Saturday, December 28, 2019

Big Brother Meet Big Data - Free Essay Example

Sample details Pages: 7 Words: 2170 Downloads: 1 Date added: 2018/12/17 Category Politics Essay Type Research paper Level High school Did you like this example? In George Orwells 1984, the story depicted a nightmarish vision of a world run by a totalitarian state. While it is thought to be a denunciation of Stalinism, it is more broadly, a fictional example of the realities surrounding authoritative power. While there are differing systems of government with varying severities of control, all forms manipulate meaning. Don’t waste time! Our writers will create an original "Big Brother Meet Big Data" essay for you Create order From the shift from twentieth century propaganda to censorship in the current twenty-first century, the state has historically decided what is shown and omitted. Due to the acceleration of technology, it has dismantled barriers which has falsely created an illusion of global interconnectedness and security. With the most profound technological change in human history: mobile, social media, and cloud computing. They all share one communality of the accessibility to personal information. This is where big brother meets big databases (Lauk, pg. 51). We are in a digital dystopia where much like Orwells world reality is distorted, individual thought is tainted, and critical democratic decision making does not exist. Impinged information has ruled and corrupted the thoughts of citizens in authoritarian states. The term authoritarian regime simply includes any undemocratic rule. In contradistinction to democratic leadership, authoritarian kind of leadership do not invite political compet itions, fundamental rights among its citizens and separation of power in its institutions (Hall Dealy, pg.106). Thus authoritarianism can precisely be defined as the rule which involves excessive control of the rule of people. State control over people in this form of rule can be termed as excessive. There is limited openness in states operations. Total control or centralization is the ideal form of governance but it is done with some limited control or decentralization. In these forms of governments power lies in the hands of either a civil dictator or a military dictator. These dictators rise to power by either military coup or through inheriting thrones from their family heirs. The following are some of the features of authoritarian governments; they use principals like fundamentalism, racism or nationalism to provide basis of ruling people. Rulers make each and every decision. They thrive on pressure and force to impose political obedience. Their governments control all arms of government like the judiciary and the media and consider the controls a matter of public interest. Only few people have the control to power. The rulers mainly depend on manipulation and moral corruption to impose their mischievous ideas. Bureaucracy is always put in experiment more especially by the police. Rulers gain legitimacy through manipulations, declarations and further by use of peace ideologies which do not exist.Rulers of these countries control people opinions and the only existed opinion should be one that is aimed towards praising these regimes. Social life among people is largely under state control. It is important to note the difference between authoritative systems which allows limited people participation and totalitarian (despotic government) control which takes control of everything (Hassid at al, pg.9). In this kind of totalitarian control the state does not invite any political opinion. Despotic leaders often lead with an iron fist and leave no any opinion to anyone else. On the other hand in a democratic government the power lies in the hands of the people. People in democratic systems are governed by the rule of law and citizens are guaranteed different rights by the constitution. All arms of government work independently and exercise separation and balancing of power. State media can be defined by as media form which is controlled editorially and financially by the state or government. The idea should not be compared with the state sponsored media which might be getting funding from the government but the government does not control what it does editorially. In state media there is no pressure to generate funds because it is entirely funded by the government. Even though, these Medias serve to pass propaganda by the state to the people in most cases. Modern propaganda can be viewed by many as current lies by the government which are spread using the state Medias in the authoritarian states. Censorship is defined as suppression of p ublic communication, speech and information on basis of it is harmful, sensitive, objectionable or politically incorrect as resolved by the government authorities or other powerful consensus. Private institutions and individuals may engage into censorship. This form of censorship is referred as self-censorship. Fake news has gained popularity to become a house hold name in the modern day society (Ulianovskii, Andrei, et al, 40). Fake news can be defined as articles, videos or published information which is not credible but is disguised by entities who produced it as reliable or true. Fake news in democracies can come from public media which is controlled by state with an aim of spreading false information to citizens. Fake news in democratic countries is spread by bogus sources of information. This bogus information sources can spread fake news with many purposes but mainly they aim at character assassination of individuals. It is evidently clear that this generation is living in what can be referred to as an information age. This is because modes of operations have switched from being industrial to being computerized and large data controlled systems. This has seen people change the ways in which they operate and pass information among each other. The digital revolution which took place in mid-20th century spurred what can be referred to as the info age. Information age was characterized by offline communications mainly relying on the traditional media forms like the television and radio to pass information. Growth of technology and need for more accurate modes of passing information saw the information age grow to a more accurate age form known as the intellectual validation period.This is where people do not have to rely on syphoned information by the media houses, but they can share information among themselves and transmit the information far across in alightning speed. In this intellectual age it is easy to spread propaganda at the same time it is eas y for it to be noticed easily and be rendered irrelevant by people. With more than half of the world population being able to access to information within social media platforms, authoritarians regimes have been facing a difficulty during spreading of false propaganda to their citizens. Back during the 20th century authoritarian governments were effectively able to take and win the hearts of their follower (Holdstock Nick, pg. 18). They often held the media hostage thus, they succeeded to spread their agendas effectively with little opposition from the less informed followers. It is during the same period that the communist party in china and Russia thrived and gained control of many parts of Eastern Europe and even the rest of the world. All borders in these nations were effectively sealed and any person who stood out to disagree with these regimes was easily suppressed by the general public. Now with growth of the social media authoritarians have been trying to battle these cha nges by inducing technological changes in order to oppose any enlightenment towards their schemes, but they are easily being discovered. The two big brothers, for instance, China and Russia are example of authoritarian systems faced with the challenge of managing the spread of what they term as exploitative information among their people. They tried to embark on tactics like creating fire walls and instantly deleting any information spread via social media platform, but they failed miserably. The reasons why they failed is obvious. A well versed IT personnel can easily break into the firewall and spread any information to any destination rendering the firewall ineffective. As far as deletion of information is concerned, it is inevitable that the information will have spread far and will have impacted largely before it is identified and deleted by the authoritarian state authorities. This new development has made people in this big brother countries to exercise self-censorship and su ccessfully dismissing state censorship. Due to the difficulty China faced in social media regulation it settled to total ban of the popular social media sites like Facebook, whatSapp and YouTube. They settled to forming similar social media sites like Weibo, renren and youku (Hall Dealy, pg.42). This Chinese social media sites effectively comply with censorship standards by china. Users of these platforms can be able to send friend requests among each other. They can also share their feelings through icons and express any critics, further they can share images, videos and articles but in a well censored manner by the government. Chinese government carries out this censorship by regulating and controlling the number of people who can interact through these platforms at a single instance. Growth of social media in China, Russia and other authoritarian nations sparked people action. For the first time in a period of a century long, protests were held in parts of Russia and China. G roping social media users is an authoritarian censorship tactic that has succeed in China. Russia on the other has been using its state department of information to spread propaganda. Russia state department of information uses what can be called well-orchestrated propaganda from those in power. Russian government has been spreading its propaganda affairs using unanimous accounts. These accounts belong to government officials who always impost as users and feed people with wrong information. The term implicit biasness can be referred to as having attitudes and associating them with stereotypes rather than implying truth about them. Chinese, Russian and some Middle East leaders have been using implicit biasness to spread wrong gospel about the west more especially Britain, The US and Israel (Kellner Douglas, pg.59). Their tactics have worked and in very notable cases, western culture has been attacked viciously by countries which are against the rule of people. Cognitive dissonan ce is the mental unstableness normally experienced by people who have different beliefs, ideas and values. Cognitive dissonance is another powerful tactics used by the Chinese to fight investments from the west. They tell their people that businesses from the western countries have been brought to their countries in order to exploit them. Many American and British corporations have incurred losses in former communist countries due to cognitive dissonance. Echo chambers and filter bubbles are frequently used terms. Echo chambers is more of mocking term in regards to people failure while filter bubbles is used to describe peoples blind spots or lack or idea among people.Middle East and Far East countries have used these tactics to spread bad news about democracy. This has made it easy for them to use religious and cultural factors to fight liberalism and peoples power in their countries. Religion especially the Islam have successfully used these ideas to encourage terrorism among thei r people against the west. Absence of individual thought is a tactic used by dictatorships North Korea being the most successful implementer of the tactic. When using the tactics dictators inflict fear among people and create an impression that they are the only ones who can solve their problems. By doing so the dictators hold anybody who fights them hostage making it easy for them to rule the misinformed people. They also use the tactic to misinform people about other powers who can help them. North Korea in the last decade has fed its citizens with negative information about the US. The totalitarian government has even included a subject which demonizes the west in schoolssyllabus. Thus, because of that, young people in North Korea grow up with a negative mentality against the west and look forward on how they can use war to destroy the west. From the above information it is true that George Orwell statements about how totalitarian and authoritative systems thrive by manipulati ng people thoughts. They are able to take control of people, as well as, doing away with anyone who is against their ideas.State Censorship has been practiced in these countries for generations evolving with growth of technology and media. These countries self-fishily take advantage of technology created by the west to enforce their dictatorship rule to secure power among themselves. The two big brothers for instance, have used growing technology to spread their wings widely and seek attention within their people and even from the international community. They have really succeeded in framing Orwells 1984 question that, how can you speak truth to power, when power speaks truth by definition? Works cited Kellner, Douglas.? Media spectacle and the crisis of democracy: Terrorism, war, and election battles. Routledge, 2015. Holdstock, Nick.? Chinas forgotten people: Xinjiang, terror and the Chinese State. IB Tauris, 2015. Ulianovskii, Andrei, et al. Social Media Impact on the Transformation of Imaginary Political Characters in Russian Youth Culture.? Digital Transformation and Global Society. Springer International Publishing, 2016. 35-44. Hassid, Jonathan, and Wanning Sun. Stability Maintenance and Chinese Media: Beyond Political Communication Journal of Current Chinese Affairs? 44.2 (2015): 3-15. Hall, Dealy. POSC 3631 China and Russia in Comparative Perspective. (2015). Lauk, Epp. How will it all unfold? Media systems and journalism cultures in post-communist countries.? Finding the right place on the map: Central and eastern European media change in a global perspective? (2008): 193-212.

Friday, December 20, 2019

Argumentative Essay Distracted Driving - 1080 Words

Karen Stebbins Instructor: Victoria Wiggins English 1101, composition 1, section NET36 April 17, 2016 Distracted Driving Having your phone with you driving has become a big part of our daily lives. While it is a great tool to have if there was an emergency, it’s also leading to our destruction. Every single day I watch in horror as driver’s text whilst they are driving. We have all heard for years that it is dangerous to use our phones while operating a motor vehicle, so why does a greater part of the population, mostly teens, continue to practice this dangerous act? I believe it is because the laws are not strict enough to be a deterrent. Illinois is one of 14 states that has a hand held cellphone bans, â€Å"Illinois is the 12th state to ban the use of hand-held devices while driving. Texting and driving was banned in 2010.â€Å" (WQAD.com. WQAD News 8, 11 Feb.), though we can use hands free devices which according to legislation is described as â€Å" a driver using an electronic communication device in hands-free or voice operated mode, which may include the use of a headset;† (Illinois Compiled Statutes. Illinois General Assembly. Web. 17 Apr.2016†). But even with being able to use hands free devices, drivers still tend to text and take phone calls whist in motion, and at any given time of the day 800,000 drivers are using hand-held phone while driving. (National Highway Traffic Safety Administration), and there was one fact that really made me realize how much of a problemShow MoreRelatedTexting While Driving Argumentative Essay773 Words   |  4 PagesArgumentative Essay Many accidents are blamed on distracted driving and most of the distractions are caused by cell phone usage. However, some opponents feel that creating a law against cell phone use infringes their personal rights. 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Thursday, December 12, 2019

Entertainment and Venue Management

Question: Describe about the Contribution of arts, entertainment and venue industry to the national economy, and Current and future trends in arts, entertainment and venue management industry? Answer: Introduction The assignment will provide an overarching view of the arts and entertainment industry. The assignment will focus on the venue management, operation and funding of the live performance. The dynamic nature of the entertainment industry will be explored. The dynamic nature will be identified by identifying the trends in the public, private and the voluntary sectors in the world of entertainment. 1. Contribution of arts, entertainment and venue industry to the national economy 1.1 Analysis of the contribution of arts, venue and entertainment industry to national economy The media and the entertainment industry in UAE has been growing at a rapidly. The growth of the entertainment industry in UAE has contributed to the GDP of the country. The economy of Dubai has expanded the fastest in the last six years. The growth of the economy of UAE was fuelled by the surge in the growth of the trade, industry, hotels and non-oil sectors. There was 4.7% growth in the economic performance of UAE as it has been forecasted by the Dubai economic council. According to the statistics department the hotel industry showed a growth of 13.7% contributing 29.2% of the GDP. In 2014, the contribution of the travel and tourism sector to the GDP of UAE was around 8.5% (Al Bawaba, 2013). The growth of the tourism industry in Dubai has driven the growth of the UAEs hotels, travel agents and the airline industry. The leisure industries like the restaurants have also increased. The UAE governments are anxious to encourage the development of the major cultural projects in Emirates. They have opened several art museums in UAE to promote the cultural zone. The cultural zone in UAE has contributed to the growth of the growth of the tourism, hotel industry. The growth of the entertainment industry has resulted in the growth of entertainment. The exhibition centers of UAE have become the venue for major industry events and conferences in the country. The venue centers like the ADNEC, DWTC, SIBF have organized various events, exhibitions and conferences. They have organized several fairs which has promoted the cultural heritage of the country (Gulfnews.com, 2015). 1.2 Comparison between the funding agencies and their impact on venue, arts and entertainment industry The tourism industry of the Dubai will be promoted by the Dubai Corporation for Tourism and Commerce Marketing. They have contributed to the growth of the tourism sector and the trade sector. The exhibition centers of UAE are developed with the contribution of the leading institutional investors, developers of the real estate, government funding. The consultants and the senior level professionals engaged in real estate business contribute to the development of the exhibition centres in UAE. The contribution of the government has been enormous in the development of the exhibition centres in UAE. The centers have been funded by the local agencies. But the funding from the government in these sectors has been on a larger scale. This has contributed to the overall growth of the entertainment industry in UAE. The growth of the real estate business has driven the increase in the number of construction of museums, exhibition centers (Dubai.ae, 2015). 2. Investigation of the range of activities offered by the arts, entertainment and venue management industry 2.1 Brief summary Arts industry At the beginning of the millennium, UAE was not on the art map but it proved itself as one of the emerging art market by promoting and attracting the good art investors. The country has invested lump sum money to develop the infrastructure of the country to develop the social institutions. The media and culture has developed in UAE since 2006. It has led to the establishment of the Ministry of Information and Culture and there has been development of the National Media Council. Emirates Media is a pioneer of multimedia in the Arab region. The development of the television, radio industry falls under the media company. The art industry in UAE has flourished with the development of the radio and television sector in UAE. Entertainment industry The tourism and hotel industry are one of the flourished entertainment industries in UAE. They have contributed to the strategy of the Government to maintain the inflow of foreign capital in the country. The tourists find Dubai a luring shopping destination. They tourist spots in Dubai possess ancient as well as modern attractions. There are large number of heritage buildings and forts in UAE. The museums are built in UAE to address to specific subject areas relevant to the history and culture of the country. There is adequate funding from the Government for the development of the museum. The Government has promoted the development of the museum to make emirate a cultural tourism destination (Dubai.ae, 2015). Venue industry Dubai has a host of exhibition centers, conference halls in the country. One of the reputed exhibition centres in Dubai is the Dubai International Convention and Exhibition Center. It hosts a range of exhibitions of the country. There are other exhibition centers in UAE in which various events are held. The halls are located conveniently to fit the requirement of the visitors and the exhibitors (Sabella, 2015). 2.2 Comparison of the scope of the three industries The arts industry in UAE is influenced from the West. It attracts foreign investment. Unlike the entertainment industry like the tourism industry and the hotel industry, the arts industry has not flourished yet. The tourism and hotel industry has scope of tremendous development and success in the near future. The income of the tourism department contributes to the growth of the economy. The venue industry in UAE is developed and there is ample scope of future development. The exhibition halls in UAE organize various events at larger and smaller scales. It gives the boost to the various events in the country. The support from the Government is crucial for the development of these industries. 2.3 Profile of the audience The tourism industry in Dubai attracts mostly the high income earners. Dubai is an ideal shopping destination. Apart from the historical and the cultural heritage showcased by the country it also offers variety of unique goods to the visitors which have made it a preferred destination for shopping. The venue centers organize events and conference for big high profile companies. 3. Exploration of the management and operation of different type of venues 3.1 Comparison of the management and the operational strategies ADNEC (Abu Dhabi National Exhibition Company) is one of the most successful exhibitions, conference and events centre in UAE. It is the largest exhibition venue in UAE. It is a part of the international venue development and company of business management. The management team and the other parties of ADNEC are responsible for organizing the exhibitions or events at the venue. The exhibiters are concerned with the business undertakings that are associated with the events at the venue (Adnec.ae, 2015). The operations department prepare the layout plans to maintain safe access to all the amenities at the venue. It is seen that the venue is a safe place for showcasing the exhibition. The workplace is made free from injuries and incidents. The minimum acceptable standards are maintained at the hall (Adnec.ae, 2015). Dubai World Trade Center organizes and hosts range of world class of events. It organizes impeccable shows across multiple industries such as technology, health care, finance and business. The center offers the organizers with a range of support services for designing the venue. Dubai World Trade Center organizes a range of live entertainment events and weddings. It also organizes range of exhibitions, trade fairs and conventions. The management service at Dubai World Trade Center is supported by qualified team of management looking after the operational activities of the organization. The management team is responsible for handling the parking, valet services and the maintaining the flow of traffic as well as medical services during emergency conditions (Dwtc.com, 2015). 3.2 Evaluation of the work and responsibilities at ADNEC and DWTC The employees at ADNEC are provided with adequate training for the development of the skill of the employees. The employees are trained in such a manner so that they are able to deal with the specific area of responsibility so that they can manage any safety issues in the exhibition hall. The events that are organized in ADNEC are not limited to public gathering for entertainment purpose or any kind of private function like wedding but it organizes other similar types of business events (Adnec.ae, 2015). The employees at Dubai World Trade Center are provided with adequate training so they execute their responsibilities for managing the employees. The new employees have to undergo through an induction program. The employees are responsible for handling the grievances of the customers (Dwtc.com, 2015). The HR policies of the organization are made to promote the retention of the employees (Badam, 2014). 4. Current and future trends in arts, entertainment and venue management industry 4.1 Analysis of the current trends in the arts, venue and entertainment industry Globalization has brought the world to a single platform. This has increased the number of options for the customers. The customers have wide range of options to choose a tourism site. The rise in the number of options has reduced the viability of Dubai as the preferred location. But globalization has also increased the number of tourist visiting Dubai and it has positive impact on the GDP of the country. The venue industry in Dubai is flourished (repository.library.georgetown.edu, 2015). 4.2 Current funding arrangements The Government made large investments for the infrastructural development of the country to preserve the cultural heritage. It is constantly reviewing the cultural heritage projects, organizing exhibitions and conference to preserve the historical cultural image of Dubai. The private funding agencies are engaging themselves for the development of the venue centers in the country. 4.3 Impact of changes in technology The technological advancement has positive and negative impact on the entertainment industry of UAE. The use of the mobile phones and tablets has made certain entertainment easily accessible to the audiences. This is reducing the profit of the theatre halls. But there is rise in the trend of online booking and enquiry which has increased the sale of tickets at the theatres in Dubai during weekends. The technological advancements have positive impact on the growth of the venue centers (uaeinteract.com, 2015). Conclusion The entertainment industry in UAE has contributed to the growth of economic condition of the country. The GDP of the country has flourished. The growth of the tourism industry has led to the growth of the associated industries like the hotel industry and hospitality industry. The Government of UAE has made adequate funding for the upliftment of the arts and entertainment industry of UAE. The operation and management of ADNEC and Dubai World Trade Center reveals their top class performance of the centers. References Adnec.ae, (2015).ADNEC EHSMS MANUAL Page 1 of 15 Chapter 15 Standard Operating Procedures and Forms. [online] Available at: https://www.adnec.ae/docs/ehsms-safety-documents/adnec-ehsms-rcop-15-03_complex_structures_v1-0.pdf?sfvrsn=2 [Accessed 24 Feb. 2015]. Adnec.ae, (2015).ADNEC EMPLOYEES TO HELP MANAGE EXCEL LONDON DURING LONDON 2012 OLYMPICS. [online] Available at: https://www.adnec.ae/corporate/press-releases/2012/2012/07/24/adnec-employees-to-help-manage-excel-london-during-london-2012-olympics [Accessed 24 Feb. 2015]. Al Bawaba, (2013).Key sectors contribute to record UAE GDP growth. [online] Available at: https://www.albawaba.com/business/uae-gdp-growth-531934 [Accessed 24 Feb. 2015]. Badam, R. (2014).Dubai to launch tourism fee in March to help fund Expo projects | The National. [online] Thenational.ae. Available at: https://www.thenational.ae/uae/tourism/dubai-to-launch-tourism-fee-in-march-to-help-fund-expo-projects [Accessed 24 Feb. 2015]. Dubai.ae, (2015).Dubai Economy. [online] Available at: https://www.dubai.ae/en/aboutdubai/Pages/DubaiEconomy.aspx [Accessed 24 Feb. 2015]. Dwtc.com, (2015).Dubai World Trade Centre | World Class Exhibitions in Dubai. [online] Available at: https://www.dwtc.com/en/Pages/default.aspx#.VOxKMfmSzTo [Accessed 24 Feb. 2015]. Gulfnews.com, (2015).UAE film industry is bursting with an array of talent. [online] Available at: https://gulfnews.com/arts-entertainment/film/uae-film-industry-is-bursting-with-an-array-of-talent-1.836370 [Accessed 24 Feb. 2015]. repository.library.georgetown.edu, (2015).THE CULTURE OF COMMERCIALISM: GLOBALIZATION IN THE UAE. [online] Available at: https://repository.library.georgetown.edu/bitstream/handle/10822/553278/alkhazrajinathan.pdf?sequence=1 [Accessed 24 Feb. 2015]. Sabella, S. (2015).Is The United Arab Emirates Constructing its Art History? The Mechanisms that Confer Value to Art. 1st ed. [ebook] pp.126-131. Available at: https://stevesabella.com/CP%20Volume%20V.pdf [Accessed 24 Feb. 2015]. uaeinteract.com, (2015).MEDIA CULTURE. [online] Available at: https://www.uaeinteract.com/uaeint_misc/pdf_2007/English_2007/eyb8.pdf [Accessed 24 Feb. 2015].

Wednesday, December 4, 2019

Law of Business Organization Indoor Management

Question: Discuss about the Law of Business Organization for Indoor Management. Answer: Solution 1 Issues The main issues that arose in the given scenario are: Whether there is a valid contract amid Executive Car Fleets Ltd (Car Fleet) and Speedy Auto Hire Ltd (Speedy) for the sale of cars? Whether Speedy has right in law to avoid the contract if established amid the parties? Law In the present given scenario, the law of Indoor Management Rule and section 128 and section 12 of the Corporation Act 2001 (Act) is applicable. Whenever any company wants to make a contract then the same is valid provided it is undertaken by its authorized agents. The agents are authorized when they posses relevant authorities, such as: (Krawitz 2002) Actual authority when an authority is granted to an agent by his principle under a specific agreement/contract then such an agent has actual authority and is held in Freeman Lockyer (A Firm) v Buckhurst Park Properties (Mangal) Ltd (1964). The actual authority can be express (when granted by the principle purposely either orally or in writing) or implied (when the authority is granted by the conduct or actions of the parties) and is held in Hely-Hutchinson v Brayhead Ltd (1968). Ostensible authority when the authority is assumed by others to be possessed by a person then such is an ostensible authority. Normally, when a company holds out a person to an outsider and represents that such person does have certain authority then an outsider can rely on such representation and can make valid contract under the ostensible authority of such person. Thus, any contract which is undertaken by an agent with an outsider within his authority will bind the company and the company has to honor the contract which is established by such an outsider. However, many a times, an outsider undertakes a contract with a person on the belief that such person has the relevant authority but in reality such person does not possess any authority, then, such contracts are normally voidable by the company on the ground of lack of authority. But, this avoidance of contract is not just for those outsiders who deal with the company officers on the belief that such officers are authorized to deal on behalf of the company. To protect such honest outsiders the law of Indoor Management Rule laws formed in Royal British Bank v Turquand (1856). As per the rule if any outsider is undertaking any contract with a company on a belief that the agent with whom he is dealing has requisite authority and has no knowledge of any irregularity, then, such an outsider is under no obligation to check the authenticity of the agents authority. Under the Indoor Management Rule he can assume that all the internal management procedure which are required to authorize such an agent are comply with and thus the contract is binding upon the company. However, there are few exceptions to the rule, such as: (Krawitz 2002) When the outsider is aware of the irregularities of the lack of gent authority; When he can put in mere enquiry and be aware of the irregularities and is discussed in Northside Developments Pty Ltd v Registrar-General (1990). Further, under the Corporation Act 2001, there are two important provisions which are applicable in the given situation. The same are section 128 and section 12 of the Act. As per section 128 (1) any person who is dealing with the company has an authority to make assumptions as provided in the section 12 of the Act (Gye v McIntyre (1991). However, as per section 128 (4) it the person who is making the assumptions under section 12 of the Act is aware that the same are irregular and incurrent then such person is not entitled to make the assumptions. The knowledge of the irregularity must be actual and is held in Tesco Supermarkets Ltd v Nattrass (1972). As per section 129, a person can assume that all the provision of the Constitution and the replaceable rules if applicable are comply with by the company and there is no irregularity in the same and is discussed in Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989). As per section 129 (3) an outsider can assume that any agent of the company is duly appointed and has authority to perform the actions. (Krawitz 2002) Thus, these are the applicable laws that are applied to the given factual situation. Application Dan is an employee (Vehicle Sales Manager) of Executive Car Fleets Ltd (Car Fleet) and sells on the companys behalf. Whereas Mark is an employee (Vehicle Purchasing Manager) of Speedy Auto Hire Ltd (Speedy) who make purchase on his companies behalf. Various contracts are entered amid Dan and Mark. Thus, both the parties are dealing with each other from some time and are aware of each others respective authorities to bind their company by their respective actions. Dan has often signed contracts with Mark for the sale of cars. On Thursday (9.00 am) Dan has send an email to Mark specifying that he has authority to sell cars @ $ 50 000 per car and he must come at 4 pm to sign the contract. At 4 pm, Mark visits Dan and signs the deal to buy the vehicles for a total price of $ 1 500 000. Thus, at this stage it is submitted that since both mark and Dan has requisite authority to bind their companys, thus the contract entree red by them are valid. However, before signing the contract Dan has met Mary (CS at Speedy). She submits that there are chances that Mark will be fired from his job. Dan communicates the news to Johnson (CFO) who does not gave heed to the news and asks Dan to continue with the deal. It is submitted that Dan and Johnson are aware of the irregularity that might take place. Even after getting aware of the same they continued with the contract with Mark. Thus, by applying the exceptions to the Indoor Management Rule, it is submitted that an outsider must act in good faith to rely on the rule and if he is aware of the irregularity then no protection can be granted. Thus, Dan and Johnson are aware of the irregularity and are not dealing in good faith thus they are not protected under the Rule. Also, they cannot rely upon the assumptions mentioned under section 129 of the Act as they are aware of the irregularities. Conclusion Thus, Speedy has full right to rescind the contract entered amid Dan and Mark as the same is not protected under the Rule and section 129 of the Act. Mark and Johnson are aware of the irregularities n thus they cannot take advantages of their own wrong. Solution 2 Issues What actions can be undertaken by Peter for the decisions taken by Sparkles Ltd? Are there any remedies that can be availed by him? Law Whenever any company is formed then it is considered as a separate legal entity in the eyes of law. The company is considered to be distinct from its members and any actions which are undertaken by its officers and members are undertaken in the name of the company. It is the company alone which can sue and be sued ion its own name and this concept of separate legal entity is rightly established in the Salomon v Salomon Co Ltd (1897). (Puig 2000) In any registered company, the people who holds the share of the company its shareholders. The person who hold the major shareholdings of the company are major shareholders and the persons who hold fewer amounts of shareholdings are minor shareholders. It is the duty of the major shareholders to run the company in such a manner so that it is not against the interest of minor shareholders. (AICD 2013) But, many a times the actions of the company officers are such that they are not in the interest of the minority shareholders. In such situations a minority shareholder can take against such officers. A minority shareholder can take action under part 2F.1 of the Corporation Act 2001 for seeking remedies for oppression. Section 232-235 deals with the actions of oppression. As per section 234 of the Act, any member, any former member or any applicant who was the member when the application for the oppression was filed are eligible to file the application for oppression and is rightly held in Re Spargos Mining NL(1990). In Gooze v Graphic World Group Holdings Pty Ltd(2002), a sole shareholder was also allowed to file remedy for oppression. The application must be made with clean hands unless the same will be rejected by the court and is held in Re Bellador Silk Ltd(1965). (Aherns 2013) As per section 232, the court can allow the application for oppression provided the affairs of the company against which an application is made is not in the interest of the shareholders or is unfair, oppressive, discriminatory, etc. and is rightly held in (ASC v Lucas(1992). (Findlaw 2016)) In the leading case of Scottish Co-op Wholesale Society Ltd v Myer(1959), the court held that not availing business opportunities is a kind of oppression on the shareholders of the company. In Jenkins v Enterprise Gold Mines NL(1992), the court that if the directors of the company are not complying with their duties honestly and adequately then the same is considered to be oppressive in nature. Once it is justified that the applicant fulfills the criterias mentioned under section 232 and section 233 of the Act, then the court has power to make an order under section 233 of the Act. normally, the court has discretionary power to make any order it may deem fit. However, there are few remedies that are mentioned under section 233 of the Act, the same are: The court may wound up the company; The court may order the repeal or modification of the constitution of the company; The court may order that the affairs of the company must be regulated appropriately and is discussed in the leading case of Re Spargos Mining NL(1990). The court may purchase the shares of the members of the company and is discussed in the leading case of Rankine v Rankine(1995). The court may appoint a manager to the company in order to manage the affairs of the company appropriately and is discussed in Re Enterprise Gold Mines NL (1991). The court may also any officer of the company to act as per the directions provided by the company. Thus, this is the basic procedure which must be cater by a minority shareholder in order to protect his legitimate interest. Application The law as discussed above is now applied to the facts of the case. As per the facts, Sparkles Ltd (Sparkle) is a company which deals in custom jeweler. Peter Jones is a stationary businessman and also holds 5% shares in Sparkles. He was appointed by the company to supply stationary to the company for a term of three years. Thus, Peter is the minority shareholder in Sparkles. However, there are few decision which are taken by the company which are not found in favor of Peter: The company decided to source all its stationary requirements from Office Pax Ltd. The decision taken by the company was complained by peter, however, the board is reluctant to change the decision. The decision is totally against the contract that was signed amid Peter and the company and violates the terms of the constitution. Thus, an oppression is caused to the employee of the company. Roger (Director and CEO of the company) who holds 65% of the shares sells a rare sapphire on companies behalf to his nephew @ $ 5 000 which is actually worth $ 100 000. He is also selling Ruby @ $ 40 000 to his (Rogerson's) niece for $ 8 000. Thus, Roger is the major shareholder of the company and is acting and managing the affairs of the company in such a manner which are not in the interest of the company. The stones are sold at an undervalued price and thus the conduct is not proper and is against the interest of its members. It is thus advice to Peter that he must make an application under section 233 and seek remedies from the court. The court can grant remedy in the form of appointing a manger for managing the affairs of the company properly. Conclusion It is thus concluded, that peter must file an application under section233 and seek appropriate remedies from the court. Reference List Aherns (2013) Statutory Oppression Remedy Under the Corporations Act 2001 (cth) https://www.ahernslawyers.com.au/latest-news/statutory-oppression-remedy-under-the-corporations-act-2001-cth/. [viewed on 12th September 2016]. AICD (2013) Dont forget minority shareholders https://www.companydirectors.com.au/Director-Resource-Centre/Publications/Company-Director-magazine/2013-back-editions/April/Opinion-Do-not-forget-minority-shareholders. [viewed on 12th September 2016]. Findlaw (2013) oppression against shareholders https://www.companydirectors.com.au/Director-Resource-Centre/Publications/Company-Director-magazine/2013-back-editions/April/Opinion-Do-not-forget-minority-shareholders. [viewed on 12th September 2016]. Krawitz A (2002) Protecting Outsiders to Corporate Contracts in Australia, Volume 9, Number 3 (September 2002) https://www.austlii.edu.au/au/journals/MurUEJL/2002/22.html. [viewed on 12th September 2016]. Puig GV (2000) A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine, Volume 7, Number 3 (September 2000) https://www.austlii.edu.au/au/journals/MurUEJL/2000/32.html. [viewed on 12th September 2016]. Case laws ASC v Lucas(1992). Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989). British Bank v Turquand (1856). Freeman Lockyer (A Firm) v Buckhurst Park Properties (Mangal) Ltd (1964). Gooze v Graphic World Group Holdings Pty Ltd(2002). Gye v McIntyre (1991). Hely-Hutchinson v Brayhead Ltd (1968). Jenkins v Enterprise Gold Mines NL(1992). Northside Developments Pty Ltd v Registrar-General (1990). Re Spargos Mining NL(1990). Re Enterprise Gold Mines NL (1991). Re Bellador Silk Ltd(1965). Salomon v Salomon Co Ltd (1897). Scottish Co-op Wholesale Society Ltd v Myer(1959). Tesco Supermarkets Ltd v Nattrass (1972).

Thursday, November 28, 2019

Child Social Development

Introduction Social control theory developed by Travis Hirschi specially states that all individuals actually have the potential to develop antisocial or criminal tendencies however it is the â€Å"bond† they share with society whether in the form of friendships, recognition of societal rules and norms of conduct, parental influences etc. that prevent them from manifesting such behavior (Payne Salotti, 2007).Advertising We will write a custom essay sample on Child Social Development specifically for you for only $16.05 $11/page Learn More Hirschi goes on further to state that crimes occur due to individuals either losing or weakening the various bonds which bind them to society and as such results in them not caring of the social ramifications of certain criminal actions. It is based on this that it can be seen that instilling proper social-emotional learning early on in a child’s life is of paramount importance in ensuring that they devel op the necessary social and emotional bonds as well as the right way of thinking in order to succeed in aspects related to school, family life, community obligations and work. It is based on this that this paper will explore the various qualities needed in order for a child to develop into a proper and well-balanced adult that is ready to tackle whatever life throws their way. What is needed for Positive Social Development? All individuals need to have a skill set that helps them cope not only with social interactions but with personal relations and the bonds that help to keep them in place. It is based on this that one of the first personal capabilities that contribute to positive social development is empathy. Empathy is a way in which an individual is able to understand either the positive or negative aspects of another person’s life. It helps to facilitate a moment of deep thought and reflection wherein they place themselves in that person’s shoes and â€Å"feelâ €  how certain positive or negative events would feel if it happened to them. It is through this that people learn how to promote positive behaviors and limit negative ones due to their perception over how it would be like if such experiences had occurred to them as well. The second personal capability needed is tolerance; all too often people encounter various situations in their life that test their patience whether it comes in the form of a frustrating spouse, a demanding boss at work or even certain events that don’t go the way they were planned.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Tolerance can be thought of as a conscious effort to take such things in stride and to address them calmly and reasonably instead of reacting violently and irresponsibly. By developing proper tolerance an individual is able to respond to everyday challenges and cope with them instead of bein g frustrated and lashing out at those around them. The last personal capability needed for positive social development is responsibility. Individuals need to learn to take responsibility for their actions or to take into account the possible repercussions of certain actions and how they will be responsible for it. Through an understanding of individual responsibility individuals are able to limit negative behaviors due to their belief that they are inherently responsible for everything they do. This results in the development of further traits such as integrity, positive work ethics, as well as lesser predilection towards criminal behavior. Qualities needed in a Family Environment In order to bring about the positive personal capabilities discussed in the previous section there are distinct factors necessary in a family environment in order to bring them about. The first factor is a supportive family environment that facilitates independent action, emotional development and the crea tion of bonds that help to develop an individual’s social, emotional and mental stability. It is suggested by Siegel (2011) that it is socialization and not the social structure itself that produces either positive or negative tendencies within children as they grow and develop (Siegel, 2011). Siegel explains that â€Å"the more social problems encountered during the socialization process the greater the likelihood that youths will encounter difficulties and obstacles as they mature, such as being unemployed or becoming a teenage mother† (Siegel, 2011). It is based on this that social learning theorists suggest crime is a direct result of individuals learning norms, values, and behaviors associated with criminal activity (Siegel, 2011). When taking such factors into consideration it can be seen that a supportive family environment is a necessity in ensuring proper social development.Advertising We will write a custom essay sample on Child Social Development specif ically for you for only $16.05 $11/page Learn More Children develop their positive or negative tendencies through emulation and socialization within family units and as such the greater the support given within an environment for proper emotional and mental development that is in line with positive societal traits the more likely it is for a child to develop into a proper adult. The second trait needed within a family environment for positive social development is familial affection. What must be understood is that a child’s emotional growth is inherently dependent on the care and affection given to them during their formative years. It was seen in numerous cases of absentee mothers or fathers where children were left to their own whims and actions that their emotional growth and development was stunted leading to greater anti-social tendencies resulting in the potential for criminal behavior in the future. It is based on this that adequate familial a ffection that encourages positive emotional growth is a necessity in order to ensure that negative tendencies do not manifest themselves. Qualities of an Effective Classroom Environment A classroom environment is a place where children interact utilizing the personality traits they learned within their family environment inside a social setting and as such it is the responsibility of a teacher to either promote or discourage certain types of positive or negative behavior. One way of contributing towards the positive development of personality capabilities as expressed in the first section is to encourage cooperation and sharing among students. By helping students develop concepts related to cooperation and sharing they are able to take in the first steps towards understanding empathy, tolerance and responsibility. This is done through group exercises where children learn to work together, share materials and take responsibility for certain tasks that they are assigned to do. This he lps them to experience the initial aspects of a basic social setting resulting in the development of positive personality traits. The second quality necessary within a classroom environment is the creation of a reward and punishment system for displayed behavior. By instituting this form of behavioral control this encourages students to display positive forms of behavior such as respecting other children’s things, empathizing with their situations and encouraging them to be responsible for their own behaviors. On the other hand it must be noted that one aspect that should not be implemented within a classroom environment is a rigid and unyielding structure for learning.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Children should be allowed to learn at their own individual paces since not all children have the same capability. If lessons were to proceed at a predetermined pace without taking into account differences in learning ability some children may feel left out resulting in the development of attitudes related to depression or anti-socialization due to them being unable to keep up with the other students. Reference List Payne, A., Salotti, S. (2007). A Comparative Analysis of Social Learning and Social Control Theories in the Prediction of College Crime. Deviant Behavior, 28(6), 553-573. Siegel, L. (2011). Criminology. (11 ed., p. 523). California: Wadsworth Publishing. This essay on Child Social Development was written and submitted by user Omari Diaz to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, November 24, 2019

The People, Leisure, and Culture of Blacks During the Harlem essays

The People, Leisure, and Culture of Blacks During the Harlem essays It seems unfair that the pages of our history books or even the lecturers in majority of classrooms speak very little of the accomplishments of blacks. They speak very little of a period within black history in which many of the greatest musicians, writers, painters, and influential paragon' emerged. This significant period in time was known as the Harlem Renaissance. Blacks attained the opportunity to work at upper-class jobs, own their own homes, and establish status among themselves. To no ones surprise, they still were not accepted into the so called upper-class of white society, but they neither worried nor became distressed over the fact. They created societies of their own which opened doors for blacks to attain opportunities that were absolutely unheard of, just before the Renaissance. It was from this same society where the beautiful melodies of jazz emerged. Colleagues and peers of their own race, which created a powerful bond between them, accepted Blacks. The attitudes wh ich prompted the movement were those that came about because of the beginning of : (1) the nationalist tendencies of the time, (2) the movement of black Americans from slavery to freedom and from rural to city living, (3) Afro- Americans renewed pride in their African heritage, and (4) the influences of the period bounded by the close of the Civil War and the economic collapse of the 1930s. From education, to the stage of Broadway, to music, and to a revived race, blacks possessed more intelligence, talent, and ingenuity then they will ever be given credit for and it all began with the Harlem Renaissance. The Harlem Renaissance, also known as the New Negro Movement, was the greatest of literary periods in which creativity and vehemence were clearly expressed. Literature was no longer a white write looking at the black experience from his/her perspective, making judgments and trying to find under...

Thursday, November 21, 2019

Community Health Nursing Essay Example | Topics and Well Written Essays - 1000 words - 1

Community Health Nursing - Essay Example This paper provides you the most up-to-date information and also the basics of diabetes. This will effectively instruct patients and will help them to control their diabetes. For a successful maintenance and self-regulation of diabetes, the paper must address the important and current topics. Community: India, being the second highly populated country has more than 50 million people with type 2 diabetes. This kind of disease results from a genetic susceptibility and also from lifestyle to which mankind adapted to. For example, the western lifestyle and they are characterized by high calorie intake and little exercise. Some of Indians were brought to Mauritius in the year 1830 to work in the sugar plantations for physically demanding work. The Mauritian government was forced to promote industrialization and the export of manufactured goods due to decline in world sugar prices in 1980s, leads to increased prosperous and decreased physical activity among the local population. â€Å"So the death rate between 1982 and 1986 due to diabetes was increased three times and reached 13% by 1987 in the Mauritius Indian community† (Diamond, 2011). Demographic and Epidemiological Data: International Diabetes Federation published Diabetes Atlas in the year 2006. According to that around 40.9 million people in India were diabetic and are likely expected to increase up to 69.9 million by the year 2025 unless urgent preventive steps are taken. The stage of this disease has changed from slight disorder of the elder persons to one of the major reason for the â€Å"illness and death among the young and middle aged people† (Policy Documents, 2006). The increase in commonness of the disease is seen in all six inhabited continents of the globe. In between 1972 and 1975 the first national study was done by the Indian Medical Research on the prevalence of type 2 diabetes in India. It was 2.1% in urban and 1.5% in rural population. In people above 40 yr of age it was 2.8% in rural and 5% in urban. In between the year 1989 and 1991 a National rural diabetes survey was done in different parts of the country in selected rural population. To diagnose diabetes this study uses the 1985 WHO criteria and reported a crude predominance of 2.8% In Andhra Pradesh, the Eluru survey showed a prevalence of 1.5 % when looked for familiar diabetes in four. A Prevalence of 8.2% in the urban and 2.4% in the rural was reported in the year 1988 in Chennai. Across India a study based on population was conducted in six metropolitan cities by the National Urban Diabetes Survey (NUDS).It also recruited 11,216 subjects aged 20 yr and above representative of all socio-economic strata. Age standardized prevalence of 8.6% in urban population showed in western India. Recent studies reported a prevalence of 9.3% in rural Maharashtra. In Ernakulum district located in Kerala, a community based cross-sectional survey was done in urban by The Amrita Diabetes and Endocrine Population Sur vey (ADEPS). The survey has revealed a very high prevalence of 19.5%. 15.5% of overall crude prevalence of diabetes was reported using WHO criteria 14 in CURES(age standardized: 14.3%) and 10.6% with IGT(age-standardized: 10.2%).In Chennai, the commonness of the disease was increased by 39.8 per cent (8.3 to 11.6%) in between the year 1989 to 1995 and in between the year 1995 to 2000 it was 16.3 per cent (11.6 to 13.5%) and between 2000 to 2004, it was 6.0 per

Wednesday, November 20, 2019

Rational persuasion Term Paper Example | Topics and Well Written Essays - 1000 words

Rational persuasion - Term Paper Example The bargain wilds intensely as the teachers are seriously on the neck of the government terming them not serious about the lives of the children who are not being taught, as the government is quite reluctant about their issues (Hoch 2004 pg 64-9). Through out the bargains, the government given the tough economic times tries to use rational persuasion to try to sway the angry teachers to class. This evident since the government has directed their negotiations towards the influential minorities that is the teachers’ consultees; they are trained and given non-factual promises by the government (Hoch 2004 pg 97). The promises are non- factual given that they do not give any timelines and are not giving any statistical figures in form of percentage increase of the mentioned benefits. The limitation of this is that the method would not suppress the angry teachers are they are already aware of the conning that the government is likely to direct to them. Faced with such a situation in the future, an integration of both factual and rational would be considered to relay quite convincing information. Scenario 2 Rational persuasion for security of a country There is a terrorist group, which is seriously terrorizing the citizens’ of the country jeopardizing the role of the government of protecting its citizens. Though power is held by the state, the group is reckless and does not mind hurting any individual as they have nothing much to lose. The government on the other hand is not in the position of attacking those head on, as this may lead to the group unleashing its potential on the innocent civilians through their poisonous biological weapons. The government has therefore the option of engaging... There is a terrorist group, which is seriously terrorizing the citizens’ of the country jeopardizing the role of the government of protecting its citizens. Though power is held by the state, the group is reckless and does not mind hurting any individual as they have nothing much to lose. The government on the other hand is not in the position of attacking those head on, as this may lead to the group unleashing its potential on the innocent civilians through their poisonous biological weapons. The government has therefore the option of engaging the group in a discussion for a negotiation, which cannot be factual as the terror group, cannot be promised facts given that this would be against the sovereignty of the state.   In the persuasion efforts, the government presents on the table goodies for the terror group and promises them to be integrated in the running of the government. They are therefore, invited to select their top officials or the individuals they entrusts with t he promised positions and the intention of the government inviting them to this table is to peacefully detain the officials without the followers awareness. This is a divide and rule technique of running the government as the result is directed towards making the followers realize that soon they are likely to be detained as their leaders hence scaring their activities and the harms they are likely to create to the government. The rebels on the other hand purpose a negotiation through representatives.

Sunday, November 17, 2019

Discussion Board 6 Assignment Example | Topics and Well Written Essays - 250 words - 1

Discussion Board 6 - Assignment Example NASA was blamed for creating a cover up story as well as creating complex aircrafts and recognizing the risk without taking necessary precautions while BP did not get much blame for remaining true to the disaster’s outcome even though they ignored the risks behind their oil drilling project. (47). The oil industry spends most money on researching for safe drilling operation while ignoring the possible outcome of a disaster spillage (Meredith & Mantel, 2012). For instance, BP spends approximately 29 million dollars in a span of 3years on the research of safe drilling methods. Robert Wine, the company’s spokesman admitted that the company does not invest on oil spill cleanup researches but support the non-governmental ‘oil spill response organizations’. (48). Million dollar firms have public relation departments whose primary purpose is to respond to emergencies. For instance, the NASA took much of the blame from the Gulf oil spill due to its reaction to the disaster (Meredith & Mantel, 2012). In this case, multibillion dollar firm have public relation departments whose role is to respond to emergencies thus preventing the companies from incurring losses when responding to disaster. (49). The NASA and FMEA have both similarities and differences in there in their approach to risk. Both the NASA and FMEA have ways of protecting the might fail. They also have ways of estimating the likelihood of a fail (Meredith & Mantel, 2012). Both firms have ways of estimating the likelihood of failure occurrences and severity of the mission. However the FMEA has devised possible ways of protecting the might fail while NASA has not gone to such

Friday, November 15, 2019

Why is not ASEAN regionalism as successful as the EU

Why is not ASEAN regionalism as successful as the EU   Since the end of WWII, integration and regionalism has been the main focus for the study of international relations.   Peace was the main reason for creating a regional body, but since the fall of communism in the Soviet Union, the main focus on regionalism was on the economic.   The success of the integration in Europe had given the foundations of most of the earlier studies, which they tend to take Europe as a blueprint for the success in regionalism. Many third world regional bodies such as the ASEAN also look at Europe seriously because of its success.   By taking a comparative look at both organizations by their reasons to create a supranational body, the structures of both organizations; and evaluate them in terms of their successes, we can better understand both organizations. The integration process of Southeast Asia is very different from that of the EU in many ways that it creates the sense of uniqueness apart from the other regionalism around the world. Although it hopes to enjoy the same success as in Europe, there are many arguments whether it can achieve as much as Europe, such as in its past, the authoritarian style of governments, its economy structure, and its inability to solve disputes. The questions here lay in the future of ASEAN on which way is it going to go, and what it has to do to engulf successes of Europe. Right now regionalism that is undergoing in Southeast Asia is in a changing direction, economic success is seen as the main goal. The adaptation towards the European model acts as the guideline for the transformations. Nevertheless the need to understand the comparative work is very important towards future transformation in order to function as effectively as the EU model and to maintain the uniqueness of the ASIAN integration. The reasons behind ASEAN’s failure are the lack of institutions to enforce the structural co-operations from the members.   Part of understanding the background of both regions, looking i nto the history of the identity processing is necessary. There are debates about integration concerning the communal identities and the ideological structure that supports this. The comparative question over the identities of both organizations is why is it that the forming of the identity of Europe was more successful than the Southeast Asian region. What is the arguments concerning the identities of both organizations. With the EU, the question is based upon what are the factors that made up the European identity, and what determines what European is and what is not. Since there are many debates concerning that many of the benefits that helped built up the identity of Europe came from Asia, such as its polity, and its religion. The question concerning the ASEAN identity is whether there is a Southeast Asian identity in the first place and is the way things are set today, the proper way that things should be functioning? The fact that integration is a science that makes use of the pre-existing relationships between states members, an analysis of these prior relationships that build up both identities is critical in understanding the effectiveness of both organizations Research Questions Why is not ASEAN regionalism as successful as the EU? What are the main different characteristics of both organizations? What are the main similar characteristics of both organizations? Research Methodologies This study is a comparative analysis that focuses on secondary sources in order to obtain information pertaining the background, reasons, structures, and values of the EU and ASEAN. Hypotheses ASEAN regionalism is considered as a failure when compare to the EU in the degree of their reasons of their establishment, the differences in their values and structures. Reasons The European Union Security is the main concern for the EU since its beginning.   The threats form security exist both externally and internally.   The key actors here for the external security reasons were the Soviet Union, and the US, the threats of the Soviet Union for Europe was so great that America had to step in to help Europe in its rebuilding process in order to prevent Communist influences while keeping capitalism alive.   This involves pouring massive amount of money into reviving West Germany to an economically giant of Europe.   The formation of the EU was also received full support from the US, because of the integration process will benefit America by creating a bigger market for it to invest in, and a bigger trade bloc to trade to.   The forming of the EU will also allows the US to establish military bases in strategic locations in order to exercise its military power against Soviet threats. The building of the EU will also relieve the US from some of its responsibilities in t he world stage, creating a middle actor in the balancing of power from the US and the USSR.   Therefore the US support was very essential for the building of EU.   Internally, Europe at the time a war weary continent was going through a massive challenge in building itself.   Europe had gone through series of devastating wars; the most demolishing one of all was WWII.   After the end of the Second World War, most of Europes infrastructures were left destroyed from the strategic bombing from both the Allies, and the Nazi.   Europe was left to the state of rebuilding its infrastructure as same as its economy.   Most importantly it cannot afford another devastated war, the backdrop of this was the signing of the Coal and Steel Treaties, which was the major signing that will lead to the period of peace and security.   The Coal and Steel Treaties takes a look at the cause of European warfare in terms of the resources needed to build a war industry.   The main industry was steel and coal was needed to process it into weapons.   The idea was if Europe could break down the two industries, which were the resources that could lead to war and control and regulated it by a supranational governing body, then there will be a monitoring on the use of the two resources preventing another arm race from any country.   This is an example of a strong foundation of a strong supranational institution that limits some of the sovereignty that nation states use to have.   As later we will discuss the preambles written in this document in order to determine weather it was successful or not.   Although this treaty was not the foundation document of creating the EU, it was very important in the aspect of internal security and keeping peace and stability in the economy. ASEAN For SEA, security was also the main factor in forming a regional body.   Same as Europe, the Communist threats were the main threats from the external force as well as an internal force, so SEA had got a lot of support from America.   The theory behind this was called the Domino Effect Theory produced by George Kenneth, the secretary of state of the US administration during that time.   SEA was battling another front in the Cold War, and it was a potentially vulnerable front as well.   The fall of Vietnam then Laos then Cambodia gave the Domino effect theory its name, because countries who battle against communism in this region falls one by one similar to the dominoes, and the influence of the communism spread through the neighboring country.   Massive money was injected into the region in order to create strong capitalistic economic structures.   Military Dictatorship was very common in most of the countries, because it processed the strong authoritarian rule needed to counter communism.   External conflict lays solely on the threat from Vietnam, while an internal conflict was on the communist influences domestically that were big threats creating fragmentation in each country.   The evidence was the numbers of communist parties and their violence handling in each countries of SEA. For example, the bloodshed in Indonesia with General Suharto actions against PKI rallies which left many scholar to believe the number of death are between 200,000 to 500,000.    Although during this time, both regions are very similar in the external and internal reasons to strengthen co-operations in creating a secured community from communism, one major difference was that of the non-interference agreement signed by ASEAN members in the Bangkok Declaration, the founding treaties establishing ASEAN.   In Europe, the governments of the members had agreed in giving up limited sovereignty by creating supranational institutions to monitor, and to exercise its power such as the pooling of resources like coal and steel.   While ASEAN nations did not agreed on giving up any sovereignty by signing the non-interference agreement.   This will produce massive effects in the lacking of co-operations and monitoring body in ASEAN.   During this time each countries were focusing on building its own domestic economy by trading outside of their regions such as markets of Japan and the US rather than focusing on the intra trading activities.   Ironically ASEAN co-o perations was nothing more than an agreement not to co operate, focusing on building prosperity separately without intervening on each others affairs.   Until recently that ASEAN sees an essential need to integrate and co-operate regionally in order to prosper economically. Values In this part of the paper, we are looking at the completely different sets of values that will in turn influence the last point of the paper, which is organization structure drastically.   The contrast between two sets of values that lies in the organizations here is clear.   Regionalization of the SEA is very much different than the one of Europe. Because of the Asian way of thinking which tend to be authoritarian, many had argued that, SEA needed to find its own path rather than following Europes model of integration.   Unlike the EU, which had a strong foundation of regional/continental identity, the ASEAN identity had been a recent created identity.   The Southeast Asian people did not come up even with the technology employed to define national boarder lines but it was done from colonialism.   There was no common language like Europe had of Latin that was used to communicate in religion and states affairs.   There was no common religion like Christianity.   There w as no common law and order like Europe had from the Roman Empire or the establishment of democratic values from Greece.   Asian values tend to be authoritarian rather than liberalism in Europe. Authority is the most important thing above everything in Southeast Asia, while individualism and human rights is emphasized in Europe1.   The evidence determining this is in democracy, during the signing of the Treaty of Rome, each leader of the members were democratically elected leaders, while in Southeast Asia, leaders were military juntas and authoritarian ruler.   The reason behind this was the need for the strong ruling against the backdrop of communist threats from Indo China.   The military juntas were Field Marshall Thanom of Thailand, Marcos in the Phillippines, and Surhato in Indonesia, while the authoritarian leaders were Mahadthere in Malaysia, and Lee Guan Yuu of Singapore.   This is the very big difference we can see between the two different styles of polity.   Th is authoritarian value came from the pre-colonial period when the polities of SEA were in forms of Kingdoms and Sultanate states.   Power was circulated within the family like in the form of absolute monarchy.   Territories existed in a form of sphere of influence rather than a clear borderline.   This could explain the struggle of ASEAN nations to adapt to democracy during the post-colonial period.   Although democracy tendencies and structures were introduced and left behind by the colonial countries, the effect of communism just forced democracy backward, because of the need for a strong authoritarian rule to keep out communism This has made it more complicated during the post-Cold War era to switch from a military authoritarian rule to democracy.   This difference can be seen as authoritarianism of ASEAN versus democracy of EU, which contributed to the vast difference in value structures of both organizations.   In effect, the governments of ASEAN tend to focus domes tically in keeping their legitimacy and to remain in power rather than co-operating together.   As a result, this has made any regional interactions and decision-making done at the top level of the society by government leaders rather than benefitting people in all levels of the society.   This has made it acceptable for non- democratic countries like Burma, Cambodia, Vietnam, and Laos to later join.   With the EU, it is a completely different story, according to the Copenhagen Criteria, the EU does not allows the joining of a non democratic countries, the criteria also includes the respect of human rights in each member countries and the opening up of a free market. Having standards of criteria for acceptance makes cooperation easier for the EU, when compared to the ASEAN where similar common grounds and agreements cannot be found.   Prior to the European colonization, the polities of SEA were in a form of kingdom, which was ruled in the form of monarchies. There were no clear boundaries or drawn territory of these kingdoms. Rather, the influences of these kingdom existed in form of a sphere of influences, which were submitted to China. There were no common languages, religion or shared sense of identity like existed in Europe. Since the beginning, the creation of national identities had been defined and brought on by western civilization during colonialism. The territorial boundaries were purely derived from an imaginary concept by the process of the competition among Western colonizers to gain the economical edge. Therefore, the cooperation that we can see in this period of this region was not between one another, but rather towards external influence. And the conflict between the colonizers had fueled the sentiment towards fragmentation between each nation state. A good example would be the position of Tha iland who sits as a buffer state between the French in Indo-China and the British in Burma and Malaya. The movement that could indicate a certain level of interaction during the colonial period between member countries would be the struggle for independent movement against the colonizers. These interactions however were done in a very small level and tended to be in the underground. Colonization had brought Asia its creation of modern national identities, along with a strong sense of non-interference between states in this region. This is a clear example of how external forces played a significant influence upon the region.   As a result, an external conflict that Southeast Asian found itself upon would lead to an internal conflict in the region that will be potentially threatening during the post-war era. The rivalries between Thailand and Myanmar which had already been going on for the last fifty years along with current issues over the refugee and drug trafficking, the territor ial dispute between Malaysia and Indonesia over Sabah, and the genocidal conflict of Cambodia and Vietnam. These conflicts would prove to be issues that are obstacles for the regional body to climb. Nevertheless, the regional body had to be formed due to a-threatening-growing-Chinese-influences with the enthusiastic support by the U.S. in a plan to combated communism. Although it was form under a security purposes there was little progress towards the economical interactions. This is due to the external trading ties each member countries had already been involved in. Due to the colonial legacy in this region, countries tend to look upon trading partners outside the region. Intra-trading level was very low considering making up only twenty percent of the regional income. Theses different mind sets for both organizations will reflects towards the different organization structures, as we will discuss this on the next chapter of the paper.   We are going to take the different perspective view of the EC on its institutions that aided integration process and the theories behind EU integration.   ASEAN integration structure is not as varies as the EU but it is worth comparing it to the EU anyways. Integration Structures Supranational VS Authoritarianism Integration is a linkage between two or more independent actors to extend or broaden the authority through economic co-operations, losing sovereignty by changing domestic regulation and policy moving to the supranational body. The question here is why do some integration so successful and why do some don’t? The EU is one of the few organizations that had been successful with its integration. A big part of its success comes from its capability to establish institutions and policies that became clearly defined sets of rules. These sets of rules therefore became superior to domestic law of the member states of the Union. This structure that had been created by the European polity has given planting ground for intraregional trade and investment. And it had replaced and brought a war-torn Europe that was known for inner continental warfare and economic differentiations, prosperity and stability. But when comparing the EU’s success to ASEAN, it is too soon to determine if the ASEAN organization is a success or a failure. Although the ASEAN is trying to copy EU success by using and adapting to the methods used in Europe, the two regions are very different in terms of backgrounds creating their identities and the nature to co-operation between each other.    The difference level of success of any regionalism lays on it how much the regional actor can enforce their rules over national domestic law. This brings us to the institutionalization of integration. By joining the organization, state actors are expected to give up its sovereignty to the communal authority. With the case of the EU the institution that monitors the integration process is the European Court of Justice or the ECJ. The ECJ provides the jurisdiction over varies of actions, such as the actions brought to them by member states, or an individual within the community. It established the framework for the constitutionalization of the Treaty by providing links between the Court and sub national actors to their lawyers, and sub national courts. An example for this was the case of Gend and Loos in 1963 when their attempt to import goods did not fall in the legal framework of the Dutch government, but was accepted according to the Treaty of Rome, which was the product of the EU institutionalization. They have brought their case to the ECJ to determine whether they needed to follow the Dutch domestic law or the EU’s. As it turned out the Dutch government lost to the Rome regulations. This had marked the start of the EU as the correct regulation to be applied. It also marked the power of the regional body like the ECJ over the domestic national government such as the Dutch. This is one of many examples of how national government body had given up its power to the supranational authority. Therefore government has to react to the demand for integration. The court plays vital roles in monitoring and enforcing role in integration. The effectiveness of the EU lies on its ability in its enforcing mechanism. The Supremacy doctrines states that the EU has primacy over national legislation, while the Direct Effect doctrine provides the rights for the citizens of the member country the direct access to the EU court without having to go through the national government. Individuals can choose to take direct legal actions against their own government if the government fails to meet up with the rules that were agreed with the EU.   The direct intervention of the third party of a supranational institution such as the ECJ is one of the greatest successes of integration in Europe. There are numbers of different theories supporting the EU integrations in creating the supranational institution; the most common ones that are worth mentioning are theories of Functionalism, Neo-Functionalism, and Intergovernmentalism.   These are the theories circling the study of International relations that most political scientists have agreed upon.   Ã‚     Functionalism is an international relations theory that became widely known from president Woodrow Wilsons fourteen points speech. It expressed strong concern over the role of the State as a form of social organization that was becoming out of date and ineffective. It offers a counter view from that of Realism that view nation states should be driven by their own individual self-interest, functionalists’ focus on common shared interests by states and non-state actors. It view that functionalism is an effect of the process globalization which integration is triggered by the fading of state sovereignty and the advances in knowledge shared by scientists and experts effecting the tradition of policy-making.   Functionalism proposed to build a form of authority based in functions and needs, which linked authority with needs, scientific knowledge, expertise and technology, creating a supranational concept of authority.   The Coal and Steel Treaty is the evidence of the raise of a supranational body that was a product of Functionalism, which gave the body, controls and regulations to all of the coal and steel production of Western Europe.   Ã‚  Ã‚  Neo-functionalists focused their attention in the process of integration among states, i.e. regional integration. Initially, states integrate in limited functional or economic areas.   Thereafter, partially integrated states experience increasing momentum for further rounds of integration in related areas. This invisible hand of integration phenomenon was termed spill-over. by the neo-functionalist school. Although integration can be resisted, it becomes harder to stop integrations reach as it progresses.   There are two kinds of â€Å"spill-over†, which are functional spillovers and political spillovers.   Functional spill over explains the interconnections between various economic sectors and issues areas.   Political spillover explains the setting up of international institutions like the European Union and the United Nations.   Ã‚  Ã‚   Intergovernmentalism is the theory arguing Neo-Functionalism, and rejects it.   According to Standley Hoffman, any increase in power at supranational level, he argues, results from a direct decision by governments. He believed that integration, driven by national governments, was often based on the domestic political and economic issues of the day. The theory rejects the concept of the â€Å"spill-over† effect that neo-functionalism proposes. He also rejects the idea that supranational organizations are on an equal level in their political influence as national governments.   His argument lays on the fact that if Neo-Functionalism is the main theory that drives integration, then how do you explain the period of inertia in regional co-operation when there was a diverge national interests.   And the role of governments is in the unparallel national policies.   Ã‚  Ã‚   Realism is the international study theory that explains the anarchy nature of international affair could be use to conceptualize Southeast Asian states.   McCormicks comparison between Functionalisms to Realism below could be use to characterized EU to ASEAN.   As the ASEAN nations tend to focus on military security in the early stage, the evidence in this is the non-interference agreement that was signed by each member states.   While the Coal and Steel Treaty aims to maintain peace and to promote prosperity from pooling of resources through co-operation between member states.   In turn, EU nations were trying to promote security by collaborating with each other while ASEAN was trying to maintain security through building domestic power by non-interference.   The nations of SEA make their policies with the use of military force and economy, while the EU uses negotiation.   ASEAN is also known for the lack of continuity of policies from the constant shift of control over the authority and power. The EU nations, on the other hand, focus on low politics like economical and social issues.   International organizations has very limited power because the states simply do not listen to them, in the contrary, in Europe the role of government is limiting as the international organization has power to regulates policies which governments has to obey.   These points clearly show the drastic contrast between the two organizations. Comparing Functionalism to Realism John McCormick compares Functionalisms fundamental principles with Realisms thus (comments added to emphasize key distinctions): Realism Functionalism Comments Dominant goals of actors Military security Peace and prosperity security through: Power vs collaboration Instruments of state policy Military force and economic instruments Economic instruments and political acts of will State policy of assertion vs negotiation Forces behind agenda formation Potential shifts in the balance of power and security threats Initial emphasis on low politics, such as economic and social issues Agenda sought: maintenance of position vs reaching consensus Role of international organizations Minor; limited by state power and the importance of military force

Wednesday, November 13, 2019

Ensuring Freedom by Preserving the Values of Trade Unions Essay

Ensuring Freedom by Preserving the Values of Trade Unions Thoughtful committed citizens are the only thing that have ever changed the world. —Margaret Mead Anti-union sentiment is increasingly pervading American culture. In fact, one critic says, â€Å"The United States in now on the verge of a risky experiment: to become the first parliamentary democracy in modern world history without a substantial trade union movement† (Lichtenstein 66). In addition to weakening bargaining power, the judicial system allows workers to resign in the midst of a strike and scab on coworkers. A huge number of professionals and supervisors were even deemed exempt from representation (Lichtenstein 66). Legislation and corporate wealth are eroding the power of organized labor and thereby obfuscating workplace democracy; extinguishing employee rights; eroding the living standards of working, working- poor, and middle class Americans; muting the voice of minorities; retarding environmental improvements; increasing corporate domination of politics; and auguring exploitation of workers throughout the world. However, a significant portion of freedoms, to which Americans have become accustomed, would be greatly diminished or non-existent without the social values that are embodied by organized labor. Evidence suggests that employers seldom behave democratically without the mandate of a higher authority such as the government or a union. It is no wonder that workplace dictatorships are becoming a widespread phenomenon as government regulations fail to adequately protect workers but enhance the power of employers: â€Å"Fear of being fired, downsized, laid off, of not making pension time, poverty in a new economy, of part-time and insecure, low-paid jobs, an... ...titute, 1997. Lawrence, Vince. â€Å"John Sweeney’s Militant Unionism.† The New Republic 6 Oct. 1997: 23 - 24. LeRoy, Greg. â€Å"The Terrible Ten.† The Progressive 28 May 1999: 27 - 30. Lichtenstein, Nelson. â€Å"Work Rights, Individual Rights.† Dissent Spring 1997: 66 - 72. Mantois, Gregory. A New Labor Movement for the New Century. New York: Monthly Review Press, 1998. Moberg, David. â€Å"Union Pension Power.† The Nation 1 June 1998: 16 - 19. Puddington, Arch. â€Å"Is Labor Back?† Commentary July 1998: 39 - 42. Shribman, David. â€Å"Big Labor Gets Its Act Together.† Fortune 29 Sept. 1997: 60 - 61. Silbiger, Stephen. â€Å"State of Unions.† National Review 26 Jan. 1998: 20 - 21. Smith, Peter. â€Å"The Fractured World of the Temporary Worker.† Journal of Labour 22.2 (‘1998): 414 -427. Wells, Don. â€Å"Labour Solidarity Goes Global.† Canadian Dimension 32.2 (1998): 33 - 39.

Sunday, November 10, 2019

Management strategy and practice of the nokia corporation ltd

INTRODUCTIONNokia Corporation Ltd is one of the topmost mobile phone manufacturing companies. It manufactures a wide range of mobile phone handsets that befit and satisfy consumer demand. It is based in the South West part of Finland.ORGANIZATIONAL STRUCTUREWith its headquarters based in Singapore, Nokia Corporation operates in various geographical locations. The enterprise is further categorized into different business segments with each specializing in specific operations:  Nokia Treasury Asia: – This is based in the headquarters and serves the corporation’s subsidiaries of the Pacific (Asian). This region serves as the banking unit by providing a wide range of financial services.Japan/ China region: – These regions specialize in Research and Development. It is the ‘epicenter’ of new innovations/technology and new brand implementation.  Within the America’s region, Nokia Corporation has assembly, IT solutions and program design business units.In general, the company has a flat organizational structure. This is because of few levels of management (about six). The chairman, who doubles as the President is deputized by the vice Chairman (Vice President). This Manager has only four executives below him. This structure is a form of strategy for the corporation as it reduces bureaucracy and enhances both the flow of information and the decision-making process.NOKIA’S INCOME STATEMENTSThe most recent quarte’s Revenue is â‚ ¬ 9,856 millionThe net income figure during the same period was â‚ ¬ 979 million.The company’s current stock price as at 11.03 AM, 07/19/07 is $ 29.81.The previous price was $29.73. I expect the stock price to grow in the next quarter. This is due to the high demand of the company’s stocks due to its high profitability and performance in the Stock Market.FINANCIAL STRATEGIESThe Corporation operates in patents and rights. These include the GSM/WCDMA and CDMA2000. These h ave led to advantages like reduction of production and operating costs. The management of the company uses internal growth/financing that is expensive in terms of interest charges. Because of this, it issues ordinary shares when finances have to be raised. It also uses its retained earnings which are sufficient owing to its optimal dividend policy.In order to increase its profitability and market share, Nokia Corporation has entered into a joint venture with other telecommunication companies like Sanyo.  And in order to attract a competitive advantage over other companies in the industry, Nokia Corporation has embarked on acquisitions. An example is Intellisync plc in February 2006.Another of the firm’s strategy is that of mergers with other telecommunication companies. This has seen the company merging with Siemens AG in June 2006. This according to the management will give the company enviable synergistic advantages such as reduction of operating expenses. It would also e nable the company tap more expertise as well as bar new entrants from joining the industry.The investment division carries out financial plans and analysis before undertaking any financial ventures. This is geared towards risk reduction and investments on projects that can only yield positive net benefits in present value terms.Through the Finance Department, the company also carries out sensitivity analysis to determine the effect of changing certain financial parameters on the outcomes. These include the discounting rates, economic life of projects,e.t.c.In order to reduce its financial risk Nokia corporation diversifies its investments by investing in a portfolio form. These range from treasury bills, to mutual funds and other long-term projects.MANAGEMENT STRATEGIES.One of Nokia Corporation’s   management strategies is brand/design. The Corporation is the leading in in product modification, producing a wide range of Nokia handsets. It is through this that a company can gain the loyalty and confidence of the customers. The phones also have very fascinating ring tones, games and even internet solutions. They have designed them in a way that they are user friendly.The human resource department of the company comprises of experienced and highly skilled and motivated staff. The firm employs better recruitment and selection methods in fulfilling the staffing function.The management of Nokia carries out frequent environmental surveys to determine what they can be able to explore from the environment( opportunities) and what dangers the same environment poses on it (threats). This analysis is important because through it, Nokia corporation identifies the strengths at its disposal that can enable them make use of the opportunities. They also determine their   weaknesses   and how these are likely to hinder their success.In order to avoid high labor turnover especially skilled and expertise, the company adopts betters and attractive wage packages for it s employees and other perquisites. They are also actively involved in core decision making processes thus making them feel part and parcel of the organization. When it comes to conflict resolution, the management uses the collaborative style to resolve organizational conflicts. These tend to give both parties in conflict a win-win situation by giving every party equal satisfaction.Another Nokia’s management strategy is time management. In the Nokia working environment, time is the most essential asset. This resource is highly valued as idle capacity is   costly to the organization. The management, in a chart form has laid down ways in which staff and all other employees can be able to properly manage time. Every employee is required to set his/ her objectives which he/she wants to accomplish. The goals have to be prioritized   with each employee having his own individual working schedules.REFERENCEShttps://www.finance.com/credit-cards/compare-credit-cards/citi.action?ID=m ost-popular-credit-cards