countries King may interfere within functioning of legislative power or other in order to ensure his absolute status. The constitution of Jordan openly declares Islam as the religion of state. However, upon the close examination of Jordanian legislation, one cannot call it Islamic state since it contains elements which are contrary to Islamic legal principles. Unlike Saudi constitution which declares Islam as a source of law, Jordan constitution declares Islam only as a religion of state. It is, however, not clear what it implies. Nonetheless, one can see the consequences of Islam being declared as a religion of state, in the legal system, where there is duality of courts. Jordanian courts are divided into secular and religious courts. While religious courts are not only Islamic but also ecclesial or Christian courts, which are free to decide family matters of their respective religious communities. The competence of religious courts, including Islamic, are not extended to the matters of commercial and administrative law. Therefore, matters pertaining to commercial or administrative law are decided in secular courts. Officially, Jordanian constitution declares that there are three types of courts: (i) civil courts; (ii) religious courts; and (iii) special courts. Yet, civil courts also hear criminal cases along with civil cases and cases of administrative field. Religious courts are divided into Islamic and courts of other non-Muslim communities. Both of them hear cases within scope of their competence. It is interesting that Sharia courts also hear cases which are related to the compensation of blood money where one of the parties are not Muslims. Compensation of blood-money, otherwise called diya, is one of the old features of Islamic criminal law and it is surprising that it is not in competence of secular courts but religious. The constitution does not define how special courts function, leaving this matter to the law. Yet, there are tribunals which are designed to interpret law and one of them is High Tribunal, the purpose of which to interpret constitution when required by government. It is also necessary to provide brief overview about Shari ‘a, which occupies significant position in Jordanian legislation. Sharia, otherwise called Islamic law, is one of the ancient systems of law that has been preserved since 7 century A.D. with some modifications. The sources of Sharia, according to Muslim belief, are Quran and Sunna. First being Holy Book of Islamic religion and second are traditions or precedents of Prophet of Islam. Besides, official Islamic dogma declares that Islamic jurisprudence functions according to four sources of law, Quran, Sunna, ijma and qiyas. Ijma, otherwise called consensus is being interpreted differently by four schools of Islamic law and same goes with qiyas, which is otherwise called analogy. Four schools of Islamic law that has emerged at different periods of time during first century of Islam, mainly diverge upon interpretation of major or secondary sources of Islamic law. Islamic law does not recognize freedom of contract and prohibits such elements of trade and economy as charging interest, fortuity and gambling. In order to comply with these principles, Islamic lawyers has developed certain methods and forms which would allow Muslim to operate in one or another way in business world. One of the remarkable features of new Islamic jurisprudence is creation of Islamic banking, which replaces interest with profit-and-loss sharing concept, Islamic insurance that operates in almost similar fashion and other new concepts as Islamic bonds, otherwise called sukkuk. As far as intellectual property concerned, Islamic law protects inviolability of property as well as its manifestations in different forms. The same applies to any form of intellectual property, be it trademark or invention. Arbitration in Islamic law is unique, since arbitration has been inherent to Arab culture and was called hakama. Hakams were arbitrators in ancient Arabia and judged according to Arab customs and traditions. Therefore, there is nothing new in arbitration which is not familiar to Islamic lawyers. In last century, the position of Islamic law in disputes that were decided in arbitration courts was widely ignored. It is evident from several cases. In Petroleum Development (Trucial Coasts) Ltd. V. Shaikh of Abu Dhabi, Lord Asquith, the arbitrator ironically observed: â€Å"†¦it would be fanciful to suggest that in this very primitive region there is any settled body of legal principles applicable to the construction of modern commercial instruments†. Another remark, done by arbitrator in Ruler of Qatar v. International Marine Oil Company Ltd., was bitterer and arrogant: â€Å"†¦I am satisfied that the [Islamic] law does not contain any principles which would be sufficient to interpret this particular contract†. Such excesses and bitter remarks were summed up and characterized in the following terms: â€Å"In general, the legal community throughout the Arab world is still manifesting its hostility to transnational arbitration mainly as a result of the great publicity devoted to the criticism of certain unfortunate arbitral awards rendered as of 1951 by western arbitrators who excluded, with terms of a humiliating nature, the application of the national applicable legal systems of countries like Abu Dhabi or Qatar†. It should be also noted that Jordanian legislation does not fully implement precepts of Islamic law such as prohibition of interest or insurance. There are banks and insurance companies in Jordan which operate according to Western principles of banking and insurance. The companies and banks in Jordan are free to operate in the mode they choose to be most efficient for them. There is no hindrance on the part of Jordanian government in this sense. Defining Islamic Law There is no single or unified definition of Islamic law. Various scholars offer various definitions. I shall not go into each definition offered but shall arbitrarily explicate some of them. One of the famous scholars of Islamic law, Joseph Schacht offered an interesting definition for Islamic law: â€Å"Islamic law is the epitome of the Islamic spirit, the most typical manifestation of the Islamic way of life, the kernel of Islam itself†. Goitein, it seems, offered more precise and comprehensive definition: â€Å"Islamic religion is characterised by the prominence of legal conceptions in its systems: The Sharia, or holy law, is its very essence and Fiqh, or religious jurisprudence, is its science (‘ilm) par excellence. The minute observation of many commandments is its most conspicuous practical aspect; the free fellowship of religious scholars, who do not need authorisation by any government to interpret, develop and apply its law, is its most representative body, and even purely legal sections of the Fiqh are studied as an act of worship†. These two definitions are not exhaustive but reflect true essence of Islamic law. Schachts ‘way of life and Goiteins ‘religious jurisprudence constitute what is called Shariah in Arabic. Moreover, Islamic law cannot be compared with common or continental legal systems. It is because latter do deal and embrace all areas of law, whereas Islamic law mostly deal with private law, leaving aside public law. Therefore, the claim of some countries that since their legislation is based on Shariah, their law is being regulated by divine law is not correct. The Shariah only applies to matters of private law in these countries and the public law has been imported from Western models. The majority of scholars have long been recognizing Quran as a major source of Islamic law, sometimes without examining what it stands for. It was Schacht who first suggested that Shafii, prominent Islamic jurist, paid merely lip-service to Quran as a source of law in his jurisprudential theory. Certainly, major principles of Islamic law has been deducted from Quran but it is only a major and in a number of cases, we discover that Muslim jurists are dependant or totally reliant on other sources rather than Quran without hesitation. The holy book of Islam or Muslims all over the world, Quran is believed by Muslims to have been revealed via Archangel Gabriel to Muhammad, who is regarded by Muslims as both Prophet and Messenger of God. Quran is law but law in a spiritual sense. If you ask a Muslim: What is your law (Sharia)? He or she would respond: â€Å"Quran† without realizing whether it is spiritual or actual law. For the purposes of present study, Quran is a source of law but to a limited extent since a major proportion of rules and judgments is being extracted from other sources of law and via different methods of legal reasoning. It is not however realized by ordinary Muslim as such, and even by Muslim jurist, who would suggest that sources for such rulings is Sharia and all rules, embodied in Sharia are immutable and should not be a subject of any challenge by anyone. Before turning to critical points, it is crucial to explore basics of Quran. Quran is the holy book of Islamic religion. It is said to have been revealed during 23 years, once Prophet Muhammed started his mission among Arab people. The Quran derives from the word ‘qara which denotes in Arabic, reciting or reading. It is also asserted that with a same meaning it is cited in Old Testament in Hebrew language. There are other names which are designed for Quran, such as ‘Quran al-Majid or ‘al-Quran ash-Sharif or ‘Furqan, etc. For the purpose of present study, it shall be called Quran, which is rather easy to refer and this way we shall avoid confusion. The divine legislation is said to have been established through revelation of Quran in stages as I have mentioned earlier. The modern scholars as well as classic jurists were still unsure about precise role of Quran as a source of legislation. It is not clear whether the role of Quran corresponds to the hierarchy where it has been hoisted to the primary position. In fact, Quran has never been a primary source as we understand a primacy in modern jurisprudence. Muslim jurists would often rule according to verse of Quran but not a principle or spirit that it implies. They would pay a lip-service to Quran as a source of all legislation, but in fact they would disregard those rules of Quran that should have been regarded in specific occasion. The precise role of Quran is difficult to define; it is because the primacy of Quran has been overshadowed by other sources and methods of law. Quran has always been mentioned along with Sunna, second sources of Islamic law which we shall have occasion to discuss in the next paragraph. In order to demonstrate the position of Quran as a source of law, let us look at some examples of utilization of Quran in classic Islamic jurisprudence. The Prophetic Traditions or hadith as called in Arabic form a second source of law in hierarchy of sources of Islamic law and jurisprudence. It does not only occupy this position indeed but sometimes shares dominancy with Quran. The difference that emerged between Muslim jurists and later led to establishment of schools of law was caused by diverging interpretation of Prophetic Tradition. From liberal approach of Hanafis to strict compliance of Zahiris, they all dispute on nature of Prophetic Traditions as a source of law. Sometimes their conflict went as far as one realise that it is rather absurdity than logical argument. The word ‘ijma, which is basically translated as ‘collecting or ‘assembling, in a legal sense has caused a lot of debates over its validity. It is sometimes viewed as a consensus of either jurists or Muslims in general. Some assert that it is consensus of early Muslims Companions over common postulates of faith and religion. The consensus might be reached if it is unanimously adopted in practice or ‘custom as in the case of international law. Second, consensus might be uttered in respect of certain ruling by majority of either scholars or jurists. Finally, it can be ‘e silentio support for certain opinion by majority of jurists that have the right to adjudicate their independent opinion. It is not clear from Islamic jurisprudential theory when ijma should be employed and what certain conditions are. Some jurists, Hanafi, for instance, usually in their judgments, say ‘there has been consensus on this issue or ‘question but they never clarified how and why such consensus has been reached among them. We also do not know whether we may employ ijma concept in modern context and whether it shall be binding on all Muslims or adopted by them as a constituent part of Islamic law. In Sunni jurisprudence, we know that by way of ijma, certain jurists united into groups affiliated with dominating opinion of single jurist, which later became known as ‘schools of law or ‘madhahib. It has also been asserted that ijma on common legal issues has been reached in eighth century by respective founders of ‘madhahib; there is no way to re-visit these concepts or judgments. When speaking of analogy principle in Islamic law, it is not clear whether it is absolute or not or whether it is logically applicable to all cases. The word ‘qiyas itself means ‘to compare and it is regarded as one of the major sources of Islamic law. Islamic jurists themselves stipulate four predominant conditions of analogy: The precept or practice upon which it is founded must be of common (amm) and not of special (khass) application; The cause (‘illa) of the injunction must be known and understood; The decision must be based upon either the Quran, the Sunna, or the Ijma; The decision arrived at must not be contrary to anything declared elsewhere in the Quran and Sunna. The fourth stipulation raises some concerns. As we have discussed earlier, there are a lot of contradictions between Quran and Sunna, and even within Quran and within Sunna. The jurists attempted to decide such contradictions by asserting that there cannot be hypothetically any conflicts between these sources and even within these sources; they exist and it is reality. This factor also serves as a great hindrance in deriving rules or judgments from primary sources of Islamic law. Even though these rules has been developed and elaborated by jurists; there are still a lot of controversies with application of this principle. It is caused by a different degree of application in schools of law and conflict between jurists whether such analogy might be applied when the necessity in such application is clear. Thus, for instance, it is not clear why principle of justice embodied in Quran might not be equally applied to all subjects of Islamic state, be it Muslim or non-Muslim. Normally, Islamic jurist would object saying that since Quran is only for Muslims, its injunctions are only applicable to Muslims. There is no logic which might be applied but incoherence in reasoning, sometimes leading to absurd conclusions. Concluding Remarks In present chapter, we have discussed general legal conceptions that exist in Jordanian and Islamic law. There is a big difference between them because of the nature of legislation. Islamic law is mainly religious, whereas Jordanian is secular; even though Constitution claims that Islamic is a state religion. In majority of Islamic countries, a fact that Islamic is a religion of state is merely lip-service to Islamic as a religion of people. It does not go further than that, except some countries as Iran, Pakistan and Saudi Arabia. But even legislation of these countries demonstrates how secular they are in their nature. It does not however mean that Jordan lack of Islamic legal taste; there are some aspects of Islamic law in Jordanian legislation, as we have seen previously. The matters of marriage, divorce, inheritance and religious endowment are mainly under realms of Islamic law. Yet, on the other hands, similar matters that arise with other religious communities are decided based on their respective religious law. However, the matters which are related to arbitration and intellectual property are mainly based on secular, precisely on European model based laws. Therefore, purpose of forthcoming chapters will be to examine whether they comply with Islamic law in general. Arbitration System In Jordan And Compliance With Islamic Law And Its Implications For Intellectual Property Law This chapter summarizes the current state of arbitration system in Jordan and issue of its compliance with Islamic law. It is done with purpose to acquaint readers with main aspects of these systems and legislation, so he or she has full understanding when looking through forthcoming chapters. Arbitration In Jordan The arbitration process in Jordan is being regulated by special law Law No. 31 of 2001 otherwise called Jordan Arbitration Law. It is not unique; neither has it been adopted from international law, but from Egyptian Arbitration Act No. 27 of 1994, which in turn has been adopted from UNCITRAL Model Law 1985. The law consists of 7 parts and 56 articles. It can be structured thus: (1) General provisions (Articles 1-8); (2) Arbitration agreement (Articles 9-13); (3) Arbitration tribunal (Articles 14-23); (4) Arbitration proceedings (Articles 24-35); (5) Arbitral award and termination proceedings (Articles 36-47); (6) Nullity of arbitral award (Articles 48-51); (7) Enforcement of awards (Articles 52-56). The Art. 3 makes the scope of law absolute; it extends to any arbitration proceedings in Jordan and to any cases whether they derive from contractual dispute or not. Neither does it differentiate between commercial or civil disputes; both of them are within scope of this law. The Art. 5 allows not only contracting parties to choose the arbitration procedure but also a third party which shall be able to choose such procedure. The Art. 8 explicitly prohibits the intervention by state courts; yet, it stipulates that the arbitration tribunal may ask the intervention of state courts where former needs the participation of experts, witnesses, etc. As far as arbitration agreement is concerned, Art. 9 allows only those persons, be it physical or legal, which has legal capacity, to conclude such agreement. It does not allow arbitration on matters which are on â€Å"amiable compositeaur† basis. The arbitration agreement is valid only if in writing, according to Art. 10a, yet, the form of written agreement is flexible. It can be contained in exchange of letters, faxes, etc. It has been also reaffirmed by Jordanian Court of Cassation which stated: â€Å"the arbitration clause as established should be written, clear and explicit as well, by virtue of Article 10/A of the Arbitration Law No. 31of 2001†. The law also allows parties to render their dispute to arbitration whilst in state court, in which case state court has the right to refer to arbitration tribunal and its reference shall be viewed as arbitration agreement in writing. As far as arbitration tribunal concerned, Art. 14a and b, establishes that number of arbitrators shall be odd, otherwise it is void. If there is a disagreement between parties then number of arbitrators is three. Noteworthy, the law reaffirms the independence of arbitration clause, which is according to Art. 22, is not dependent on other clause of underlying contract. The language of arbitration proceedings is Arabic but law allows the use of another language or other languages upon consent of parties, according to Art. 28a. Most importantly, Art. 17 upheld the principle of impartiality and independence of arbitrators and in elaboration of this provision Court of Cassation further held: â€Å"all arbitral procedures, in which the challenged arbitrator has participated, including the arbitral award, shall be deemed void†. These are the major aspects of arbitration law in Jordan. Besides, Jordan has also ratified the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards by the virtue of Jordanian Court of Cassation, where it was remarked: â€Å"It is understood from the Article (2) of Enforcement of Foreign Judgments Law No. 8 of 1952 that the foreign arbitral award which has been enforced and ratified by the forum court , shall be enforceable in Jordan in accordance with all the clauses and requirements, and does not conflict with any of the stipulated provisions of Article (7) of the said law†. The ratification of New York Convention by Jordan should be viewed as positive development and attractive for the foreign companies who wish to deal with Jordanian companies or invest in Jordan. The same applies to IP disputes; any company which would challenge Jordanian company with the claim of breach of copyright or violation of other forms of intellectual property, are in convenience in the view of ratification of New York Convention. However, in his study of issues pertaining enforcement, Haddad critically commented: â€Å"Turning again to Jordanian Law which provides, as has just been seen, that a foreign award must be enforceable in the place in which it was issued, which means that the award should have been reduced to a judgment in the foreign country†. It implies that Jordanian legislation does not recognise validity of foreign judgement as enforceable in Jordan. But he noted that â€Å"this approach may be criticized since it may be difficult in practice or even impossible to achieve this goal in certain circumstances, particularly in institutional arbitration. In this type of arbitration, it may happen that the parties involved in the proceedings including the arbitrators, and all other relevant factors have no relation whatsoever with the place of arbitration except that the proceedings were conducted there. In such a case, the foreign court may reasonably reject to enforce the award rendered in its country, and that means that the award may not be enforced in Jordan either†. In such dubious situation, it is unclear how Jordanian legislation on arbitration would cope with this kind of problem. It seems to be paradoxical situation because award cannot be enforced either domestically or locally. It will also have some implication for enforcement of foreign arbitral awards on intellectual property rights since majority of arbitral awards may not be enforced in foreign country since its enforcement should be accomplished in Jordan because of object of dispute. In such case, it is difficult to predict how arbitration courts and moreover state courts would deal with it. Enforcement Of Foreign Arbitration Awards In Jordan One of the problems that foreign company may encounter in Jordan is the problem of enforcement of award related to IP cases in Jordan. It is clear that certain IP cases may intervene with public policy and in this regard it is nearly impossible to assert such possibility may not arise. IP legislation in Jordan being in immature position sometimes may not offer effective solutions for parties which are from different countries. In this regard, one should closely take a look at public policy issues in Jordan. According to IP legislation, certain names cannot be registered as trademarks in Jordan. However: what if the name of foreign company or brand coincides with the name trademark registration of which is illegal in Jordan? The company in this case would face difficulties in carrying out business and moreover it would face difficulties in enforcing award that has been rendered in foreign or international arbitration court. The case of Mitsubishi in U.S. showed how difficult it is to determine whether one case is subject to public policy or not. It has changed the contours of arbitrability in U.S. but the question arises: can such case have implication for Jordanian arbitration system? One can answer positively, but one would be confused when it comes to IP arbitration. IP arbitration, as it has been seen, is a difficult and complex matter. It cannot be simply adjusted as in the case of ordinary commercial arbitration. The IP legislation is diverse and this diversity may imply negative consequences for arbitration, since arbitrators should be expertise in all areas