Courage of their convictions

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Courage of their Convictions

August 31, 2002

The Courage of their Convictions

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In reading Peter Iron's book The Courage of Their Convictions, I came to learn of the lives and situations of some ordinary Americans who had unequivocal beliefs and sought the protection of the United States Constitution. The Constitution does not specifically address all the possible issues that could come up for debate, rather it sets forth basic principles about which our country was founded. It was written over 225 years ago by men who had the courage of their own convictions, and yet how could they have known that their creation would be used to judge those who didn't want to fight in Vietnam, or by others who believed that their religious beliefs should keep them from saluting the American flag. Our founding fathers would probably be astounded by the world in which we live today, and yet I believe they would agree that all Americans, like the Gobitises, the Jafrees, and even Michael Hartwick, must stand up for what they believe is right and not be cowed by others, even by their own government.

Our Constitution has to be flexible and open to interpretation. I believe that this

aspect is a major factor in its ability to transcend the times. One problem though that comes with this flexibility is that contemporary political and social issues will and do affect its interpretation. After all the Supreme Court is a political institution, where the

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President appoints members who share his values, which suggests that the justices might vote along political lines. When the Gobitis' children refused to salute the American flag on religious grounds, they were expelled from school. The family took their case to the Supreme Court, where they lost because Chief Justice Frankfurter's view that religious beliefs didn't relieve a citizen of his political responsibilities prevailed. Had I lived in the 1930's I might have agreed, but if the case was decided today, I'm sure the expulsions would have been seen as violating our First Amendment rights. Then take the case of Michael Hartwick. When his case was decided, the Supreme Court was "sharply divided" (389). The majority found that the Constitution did not give homosexuals a fundamental right to engage in sodomy. Justice Byron White, a "stern judicial moralist", based the opinion on morality and religious tenets banning sodomy (389). The dissent, on the other hand, focused on the right of privacy and that allowed individuals to engage in intimate relationships without intrusion by government. In his opinion, Justice Blackman urged the court to reconsider, saying, "…depriving individuals of the right to choose for themselves…poses a far greater threat to the values most deeply rooted in our Nation's history than tolerance of nonconformity could ever do" (391). The case simply required a Constitutional interpretation by the highest court and yet the justices couldn't find common ground. It would seem that the justices were so divided because of political, or religious beliefs, not because the Constitution itself was not particularly clear on this matter.

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The "fight" in the various plaintiffs is in itself remarkable. Not because they were naturally belligerent, but because their belief in the fundamental "rightness" of their particular cause was so complete that they never thought twice about fighting for it.

J.D. Shelley simply wanted to live in a house that would suit his family, one that he could afford and one that could help him get on with his life. He didn't care that all his neighbors were white and most might not want him there; he was not intimidated; it wasn't something that would make him leave. And he wasn't about to back down when he was sued for violating the property's racial covenant. Likewise, Robert Bell knew that once he chose to get involved with the sit-ins, there would be no backing down. He admits that he wasn't a particularly brave person, and he eventually decided not to continue with the active sit-ins and other demonstrations. But Bell did move on to go to Harvard Law School, and eventually he became a judge. He felt compelled to give back to the community, and in his own way to continue the fight for equality. Why? Because he fears that complacency is the very thing that will hinder progress and hamper our individual freedoms (152). Daniel Seeger didn't recognize that by checking the "no" box on his draft registration form, his life would change, but it did. The other remarkable thing about these plaintiffs is that they all say they would "fight their fight" all over again if given a second chance. Why? Because it would be the right thing to do, not for the Constitution itself, but to give it an opportunity to make a difference. In their personal statements, each one said something similar to what Dr. Jane Hodgson said: "When I

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first got involved in this issue, I really didn't foresee all the complications…But I haven't any regrets. I wouldn't do it any differently" (279). The conclusions they came to remind all of us that these small, individual struggles are crucial to maintaining individual freedoms for all Americans.

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The fruit beverage industry is still in the nascent stage. The spectrum varies from well-entrenched players like Parle Agro's "frooti", Enkay Texofood's "Onjus" and "Life" godrej food's "jumpin" and dabur's "real". Leading foreign brands in the market

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The fruit beverage industry is still in the nascent stage. The spectrum varies from well-entrenched players like Parle Agro's "frooti", Enkay Texofood's "Onjus" and "Life" godrej food's "jumpin" and dabur's "real". Leading foreign brands in the market are PepsiCo's "Tropicana". There are other significant players like Noga, Xs and Refresh, but roadside vendors and stalls meet most of the consumer need. The Indian consumer, on an average, has also not awakened to the fact that there are a number of fruit beverages available in tetra packs and are hygienic and healthy to consume.

In this context, the industry needs to be studied to find the structure in terms of players, substitutes and others factors governing the success of leading players.

This report attempts to study the following:

Essay service for your The fruit beverage industry is still in the nascent stage. The spectrum varies from well-entrenched players like Parle Agro's "frooti", Enkay Texofood's "Onjus" and "Life" godrej food's "jumpin" and dabur's "real". Leading foreign brands in the market paper

To study and analyze the consumer preferences for the purpose of devising launch strategy consistent with the needs of the target segement.

Also to do a study of Indian beverages sector and provide company with required information to take informed decisions .

· Fruit beverages market in terms of major players, market size, growth and demand, market shares of players, segmentation statements and positioning of the various products available.

· The consumer segments and their habits and practices also have been studied along with

· To analyze the reasons for success and make a set of best practices and strategies for the players. The company profiles also need to be studied to be able to cross-compare and make deductions as to what are the best practices existing.

.further there is a immediate need for strategizing against the substitutes which overlap with the segments of this industry and which is important to build and strengthen market base.

WHAT DO WE WANT TO STUDY?

In broad terms, the major tasks in the project are to study the fruit beverage industry, with specific reference to orange juice which would include the following:

* Study the market size

* Study the major players, their market shares and production capacities, and their sources of raw materials.

* Study the substitute products (flavored milk, soft drinks, mineral water)

* Study the consumer attitude towards this concept

* Study the emerging trends (in products, packaging, pricing and promotion)

WHAT DO WE WANT TO ACHIEVE THEREBY?

The objective to study the above in detail is:

* To thoroughly understand the fruit beverage market

* To predict emerging trends in the packaged fruit juice sector, with specific reference to orange juice.

* To understand the competitive structure and analyze consumer attitudes and preferences in order to suggest an optimum marketing mix to the "PQR COMPANY".

METHODOLOGY:

The fruit beverage market has been studied mainly through publications and articles in magazines and newspapers, websites and data available within the case study..

This data has also been gathered under various market segments existing in the industry and the major consumer tastes and preferences.

For understanding consumer preferences survey method has been employed through questionnaires. Further questionnaires have also been administered to retailers in order to understand consumer segmentation and various competitors.

Informal talks with roadside vendors and fast food huts have also been used to gather data on the existing competition, promotion measures and brand awareness.

4. SUBSTITUTES

The substitutes market is the major threat sector for the fruit beverages. It comprises flavored milk, cold drinks, and mineral water. The fruit beverage industry faces tremendous competition from many substitutes available in the market. Some of the major substitutes are:

1. Soft Drinks (both cola and non-cola drinks)

2. Flavored Milk (Milda, Zip Sip, n-joi etc.)

3. Mineral Water

4. Other milk products like buttermilk and lassi.

4.1. SOFT DRINKS MARKET

Segments: Soft drinks are divided into carbonated and non-carbonated drinks. While Cola, lemon and oranges are carbonated drinks, mango drinks come under non-carbonated category.

Packaging: Soft drinks are available in bottles, cans and large PET bottles for home consumption.

Fountains also dispense them to cater to the demand of fountain drinks by on-the-move consumers who are price conscious.

This market has witnessed a growth rate of around 16 percent for the last two years as compared to the growth rates of 5%-6% in early 1990s and 2%-3% in late 1980s.

Segmentation

The soft drink market can be segmented in accordance with the point of purchase as:

· On -Premise: Around 80% percent of the consumption of soft drinks takes place on-premise, i.e., restaurants, railway station, cinema, etc. which gives a lot of competition to the fruit beverages which competes directly with take-home packs of fruit juices as well as squashes.

· At - Home: The remaining 20 percent of the soft drink consumption is for home.

The cola and non-cola segments are as follows:

· Cola: This accounts for 60 percent of the total soft drink market at the all India level. The brands that fall in this category are Pepsi, Coca Cola, Thumps Up, etc.

· Non-Cola segment which can be further divided into:

* Orange: This segment has a 19 percent market share of the total market. Fanta and Crush fall into this category. The product of PQR Company will face major competition from this category.

* Cloudy Lime: This segment represents 14 percent of the total market. Limca and Mirinda Lemon fall in this category. Limca is the largest non-cola brand and holds a share of around 82 percent of this market.

* Clear Lime: This comprises 3percent of the soft drink market. The major brands, which fall in this category, are Citra, Canada Dry and Sprite.

* Mango: Slice, Maaza and are mango drinks having a market share of 3 percent.

Consumer Habits and Practices

The competition from soft drinks market exists for fruit juices because the consumer segments are universal for both and the reason for purchase in both categories is almost the same.

· Consumers purchase soft drinks primarily to quench thirst. Therefore people traveling and not having access to hygienic water reaching out to soft drinks account for a large part of the sales. Not having access to hygienic water can also result in purchase of fruit beverages and it is here that soft drinks give them the hard battle.

· While there is no aversion to consumption of soft drinks by any age group, the main consumers of this market are people in the age group of 30 and below. Thus, the soft drinks directly compete with the fruit drinks, which are also targeted towards the same age group.

· Brand loyalty is high in the case of kids and people in the age group of 20-30 years. This again is a major threat to the fruit beverages market.

Some of the major strategies, which are being or have been adopted by the cola players to combat competition from the fruit juice market, are:

· Introduction of Diet Pepsi/Coke.

Diet Pepsi/Coke were mainly introduced to capture the health conscious consumers, whom they would have lost to the fruit drink market. They tried to position their products as fun drinks.

· Packaging:

Since the fruit drinks have been positioned as on-the-move drinks, the cola players have introduced cans and 500 ml PET packs. These players also switched back to 200ml bottles mainly to reduce the unit cost in the expectation that such a strategy would lead to more frequent buying.

· In United States, Coca Cola has launched a new product " Frozen Coke". This launch was the result of the company's belief that it would lead to legitimization of the product as a real beverage. (Source: Atlanta Business Journal, May 14-20,1999)

Distribution:

The distribution network of these drinks is very strong and widely distributed which gives a strong shake to the fruit beverages industry. Coke had 5 lakh outlets by the end of 1997 while Pepsi had 3.5 lakh outlets.

4.2. FLAVOURED MILK

Just like fruit drinks, flavoured milk is also positioned on the health platform. Companies are trying to project it as a fun drink with added flavours and innovative packaging.

Due to the perishable nature of flavoured milk, this segment has been dominated by regional players like Energee and Milda. in February 1999, Britannia entered in this segment at the national level with its offering named Zip Sip. Available in five flavours - pineapple, mango, strawberry, chocolate and cardamom, it is made from cow's milk and has no preservatives. It is offered in 200ml tetra packs.

Zip Sip has been positioned as a cool milk drink with Vitamin A that could help bringing about regularity in its consumption and not make it a one-off impulse drink. Due to its projection as a fun drink, the company considers all branded products in the soft drinks and fruit drinks as their competitors. Zip Sip has a vast distribution network with 4,50,000 retailers, targeting 50% of these for Zip Sip, which is a serious threat to the fruit drink business.

Tetra packs are also being used to sell fresh, long-lasting milk packs and ensure quality delivery. Also UHT (Ultra High Treatment) is being used. For these milk products, retailers opine that advertising is crucial for success. While in competition with fruit drinks, retailers are given a margin of around 15 % for flavored milk brands and they encourage more promotional schemes to boost sales.

4.3. MINERAL WATER

This was one of the most surprising finding of our project. Fruit drink sellers consider even mineral water as a substitute for to their offerings. The main assumptions are packs ensure quality delivery. Also UHT (Ultra High Treatment) is being used. Mineral water essentially caters to the demand of travelers and affluent customers which is also the target market for fruit beverages. The consumer's perception as regards contaminated water has also undergone a change and international as well as domestic tourists accept mineral water as a travel companion. The bottle can be

contaminated water has also undergone a change and international as well as Segmentation

The mineral water market is segmented according to the type of consumers:

· Foreign Tourists: Foreign tourists have been the main consumers of the mineral water as they face a lot of digestion problems due to different food habits.

· Domestic Tourists: Domestic tourists have switched to mineral water mainly because of safety and hygiene factors.

Fashion Conscious: Like soft drinks, drinking mineral water is also considered fashionable by some people.

The mineral water consumer is mainly in the age group of 20-35 years and is an educated middle class person. This is also the segment of fruit drinks, which have usually been positioned as fun and health drink for young adults.

The mineral water market is also segmented along pack sizes:

· One litre bottle: it is meant to spell safety and security for consumers. It is positioned on a prestige platform for the achiever segment - who like to make a fashion statement by drinking mineral water. This segment gets the maximum sales.

· 500ml bottle: This size has been introduced in the market to target the individual and local travelers.

· PET bottles: The size of the PET bottles varies from 10 to 20 litres. These are mainly for institutional sales (Wedding parties, Hotels, Corporates,

2.5. CONSUMER HABITS AND PRACTICES

The Indian lifestyle has a traditional predilection for fresh fruits and vegetables or those processed at home. People go in for fresh fruits vending from kiosk fountains, which produce instant juices from fresh fruits in the presence of the consumer. One reason is the unavailability of hygienically produced and well-preserved products with the use of preservatives. The fact that it is packed denies its freshness. This was also a reason why some of the real but branded fruit juices launched in the late 1980s and early 1990s did not succeed. Taste is often the secondary consideration in the Indian market for beverages. Fruits juices also lose on roughage, which is an important part of fruit nutrition. Few people know the difference between a juice and nectar.

In general, the Indian consumers have become health conscious now and are looking for healthy and natural and appetizing juices. They are moving away from synthetic drinks to natural and wholesome fruit juices. At present

· Per capita consumption of juices in India is estimated at a fraction of a litre -200ml.

· The consumption of fruit juices in take-home packs is estimated at 17250 mn lt.

· Consumers go for convenient and economy products. So small packs are well suited for travelers and children and large take home packs for families and price conscious people.

· Availability in chilled form and brand awareness plays a crucial role in purchase decision. This has implications for the need for availability of the product and in the right form.

· While there is no aversion to consumption of fruit beverages by any age group, the main consumers of this market are people in the age group of 30 and below. Young adults and teenagers predominantly consume tetra pack drinks.

· Brand loyalty is very low, as all the products taste the same. But brand loyalty is high in case of kids. Though there is a lot of difference between brand awareness and brand loyalty.

· Consumers are money conscious where the purchase of fruit beverages is concern.

· Consumers are not ready to explore the market. They do not want to change their taste and are stuck to their old brands. Orange and other drinks are slowly picking up and breaking the loyalty towards old brands.

2.6. PACKAGING TECHNOLOGY

With the change in consumer preference for the product, there is a change in the package preference. Tetra-Pack India, a part of the $10 billion Tetra Laval group, has become the major source of brick cartons amenable to aseptic packaging and impairing long product shelf life to the foods.

Packaging has emerged as the 5th P of marketing. Especially in context of food products, packaging has been designed and used to connote wholesomeness and provide convenience.

Coming to fruit drinks, the possible packaging could be using

· Food grade polyethylene.

· Glass bottles

· Canning

· Aseptic packaging

Although a small volume of branded fruit juices are sold loose (an example is hpmc), the loose fruit juice market consists mainly of unbranded players (mainly the restaurants).

In spite of the cost advantage food grade poly packaging is almost out of question because

· It does not provide the kind of shelf life required to store seasonal juices for the off-season.

· It is not tamper proof and hence is not perceived to be wholesome.

Glass is burdened with the cost disadvantage which can be overcome only by giving up the on the move image. This means a loss of one segment of the market. However glass is expected to come back in a big way owing to its environmental friendliness coupled with the increased environmental awareness. A lot of research is also on the way to make glass cheap and light in weight.

All most all the major players in the fruit juice segment have positioned themselves as either on the move / nutritious/fun to have drinks. To project this image, tetra packs have served the best. (See appendix 1)

Canning is very useful in terms of the longer shelf life but has constraints in the form of time and effort required and the technological know how.

Consumer Habits and Practices

· Consumers are growing more health conscious and are morecareful of their drinking habits.

· Brand loyalty is very low as all the products taste the same so they can buy just any product which is on the shelf, same as that of soft drinks and fruit beverages.

· Availability in the chilled form and brand awareness plays a crucial role in purchase decisions.

· While there is no aversion to consumption of mineral water by any age group, this product is mainly consumed by the people in the age group of 20-35 years who have less attraction of soft drinks or other synthetic drinks whereas youngsters look in for soft drinks and fruit beverages to quench their thirst.

· Visibility is another factor that should be taken care of by the companies as consumers are not very brand loyal and consume whatever is in front of them.

4.4. OTHER MILK PRODUCTS

As the major demand for fruit beverages is during summers, milk by-products like buttermilk and lassi also serve as major substitutes. They compete in terms of low price as well as easy availability. These drinks are also considered important from the health

. INDUSTRY ANALYSIS

A cross company analysis needs to be done to analyze the fruit beverage industry in the following heads:

· A cross comparison and preliminary analysis

· Analysis of reasons for the success of leading players to identify the sources of competitive advantage

· Make a set of best practices to ensure success for any player

5.1. CROSS COMPARISON

The players in this industry have been around for less than five years and they have adopted a mix of strategies to grab market shares. While some strategies are widespread among all the players, some of them are exclusively used by only particular companies, which can presently be said to be the major success factors for them.

The crucial factors for success in this industry are identified as follows:

· Sourcing of raw materials

· Technology used for processing

· Product portfolio and variants produced

· Packaging technologies used

· Distribution strategies, logistics and reach in the market

· Strategic alliances and joint ventures to gain competitive advantage in packaging, distribution and product formulations.

The players can be compared across some universal factors such as:

· Source of raw materials

· Product portfolio and variants

· Packaging technology

· Distribution reach and logistics

· Promotion schemes.

· Strategic alliances.

· Exports

Table 5.1 Cross comparison of major players in fruit beverage market

PARLE AGRO ETL GODREJ FOODS NOGA DABUR FOODS PEPSICO

Raw Materials Largely from India Oranges from Florida and Brazil, Alphonso mangoes Alphonso mangoes for Xs, (others n.a.) Local Sourced from Brazil Apples from China, pineapples from Thailand and Phillipines. Oranges from Brazil and USA

Product portfolio Frooti, Appy, Yo Frooti, Yo Appy(drinks) Onjus (orange juice), Life (mango nectar) Jumpin (drink), Xs (nectar), Refresh (drink), Jumpin Masti (nectar) Juices, nectars and squashes Real (juices and nectars) Tropicana(100% juice)

Positioning Fun drinks for children Onjus-natural taste, on the move drink; for young adults), Life-fun drink Jumpin as a fun drink, Xs as a nutritious drink cum snack NA Started as on the table family drink and shifted to on the move drink.Currently as soft drink kind of beverage with added health benefit. As a breakfast food

Flavors Mango, orange, apple Mango, orange Mango, orange, apple, pineapple, guava, litchi Orange, pineapple and mango Mango, pineapple, orange, mixed fruit Orange, pineapple, grapes and mixed(orange and white grape)

Production facility 7 plants 1 plant at Vapi Plants at Mandideep, Bhopal, Mumbai, Mysore, Wasik Plant in Nepal Concentrate from plants in Florida, blended locally under its supervision at Dynamix dairy Industries' a plant in Baramati, Maharashtra

Packaging Tetra packs (200 ml and 300 ml) Tetra packs (250 ml and 1 litre take-home) Tetra packs Cans and tetra packs (250 ml, 300 ml and 1 litre) Tetra packs (250 ml,350 ml,500 ml and 1litre) Tetra packs (500 ml and 1-litre)

Distribution Franchises, stockists, and strong rural network 302 towns and outlets like general supermarkets and departmental stores 50000 towns, with distributors and retailers. Reach in places like Leh, Sikkim and Guwahati Kiosks, 150 dealers across the country Network of 80,000 outlets in 280 cities and big towns. Comprises of depotsàstockistsàretailers. Delhi, Mumbai, Hyderabad and Bangalore.

Advertising agency Advertising Avenues DMB&B NA. NA NA

Sales segments Institutional sales minimal (airlines, hotels, railways) Share in all income segments, institutional sales in military canteens, airlines, hotels and clubs Middle and lower income segments, Primary market- Mumbai, strong institutional sales, efforts to make a mark in retail segments Upper and middle income classes. Institutional sales (airlines, marriage orders) and special occasions), almost no competition in Gujarat Upper income segments due to high price and metropolitan cities.

Alliances none Blue Diamond Almond Growth Association Foreign and Indian partners for production and marketing Elopack (Norway ) for packaging technology Tropicana was acquired by PepsiCo.

Exports Europe, American and Arab Largest exporter of juices, pulp and concentrates to Europe and North America 20% of total manufactured volume to west Asian countries None None NA

5.2. ANALYSIS OF REASONS FOR SUCCESS :

The fruit beverage industry is growing at a pace of 15% per annum. And the market is still in a nascent stage. In the last four to five years, three players have emerged as the market leaders: Enkay Texofoods with Onjus, Dabur with Real and PepsiCo with Tropicana. The challenge in front of the leaders currently is to expand the market further as well grab the largest shares.There are old as well as new players like Godrej foods with Jumpin, Xs and Refresh, Parle with Frooti and NOGA. The market leaders have adopted various strategies and made many strategic moves to emerge as leaders. Following is the analysis of the three current market leaders:

ONJUS

· This drink has cashed in on the first mover advantage

· The brand has consistently followed the ATA model of availability, taste and affordability.

· Onjus sources its raw material from Brazil and Florida and has mixed it with Indian mandarin to cater to Indian tastes.

· It targets all the income segments and is priced comparatively lower than Tropicana and Real and has a large chunk of institutional sales.

· It has built a strong distribution network spanning 302 towns.

· It has emerged as the largest exporter of fruit juices , pulp and concentrates to Europe and North America

· Onjus initially used a penetration pricing strategy and then hiked the prices to come at par with other brands and skim the market.

· The Onjus controversy over sourcing of its raw materials did not harm its position due to its strong image in the market.

· It also has a strong promotional drive to push sales.

REAL

· Dabur learnt from its failures with real. Initially priced higher than Onjus, it lowered its price.

· Real has the advantage of the brand name 'Dabur' which is associated with health in India.

· It also changed its packaging, positioning and advertising to give Real a new look.

· The positioning was changed from on-the-table to on-the-move to take advantage of volumes. It is also promoted as a soft drink with additional health benefits.

· Dabur incurs low cost of production owing to import of fruits from Brazil than European traders.

· With the alliance with Elopack, Norway, it has a superior packaging of 9-layer foil. It also offers a tetra pack with a cap that can be screwed back. Imported packaging technology gives Dabur an upper hand.

· Real stresses on sweetened tastes. By this, it caters to Indian taste preferences. (Indians find Tropicana juice bitter).

· A strong distribution network with enough margins for dealers.

· Continuous innovation has helped Dabur to keep pace with market (plans to come up with vegetable juices)

TROPICANA

· The main advantage is that Tropicana is a well-established brand in US.

· It has a strong research base, which helps it in coming up with new flavours.

· To cater to Indian tastes it has come up with a special Orange and White Grape blend.

· Global sourcing strategy enables it to provide quality products.

· In terms of distribution, this brand has the greatest advantage. (Pepsico has more than 600,000 outlets in India)

5.3. WHAT ARE THE BEST PRACTICES?

Since the industry is still in the nascent stage, the practices adopted by the leaders can give a fair idea of what practices would lead to the success of any player. These practices are also combined with the trends in the western fruit beverage market.

The success of the market leaders suggests that:

· State of the art production and packaging technology is a must. This gives an edge in packaging and ensuring freshness of product besides enhancing the image.

· A strong distribution network is essential for ensuring availability to fight competition from the other players and also the substitutes which have a strong distribution reach.

· Companies should take into account the regional taste preferences and build products to serve the same. Various concoctions and formulations in the US and other foreign markets suggest that such strategy is necessary to live the image of the company and remain in the forefront.

· Innovations in terms of ethnic flavours and mixes will pay off. (Kool Kokum)

· Global sourcing strategy will give an edge over other players in terms of both cost and quality advantages.

· Strong advertisement especially media campaigns would help the players in the fruit beverage market to combat competition from soft drinks, flavoured milk, mineral water and unbranded sector.

From the trends observed all around the globe, one can see that:

· Continuous innovation in product formulations, in terms of blends, fortifications and health concoctions would become a necessity in future to differentiate products. Such a strategy would help players to remain in the market.

· New forms of packaging like resealable tetra packs, screwable caps, plastic on glass etc. suggest that fruit beverages continuously require small revisions in terms of product formulations and packaging and also need strategic changes in marketing aspects like promotion, pricing volumes sold, advertising and promotion.

The entrants and existing player need to appreciate the fact that growth in the market with onslaught of global competitors will have to be met with better preparations in marketing strategies and continuous promotion, advertising and product changes will be required to fight competition.

There is another determinant to success of the players in this industry and this includes the tropical fruit market scene in Asia and the world.

5.4. THE TROPICAL JUICE MARKET IN ASIA

The tropical juice market in Asia can give some insights into the future of the market in India.Way back in 1998, despite the growing popularity of tropical juices, there were indications that traditional suppliers would not be able to serve the market. There were adverse economic and weather conditions also in Thailand and India. Mango production In India was hit hard by higher than normal temperatures, followed by floods. There were certain adverse conditions in Thailand such as weather conditions, economic crisis, depreciation in baht, low purchasing power and less import demand, leading to shortage of transport containers and a rise in shipping costs.

This suggests that such developments, whatever they are, affect demand. This is evident in the fact that there was a threat to Asia's strong position in the international juice market even when demand for tropical juices grew.

In the global market, the European and US importers are the major buyers of tropical juices. These importers mainly demand mixed tropical drinks. In Europe, many juice concentrates (including guava, banana, papaya, and others) are mixed with orange and pineapple to form nectars and special tropical blends. Netherlands is the largest continental importer of juices for mixing purposes and usually does so for resale to the rest of Europe.

In the U.S., the tropical juices are also enjoying increasing popularity. From 1994-1996, the total volume of banana juice imports grew by 15 percent whereas imports of tropical juices excluding banana and pineapple increased by 50 percent during the same period, both in volume and value terms.

The long-term trend in the U.S. juice market points toward increasing popularity for tropical juices. An important reason being sighted for this increase is the growing number of Asian and Latin American immigrants, which in turn has sustained the growth of ethnic based food stores. A more recent development is the popularity of multivitamin drinks during hot weather. These drinks are prepared by mixing juices such as mango, papaya, guava and others with vitamins and health related supplements.

The following fruits have the following demand patterns in the world:

Pineapple

The price of pineapple juice has increased over the last couple of years due to Asian production shortfalls, which have caused unrest among the importers worldwide. Philippines and Thailand are largest pineapple suppliers by volume. Shrinking demand and shortage in production has led to a 13 percent reduction in U.S. imports.

Unlike the U.S., demand in Europe continues to be strong despite the high prices. EU pineapple juice imports have doubled over the past ten years, to nearly 100,000 metric tons per year. Imports of this magnitude began in 1994 and have hovered at this level. This juice is especially popular in the Mediterranean countries where temperatures are high during the summer season.

Thailand is the largest pineapple concentrate exporter to the European Union, normally accounting for 25 percent of all imports.

Mango

The concentrates from Central and South America enjoy popularity among U.S. and European juice importers.

Banana

Normally supplied in large quantities by India, buyers have begun to look for alternate sources as the supply and the quality of banana puree have been put to question because of some bad seasons in last few years. Costa Rica dominates the U.S. market, supplying over half of all imported banana puree.

Other Fruits

In the U.S. other tropical juice imports (except banana and pineapple) have shown steady growth in recent years. Brazil and Ecuador are the two major players who hold the top spot in the export of juices.

India is the main supplier of white guava whereas the pink guava (more popular guava variety for juice making processes) is exported by Malaysia, Brazil, South America and Venezuela.

5.5. STRATEGY AGAINST SUBSTITUTES

The substitutes pose a major threat to this industry. One reason is that consumers are still not very much predilected towards health drinks. They get a wide variety to choose from when they buy from the same shelf. The same shelf contains, cold drinks, flavored milk and mineral water.

6. TRENDS IN THE INDUSTRY:

Ø Current growth rate of the fruit beverage industry is estimated to be 50-60% above the last year. The decibel levels of Real and Tropicana and the gap that existed for packaged juices have spurred this growth according to the industry analysts.

Ø Consumption of fruit juices in take home packs is estimated at 17250 million liters and could increase to 21570 million liters in the coming few years. The entry of other global players, who are entering both with and without domestic alliances, will expand the domestic market faster with their promotion strategies. These strategies would mostly take up the form of a full-fledged media campaign.

Ø There are few changes in the consumer behavior as well, which have spurred the market for fruit juices viz

· Consumers are turning away from the high-calorie, sugar loaded juice drinks in favor of more natural, vitamin-fortified products.

· Culture of orange juice with break fast is growing very fast.

· In the western markets, all-natural juices are the strongest growth leaders and are slowly replacing the concentrated fruit

beverages and novel fruit drinks.

· Also, consumers increasingly prefer chilled or ready to drink products over from-concentrate variety.

The growth of white spirits market is causing juices to grow as well. It is acknowledged that rum or vodka taste best with a variety of juices or juice mixtures, Gin goes well with grape fruit juice and Bourbon Whiskey can be mixed with Peach, Apricot, Mango, Papaya and orange juices. Owing to the same trend some fanciful juice mixtures like Raspberry with Mango have started gaining popularity. (Source: Nations Restaurant News.15th March 1999)

The developments in the western markets have always have had a trickle down effect on the Indian market, so a lot of changes can be anticipated in the product & packaging of these products in the near future.

Ø With respect to the fruit juice market, the two main drivers identified are the quality of the juice and the consistency of the quality. This means that the Indian consumer has to be convinced that the juices are pure and do not contain any preservatives. (Source: THE ECONOMIC TIMES, Brand Equity, 9th Feb, 2000)

Ø Energy has emerged as another option for the positioning of fruit beverages. Fruit products companies in the west have already begun using this ground. (Drug Store News. 27th Sep.1999)

Ø Ocean spray of Weltfleet farms brand relaunched its 100% juice line named as Ocean Spray premium 100 percent juice. The products contain cranberry and red grape juices and emphasizes health. The company has also launched cranberry juice cocktail plus (27 percent juice) having vitamin C, A and E as well as 130 percent of daily-recommended allowance of calcium.

Ø Vitamin fortified juices have become the rage. Sales of calcium fortified Tropicana pure premium orange juice, rose 173 percent since 1997. Tropicana has three offerings of calcium-fortified juice and one offering of orange juice with Vitamin E and C.

Ø Tropicana goes against Coca Cola's Minute Maid brand. Minute Maid has tropical blends and fortified natural juice products like orange tangerine and orange passion. In answer Tropicana has similar newcomer varieties like Tangerine orange and tropical orange. (Source: Discount Store News 22nd March, 1999)

Ø A few ethnic flavours like Kool Kokum's Jaljira and Regent Agro's Coco Sip are into the market and are expected to be a hit.

From these trends we see that a number of combinations in terms of fruit juices mixture and fortifications (Vitamins and Minerals) can be formulated and be used to expand the market.

Ø In the bottled juice market there are well known brands in specific niches, such as Welch's in grape juice niche and ocean spray in cranberry juice niche. They have enjoyed large volumes by building on publicity and research, claiming the health benefits of grapes and cranberries. Example: Cranberry juice helps in preventing urinary tract diseases and grapes have natural antioxidants to reduce the risk of some cancers and heart diseases.

Any company can create a niche for itself by concentrating on a particular juice and then advertise to cash upon the desired tastes demanded by the consumers.

Ø Owing to the demand for convenience, plastic packaging has emerged over glass packaging. Half Moon Bay California created new packaging for its natural refrigerated juices. The new bottles are made of recyclable HDPE (High Density Poly Ethylene) plastic, which extends product shelf life by 10 percent and has tamper resistant resealable screw on caps.

Ø Tetrapak is experimenting with an innovative "Tetrafino " packaging. This is expected to be cheaper but the shelf life offered would be maximum 45 days. The main advantage would be less cost and more volumes with more shelf like and further revenue generation.

APPENDIX

What is Aseptic packaging?

Aseptic packaging is the packaging of a product in germ free ingredient. The product to be packed should be aseptically processed. There is no point in trying to protect a product from external contamination if it already consists of spoilage causing organisms.

What is aseptic processing?

Aseptic processing involves, heating the product rapidly to a temperature of 137-140 degrees centigrade, holding it at that temperature for a few seconds and quickly cooling down to room temperature. This kills spoilage causing bacteria without affecting the taste or nutrients in the product. The entire process takes place in a closed, pre-sterilized system to prevent re-infection. To safe guard the high microbiological quality imparted by the process, the aseptically processed milk is conveyed to the packaging machine in a closed, pre-sterilized system and metered aseptically to packs, which are sterilized and formed inside the machine.

What is Tetra Pak packaging?

Tetra Pak is a brand name, which has come to imply the technology. This essentially consists of 6 layers of packaging. (See figure below)

1. Polyethylene: seals liquid in

2. Polyethylene adhesive layer: Gives extra strength

3. Aluminum: keeps flavor in and light, odors and oxygen out

4. Polyethylene: for adhesion

5. Paper board: gives rigidity and strength.

6. Polyethylene: keeps moisture and germs out.

Advantages of tetra packs:

1. Allow a larger shelf life with no additional preservatives.

2. Original taste and flavor of the juice is preserved

3. Can be stored and distributed without refrigeration

4. Tamper evident and hence rules out possibility of adulteration or contamination.

5. Makes it possible to transport the nutritional but perishable product across long distances.

6. Juices of even seasonal fruits can be made available to the consumer throughout the year.

Limitations of Tetra Packs:

1. Cost is high as compared to pouch packaging. One litre pouch pack would cost about Rs 3.50 whereas the same sized tetra pack would cost about Rs.5.50. (there are some arguments against this, to quote B.L.Venkateshwar general manager, Parle Agro "Though tetra packed fruit drinks are expensive upfront, once analyzed they give value for money, a 200 ml Frooti is priced at Rs 8 so is a 300ml fizzy soft drink. But the thirst quenching ability of the former is probably more. Not to forget that it has extra nutritional value attached to it"(source: THE ECONOMIC TIMES, 22/4/99)

2. The product cannot be seen by the eyes. (This is overcome by vivid designs on the pack.)

3. Tetra Pak market faces excessive duties and taxation. May be because of this the Tetra Pak market is growing at only 10-12% when the bottled beverage market is growing at a rate of 25%/annum.

What is canning?

It is the filling of the fruit juice or any product in a can, hermetically sealing it and then heating up to 125 degrees Celsius for approximately 20 minutes. This process eliminates any microbes but adversely affects the flavor and texture of the product. An alternative solution was found in aseptic packaging, but until recently, traditional aseptic packaging using thin-walled metal cans have been considered impossible.

Now Beverage presterilization has emerged to overcome the limitation of canning. Here instead of sterilizing the product inside a can, the beverage is pre sterilized for just a few seconds at 140 degrees Celsius before filling the cans aseptically.

Advantages of canning:

Provides better opportunities for improving the products image.

Makes product suitable for vending machines.

Environment friendly. (The beverage can is easy to recycle)

Limitations of canning:

This is suitable only for carbonated beverages. (Carbonated beverages produce their own pressure, which supports the walls. Unpressurized don't do this and the can feels floppy).

The solution came as introducing an extra stage into the process which is, placing a drop of sterile liquid nitrogen placed on top of the product before the can is sealed. When the liquid nitrogen warms up it evaporates, pushes oxygen out of the headspace and pressurizes the can.

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The United States claims to be the greatest democracy in the world. The nation-state purports to the world community a belief that all its citizens are free and suffer no constraints on such ideals as life and liberty.

Since the United States is such a large nation, it has great influence in the international community. One of the mediums through which this can be viewed is the United Nations. Through the United Nations, other nation-states become aware of governmental action within the United States.

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This is only natural. The United States government is very vocal in its belief that the only form of government, which should be utilized, and the only form of government, which is good for all peoples, is that of a democracy.

One need only look to the news to see this concept. As the United States continues its war on 'terror' it destroys governments of other states and then proceeds to replace those destroyed governments with a new democratic form. Debate surfaces around weather or not this action by the United States is beneficial for other countries. The debate however, should focus first on weather or not the United States is truly in a position to under take such an action.

As the United States brings democracy to other states and the world scene, It needs to evaluate weather or not it truly follows its idea of democracy. There is more to a democracy than life, liberty and free and open elections. The people must truly be free - free from governmental restraints on their liberties liberties that do not fundamentally hurt the society.

As the United States continues promoting itself to the world community as the greatest democracy in the world, giving its citizens great freedom, it persists in its efforts to establish democracies in other states. In order to do this, it looks to the United Nations for assistance. The United Nations is a body consisting of representatives from most nations of the world. It is an international organization designed to promote world peace and secure human rights for all people (citation). This is a forum where each state can gain credibility in the eyes of the world.

One might think in order for a nation-state to gain and retain credibility, it must act in a consistent manner with the beliefs it purports. This however, may not be true. The United States asserts the international community must follow policies and laws made by the United Nations. That would only lead to equality among nation-states. By virtue of being a member and as a signatory of the United Nations charter, one would believe the United States must follow all United Nations policy. It would only make sense. The action of being a signatory of the United Nations charter is equivalent to the action of being a signatory on a treaty.

The United States Constitution authorizes the President (Article II, Section ) to make treaties, the Senate to ratify (Article II, Section ) and the Judicial branch to uphold the United States' obligations under any treaty ratified (Article III, section ). Given the Constitution provides for the making and enforcement of treaties, the United States must follow the responsibilities it concedes to. Likewise, the United States holds a belief in equality of all peoples. Naturally, it would follow, if it holds equality as such a fundamental idea, then it would believe nation-states must all be equal in their application of treaties. Since the United States must follow its concessions in any treaty and its purported belief in equality, It would follow then, the United States would not only uphold its end, but also require the world community to do so.

Such a consistent concept is not necessarily the case. The United States in practice does not always follow United Nations policy. At the same time however, it does require other states to do so.

This paper will work to show the inconsistency of the United States in following United Nations policy. I will provide reasons, which necessitate the United Nations. Having linked the United States obligations to the United Nations as being equivalent to signing a treaty, I will show how the United Nations Universal Declaration of Human Rights guarantees rights to homosexuals within the United States. Next, I will review the actions of other nation-states and how they relate to the Universal Declaration of Human Rights and lastly, United States policy and its hostility towards the Declaration.

Background

After World War I, the international community realized a need for an international organization that worked to promote world peace and help the world community interact with each other. The result was the League of Nations. This body existed until the beginning of World War II. At that point, the international community desired an organization, which would possess more force than the League of Nations. The League was deemed unsuccessful when it was unable to stop Italy from taking over Ethiopia and Hitler's invasion of the Rhineland (Morsink 1).

At the end of World War II, the international community felt the need for an effective international organization. An organization, which could create international law, for all states to follow. The result of their desire is the United Nations. This organization, commonly referred to as the UN, was erected with a charter. States who became members of the organization agreed to "Fulfill in good faith the obligations assumed by them in accordance with the present charter" (Article , section ). The term present, as taken directly from the charter, specifically refers to the United Nations Charter. Once states gain membership, they are required to follow United Nations' laws. One might ask however, weather or not there is a need for international law or just an organization, which works to promote world peace. The truth of the matter is, world peace cannot be attained without the use of international law.

What is international law? In order to make international law, one must understand what it is. International law can be defined in many different forms. Gerhard Von Glahn offers several different definitions in his book Law Among Nations, An Introduction To Public International Law

"International law is a body of principles, customs, and rules recognized as effectively binding obligations by sovereign states and such other entities as have been granted international personality" (Von Glahn).

"The Law of Nations, or International Law, may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with one another" (Brierly).

"International law consists in certain rules of conduct which modern civilized states regard as being binding on them in their relations with one another with a force comparable in nature and degree to that binding the conscientious person to obey the law of his country, and which they also regard as being enforceable by appropriate means in case of infringement" (Hall).

"International Law is the law which the wicked do not obey and which the righteous do not enforce" (Eban).

Regardless of the different definitions of international law, there is one common thread. Each of them understands the need for an international community in which the interactions of different states are in some manner regulated.

The United Nations' Charter continues stating, Members "Shall give the United Nations every assistance in any action it takes in accordance with the present charter and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement actions" (Article , section 5). This brings an additional requirement of member states. Not only must they enforce United Nations policy within their own territories, but they must also assist other member states in doing so. Likewise, member states must assist the United Nations in making member states follow United Nations law if they choose not to. Further in Article two, section six, the charter dictates "The organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security " (citation). As such, not only do member states agree by being a member, to follow United Nations' dictates. Further, they agree to make non-member states follow the law in areas where their actions would disrupt international peace and/or world security. The term Organization here must be interpreted as the member-states and their representatives as the member-states compose the organization.

The United Nations' Charter continues in setting out the manner in which the organization will operate. It is understood by each member state, under this document, any policy established is intended to be international law and thus affect every member state.

Purpose

One of the United Nation's main goals is to have universal and international policies. One can find this idea in the Charter under articles 55 and 56. Article 55 requires the "creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples." It continues stating "the United Nations shall promote Higher standards of living…solutions of international economic, social, health and related problems; and international cultural and educational cooperation; and universal respect for, and observance of, human rights and fundamental freedom for all without distinction as to race, sex, language, or religion." Article 56 is the enforcement clause relative to article 55, which I just spelled out above. It states "All members pledge themselves to take joint and separate action in co-operation with the organization for the achievement of the purposes set forth in Article 55."

As I have asserted previously, states who become signatotories to the United Nations' Charter act in the same manner as signing a treaty. As such, they have an obligation to abide by the concessions they agree to when becoming a party to the Charter. When a state becomes a signatory however, it must understand what it is agreeing to and in this case, what the purpose of the organization is. These two articles spell out the purpose very well. Additionally, one can see, the articles further the idea of having some form of universal law working to create a better situation for all peoples of the world.

ACCOUNTABLITIY OF MEMBER-STATES

States do not necessarily abide by the concessions they agree to when signing the United Nations Charter. As such, the United Nations, must undertake additional steps in its effort to create a better situation for all the peoples of the world. When member states fail to abide by their end of an agreement, the United Nations finds itself in a difficult situation. The United Nations does not have an international military force or an ability to tax any citizens. The result is an inability to enforce its policies without the assistance of its member states. It depends on the membership fee each state pays for its revenue. Likewise, it depends on the contribution of military forces from each of its member states in order to carry out its policy when needed. Many members, including the United States, fail to pay their membership fee or fall very far behind. Additionally, there is an issue of the content of United Nations policy. While each member state agrees to follow United Nations policy, they do not always do so. One possible reason for their inaction is the content of United Nations policy or one policy n general. If a member-state does not like a policy, they may refuse to contribute funds to the United Nations based on that premise. While each member state does have a voice in creating the policy, the final policy established may be unsatisfactory to a member-state. Given there is little coercive power to make states pay their pledged funds; they may use this as a reason not to pay. This puts the UN it a situation where it has little capitol to work with. Additionally, many member states are unwilling to contribute their own military forces to assist in the international community. The result is the UN having little to no coercive power to enforce its policies.

While member states have a duty to contribute, by virtue of being a member, there is no manner in which they can be compelled to do so. It is merely their choice when and how to act. As such, states have failed to follow and enforce UN policies. When there is little coercive ability or action, states generally have little reason to create policy on their own. The result is, any policy made by the UN may not truly affect the world community and population.

Since UN policy may not always be enforced, the member states do not always follow it. One example of a member state not following international law is the issue of Israel's treatment of the Palestinians. In February of 00, the UN General Assembly, its main legislative body, passed Resolution 57/14. It calls for a special committee to "Investigate Israeli practices affecting the human rights of the Palestinian people and other Arabs of the Occupied Territories."

The motivation for this resolution was a belief that Israel had violated the human rights of civilians during times of war. This specific action, as outlined in the Geneva Convention and international humanitarian law, specifically the Universal Declaration of Human Rights, violates international UN policies and treaties (UN Resolution 5/14). The violation states Israel is specifically in violation of the Universal Declaration of Human Rights. One must understand what this document is, before looking for some possible violations.

The Universal Declaration of Human Rights was passed as United Nations' resolution 00 A [XXI]. It was created in148 shortly after the UN's erection. Most legislation surrounding human rights enacted by the United Nations looks to this document for guidance.

One need only look to a few of the Articles of the Universal Declaration of Human Rights to see where Israel is in violation of the Declaration. Article three, "Everyone has the rights to life, liberty and security of person." By Israel's' actions of occupying the Palestinian territory, Israel violates, at the very least, many Palestinian's liberty and security. Article five, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." From reading the United Nations' Resolution stated above, one can find a concern regarding thousand of deaths and injuries of the Palestinian people, by the Israelis. This is an example of the Israelis subjecting Palestinian people to cruel, inhuman or degrading treatment. Such an action is in clear violation of the Universal Declaration of Human Rights. These are at least two areas where the actions of one member-state violate the Universal Declaration of Human Rights.

One may ask, should the member-states be required to follow the Universal Declaration of Human Rights given that it is only a resolution and not International Law? The response to this is simply logical. The Declaration was passed by the United Nations General Assembly; its main legislative body, as a Resolution. While resolutions are not law, they are an act of the United Nations. Each member state has a representative in the General Assembly to voice that state's position. Likewise, the Declaration was passed under the authority of the United Nations Charter. Each member states agrees when becoming a signatory to the Charter, to abide by its dictates. As such, member-states must abide by the Universal Declaration of Human Rights.

While member states do continue in there hostilities towards the Declaration, there is some progress being made. A report by the International Law Association indicates, "There would seem to be little argument that many provisions of the Declaration today do reflect customary international law." This shows an idea that while United Nation's member-states do not always abide by the Declaration, there is some progress towards its ideals (Hannum 15). The next question is, how does the Declaration purport to protect homosexual persons?

The document does not specifically provide for the protection of gay peoples. As in many areas of law however, interpretation of a clause or clauses is of vital importance. The Encyclopedia of Human Rights Issues since 145, asserts, at least eight of the 0 articles in the declaration can be interpreted to protect gay peoples. The clauses of those articles are

Article three, "Everyone has the right to life, liberty and security of person."

Article five, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

Article 1, "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right of the law against such interference or attacks.

Article 1, "(1) Everyone has a right to freedom of movement and residence within the borders of each states. () Everyone has the right to leave any country, including his own, and return to his country.

Article 14, "(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution."

One must understand why these articles are important. Article three, in some countries; it is illegal to be homosexual. It may be difficult for the policing authorities to arrest one for being homosexual. It is easy however, to arrest one for acting in a homosexual manner. Arresting one for acting in a homosexual manner, violates one's right to liberty and security of person. They are being targeted specifically for who they are and not for any action, which truly tends to harm a society. The punishment can be death. Putting one to death simply for being who they are violates one's right to life. There is truly no manner of due process where by one should have their life taken for some horrific action.

Article five, Governments punish people for being homosexual, as I have stated above. Some of the methods used for punishment are cruel, such as hanging, burning and being shot in a public square. Such actions are cruel and torturous. Further, is the issue of degrading punishment or treatment. This sections applies to the United States. Homosexual persons in the United States are subjected to degrading treatment and punishment. Later I will explain the Bowers case which swill show how to men were arrested for engaging in sexual intercourse in the state of Georgia. The United States Supreme Court upheld Georgia's law. This is an example of the United States treating homosexual persons in a degrading manner.

Article 1, Being or acting homosexual is a private matter. One in which the government should not intrude into. Given governments do not prosecute people for being heterosexual or acting in a heterosexual manner, then it follows as an arbitrary act for a government to interfere with one who is homosexual.

Article 1, One must remember the discussion in this paper is the protection of homosexual persons. It is very likely that if a homosexual person left their country, they would not be allowed to return, depending on the government. While this may not seem like a possible situation, it is. It is easier for a nation-state to expel one from their territory, rather than prosecute them for being homosexual.

Lastly, article 14, If one lives in a nation-state such as Egypt, where they will be prosecuted for being gay, this is important. In 001, over 40 Egyptian men were arrested for allegedly practicing homosexuality. men were acquitted, and 1 were jailed. Facing criticism from human rights organizations, Egyptian President Hosni Mubarak, ordered new trails for all 1 men. The new trials resulted in harsher sentences for those men (Planet Out News). This article allows homosexual people, within the nation-state of Egypt for example, to leave their country for another where they can gain asylum from being prosecuted for their lifestyle.

One can see, The Universal Declaration of Human Rights can work to protect the rights of homosexual people. Although the Declaration does not specifically mention this group, it does offer them assistance. Such assistance comes through the interpretation of the articles in an effort to prevent governments from harming homosexuals. Interpretations come through many different mediums. One of which is Non-governmental Organizations.

Non-Governmental Organizations

In the international community, non-governmental organizations play a key role. They present injustices, research injustices and offer solutions to governmental bodies. The UN looks to these organizations for assistance. In 18, the United Nations Department of Public Affairs and several Non-Governmental Organizations meet at the fifty-first annual conference. At this conference, the participants, such as Amnesty International, The Human Rights Office of the Franklin and Eleanor Roosevelt Institute and the Human Rights Watch joined members of the United Nations to discuss the further implementation of the Universal Declaration of Human Rights. The assistance of non-governmental organizations is of vital importance. These organizations specialize in these areas of concern and gain valuable information. They collect statistical data, which governments can utilize. These actions reduce the costs, which governments might otherwise have to incur. The dynamics of the relationship between non-governmental organizations and governments is interesting. Non-Governmental organizations, in addition to presenting facts which help governments, also seek new policies. As such, the work of the two bodies is not always reciprocal. Many times the non-governmental organizations undertake more work and action than governmental bodies (NGO/07/PI/1080).

International Policy Action

Governmental bodies make the ultimate and final decisions, which are binding on their respective citizens. With the existence of Non-Governmental Organizations, comes pressure on governments to take action. Although slow to come, there is some progression in parts of the world toward equality.

In 15 The Council of Europe designed a court as a result of The Convention For The Protection of Human Rights and Fundamental Freedoms. This Court, The European Court of Human Rights, is charged with hearing cases and enforcing dictates relative to those nation-states, who agreed to the contract, which resulted from the convention listed above (www.echr.coe.int).

In 181, the European Court of Human Rights heard the case of Dungeon v. The United Kingdom. The case brought under scrutiny the United Kingdom's laws banning homosexual activity in Northern Ireland. The United Kingdom had decriminalized male homosexual activity in England and Wales in 167. However, the laws were left in tact in Northern Ireland. Mr. Dungeon was a gay activist who challenged the law. The Court vacated the laws of the United Kingdom, indicating they went against privacy rights and subsequently the European Convention on Human Rights. Mr. Dungeon brought the case before the court, citing The European Convention For The Protection of Human Rights and Fundamental Freedoms. While there was no specific reference to homosexual people in the documents of the convention, it was felt other areas could be interpreted to defend gay rights (Sanders ).

His aspirations proved fruitful and the court ruled in his favor. Its ruling stemmed from an interpretation of the privacy clause erected at the convention. Likewise, it related to Article 1 of the Universal Declaration of Human Rights. As stated before, this article protects from arbitrary interference on one's privacy. Again I assert, homosexuality is a private manner. Additionally, the United Kingdom's actions were arbitrary. They were arbitrary as the laws only affected homosexual persons living in Northern Ireland. Thye law targeted a specific group of people.

The ruling of the European Court of Human Rights is binding across Europe. This case broke the ground for the world scene. IT showed how parts of the world were starting to deal with the issue and understanding the need for equality and protection from government. The decision of the European Court of Human Rights forced the United Nations Human Rights Committee to initiate work in this area (Sanders )..

In 14, the United Nations Human Rights Committee heard and decided the case of Toonen v. Australia. This was one of the first cases brought before the United Nations dealing with homosexuality. The case possessed the same characteristics as the Dungeon case. The Committee stated above, concluded in their decision.

"discrimination on the basis of 'sexual orientation' was a form of discrimination on the basis of sex" (Sanders, 1).

Here again the issue of interpretation comes into play. The results of this decision could potentially have a far-reaching impact on anti-gay laws. Many documents, in law, offer protection based on sex. The United States is no exception. There are protections based on sex in many United States federal laws down through state and local municipal laws.

In a world where nation-states act in a legalistically consistent manner, following treaties they concede to, these decisions would not be necessary. There would not be a need for courts of this nature. Nation-states would vacate their anti-gay laws. The reality proves otherwise. In fact, very few nation-states have changed their positions to the extent these cases call for.

While laws worldwide have not changed to the extent as they have in the United Kingdom, they are changing gradually in some nation-states. In 14, the European Parliament passed a resolution calling on member states to make certain changes. The resolution calls for equality in consent age to apply universally, decriminalization of sexual activities between persons of the same sex, equality in government run social programs, laws protecting against discrimination based on orientation and access to national funds for social organizations (Langley, 186-187).

There is no binding requirement for members of the European Union to pass laws of this nature, but the resolution indicates some manner of progress. Progress however, must be measured by actions.

United States Action

From here on this paper will look at different actions by the United States (US) federal government. At current, the United States has made less progress than the European Union. There has not been any call for ending national discrimination or equality in governmental run programs. The most prevalent area of actions is at the local level as opposed to the federal level.

Only twelve States and the District of Columbia have laws in which

purport to protect gay people. Only states include sexual orientation as protected in their hate crime statues. Thirty states actively prohibit same sex marriage. Eighteen states continue to have sodomy laws. Only four states protect gay, lesbian, bisexual and transgender students. Sixty counties or cities offer domestic partner health benefits (Swan, Mazur ). These however, are at the more local level. As of yet, has been no great federal action towards achieving full equality. However, there are currently several different issues in the area of gay rights being confronted.

Laws made at the federal level offer protection to the entire nation. While in some areas, the federal government may not intrude; they may require states to enact legislation in order for them to be eligible to receive federal funds. Since the purse is key to the operations of a state, more often than not, the states heed to the requests of the federal government so that they can obtain the funds. The result is a semi-national policy.

SMALL SCALE ACTION

On March 11, 00, the House of Representatives began debate on a day of silence for homosexual/transgender students throughout the country. The idea behind this legislation is that many students have been victims of antagonization based solely on who they are regarding their sex or sexual orientation. This resolution is currently in the United States Senate.

ARMED FORCES

The United States military is another area of concern. The US, unlike the United Kingdom, is primitive in its interactions with the ideas of homosexuals and the military. Currently, the US has a "Don't ask, Don't tell" policy. The manner in which this policy operates is very straightforward. One does not ask if one is homosexual or not and one does not tell if they are homosexual or not.

The United Kingdom however, vacated its laws banning homosexuals from serving in the military in 1 (Sanders ). Unlike other decisions, which have in the past had their interpretations based on sex, not sexual orientation, this case, was interpreted on privacy and the ideals of democracy. According to the decision in Smith v. Lustig-Prean, . the "Hallmarks of a democratic society include pluralism, tolerance and broadmindnesses…The military concerns with operational effectiveness were based solely upon the negative attitudes of heterosexual personnel" (Sanders, ). This decision was a first in this area.

POSSIBLE EFFECTS OF SMITH V. LUSTIG-PREAN

The decision presents two new areas for operation in the United States. One, the idea of democracy and what a democratic society should be and how it should act. Maybe more importantly, is the concept of privacy. This is an issue, which has in the past been twisted and perked in the United States. For example, The United States Supreme Court in Roe v. Wade (17) based in part its decision on legalizing abortion under the privacy clause of the US Constitution.

Interpreting the clause in such a manner could potentially set a precedent. The results of which could cause this part to be consulted again for additional rights of the US citizenry. Idealistically this can be a model for future manners of consulting the constitution.

UNITED STATES SUPREME COURT

The United States Supreme Court has offered little visibility in this area. The largest case it has decided is that of Romer v. Evans (16). In this case, the state of Colorado had amended its constitution to prohibit the state government or any government bellow it from erecting policies, which were or could be construed to protect homosexual people.

The Supreme Court held the Amendment to the Colorado constitution invalid. However, they did not do so to create what one might term a great victory for all homosexual people in the United States. They held it invalid as the felt the amendment, which targeted a specific group of people, was in conflict with the equal protection clause of the United States Constitution (Sullivan 700-.704).

At the current term of the Supreme Court, the justices have concluded to hear a case of Lawrence v. Texas. The case involves sodomy laws, which the state still has in effect and are enforced. The case has not yet been decided.

MARRIAGE AND CIVIL-UNIONS

In 16, the Supreme Court in the state of Hawaii heard a case involving a lesbian couple's right to marry. Believing that if a decision from this state allowed gay marriage, other states would also be required to, some members of congress acted. Senator Don Nichols introduced bill S1740 and Representative Bob Barr introduced bill HR 6. The title of the bill was the 'Defense of Marriage Act" (Idelson 1).

The bill endured heated debate. Mr. Barney Frank, a gay representative, attempted to amend the bill, unsuccefully, many times. Opponents of the bill stated there was no need for it. It was in their belief if Hawaii legalized gay marriage, other states would not have to given the regulation of marriages is relegated to the states. Additionally, since Hawaii had not acted as of that date, there was no need for the bill (Idelson 1).

The bill, not only dictated that states would not be required to recognize homosexual marriages, but it also clarified for federal law, that the federal government only recognizes a marriage where both parties are of the opposite sex. On June 1, 16, the bill passed the House of Representatives by a vote of 4 to 67. It passed the Senate on September 10 by a vote of 85 to 14. President Clinton signed the bill into law on September 10, 16. He stated there was really no true need for a federal law in this area, however, he did sign in into law (Congressional Digest, v75 65).

EMPLOYMENT NONDISCRIMINATION ACT

At the same time the Defense of Marriage act was moving through the congress, the Employment Nondiscrimination Act surfaced. The bill was introduced as S056 in 16 by Senator Edward Kennedy and co-sponsored by Senator James Jeffords and 0 other Senators. The bill followed the same procedures and remedies as Title VII of the 164 Civil Rights Act (Congressional Digest, v75 5,64).

The act would prohibit discrimination of employees based on sexual orientation. Much like the Civil Rights Act of 164 prohibits discrimination based on race, religion and gender. The Employment Nondiscrimination Act would not apply to employers or unions with less than 15 people, the armed forces or religious organizations or colleges that were religious in nature or operated by religious organizations. It would have however; require religious organizations, when working in a for-profit environment to follow the law.

The bill went through heated debate. Senator Orin Hatch criticized the bill stating it would put a heavy burden on the federal courts and employers. His comments suggested the bill, although it specifically says the opposite, would require statistics collection. According to Senator Hatch, by granting the Equal Employment Opportunity Commission (EEOC) the same authority under this bill as it has under the Civil Rights Act of 164, it will be required to collect statistical data. Senator Hatch continued saying the courts will become over burdened with cases as the bill gives the federal courts the same jurisdiction as it has under title VII of the Civil Rights Act of 164. Hatch indicated, that part of title VII, allows the courts to order affirmative action if it finds an employer intentionally discriminated (Congressional Digest, v75 6).

Senator James Jeffords responds to this by presenting information on the state he represents, Vermont. This state has sexual orientation anti-discrimination laws. According to Senator Jeffords, in the five years since the law was enacted, there have been only 14 investigations initiated. He continued, stating there has been no large litigation and there has been no additional burden placed on their state courts or their state. He reported there had not been one employer complaint about the law and rather, thousands or Vermont's citizens now do not have to work hiding their true identity.

Senator Jeffords, reminded the Senate, that one's success at work must be based on their ability to do a job and no other factors. He continued stating the bill protects a right to be free of discrimination at work due to personal uniqueness independent of one's ability to do their job. Additionally, he remarked passing the Federal Nondiscrimination Act could potentially be the most important thing the Senate did in that year (Congressional Digest, v75 76).

Senator Jon Kerrey presented what amounted to an almost emotional reprimand of the Senate. Kerrey informed the Senate of his belief that one does not decide their sexual orientation. Rather he suggested, sexual orientation is innate and one is born either homosexual or heterosexual. According to Kerry " You don't wake up one morning and say I think I will be homosexual or heterosexual, for that matter." Senator Kerrey continued saying he does not believe employers are calling it a threat (Congressional Digest, v75 80).

Senator Ashcroft contributed to the dialogue stating that understands there could be a genetic base for this activity in some instances. However, he continued, the activity itself is a choice in other areas and that choice can be "made and unmade." Additionally, he stated his belief that the Senate ought to be careful of elevating one group of citizens over another. His belief was one that it would be more difficult to fire homosexuals and termination of a job, if this law was passed, was likely to lead to more lawsuits (Congressional Digest, v75 85).

The Federal Nondiscrimination act failed in the Senate on September 10, 16. However, the vote totals show a divided Senate on this particular issue. The vote totals were 4 in favor to 50 against. This was another defeat for the homosexual community.

Equal Rights and Equal Dignity for Americans Act of 00/Hate Crimes Prevention Act of 00

Currently, The United States House or Representatives is working on the Hate Crimes Prevention Act of 00. Likewise, the US Senate is working on the Equal Rights and Equal Dignity for Americans Act of 00. These two Acts are mostly identical. They are currently being worked on and if passed, will need to go to a committee of the whole for reconciliation between the two Houses.

The purpose of the bills is to enhance federal enforcement of hate crimes. The main substantive measure allows for the Attorney General of the United States to provide additional assistance to local law enforcement. The purpose of the additional assistance is to assist with the enforcement of violent crimes, especially those committed out of a hatred motivation.

The Senate version has, at present, been read twice and been referred to the finance committee. The House version has been referred to the House Committee on the Judiciary and subsequently reassigned to the subcommittee on Crime, Terrorism and Homeland Security (Thomas.loc.gov).

CONCLUSION

Understanding other countries, such as in Europe have protections afforded to them that we in the United States do not, is important. It shows what the United States government means when they say the US is the greatest democracy in the world. The world community knows the actions of the US government, and they see what we consider to be democracy. The information presented in this paper, displays the actions of other nation-states, the actions of the United Nations and a list of actions by the United States Federal Government. After reviewing the information presented, one should walk away understanding, the US is behind other states in its treatment of homosexual persons. While progress has been made, it does not compare to that of some other nations. Maybe in the future, the US will realize where it stands and how hypocritical it looks in the international community.

We are all too willing to support a UN mandate, which states Iraq must disarm. In fact, we are so willing to support such a mandate; we commit our armed forces to an all out assault and destruction of another country. At the same time however, the US is unwilling to follow the UN Universal Declaration of Human Rights, which allows for the equal treatment of homosexual persons. In fact, the US does not even need to look at the UN to create policy in this area. The Federal Constitution specifically guarantees that all people must be treated equally. Yet with two compelling documents, we are, still unequal.

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Beethoven

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Beethoven From Child to Composer

One of the best known and most famous composers in history was Ludwig Van Beethoven. He was born into an average, but musical, family in a poor city in Germany. The purpose of this paper is to explain the importance of Beethoven as a composer.

Beethoven was born on December 16, 1770. He was born in Bonn, Germany. He was baptized on December 17, 1770 when he was just one day old.

Beethoven was born into a very musical family. His grandfather was a famous bass singer who was hired by the Archbishop of Cologne in Germany. His grandfather raised Beethoven's father, Johann, to love music and also to be a great musician. Johann was a talented musician but not a very good father. Beethoven's mother's name was Maria Magdelena. She was a very loving mother to Beethoven and his brothers. His brothers' names were Caspar, Carl and Nikolaus.

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Beethoven went to the local primary school at age seven. He only studied here for a couple of years. He did not go to primary school long enough to learn to spell correctly, write neatly or to do math accurately. He did not get along with a lot of his schoolmates. They were very rude to him. One of them said to him, "How dirty you look. You should be tidier" (Thomas, 6). Beethoven's musical education began with his father. His father was not a great teacher because he had a bad drinking problem. He soon began studying with Christian Gottolob Neefe in 1781. Gottolob realized the talent Beethoven had and encouraged him to start composing and to move to Vienna so his music would be noticed. After leaving Germany, Beethoven said, "I thank you for the counsel which you gave me so often in my progress in my divine art. If ever I become a great man yours shall be a share of the credit" (Tames, ). After moving to Vienna, Beethoven studied with Joseph Haydn in 170. He also studied with Johann George Albrechtsberger.

At the age of 1, some of Beethoven's compositions were published. In 178, Neefe let Beethoven work for him as court organist without pay. This was common because most musicians at this time in history did not make much money even if they were paid to play. The next year Neefe gave him the job of accompanist and keyboard player to the court orchestra. He was promoted later to second organist with a good salary.

On March , 175, Beethoven gave his first concert at the Burgtheater. The concert was a big success. In December 175, he had a concert with his teacher, Haydn. In 176 he started writing music for some of Vienna's society balls. Beethoven decided to start having more concerts. On April , 1800 he had a benefit concert in Vienna. He played some of his new music.

At this point in Beethoven's life, he became known as a great composer. People noticed that his compositions were different from anything they had ever heard. He was making a difference in music composition. At this point in his life, he began to notice that he was having problems hearing. Beethoven was going deaf and knew that he would have to stop composing as his hearing became worse. As his hearing got worse, he worked harder to finish a string quartet and performed in March 1801.

Beethoven's music is usually divided into three main periods. The first period is usually called the early period. This period usually goes to the year 181. During this time his piano sonatas had a forceful quality. The most famous sonata in this period was the Pathetique.

At the beginning of the middle period he showed a new variety to his musical form. During this period, he wrote Moonlight in 1801. He also performed the Eroica Symphony. During the middle period, Beethoven showed what he had learned from Haydn.

During the late period Beethoven wrote the Hammerklavier Sonata in 1818. During this time he also wrote some funny pieces. This was the first time in his musical career that Beethoven's music was funny. Most of the past music that he had written had been sad. This period also showed Beethoven's love for music more than the early and middle period. Shortly after this period, Beethoven went completely deaf.

Beethoven died on March 6, 187. On the afternoon of his funeral, schools were closed and about 10,000 people followed his coffin. The funeral procession took an hour and a half to travel a few hundred yards. Famous singers carried the coffin. At the graveside service Franz Grillparzer praised Beethoven when he said, "He was an artist, and all that was his, was through his art alone. He who comes after him will not continue him; he must begin anew" (Tames, 8).

Beethoven had written his own epitaph in one of his notebooks. It said, "What more can be given to man than fame and praise and immortality?" (Tames, 8). The inscription that was put on his headstone was very simple. It said, "Beethoven, no one would ever need to be told who he was" (Tames, 8).

The purpose of writing about Beethoven is to show how important he was during his life as a composer. Because Beethoven introduced music that was totally different during his life, people today are able to appreciate him and his work. He also helped to prove that working hard does pay off even though it might take a while. In some of his musical pieces, an author, Mike Venezia, thinks Beethoven is saying, "Even with lots of problems, if you try hard enough, you can do anything you want, like I did" (Venezia, ).

Please note that this sample paper on Beethoven is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Beethoven, we are here to assist you. Your cheap research papers on Beethoven will be written from scratch, so you do not have to worry about its originality. Order your authentic assignment and you will be amazed at how easy it is to complete a quality custom paper within the shortest time possible!