Monday, January 27, 2020

Malaysia Maritime Environmental Issues and Its Impact

Malaysia Maritime Environmental Issues and Its Impact CHAPTER 1 INTRODUCTION 1.1 BACKGROUND Seas and oceans traditionally used by us to have all the source of rich, opportunity and abundance. The vast area of it has given us the aspiration either to use or to abuse it.   Most of the countries in this world are connected with sea and ocean, which make the line of communication and transportation easily done through it.   Many years ago while air transportation is impossible, transportation through land could take a month to reach. Sea and ocean line was used heavily either for trade, communication or expanding the power beyond the borders.   The increasing awareness by us has changed the point of view that the feel of appreciation which not only in a sense of importance for economy and social, but also in a sense of security.   Maritime security and safety issues are major and hot topics nowadays.   It is spoken all over the world, especially in this modern and globalise era where crime has no longer a matter of a single country but a matter concerning everybody.   It is borderless and at any time can happen anywhere.   Because of the large maritime area, this crime is very difficult to contain particularly in the area where the enforcement is less due to lack of security assets.   This situation worries the country, especially those are depending directly to the sea as a source of development. Maritime threats have existed ever since commerce went to sea.   Now, its just in what capacity and in what dimension.   Threat to maritime in aspect of maritime security and safety can be from any kind such as piracy, sea robbery, human trafficking, smuggling and others, which cover up to sea pollution.   Malaysias total sea area of 614,159 square kilometres is almost twice its landmass and the size of itsExclusive Economic Zone(EEZ) alone is 453,186 square kilometres.   An estimated 70 percent of the population lives along 4,800 kilometres of coastline area, which have rich ecosystem and biodiversity.]With these unique backgrounds, it has offered tremendous economic value and prospects to Malaysia.   Major economic activities are offshore petroleum, marine transport, marine tourism, fisheries and aquaculture. As a maritime nation, Malaysia is a party to a number of international conventions dealing with marine pollution, which laid down important rules to be followed by s tate parties to prevent and control marine pollution.   Some reports have concluded that the quality of marine environment and life in our country is showing signs of decline.According to Oxford Dictionary (7th edition) environmental issues can best define with something connected to natural conditions that affect behaviour and development of something.   To be more precise, environmental issues are negative aspects of human activity on the biophysical environment.   Few examples of maritime environmental issues are conservation, environmental degradation, environmental health, nanotechnology, nuclear issues, water pollution, air pollution and resource depletion.   To explain further, the definitions of environmental issues in law perspective as follows: Any direct or indirect alteration of the physical, thermal, chemical, or biological properties of any part of the environment by discharging, emitting, or depositing environmentally hazardous substances, pollutants or wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause a contravention of any condition, limitation or restriction. Royal Malaysian Navy (RMN) is one of the maritime agencies in Malaysia which one of the roles and functions is to safeguard our national interest.   Hence, theroles and functions are the bread and butter to the RMN, and of course it is not limiting the usage, freedom of manoeuvres in Malaysian waters for whatever reasons.   In connection to maritime environmental issues, the RMN has a strong sense of commitment in upholding the community values of Malaysia.   At the forefront of these values are respect for the environment and a growing need to ensure that naval operations are undertaken by sustainable methods and that the environment is preserved for future generations. 1.2 PROBLEM STATEMENT With the current capabilities and ageing of warships, RMN has a bigger issues to adhere to the rules and regulations with regards to environmental friendly and thus will affect the conduct of RMN Operations.Indeed there are inventions of new environmental friendly technologies and of course will increase operational efficiency, but due to the limited budget on national defence sector, RMN is to wisely maintain its own asset and at the same time parallel to environmental issue requirements. 1.3 OBJECTIVE S The objectives of this study as follows: To examine the relationship between Naval Operations and maritime environmental issues. To determine what is the negative factor contributes by RMN warships in relations to maritime environmental issues. To determine whether the capability of RMN in conducting operations isconstrainedby the current environmental policy and legislation. To suggest solutions towards the environment compliant warship without jeopardizing required operations. 1.4 SIGNIFICANCE OF THE STUDY RMN warships are not much different with any commercial vessel and thus should comply withenvironmental regulations such as the Environment Quality Act 1974.   Due to the integrity, RMN should set a very good example in complying not only to the act, but to adhere to the United Nations Convention on the Law of the Sea (UNCLOS) 1982 and a number of international maritime environmental conventions in order to portray a good image to the public.   RMN warships should be able to operate without restriction in ports or open seas.   Due to some intensive measures on environmental issues, there aresome restrictions and constraint on naval activity with regards to ships design and conduct of operations.   Hence, the study should be able to determine the best solution for win-win situation. 1.5 LITERATURE REVIEW The literature of the research mainly based on environmental thesis papers,which havebeen done by scholars as a reference.   Generally, the literature addresses Malaysias environmental qualities, environmental justice and common public attitudes towards the environment.   It is further discussed about policies, practices and Malaysias commitment to international agreements which to be scrutinized.   The literature as well as provides information with regards to consequences of the fast track style of development on our natural resources, health, quality of life and ecosystems. 1.6 LIMITATIONS OF THE STUDY The preparation of this research paper is based on the secondary data,mainly from books and other published articles.   Most of the material from military references are classified Restricted.   Therefore, limits the research on the subject matter. Time constrained is the biggest setback and hindered a more commendable study of the existing issues. 1.7 METHOD AND SOURCES The primary method will be through literature research.   Therefore, the sources will be published books and journal articles spanning the subject areas of Malaysia Environment Issues and RMN Operations.   Newspaper articles, speeches by relevant personalities and interviews will also be sought after.   Information will also be extracted from official governmental or organisation websites. 1.8 CHAPTER OUTLINE The paper will be organised into five chapters as follows: Chapter 1 : Introduction . This chapter is the introduction of the subject and layout of the paper. Chapter 2 : Maritime Operations .   This chapter will elaborate the concept and conduct of Naval Operations focusing on the RMN. Chapter 3 : Existing Maritime Environmental Issues and Degree of RMN Compliance .   This chapter examines a series of environmental issues, related to shipping design and operation.Its further discuss the degree of compliance for each issue, against existing environmental legislation and regulations. Chapter 4 : Impacts to RMN .   This chapter will discuss the impact on RMN current operations and to determine whether the capability of RMN in conducting operations is constrained by the current environmental policy and legislation. Chapter 5 : Conclusion .   This chapter includes a discussion on the possible outcomes and to suggest solutions towards an environment compliant warship without jeopardizing required operations. CHAPTER 2 MARITIME OPERATIONS 2.1 INTRODUCTION During the course of recorded history, mankind has perpetually looked towards the sea as a provider of nourishment, as a channel for trade and for the migration of people, culture or idea. The last three millennia has witnessed the development of maritime craft from simple design to the fully computerised ships of the modern day era.   In relation to safe guard maritime national security, warship has been designed and developed as a symbol of supremacy and struggle for control of the seas and trade influence in faraway lands.   Warships have been instruments of both good and evil and have influenced the evolution of mankind.   As a maritime nation, Malaysia is not excluded in enhancing and developing its naval capabilities.   Located at the crossroads of Southeast Asia and the sea are seen as an increasingly important factor in the economic and security aspect of this country. The Royal Malaysian Navy (RMN) started from humble beginnings with a rudimentary naval force of coal burning launches and small coastal patrol boats during the colonial time.   Today, the RMN fleet comprises an assortment of modern warships, submarines and naval helicopters armed with state of the art command, control, communication, computers and information (C4I) armed with long-range guided missiles and protected by the most modern electronic warfare systems.   This has completed the metamorphosis of RMN from the coastal Brown Water Navy into a Blue Water Navy, a modern armada. In order to parallel with its vision ‘To be a World Class Navy (Always Excellent), RMN have to be a committed organisation, competent, forward looking, strive for quality and always seek for continuous improvement in managing its own source and technology.   Presently, the roles of the RMN are two-fold; during wartime, the RMN is to ensure the maritime sovereignty of Malaysia while during peacetime, its role is to protect the nations maritime interest that included Malaysias offshore resources, especially oil and gas, shipping and fishing. Since environmental issues are a major challenge and concern throughout the world, the RMN has to develop its operations toward supporting the environmental friendly. 2.2 NAVAL OPERATIONS Naval operations will be the largest contributor toward the maritime environmental issues if it is not being tackled well.   To narrow down the scope of this research, the focus and discussions will be towards the RMN operations.   Every naval exercise always associated with the universal role known as ‘The Trinity of Naval Functions (Figure 2.1) namely military, constabulary and diplomacy.   The first role is the military which is to enforce of state sovereignty and defend the national jurisdictions in the sea by way of control and deterrence at sea.   Secondly is constabulary roles, the navy carried this to enforce the security and law to protect marine resources and the national marine wealth, to maintain order at sea and to support the national development.   The third role is diplomacy. Naval forces are the visible mobile and potent symbols of the nation state and such are the useful instruments of foreign policy.   These roles and functions are the bread and b utter to the RMN, and of course it is not limiting the usage, freedom of manoeuvres in Malaysian waters for whatever reasons. 2.3 MARITIME WARFARE AREAS Malaysia as a maritime nation is the facts that cant be argued about.   The sea area is larger than the land mass and a unique feature of being a country split by an ocean supporting the facts.   Malaysia is divided by the South China Sea into two main land masses namely the Peninsular Malaysia on the western side and Sabah and Sarawak on the eastern side.   These two land masses are being separated by more than 1000 kilometres of navigable waters.   Malaysia and the nations of the region are reliant on the sea for transportation; they draw greatly on the maritime environment for living and mineral resources.   Maritime forces have significant access and control in our region.Thus, Malaysia requires maritime forces able of curb the challenges of our strategic geographical conditions. The RMN is essentially responsible for protecting Malaysias maritime interest.   To meet these tasks, the RMN is provided with various assets ranging from old and obsolete patrol craft to the most modern and highly sophisticated state of the art frigates and corvettes capable of carrying out all the four dimensions of naval warfare, namely surface, sub-surface, air and electronic warfare. 2.3.1 Anti Surface Warfare ( ASu W ) The main dimension of Naval Operations is ASuW defined as follows: The actions necessary to detect, identify and counter an adversarys surface capability.   ASuW operations, which may include sea control and sea denial operations, disruption of Sea Lane of Communications (SLOCs), defence offriendly forces from surface attack, or a combination of all, seek toensure that the necessaryaction are conducted in a timely fashion, denying any adversary the ability to employ forces in an effective manner. Thus, freedom of manoeuvre and able to sustain long period of operations is the major requirements for the RMN warships. 2.3.2 Anti Submarine Warfare (ASW) In order to counter subsurface threat, RMN warships must be able to detect the enemy using any available sensors.   Therefore to locate a submarine requires a very hectic and thorough procedure which this will requires warships to stay longer at operational area.   The elements of ASW as follows: ASW comprises operations with the intention of denying the opponent the effective use of submarines.   The ASW protection of a force depends on defence in depth and close coordination between ships, helicopters, Maritime Patrol Aircraft (MPA), shore-based facilities and friendly submarines.   The complexity of such coordination and the special environmental factor involved makes the submarine threat one of the most difficult problems to counter. 2.3.3 Anti Air Warfare (AAW) Warships are vulnerable once detected at the open sea, therefore it exposed to be attacked, AAW in the maritime situation required fast reactionof its sensors and personnel, in order to counter the threat.   The purpose of AAW is defined as: Is the term used for the defence of friendly forces against the threat of aircraft and airborne weapon, whether launched from air, surface, or submarine platforms.   AAW is the maritime term for defensive counter air operations and is part of the joint air defence system.   AAW is based on the principle of defence in depth and layered defence, defeating air attacks at the maximum possible distance from maritime forces 2.3.4 Electronic Warfare (EW) In EW, an electromagnetic and acoustic spectrum is being exploited as to integrate to the various warfare areas, such as AAW, ASUW and ASW.   Warships and aircraft are equipped with a variety of systems that utiliseor exploit the electromagnetic and acoustic spectrums in order to give early information on enemy position [24] and activities. 2.4 RMN IN RELATION TO THE ENVIRONMENTAL ISSUES Being a small navy, the RMN needs to evolve to remain relevant.   It has to create a credible force encompassing an integrated system of ships, aircraft, submarines and well trained personnel, but resource are increasingly scarce.   To stay ahead, the RMN has to do more with less.   In other words, one of the RMN challenges is to stay ahead by achieving improvement through the application of creative and innovative solutions and making all round improvements continuously.   The other challenges are the need to adopt technological advancement, continuous upgrading of the existing fleet to ensure the highest state of readiness and effectiveness and achieving synergy in the future warfare scenario.   The procurement of new technologies and upgrading of its asset must parallel with the environmental friendly requirements. In 1994, the EarthCheck Global Standard was established by the travel and tourism industry to provide a mechanism for the promotion of environmentally sustainable tourism.   It is also demonstrating a commitment towards environmental and social responsibilities, better environmental risk management procedures and asset protection.   With the current awareness towards meeting the growing environmental requirement for compliance, RMN has started with KD LEKIU and KD SRI INDERASAKTI as a pioneer.   The bold action by the RMN is influences by following factors: The RMN ships will acknowledge as no different than other commercial vessels and thus its will bind to the same rules and regulations. Environmental issues are currently complex and need special attention and requiring effective and flexible long-range planning. It is difficult to forecast the environmental requirement due to ageing if warships in order to develop appropriate responses. The international community is increasingly applying a coordinated global approach to foster marine environmental issues.   Thus, the RMN should portray a good image in addressing the problem a pro-active way. Strict rules and regulations in controlling the marine pollution are now being implemented in coastal areas and also being expanded on the high seas. The RMN approaches toward environmental friendly warships is unable to meet the complex challenges of environmental compliance.   More strategic and forward-looking plan for future ships is to be implemented. The RMN approach toward environmental friendly warships is eventually costly and may sometimes endanger the health of service personnel as well as operational effectiveness. A better environmental compliant warship design is much more significant due to the good return of investment in operational and cost benefits.   It will not have to rely on shore support for waste management. Apart from these commitments, warships basically having the privileges of sovereign immunity and special exemption as discuss below. Complete exemption of warships and other ships owned or operated by a State and used only on government non-commercial service from the application of the convention so far as both main rules and enforcement provision are concerned. Having said that, the RMN has a strong sense of commitment in upholding the community values of Malaysia, thus naval operations are properly planned as to suite the environmental stewardship in order to preserve it for future generations and therefore,will give the RMN a fine record.   It appears that there were operational benefits from sound environmental practices and the RMN is slowly to adopt this concept.   2.5 CONCLUSION In conclusions Maritime Operations is a challenging business.   Having a vast area of operations with a multi faceted of the threat, the RMN continuously been challenged by the new development such as the rise of non-traditional maritime security issues and the complexity of maritime environmental issues.   Maritime operations, parallel with environmental issues will provide a better solution in managing the maritime security issues.   In another case, it will give some operational benefit to the RMN since every item onboard has been well maintained and the operational requirementsare easily tackled. Apart from having the special privileges and immunity of warships, the RMN should not take this advantage to take part as one of the environmental non-compliance conducts.   As to progress toward environmental stewardship, the RMN therefore should act like no different than international ocean shipping, which binds to the rules and regulations as to uphold the community values of Malaysia. CHAPTER 3 EXISTING MARITIME ENVIRONMENTAL ISSUES AND DEGREE OF RMN COMPLIANCE 3.1 INTRODUCTION The RMN warship is no different than other international oceans shipping all over the world; more or less it would contribute to the effect of the environmental issues.   Most studies have found that the international ocean shipping industry accounts for roughly three percent of global greenhouse gas emissions.   This means that if the ocean shipping industry were a country, it would rank seventh in the world in emissions.   Its shows that more or less ocean shipping industry contributed to environmental problems, hence warships are not excluded.   Even though warship has been thoroughly design, but it still contributes to some extend the environmental effect while doing their operational task.   As we go through our daily life, which is increasingly becoming fast paced and hectic, only a few of us take a time out to look around and notice the devastating effects of modem civilization on the environment.   The environment has to sustain not only the basic human needs for survival but also the conversion of raw materials into goods and services. Ensure continuous improvement in the productivity and quality of the environment while pursuing economic growth and human development. Ensure the highest commitment to environmental protection and accountability by all decision makers in the public and private sectors, resource users, non-governmental organisations and the general public, in formulating, planning and implementing their activities. Based on above principles in Malaysia National Policy on the Environment, the RMN is yet to adopt this principle officially because the negative aspect to the environment is very minute, but in a long term period the effect will slowly affect the environment, and this will de discuss further in following paragraph.   Therefore, planning and implementing activities from designing of warships to the way executioner part of the operations are to be monitored and suit to the highest commitment of environmental protection. Malaysia has a sound and viable National Environmental Policy and adequate legal regime to cope with challenges of the present day marine pollution issues   The protection of the marine environment and degree of the RMN compliance were based on Environmental Quality Act 1974, Merchant Shipping Ordinance 1952, Merchant Shipping Oil Pollution Act 1994, Exclusive Economic Zone Act 1984 and Fisheries Act 1985. 3.2 RELATED MARITIME ENVIRONMENTAL ISSUES Threats to the environment are an increasing concern for states, societies and the international community. In relations to naval operations, below are the related maritime environmental issue which more or less hascontributed to the emerging problems. 3.2.1 Water Pollution Water pollution may be less conspicuous than the solid waste pollution, but it is probably even more dangerous.   This is partly because a wider range of harmful chemicals falls in this category and partly because it is more mobile as compared to the solid waste materials.   With regard to marine environmental issues, liquid pollutants are generated from ships and offshore installations.   Liquids are simply dumped into the oceans without any treatment.   One of the most common liquid wastes is sewage.   In many cases sewage is discharged to the sea without any treatment, which will create disease producing bacteria thus the plant and animal life in it cannot survive and the water becomes anoxic or lifeless. 3.2.2 Air Pollution and Degradation of the Atmosphere Air pollution is one of the toxic forms that affect the environment.   Air, by far, is the most important aspect to human life.Air pollution and air quality has become a huge topic in the world today.   The air quality is different depending on your location where about.   For examples, Los Angeles is very smoggy and has poor quality versus the forests of Brazil that have very clean air, meanwhile Kuala Lumpur is experiencing seasonal haze from month of July to October every year.   Polluting the air with any kind of foreignmaterial such as carbon dioxide, sulphur dioxide, carbon mono-oxide, hydrogen sulphide, volatile organic compounds, chlorine, chloroform, chlorinedioxide and making environment dangerous to live for living species is called air pollution. Air pollution is actually the accumulation of any unsafe substances to the atmosphere, which causes the destructive of the environment, human health and the quality of life.   The increasing of shipping industries has increased in air pollution and even though ships are operating far from land, more or less it has contributed to the increase in the death rates resulting from various diseases caused by air pollution varying from breathing problem to lung cancer. Air pollution does not only affect people, but it also damages the whole ecological system in which plants and animals are harmed as well. Air pollution has reached such a critical stage where it affects the earths atmosphere as it lets in more harmful radiation from the sun. Consequently, our polluted atmosphere is becoming a better insulator, thus, preventing heat from escaping back into space. That is why there is a global rise in temperature, which scientists refer to as ‘global warming.   Pursuant to this rise i n temperature the world food supply and sea level will be affected, also there is the probability of the increase in the tropical disease. Air pollution also has a dramatic effect on natural resources.   Ecosystems such as forests, wetlands, coral reefs, and rivers perform many important services for Earths environment.   They enhance water and air quality, provide habitat for plants and animals, and provide food and medicines. Any or all of these ecosystem functions may be impaired or destroyed by air pollution.   Moreover, because of the complex relationships among the many types of organisms and ecosystems, environmental contamination may have far-reaching consequences that are not immediately obvious or that are difficult to predict. 3.2.3 Global Warming The excessive production of Carbon dioxide to the environment is one of the factors that have affected the ozone layer.Thus it willprevent some amount of solar energy from being radiated back to space. This phenomenon is known as the greenhouse effect which leads to global warming.Among the industrialized countries, USA, Russia, Japan and France are the largest contributors to this menace.USA alone accounts for 42% of the total carbon dioxide emission all over the wor1d.Most countries in this region like Malaysia and Indonesia are rapidly approaching the emission levels recorded.As of now a rise of average atmospheric temperature has been reported over the past 75 years and is likely to continue into the next century. Global warming has resulted in shrinking of glaciers and ice sheets; a rise of 6 to 37inches in the mean sea level is predicted by the year 2100.Low lying countries within this region such as Bangladesh and Indonesia risk getting submerged by the rising sea levels. Glob al warming will aggravate the water crisis in summer months. It would also lead to expansion of geographical range of tropical pests and will increase the chances of forest fires. 3.2.4 Ozone Depletions The stratospheric ozone layer existing between altitudes of 12 to 35 kilometres is considered as a protective shield or an umbrella for the earth because it prevents the ultraviolet rays from reaching the surface of the earth.In the absence of this layer, no life would be possible because the sun rays would raise the temperature of the lower atmosphere making the earth a blast furnace. The importance of the ozone layer came to light in 1985 when a hole was detected over Antarctica.Chloro Flouro Carbons or CFCs are the group of the gases, which are largely responsible for the depletion of the ozone layer. These synthetic chemicals are widely used as propellants in spray cans, air conditions and refrigerators. Thus CFCs in addition to carbon dioxide, methane and nitrous oxide are termed as greenhouse gases as they all contribute to the greenhouse effect. In addition to this, Ozone layer depletion has caused a definite rise in the cases of skin cancer it is estimated by the World Health Organization (WHO) that 12% decrease in the ozone layer would cause skin cancer in up to half a million people per annum. 3.2.5 Acid Rain Acid rain is the serious pollution hazard. It causes irreparable damage to agricultural crops, forests, aquatic life and even the human body. It corrodes buildings, pollutes the drinking water and degrades soil. Major sources of sulphur dioxide emission are thermal power plants, crude oil refineries and automobiles, which together account for 50% of the sulphur dioxide pollution.Rainwater of pH less than 5.6 is considered acidic. Emissions of waste gases from industries, vehicle exhausts and power generation are causes of rainwater acidity.When the pH levels of lakes and rivers fall below about 5.5, many species of fish will die, and this in turn is followed by changes in the ecosystem.Acid rain is corrosive to metals such as iron and zinc roof, marble and limestone.Low pH values have been attributed by an increased in industrial activity and large numbers of motor vehicles emitting considerable amounts of sulphur and nitrogen compounds into the atmosphere.Acid rain is detrimental to life and life-support systems. Acidity is measured by hydrogen ion concentration, designated as pH, and is measured on a scale of 1 to 14. A pH value below 7 is acidic, and above 7 is alkaline.Rain acidity in Peninsular Malaysia is on the rise and the number of areas affected by acid rain is growing. Studies by the Meteorological Service Department exposed that, to date the acid rain is becomingworrying environmental problem. 3.3 BINDING LAWS Most of the international environmental law is based on agreement or treaty.With regard to the protection of the marine environment, Malaysia adheres to a number of international conventions. The treaties are as follows: United Nations Convention on the Law of the Sea (UNCLOS), 1982. Maritime Pollutions Convention (MARPOL), 73/78. International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC), 1990. International Convention on Civil Liability for Oil Pollution Damage, 1992. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992. Treaties are made to be performed. ‘Pacta sunt servanda or the rule that treaties arebinding on the parties and must be performed in good faith is the fundamental principle of customary international law. This principle has been reaffirmed in Article 26 of theVienna Convention on the law of Treaties 1969, ‘Every treaty in force is binding uponthe parties to it and must be performed in good faith. Therefore, Malaysia is obliged to the binding laws and thus not excluding the RMN in this context. This paper will only discuss one domestic rule and twointernational treaties as to examine and relate the degree of the RMN compliance in environmental issues. 3.3.1 Exclusive Economic Zone (EEZ) Act 1984 The Exclusive Economic Zone Act 1984 is an important Malaysian statute devised to implement certain aspects of the UNCLOS 1982.Part IV of the EEZ Act deals with p Malaysia Maritime Environmental Issues and Its Impact Malaysia Maritime Environmental Issues and Its Impact CHAPTER 1 INTRODUCTION 1.1 BACKGROUND Seas and oceans traditionally used by us to have all the source of rich, opportunity and abundance. The vast area of it has given us the aspiration either to use or to abuse it.   Most of the countries in this world are connected with sea and ocean, which make the line of communication and transportation easily done through it.   Many years ago while air transportation is impossible, transportation through land could take a month to reach. Sea and ocean line was used heavily either for trade, communication or expanding the power beyond the borders.   The increasing awareness by us has changed the point of view that the feel of appreciation which not only in a sense of importance for economy and social, but also in a sense of security.   Maritime security and safety issues are major and hot topics nowadays.   It is spoken all over the world, especially in this modern and globalise era where crime has no longer a matter of a single country but a matter concerning everybody.   It is borderless and at any time can happen anywhere.   Because of the large maritime area, this crime is very difficult to contain particularly in the area where the enforcement is less due to lack of security assets.   This situation worries the country, especially those are depending directly to the sea as a source of development. Maritime threats have existed ever since commerce went to sea.   Now, its just in what capacity and in what dimension.   Threat to maritime in aspect of maritime security and safety can be from any kind such as piracy, sea robbery, human trafficking, smuggling and others, which cover up to sea pollution.   Malaysias total sea area of 614,159 square kilometres is almost twice its landmass and the size of itsExclusive Economic Zone(EEZ) alone is 453,186 square kilometres.   An estimated 70 percent of the population lives along 4,800 kilometres of coastline area, which have rich ecosystem and biodiversity.]With these unique backgrounds, it has offered tremendous economic value and prospects to Malaysia.   Major economic activities are offshore petroleum, marine transport, marine tourism, fisheries and aquaculture. As a maritime nation, Malaysia is a party to a number of international conventions dealing with marine pollution, which laid down important rules to be followed by s tate parties to prevent and control marine pollution.   Some reports have concluded that the quality of marine environment and life in our country is showing signs of decline.According to Oxford Dictionary (7th edition) environmental issues can best define with something connected to natural conditions that affect behaviour and development of something.   To be more precise, environmental issues are negative aspects of human activity on the biophysical environment.   Few examples of maritime environmental issues are conservation, environmental degradation, environmental health, nanotechnology, nuclear issues, water pollution, air pollution and resource depletion.   To explain further, the definitions of environmental issues in law perspective as follows: Any direct or indirect alteration of the physical, thermal, chemical, or biological properties of any part of the environment by discharging, emitting, or depositing environmentally hazardous substances, pollutants or wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety, or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause a contravention of any condition, limitation or restriction. Royal Malaysian Navy (RMN) is one of the maritime agencies in Malaysia which one of the roles and functions is to safeguard our national interest.   Hence, theroles and functions are the bread and butter to the RMN, and of course it is not limiting the usage, freedom of manoeuvres in Malaysian waters for whatever reasons.   In connection to maritime environmental issues, the RMN has a strong sense of commitment in upholding the community values of Malaysia.   At the forefront of these values are respect for the environment and a growing need to ensure that naval operations are undertaken by sustainable methods and that the environment is preserved for future generations. 1.2 PROBLEM STATEMENT With the current capabilities and ageing of warships, RMN has a bigger issues to adhere to the rules and regulations with regards to environmental friendly and thus will affect the conduct of RMN Operations.Indeed there are inventions of new environmental friendly technologies and of course will increase operational efficiency, but due to the limited budget on national defence sector, RMN is to wisely maintain its own asset and at the same time parallel to environmental issue requirements. 1.3 OBJECTIVE S The objectives of this study as follows: To examine the relationship between Naval Operations and maritime environmental issues. To determine what is the negative factor contributes by RMN warships in relations to maritime environmental issues. To determine whether the capability of RMN in conducting operations isconstrainedby the current environmental policy and legislation. To suggest solutions towards the environment compliant warship without jeopardizing required operations. 1.4 SIGNIFICANCE OF THE STUDY RMN warships are not much different with any commercial vessel and thus should comply withenvironmental regulations such as the Environment Quality Act 1974.   Due to the integrity, RMN should set a very good example in complying not only to the act, but to adhere to the United Nations Convention on the Law of the Sea (UNCLOS) 1982 and a number of international maritime environmental conventions in order to portray a good image to the public.   RMN warships should be able to operate without restriction in ports or open seas.   Due to some intensive measures on environmental issues, there aresome restrictions and constraint on naval activity with regards to ships design and conduct of operations.   Hence, the study should be able to determine the best solution for win-win situation. 1.5 LITERATURE REVIEW The literature of the research mainly based on environmental thesis papers,which havebeen done by scholars as a reference.   Generally, the literature addresses Malaysias environmental qualities, environmental justice and common public attitudes towards the environment.   It is further discussed about policies, practices and Malaysias commitment to international agreements which to be scrutinized.   The literature as well as provides information with regards to consequences of the fast track style of development on our natural resources, health, quality of life and ecosystems. 1.6 LIMITATIONS OF THE STUDY The preparation of this research paper is based on the secondary data,mainly from books and other published articles.   Most of the material from military references are classified Restricted.   Therefore, limits the research on the subject matter. Time constrained is the biggest setback and hindered a more commendable study of the existing issues. 1.7 METHOD AND SOURCES The primary method will be through literature research.   Therefore, the sources will be published books and journal articles spanning the subject areas of Malaysia Environment Issues and RMN Operations.   Newspaper articles, speeches by relevant personalities and interviews will also be sought after.   Information will also be extracted from official governmental or organisation websites. 1.8 CHAPTER OUTLINE The paper will be organised into five chapters as follows: Chapter 1 : Introduction . This chapter is the introduction of the subject and layout of the paper. Chapter 2 : Maritime Operations .   This chapter will elaborate the concept and conduct of Naval Operations focusing on the RMN. Chapter 3 : Existing Maritime Environmental Issues and Degree of RMN Compliance .   This chapter examines a series of environmental issues, related to shipping design and operation.Its further discuss the degree of compliance for each issue, against existing environmental legislation and regulations. Chapter 4 : Impacts to RMN .   This chapter will discuss the impact on RMN current operations and to determine whether the capability of RMN in conducting operations is constrained by the current environmental policy and legislation. Chapter 5 : Conclusion .   This chapter includes a discussion on the possible outcomes and to suggest solutions towards an environment compliant warship without jeopardizing required operations. CHAPTER 2 MARITIME OPERATIONS 2.1 INTRODUCTION During the course of recorded history, mankind has perpetually looked towards the sea as a provider of nourishment, as a channel for trade and for the migration of people, culture or idea. The last three millennia has witnessed the development of maritime craft from simple design to the fully computerised ships of the modern day era.   In relation to safe guard maritime national security, warship has been designed and developed as a symbol of supremacy and struggle for control of the seas and trade influence in faraway lands.   Warships have been instruments of both good and evil and have influenced the evolution of mankind.   As a maritime nation, Malaysia is not excluded in enhancing and developing its naval capabilities.   Located at the crossroads of Southeast Asia and the sea are seen as an increasingly important factor in the economic and security aspect of this country. The Royal Malaysian Navy (RMN) started from humble beginnings with a rudimentary naval force of coal burning launches and small coastal patrol boats during the colonial time.   Today, the RMN fleet comprises an assortment of modern warships, submarines and naval helicopters armed with state of the art command, control, communication, computers and information (C4I) armed with long-range guided missiles and protected by the most modern electronic warfare systems.   This has completed the metamorphosis of RMN from the coastal Brown Water Navy into a Blue Water Navy, a modern armada. In order to parallel with its vision ‘To be a World Class Navy (Always Excellent), RMN have to be a committed organisation, competent, forward looking, strive for quality and always seek for continuous improvement in managing its own source and technology.   Presently, the roles of the RMN are two-fold; during wartime, the RMN is to ensure the maritime sovereignty of Malaysia while during peacetime, its role is to protect the nations maritime interest that included Malaysias offshore resources, especially oil and gas, shipping and fishing. Since environmental issues are a major challenge and concern throughout the world, the RMN has to develop its operations toward supporting the environmental friendly. 2.2 NAVAL OPERATIONS Naval operations will be the largest contributor toward the maritime environmental issues if it is not being tackled well.   To narrow down the scope of this research, the focus and discussions will be towards the RMN operations.   Every naval exercise always associated with the universal role known as ‘The Trinity of Naval Functions (Figure 2.1) namely military, constabulary and diplomacy.   The first role is the military which is to enforce of state sovereignty and defend the national jurisdictions in the sea by way of control and deterrence at sea.   Secondly is constabulary roles, the navy carried this to enforce the security and law to protect marine resources and the national marine wealth, to maintain order at sea and to support the national development.   The third role is diplomacy. Naval forces are the visible mobile and potent symbols of the nation state and such are the useful instruments of foreign policy.   These roles and functions are the bread and b utter to the RMN, and of course it is not limiting the usage, freedom of manoeuvres in Malaysian waters for whatever reasons. 2.3 MARITIME WARFARE AREAS Malaysia as a maritime nation is the facts that cant be argued about.   The sea area is larger than the land mass and a unique feature of being a country split by an ocean supporting the facts.   Malaysia is divided by the South China Sea into two main land masses namely the Peninsular Malaysia on the western side and Sabah and Sarawak on the eastern side.   These two land masses are being separated by more than 1000 kilometres of navigable waters.   Malaysia and the nations of the region are reliant on the sea for transportation; they draw greatly on the maritime environment for living and mineral resources.   Maritime forces have significant access and control in our region.Thus, Malaysia requires maritime forces able of curb the challenges of our strategic geographical conditions. The RMN is essentially responsible for protecting Malaysias maritime interest.   To meet these tasks, the RMN is provided with various assets ranging from old and obsolete patrol craft to the most modern and highly sophisticated state of the art frigates and corvettes capable of carrying out all the four dimensions of naval warfare, namely surface, sub-surface, air and electronic warfare. 2.3.1 Anti Surface Warfare ( ASu W ) The main dimension of Naval Operations is ASuW defined as follows: The actions necessary to detect, identify and counter an adversarys surface capability.   ASuW operations, which may include sea control and sea denial operations, disruption of Sea Lane of Communications (SLOCs), defence offriendly forces from surface attack, or a combination of all, seek toensure that the necessaryaction are conducted in a timely fashion, denying any adversary the ability to employ forces in an effective manner. Thus, freedom of manoeuvre and able to sustain long period of operations is the major requirements for the RMN warships. 2.3.2 Anti Submarine Warfare (ASW) In order to counter subsurface threat, RMN warships must be able to detect the enemy using any available sensors.   Therefore to locate a submarine requires a very hectic and thorough procedure which this will requires warships to stay longer at operational area.   The elements of ASW as follows: ASW comprises operations with the intention of denying the opponent the effective use of submarines.   The ASW protection of a force depends on defence in depth and close coordination between ships, helicopters, Maritime Patrol Aircraft (MPA), shore-based facilities and friendly submarines.   The complexity of such coordination and the special environmental factor involved makes the submarine threat one of the most difficult problems to counter. 2.3.3 Anti Air Warfare (AAW) Warships are vulnerable once detected at the open sea, therefore it exposed to be attacked, AAW in the maritime situation required fast reactionof its sensors and personnel, in order to counter the threat.   The purpose of AAW is defined as: Is the term used for the defence of friendly forces against the threat of aircraft and airborne weapon, whether launched from air, surface, or submarine platforms.   AAW is the maritime term for defensive counter air operations and is part of the joint air defence system.   AAW is based on the principle of defence in depth and layered defence, defeating air attacks at the maximum possible distance from maritime forces 2.3.4 Electronic Warfare (EW) In EW, an electromagnetic and acoustic spectrum is being exploited as to integrate to the various warfare areas, such as AAW, ASUW and ASW.   Warships and aircraft are equipped with a variety of systems that utiliseor exploit the electromagnetic and acoustic spectrums in order to give early information on enemy position [24] and activities. 2.4 RMN IN RELATION TO THE ENVIRONMENTAL ISSUES Being a small navy, the RMN needs to evolve to remain relevant.   It has to create a credible force encompassing an integrated system of ships, aircraft, submarines and well trained personnel, but resource are increasingly scarce.   To stay ahead, the RMN has to do more with less.   In other words, one of the RMN challenges is to stay ahead by achieving improvement through the application of creative and innovative solutions and making all round improvements continuously.   The other challenges are the need to adopt technological advancement, continuous upgrading of the existing fleet to ensure the highest state of readiness and effectiveness and achieving synergy in the future warfare scenario.   The procurement of new technologies and upgrading of its asset must parallel with the environmental friendly requirements. In 1994, the EarthCheck Global Standard was established by the travel and tourism industry to provide a mechanism for the promotion of environmentally sustainable tourism.   It is also demonstrating a commitment towards environmental and social responsibilities, better environmental risk management procedures and asset protection.   With the current awareness towards meeting the growing environmental requirement for compliance, RMN has started with KD LEKIU and KD SRI INDERASAKTI as a pioneer.   The bold action by the RMN is influences by following factors: The RMN ships will acknowledge as no different than other commercial vessels and thus its will bind to the same rules and regulations. Environmental issues are currently complex and need special attention and requiring effective and flexible long-range planning. It is difficult to forecast the environmental requirement due to ageing if warships in order to develop appropriate responses. The international community is increasingly applying a coordinated global approach to foster marine environmental issues.   Thus, the RMN should portray a good image in addressing the problem a pro-active way. Strict rules and regulations in controlling the marine pollution are now being implemented in coastal areas and also being expanded on the high seas. The RMN approaches toward environmental friendly warships is unable to meet the complex challenges of environmental compliance.   More strategic and forward-looking plan for future ships is to be implemented. The RMN approach toward environmental friendly warships is eventually costly and may sometimes endanger the health of service personnel as well as operational effectiveness. A better environmental compliant warship design is much more significant due to the good return of investment in operational and cost benefits.   It will not have to rely on shore support for waste management. Apart from these commitments, warships basically having the privileges of sovereign immunity and special exemption as discuss below. Complete exemption of warships and other ships owned or operated by a State and used only on government non-commercial service from the application of the convention so far as both main rules and enforcement provision are concerned. Having said that, the RMN has a strong sense of commitment in upholding the community values of Malaysia, thus naval operations are properly planned as to suite the environmental stewardship in order to preserve it for future generations and therefore,will give the RMN a fine record.   It appears that there were operational benefits from sound environmental practices and the RMN is slowly to adopt this concept.   2.5 CONCLUSION In conclusions Maritime Operations is a challenging business.   Having a vast area of operations with a multi faceted of the threat, the RMN continuously been challenged by the new development such as the rise of non-traditional maritime security issues and the complexity of maritime environmental issues.   Maritime operations, parallel with environmental issues will provide a better solution in managing the maritime security issues.   In another case, it will give some operational benefit to the RMN since every item onboard has been well maintained and the operational requirementsare easily tackled. Apart from having the special privileges and immunity of warships, the RMN should not take this advantage to take part as one of the environmental non-compliance conducts.   As to progress toward environmental stewardship, the RMN therefore should act like no different than international ocean shipping, which binds to the rules and regulations as to uphold the community values of Malaysia. CHAPTER 3 EXISTING MARITIME ENVIRONMENTAL ISSUES AND DEGREE OF RMN COMPLIANCE 3.1 INTRODUCTION The RMN warship is no different than other international oceans shipping all over the world; more or less it would contribute to the effect of the environmental issues.   Most studies have found that the international ocean shipping industry accounts for roughly three percent of global greenhouse gas emissions.   This means that if the ocean shipping industry were a country, it would rank seventh in the world in emissions.   Its shows that more or less ocean shipping industry contributed to environmental problems, hence warships are not excluded.   Even though warship has been thoroughly design, but it still contributes to some extend the environmental effect while doing their operational task.   As we go through our daily life, which is increasingly becoming fast paced and hectic, only a few of us take a time out to look around and notice the devastating effects of modem civilization on the environment.   The environment has to sustain not only the basic human needs for survival but also the conversion of raw materials into goods and services. Ensure continuous improvement in the productivity and quality of the environment while pursuing economic growth and human development. Ensure the highest commitment to environmental protection and accountability by all decision makers in the public and private sectors, resource users, non-governmental organisations and the general public, in formulating, planning and implementing their activities. Based on above principles in Malaysia National Policy on the Environment, the RMN is yet to adopt this principle officially because the negative aspect to the environment is very minute, but in a long term period the effect will slowly affect the environment, and this will de discuss further in following paragraph.   Therefore, planning and implementing activities from designing of warships to the way executioner part of the operations are to be monitored and suit to the highest commitment of environmental protection. Malaysia has a sound and viable National Environmental Policy and adequate legal regime to cope with challenges of the present day marine pollution issues   The protection of the marine environment and degree of the RMN compliance were based on Environmental Quality Act 1974, Merchant Shipping Ordinance 1952, Merchant Shipping Oil Pollution Act 1994, Exclusive Economic Zone Act 1984 and Fisheries Act 1985. 3.2 RELATED MARITIME ENVIRONMENTAL ISSUES Threats to the environment are an increasing concern for states, societies and the international community. In relations to naval operations, below are the related maritime environmental issue which more or less hascontributed to the emerging problems. 3.2.1 Water Pollution Water pollution may be less conspicuous than the solid waste pollution, but it is probably even more dangerous.   This is partly because a wider range of harmful chemicals falls in this category and partly because it is more mobile as compared to the solid waste materials.   With regard to marine environmental issues, liquid pollutants are generated from ships and offshore installations.   Liquids are simply dumped into the oceans without any treatment.   One of the most common liquid wastes is sewage.   In many cases sewage is discharged to the sea without any treatment, which will create disease producing bacteria thus the plant and animal life in it cannot survive and the water becomes anoxic or lifeless. 3.2.2 Air Pollution and Degradation of the Atmosphere Air pollution is one of the toxic forms that affect the environment.   Air, by far, is the most important aspect to human life.Air pollution and air quality has become a huge topic in the world today.   The air quality is different depending on your location where about.   For examples, Los Angeles is very smoggy and has poor quality versus the forests of Brazil that have very clean air, meanwhile Kuala Lumpur is experiencing seasonal haze from month of July to October every year.   Polluting the air with any kind of foreignmaterial such as carbon dioxide, sulphur dioxide, carbon mono-oxide, hydrogen sulphide, volatile organic compounds, chlorine, chloroform, chlorinedioxide and making environment dangerous to live for living species is called air pollution. Air pollution is actually the accumulation of any unsafe substances to the atmosphere, which causes the destructive of the environment, human health and the quality of life.   The increasing of shipping industries has increased in air pollution and even though ships are operating far from land, more or less it has contributed to the increase in the death rates resulting from various diseases caused by air pollution varying from breathing problem to lung cancer. Air pollution does not only affect people, but it also damages the whole ecological system in which plants and animals are harmed as well. Air pollution has reached such a critical stage where it affects the earths atmosphere as it lets in more harmful radiation from the sun. Consequently, our polluted atmosphere is becoming a better insulator, thus, preventing heat from escaping back into space. That is why there is a global rise in temperature, which scientists refer to as ‘global warming.   Pursuant to this rise i n temperature the world food supply and sea level will be affected, also there is the probability of the increase in the tropical disease. Air pollution also has a dramatic effect on natural resources.   Ecosystems such as forests, wetlands, coral reefs, and rivers perform many important services for Earths environment.   They enhance water and air quality, provide habitat for plants and animals, and provide food and medicines. Any or all of these ecosystem functions may be impaired or destroyed by air pollution.   Moreover, because of the complex relationships among the many types of organisms and ecosystems, environmental contamination may have far-reaching consequences that are not immediately obvious or that are difficult to predict. 3.2.3 Global Warming The excessive production of Carbon dioxide to the environment is one of the factors that have affected the ozone layer.Thus it willprevent some amount of solar energy from being radiated back to space. This phenomenon is known as the greenhouse effect which leads to global warming.Among the industrialized countries, USA, Russia, Japan and France are the largest contributors to this menace.USA alone accounts for 42% of the total carbon dioxide emission all over the wor1d.Most countries in this region like Malaysia and Indonesia are rapidly approaching the emission levels recorded.As of now a rise of average atmospheric temperature has been reported over the past 75 years and is likely to continue into the next century. Global warming has resulted in shrinking of glaciers and ice sheets; a rise of 6 to 37inches in the mean sea level is predicted by the year 2100.Low lying countries within this region such as Bangladesh and Indonesia risk getting submerged by the rising sea levels. Glob al warming will aggravate the water crisis in summer months. It would also lead to expansion of geographical range of tropical pests and will increase the chances of forest fires. 3.2.4 Ozone Depletions The stratospheric ozone layer existing between altitudes of 12 to 35 kilometres is considered as a protective shield or an umbrella for the earth because it prevents the ultraviolet rays from reaching the surface of the earth.In the absence of this layer, no life would be possible because the sun rays would raise the temperature of the lower atmosphere making the earth a blast furnace. The importance of the ozone layer came to light in 1985 when a hole was detected over Antarctica.Chloro Flouro Carbons or CFCs are the group of the gases, which are largely responsible for the depletion of the ozone layer. These synthetic chemicals are widely used as propellants in spray cans, air conditions and refrigerators. Thus CFCs in addition to carbon dioxide, methane and nitrous oxide are termed as greenhouse gases as they all contribute to the greenhouse effect. In addition to this, Ozone layer depletion has caused a definite rise in the cases of skin cancer it is estimated by the World Health Organization (WHO) that 12% decrease in the ozone layer would cause skin cancer in up to half a million people per annum. 3.2.5 Acid Rain Acid rain is the serious pollution hazard. It causes irreparable damage to agricultural crops, forests, aquatic life and even the human body. It corrodes buildings, pollutes the drinking water and degrades soil. Major sources of sulphur dioxide emission are thermal power plants, crude oil refineries and automobiles, which together account for 50% of the sulphur dioxide pollution.Rainwater of pH less than 5.6 is considered acidic. Emissions of waste gases from industries, vehicle exhausts and power generation are causes of rainwater acidity.When the pH levels of lakes and rivers fall below about 5.5, many species of fish will die, and this in turn is followed by changes in the ecosystem.Acid rain is corrosive to metals such as iron and zinc roof, marble and limestone.Low pH values have been attributed by an increased in industrial activity and large numbers of motor vehicles emitting considerable amounts of sulphur and nitrogen compounds into the atmosphere.Acid rain is detrimental to life and life-support systems. Acidity is measured by hydrogen ion concentration, designated as pH, and is measured on a scale of 1 to 14. A pH value below 7 is acidic, and above 7 is alkaline.Rain acidity in Peninsular Malaysia is on the rise and the number of areas affected by acid rain is growing. Studies by the Meteorological Service Department exposed that, to date the acid rain is becomingworrying environmental problem. 3.3 BINDING LAWS Most of the international environmental law is based on agreement or treaty.With regard to the protection of the marine environment, Malaysia adheres to a number of international conventions. The treaties are as follows: United Nations Convention on the Law of the Sea (UNCLOS), 1982. Maritime Pollutions Convention (MARPOL), 73/78. International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC), 1990. International Convention on Civil Liability for Oil Pollution Damage, 1992. International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992. Treaties are made to be performed. ‘Pacta sunt servanda or the rule that treaties arebinding on the parties and must be performed in good faith is the fundamental principle of customary international law. This principle has been reaffirmed in Article 26 of theVienna Convention on the law of Treaties 1969, ‘Every treaty in force is binding uponthe parties to it and must be performed in good faith. Therefore, Malaysia is obliged to the binding laws and thus not excluding the RMN in this context. This paper will only discuss one domestic rule and twointernational treaties as to examine and relate the degree of the RMN compliance in environmental issues. 3.3.1 Exclusive Economic Zone (EEZ) Act 1984 The Exclusive Economic Zone Act 1984 is an important Malaysian statute devised to implement certain aspects of the UNCLOS 1982.Part IV of the EEZ Act deals with p

Sunday, January 19, 2020

Hemingway: The Relevance of Biography to Interpretation Essay

Even a cursory examination of the literature addressing Hemingway’s writing and his life can seem overwhelming. The purpose of this paper, however, is to demonstrate that some of Hemingway’s writing can be best understood through reference to his own life experiences. This is not meant to suggest that the text does not at times provide some internal textual evidence regarding the meaning of the piece as a whole, for it most certainly does, but that external biographical evidence must also be considered and weighed when interpreting Hemingway’s work. In this paper it will be suggested that an examination of the external evidence, as it relates to Hemingway’s own life experiences, is particularly relevant to any interpretation of Ten Indians or Hills like White Elephants and that in these short stories a reconciliation of the external biographical evidence with the internal textual evidence may better aid in understanding the stories themselves. Significant Biographical Characteristics: Machismo and Gender Relations In order to better understand Hemingway’s writing it is necessary to know about the man himself and some of the major events and experiences which shaped his thought process. With reference to the short stories specifically addressed in this paper there are two biographical characteristics which seem to aid in efforts to interpret meaning or to otherwise try to make sense of the text. The first biographical characteristic is often referred to as Hemingway’s extremely masculine lifestyle or what some scholars have referred to as his macho orientation. It is well-established among scholars and historians, for instance, that Hemingway thoroughly enjoyed rigorous physical activities and pursuits; it has been noted that Hemingway was known for his â€Å"highly developed skills in such ‘manly’ fields as hunting, fishing, boxing and sailing. ( Harry Sylvester, who used to box with Hemingway frequently, once told me that Hemingway was the strongest man he had ever known. )† (McCaffery 12). He was, in short, an independent-minded writer whom enjoyed physical exertion, challenging himself through a variety of pursuits, and outdoor activities. While some scholars, such as McCaffery, have viewed Hemingway’s manliness in a positive light there are some whom have viewed him in a less flattering light; indeed, as a leading Hemingway scholar has pointed out â€Å"Others view his masculinity as negative machismo. They consider him the worst example of a sexist, racist, homophobic man, and often refuse to read or teach Hemingway, or make apologies when they do. † (Moddelmog 2). Whether loved or hated, therefore, scholars seem to agree on his manliness and his abrasively macho view of life. For purposes of interpretation, this informs us that though a gifted writer, and an artist, Hemingway was not the sort of intellectual that was confined to a library or a desk at home; quite the contrary, unlike many other writers, he actually did live in many respects the very type of life which he wrote about. His were not speculative musings, or romantic idealizations, but reflections and comments on situations and characters with which he was intimately familiar. Any attempt to understand or interpret his written work, therefore, must to some extant take note of Hemingway’s own life experiences and philosophical mind-set.. The second biographical characteristic which can aid in the interpretation of Hemingway’s text more specifically, with respect to Ten Indians and Hills like White Elephants, involves his personal experiences with women and how he dealt with gender issues such as relationships and fatherhood in his writings. Hemingway, to put it mildly, experienced the company of many women and seemed almost forever to have troublesome or difficult relations with the opposite sex. He loved women and yet he seemed to struggle to understand them in reference to his own lifestyle and psychology. Referring to Hills like White Elephants, one researcher has observed that â€Å"the subtle and dramatic dialogue in ‘Hills Like White Elephants’ reveals a clear, sensitive portrait of two strong personalities caught in a pattern of miscommunication due to gender-linked language patterns† (Smiley 92); another researcher, referring to Hemingway’s writing more generally, has argued that he must be understood as a human being whom was never quite comfortable about â€Å"his own failed or failing marital and/or extramarital relations. † (Spilka 299). Gender communication or the lack thereof, particularly that dealing with romantic relationships, is pervasive in Hemingway’s writing and can to some degree be related to his own life. In sum, external biographical evidence is extraordinarily relevant when attempting to interpret Hemingway’s writing and it must be considered alongside the internal textual evidence of each written piece of work. Ten Indians An initial and superficial reading of Hemingway’s Ten Indians suggests a rather common plot in which a young boy falls in love, in which he is subsequently betrayed, and in which innocence is lost or diminished in the process. In the instant story, the protagonist is Nick Adams and he falls in love with a young Indian girl whom he apparently adores and whom he trusts feels the same as he does; the twist is that she has been spotted with another boy and that Nick is forced to confront the betrayal. The betrayal, however, is not easily predicted; it is not easily predicted because Hemingway creates a pleasant setting and a happy family atmosphere within which to develop his more depressing plot. Indeed, the protagonist Nick Adams returns home to his father after spending a happy Fourth of July with his friends the Garners. Over a late meal of cold chicken and huckleberry pie the father, who â€Å"made a big shadow on the kitchen wall,† informs Nick that his Indian girlfriend Prudence Mitchell spent her Fourth of July â€Å"threshing around† in the woods with one Frank Washburn (Carter 103) Everyone had seemed quite happy. The Fourth of July is a joyous occasion for friends and family, and young Nick Adams is in love. Although scholars have debated Hemingway’s intentions, because of different conclusions discovered in preliminary and final drafts of the manuscript, it is true that â€Å"In the final part of the published story, Nick goes into his room after the conversation with his father, gets undressed, and climbs into bed, lying with his face in the pillow and thinking, ‘My heart’s broken†¦. If I feel this way my heart must be broken'† (Nolan n. p. ). Thus, the story would appear to be a familiar one of trust, betrayal, and heartache. Further and more careful readings of the text, however, suggest deeper and, possibly, more metaphorical intentions by Hemingway. If from a superficial point of view the story appears to characterize the fallen world of young love then from a more careful examination of the text, reference to the aforementioned biographical characteristics and the relevant scholarly literature the story may also be said to characterize the fallen world of a man’s sense of orderly nature itself. This notion of metaphor, that the text sets forth a young boy’s broken heart to represent a larger type of destruction, is persuasive given the context in which Hemingway set the story and given the way in which the destruction of the wilderness is simultaneously presented in the text. As an initial matter, it is important to understand that Ten Indians was one of many short stories written by Hemingway which detailed and explored the coming of age of Nick Adams. Some scholars have suggested that the protagonist, Nick Adams, was in many ways a personal reflection of Hemingway’s own coming of age story and that he was an autobiographical figure for Hemingway in certain respects. Indeed, there are several interesting connections between Hemingway’s personal history and the people and places created in the short story, Ten Indians. First, although Hemingway was born in Illinois, it is commonly understood that he considered his spiritual home to be in Michigan. This area served as the setting for this particular short story. Second, he relied upon the local Indians of the region to create some of his important characters; in fact, he drew upon his real life observations of the Ottawa and Ojibwa Indian tribes. Indeed, the Indians and their country had a profound effect on Hemingway’s imagination. From his first attempts at fiction and in his later Nick Adams stories, he would draw upon his experiences at Walloon Lake, using Indian characters and wilderness settings. (Nagel 108) Together, these real life experiences helped Hemingway to create both the setting and many of the main characters for his short stories. In addition to providing inspiration for his setting and characters, there was a deeper conflict which Hemingway’s real-life experiences contributed to his writing design in Ten Indians; more specifically, drawing upon Indian tribes whose lives had become fundamentally changed through close contact and interaction with a different American culture, Hemingway was able to cleverly depict a metaphorical illustration of innocence lost through the betrayal of Nick Adams by the Indian girl. Nick’s innocence, it can be argued, has been destroyed in much the same way as the Indian wilderness. Hemingway lamented the modernization which infringed on the forests of northern Michigan and the parallels between the destruction of the wilderness and the destruction of Nick Adams’ heart are striking. These parallels have been noted by one scholar whom has suggested that: Hemingway shows the wilderness being destroyed and, with the loss of the trees, the end of the Indian way of life. This fallen world is the setting of â€Å"Ten Indians,† a story that centers on the adolescent Nick Adams’s first disappointment in love as he learns that his Indian girlfriend, Prudence Mitchell, has been unfaithful (Nagel 108-109) When examining the text of Ten Indians, therefore, it is important to note these important parallels, Hemingway’s love of nature and his view of man’s place in nature. Literally speaking, Hemingway drew on a familiar and beloved setting and populated much of the story with the type of Indian characters that were well-known to him. Figuratively speaking, or metaphorically speaking, Hemingway managed to link the fallen world of the pristine natural wilderness with the fallen world of a young man’s broken heart. It is against this contextual framework that any analysis of Ten Indians must proceed. This is not meant to suggest that either fallen world was the predominant theme; to be sure, both the text and the scholarly literature would seem to demonstrate that Hemingway found both the destruction of the wilderness and the destruction of a first love as betrayals that would inevitable shatter an individual’s innocence and mark another stage in the coming of age of young boys. A young boy, reconciling the external evidence with the internal evidence, might be better advised enjoying the beauty of the forests than the beauty of insincere wiles of young girls. Hills like White Elephants Although a comparatively short story, Hemingway’s Hills like White Elephants is full of tension and moral dilemma; more specifically, the text appears to suggest that the man and the woman are debating whether the woman should have an abortion and what the implications will be depending on whether the abortion is done or not done. What is most striking, from a textual analysis, is the contrast between the rather relaxed atmosphere or setting and the deeply personal nature of the discussion. On the one hand, for instance, the man and the woman are relaxing at a train station, drinking alcohol, and waiting for a train. This would seem to imply a happy couple, an anticipated journey, and a relationship that will endure at least until the train arrives. These contextual clues, however, are sharply betrayed by the underlying discussion regarding whether the woman, Jig, will undergo an operation to have an abortion. One might anticipate some form of closure, some final decision arrived at by the main characters, but instead Hemingway leaves the reader grasping for answers as the story comes to a conclusion. He leaves them grasping for answers because rather than stating what decision has been made, and whether the American and Jig will actually ever see each other again, Hemingway finishes his story without a definitive declaration in either respect. With respect to the operation for the abortion, the woman states that she is willing to have the operation; the American man, however, doubts her sincerity. The reader is therefore forced to wonder, as the American wonders, whether the woman is agreeing or temporarily attempting to placate her partner and lover. With respect to the relationship itself, the reader desiring a firm and resolute statement is left grasping for straws. This is because, rather than departing on the train to Madrid together as planned, the American places their bags or luggage at different positions on the platform before rejoining Jig. The story then finishes up with the man being suspicious of the woman’s true motives and convictions and with the placement of the bags providing a possible clue that the relationship is doomed. The couple is together and yet the bags are separate; this is where Hemingway leaves his readers and scholars themselves have grappled with both the meaning of the story and the likely outcomes. The scholarly analysis of Hills like White Elephants has traditionally tended to focus upon the use of internal textual clues to determine whether Jig intended to have the operation and the fate of the relationship between Jig and the America; more recently, however, some scholars have begun to analyze whether and to what extant the short story may have been influenced or otherwise inspired by Hemingway’s own life. This bifurcated focus has been summed up, analyzed, and synthesized by one leading Hemingway scholar whom has stated the scholarly emphasis thusly: â€Å"Two recurring themes in analyses of Ernest Hemingway’s ‘Hills Like White Elephants’ are the debate over whether or not Jig will carry her pregnancy to term and the search for biographical experiences that may have inspired and influenced the story. † (Wyche n. p). This section will examine each of these scholarly inquiries in turn. The traditional scholarly interest has involved an examination of the text for clues in order to determine whether an abortion was actually pursued and the fate of the couple. A review of the literature reveals at least four possibilities: Three different scenarios have been seriously considered: the girl will have the abortion (albeit reluctantly) and stay with the man; the girl will have the abortion and leave the man; or, the girl will not have the abortion, having won the man over to her point of view. However, there is strong support in the narrative for a fourth outcome that fits in, with the dark overall prognosis presented in other scholarly interpretations: the girl will indeed have the abortion, expecting in this way to stay on with the man, but after the operation has been performed, he will abandon her. Various verbal and non-verbal indications found in the story support this interpretation of the narrative, as does the very symbolism of the title itself. (Hashmi n. p. ) Although an extended analysis of each scenario is beyond the scope of this paper, a rationale for selecting the most plausible outcome based upon the text is not. The most persuasive outcome would appear to be the fourth; more specifically, a superficial reading of the text suggests that Jig will indeed have an abortion and that the American will abandon her despite her attempt to maintain the relationship. First, the American places their bags in different parts of the platform. Analyzed literally, this seems to suggest that he doubts her sincerity regarding the abortion and that he is preparing for a separation. Second, they stand together and Jig tells the American that despite the strain of the abortion decision she remains fine. The man has made the decision to separate the bags whereas Jig would appear to believe that things will work out in such a way as to maintain the relationship. The man’s actions represent separation whereas Jig’s actions and words represent togetherness. It is therefore plausible to argue that she will pursue togetherness by having the abortion and that the man will pursue separation by encouraging the abortion and then abandoning or otherwise terminating the relationship. Although never explicitly stating such a conclusion, the fourth scenario is supported by the aforementioned textual clues. Other scholars have instead focused on Hemingway’s own life in order to understand the story; in this way, the abortion issue is treated figuratively rather than literally. As one scholar pursuing this biographically-oriented type of analysis explains â€Å"While the figurative abortion in ‘Hills Like White Elephants’ can be understood on the basis of internal evidence, the concept of abortion as metaphor invites consideration of a number of biographical influences on the story,† (Wyche n.  p. ). While such an analysis requires a reconciling of certain parts of the text with information known about Hemingway’s personal life there are interesting parallels. One illustration involves the fact that Hemingway has been reported to have said that the birth of his first child led to the dissolution of his first marriage, that he was at the time too young to have become a father, and that â€Å"the author’s ambivalence toward fatherhood is well-documented† (Wyche, n. p. ). Against this larger framework, comparing the author’s real life with his written work, it may become plausible to argue that the scholarship dealing with the outcomes regarding the abortion and the relationship are in actuality tangential or irrelevant concerns insofar as the author was concerned; more precisely, it might be argued that Hemingway was merely incorporating difficult moments from his own coming of age experience without intending to offer concrete conclusions. In the final analysis, while it is both challenging and interesting to explore what Hemingway may have intended as a conclusion, it is perhaps more enlightening to view Hills like White Elephants as a writer’s reflections about his own past in which firm and absolute conclusions were never intended. Hemingway was placing the reader in his own shoes and asking what the reader might do, what the reader ought to do, in similar circumstances. Such an interpretation is consistent with the biographical data known about Hemingway and makes the story more powerful and personal by forcing the reader to draw his or her own conclusions rather than being force-fed a set of conclusions by the author. Conclusion In conclusion, what makes Hemingway so alluring is that he actually lived the type of life that he wrote about. It is therefore impossible to completely separate his own life from his writing as one might be able to do with other writers. As a consequence, interpretation must necessarily involve a balancing act in which external biographical evidence is weighed and considered alongside the internal textual evidence. It is this interplay, between real life and fiction, that perhaps makes Hemingway appear larger than life.

Saturday, January 11, 2020

Problematizing Feminsim: An Article Critique Essay

A thorough examination of Shefali Desai’s article clearly shows the major issues that are confronted by the feminist movement. Desai carefully examined the underlying ideological tenets, as well as the corresponding political, social and cultural differences that seem to create a wide gap among many feminist activists. This is most especially true in cases that specifically focus on the recognition of women’s rights and at the same time, taking into full consideration the respective cultural and social arenas in which oppression and repression take place. Clearly, under this context, Desai attempts to formulate a concrete and feasible solution on how to resolve the tensions and disparities, which are often experienced and reflected in feminism’s multicultural approach. To further illustrate the author’s contentions and arguments, Desai offered a substantial distinction about the glaring differences between the methods and approaches that are deployed by universalists and cultural relativists (5). As universalism implies, Desai expounded that this particular approach upholds the belief that the idea of human rights can be understood within a single vantage point (5). Consequently, cultural relativism espouses that human rights should be contextualized from different angles that subsequently acknowledge a range of external factors (Desai 5). The political, social and more importantly, cultural factors, thus affect the individual’s scope of reality. In this aspect, arguing for a universal approach is no less than a subtle assertion of power legitimacy and to a certain extent, subordination. Desai, then linked these scenarios to the recognition of women’s rights in non-Western setting, such as the Taliban society (7). Via exerting a conscious effort to trace the historical narrative of the Taliban government, Desai narrated how a series of wars and intercultural differences have affected the women of Afghanistan (7). But with Taliban’s rise and its strict imposition of Islamic Law, is perceived by many as far more repressive, patriarchal and detrimental to Afghan women (Desai 7). This is despite of the fact that several members of the community have seen the Taliban approach as yet another way of safeguarding not only their women, but also their cultural practices (Desai 11). This particular situation has led Desai to question the seemingly monolithic and (apathetic) contentions of both universalists and cultural relativists women advocates. Critically speaking, far more than acknowledging human rights, it can be argued that Desai was also concerned on a pragmatic application of â€Å"multicultural feminism (Worell 432)†. The Taliban case, far more than anything else raises the question of whose feminism is involved, most especially in scenarios that revolved around women oppression and identity construction. For those who do not have a direct experience of oppression, universalism and feminism can be easily combined. However, it cannot be denied that individual differences and cultural and individualistic considerations may divide feminist movements from across the globe. Thus, via providing clear definitions and comprehensive distinctions of how womanhood is experienced and understood in various social settings, Desai’s work remarkably eliminates the possibility of Western feminist hegemony. Consequently, by being open to the respective cultural constraints of women in highly marginalized regions, the article remains free from the biases of relativism and still offers a highly pragmatic approach. The example that Desai used added to the author’s credibility since it successfully illustrated the concrete shortcomings of two divergent perspectives that exceed the theoretical or hypothetical assumptions. Evidently, the remaining parts of Desai’s discussion presented different way of )dealing with feminism and human rights recognition. Desai called for a much more holistic and collective approach via formulating legal protocols that duly recognize human rights with great sensitivity. Yes, Desai’s work calls for sensitivity, in the sense that feminists must also pay attention to the individualistic needs of many women. In this manner, highly customized and appropriate solutions can be enacted. Oftentimes, women-related problems become worse, not only because of the lack of direct action, but also due to the excessive politics that exist among feminists and even legal experts. As Desai stressed, feminism cannot possible produce good results if the idea of â€Å"multiplicity† is taken for granted (17). Here, it can be seen that Desai actually looks for parallelism rather than an abrupt intersection of opposing views and ideologies. The strengths of universalism and cultural relativism are combined to overcome its respective weaknesses. In this aspect, biases and politicking shall be lessened and feminism now transforms into an efficient and pragmatic solution. Works Cited Desai, Shefali. â€Å"Hearing Afghan’s Women’s Voices: Feminist Theory’s Re- Conceptualization of Women’s Human Rights. † Arizona Journal of International and Comparative Law. 16. 805 (1999): 1-17 Worell, Judith. Encyclopedia of Women and Gender: Sex Similarities and the Impact of Society on Gender. California: Academic Press

Thursday, January 2, 2020

Using the Preterite Perfect Tense in Spanish

The preterite perfect tense is unusual in Spanish, and you  are unlikely to hear it in everyday speech nor have a need, in most situations, to use it. But you should be aware of how it is used in case you come across it in literature or historical accounts. Except when a writer is seeking a literary effect or providing a bad translation from English, the preterite perfect is seldom used in modern writing. Key Takeaways: Preterite Perfect Tense The preterite perfect tense is formed by using the preterite form of haber followed by a past participle.The preterite perfect is not common in modern Spanish, being mainly used for literary effect.In its historical use, the preterite perfect was often used to provide a sense of immediacy of action. How To Use the Preterite Perfect The preterite perfect, also known as the anterior perfect or the  pretà ©rito anterior  in Spanish, is formed by using the  preterite  of  haber  followed by the  past participle. It is used to refer to an event that was completed immediately prior to another event in the past, and thus it is usually used in sentences that also include use of another verb past tense. In other words, a verb in the preterite perfect is almost never the only verb in a sentence. Here is an excerpt from  Cervantes Don Quijote to illustrate:  Apenas  hubo dicho  esto el cristiano cautivo, cuando el jinete se arrojà ³ del caballo y vino a abrazar al mozo.  (The Christian captive had barely said this when the horseman leaped off his horse and came to hug the lad.) Note that the act of saying something (hubo dicho) immediately preceded a past action of hugging the lad. As in the examples below, use of the preterite perfect follows a phrase or word with a time element. Regardless of the specific words used, the word or phrase can be translated as something that means as soon as or immediately after, as that sense of immediacy is conveyed by the verb tense. And while the preterite perfect frequently is translated using an English perfect tense (one using had and the participle), it is often fine to translate using the simple preterite. There seems to be little difference, for example, in meaning between as soon as I saw it and as soon as I had seen it, so feel free to use whichever sounds better. Examples of the Preterite Perfect in Use Y luego que yo la  hube visto, caà ­ sobre mi rostro.  (And as soon as I saw it, I fell upon my face.)Cuando  hubo comprendido  esto no pudo evitar echar un vistazo al chico.  (Once he understood this he could not avoid glancing at the boy.)Una vez que  hubimos encontrado  un à ¡rbol que daba sombra, me ayudà ³ a sentarme en el pasto.  (Once we found a tree that provided shade, he helped me get seated in the grass.)Una vez  hube conocido  varios pueblos de la provincia, decidà ­ escaparme al Sur.  (Once I had met some peoples from the province, I decided to flee to the South.)Cuando todos los dioses  hubieron muerto, Tonatiuh, el sol, comenzà ³ su interminable camino por el firmamento.  (When all the gods died, Tonatiuh, the sun, began his eternal journey through the firmament.()Cuando  hube sabido  del budismo sabà ­a bien lo que era el dharma.  (As soon as I knew about Buddhism, I knew what the dharma was.)