The Study of the Relationship between Illegality and International Research Proposal

The Study of the Relationship between Illegality and International Commercial Arbitration with a Focus on China - Research Proposal Example The focus in this paper is on arbitration, a specially established mechanism for the final and binding determination of disputes concerning a contractual or or other relationship by independent arbitrators in accordance with procedures, structures and substantive legal or non-legal standards chosen directly in indirectly by the parties. The purpose of Arbitration is to obtain a final and binding ruling in a given case. This means that Arbitration involves the situation where two people agree to either consciously or unconsciously to use Arbitration as a method of resolving disputes that would crop up between them in a legal relationship. In other words, Arbitration involves a form of consensus that allows two parties to present their cases to an Arbitration Tribunal as and when the need comes up. Thus, it can be inferred that Arbitration is generally a situation of choice rather than an obligation. This means that Arbitration is a voluntary option rather than a compulsory one. In com parison to the default position, disagreements between parties in a legal relationship are often referred to the court and handled by the legal jurisdiction of the area in question. However, an Arbitration clause effectively excludes the courts from the resolution of conflicts in the legal relationship. In this context, the ruling of an Arbitration tribunal is of the same value as the courts of the land. Arbitration is a popular means of settling disputes in international business. (Buhring-Uhle, 2006). Arbitration is often a preferred way of resolving disputes in the international context because of the lack of a definite unified legal jurisdiction for parties with different origins (Park, 2006). This therefore means that Arbitration is used as a system of best practices in a situation where there is no clearcut legal method to solve disputes across borders. Chinese businesses rely heavily on Arbitration around the world. This is attributed to the global expansion drive of the Chin ese government which is done through various trading agglomerations in different parts of the world (Tao, 2008). China also maintains a thriving system of Arbitration which runs parallel with the legal system and supports the huge global trading structures in China today (Association of International Arbitration, 2009). 1.1 Legal Scope of Arbitration Arbitration is often viewed as an alternative dispute resolution system (Fox 2009). This is because decisions by Arbitration tribunals are immune from court interference. Fox however identifies that the courts interact with the decisions of Arbitrators in a very complex manner around the world (2009). He states four main situations in which the court could intervene with Arbitration around the globe: 1. A breach of a ruling of the court of Arbitration could be referred to a traditional court for redress. 2. The court could be called in to compel the other side of the case to engage in arbitration if they refuse to do so. 3. The court co uld force the losing party to abide by the ruling of the court of Arbitration. 4. The traditional courts can pronounce injunctions and other statutes that will become binding in Arbitration cases. The first three pointers indicate that Arbitration systems around the world form a component of the larger justice system. This means that Arbitration systems are fairly independent of the traditional courts and have a unique system that forms a part of the broader legal context. This implies that the Arbitration system is an essential part of the legal system that parties elect to utilise instead of civil or criminal courts. Thus, the Arbitration courts are independent and of an equal standing as some other courts and legal authorities. However, the fourth point indicates that the Arbitr

Interview a Manager Coursework Example | Topics and Well Written Essays - 1000 words

Interview a Manager - Coursework Example He has a degree in economics. He followed it up with a Masters in Business Administration from Harvard Business School. 1. What is the biggest challenge in recruitment and what is your role in the process? How would you modify that role if you could? A: The selection of a candidate with a good blend of technical and interpersonal skills is the biggest challenge. Often, we have people who are very talented but who are not great team players. My role is to facilitate processes that enable the right candidate is selected. I do this by ensuring that the interviewing panel always has people from different functions such as Production, sales, Human Resource etc. Given a chance, I would ask for a third party Human Resource agency to screen out candidates who do not fit into a certain aptitude and attitude profile. This would considerably reduce the load on us. Besides, psychometric and aptitude testing services have matured over the years and their success rates are consistently good. 2. Do you consciously think about how you motivate your employees? What role does positive and negative reinforcement have in your attempts to motivate employees? A: Well, that is a challenge that I face every day. I take care to see that new employees are often taken through an elaborate induction process so that they feel part of the community. For existing employees, I plan and execute specific workshops that blend fun and learning. Additionally, we encourage weekend parties where there is interaction with a larger group of people. Positive reinforcement works better. When there are rewards that accompany good performances, employees are motivated to work better. This can be in the way of non-monetary benefits too. Sanctions and reprimands, punitive measures turn out to be counter-productive at times. We notice a negative reaction to such measures. Throughout our company, we make it a point to emphasize positive reinforcement methods as a way to motivate people. 3. How do you encourag e employees to accept and embrace changes in the work environment such as new software, policies, or procedures? A: We make it a point to keep job rotation options open. Veterans in sales have taken up roles in finance and vice-versa. Agreed, such people are few in number, yet we ensure that such options are open. They help people embrace change quickly. Whenever we have ERP (Enterprise Resource Planning) upgrades or other such organization wide developments, we train all the employees through a structured program. Earlier, in the course of an acquisition, the radical change caused a lot of stress. We managed it with heightened levels of re-orientation, induction and familiarization programs. By the end of the actual acquisition process, employees had oriented themselves fully to the new management and policies. 4. Does your organization provide any on-going professional development activities for managers such as financial support for conferences or seminars, tuition-reimbursement, etc? How important is that in your own career development? What would you like your company to offer that it currently does not? A: Yes, our organization stresses the need for continuous knowledge development. As part of this policy, we have structured programs in place. We partially finance employees who undertake higher education degrees in business management when they are conducted

Comparison between Hinduism and Buddhism Assignment

Comparison between Hinduism and Buddhism - Assignment Example The religion is believed to be timeless, as the old people found it in practice. Hindus believe in one Supreme Being according to their traditions is both immanent and transcendent. According to the Hindu religious beliefs, the Supreme Being is both their creator and is of Unmanifest reality who deserves their respect (Rinehart, 2004). The Hindus believe in the divinity of the four Vedas, which are the oldest and most ancient elements of scripture in the world. Further, they venerate the Agamas as revealed in an equal measure. They treat these as primordial hymns of God which forms the bedrock of Santana Dharma, a form of an eternal religion. According to the Hindu beliefs, the soul reincarnates, evolving through many beliefs. However, the reincarnation trend stops after the resolution of all karmas. They also believe in moksha, which is the liberation from the rebirth cycle that takes place after the end of the reincarnation process. Since the process is continuous and evolutionary in every soul, not a single soul can be denied of its destiny (Fisher, 2014). In Hindu, an individual’s personal spiritual practice is referred to as sadhana which is used to refer to the means of accomplishing individual goals. It recognizes adhikara, which means that every person holds a unique position in life that is different from that of other people. Therefore, God exists in different forms, which gives people the freedom to feel attracted to one God and leave the rest. Similarly, there are different forms of yoga, just like there are different forms of God, which are not similar to one another. Therefore, the Hindu spiritual practice varies from one person to another.

Aesthetic Style in Writing Essay Example | Topics and Well Written Essays - 750 words

Aesthetic Style in Writing - Essay Example They enlighten and portray the preciseness of what is being communicated. Characters have been exceptionally represented in reference to their high ranking roles, to bring out the extent of the superiority of white people. She puts in place politicians, board members of the Canterbury Club, a doctor, jurist, theologian, college president among others. They are representatives of the larger majority of the Americans. They express enthusiasm about the matters surrounding their well-being and that of the nation. At the same time, they are more oriented in their own social progress, hence, the formation of their Club. Words articulated by these characters have been specially chosen by Pauline to highlight their own self-interests. Talma Gordon was a symbol of great things that can come out of the intermingling between the black people and other races. She is described to have a wonderful smile and a face full of delight â€Å"like the heart of a flower† (Elizabeth 2). This represents wealth, happiness and some of the good things that the intermarriage relation can bring. Jeannette is compared to her father who is dark and stern while Talma is said to have a similarity with her mother. This is discriminative since Mrs. Gordon was richer than Mr. Gordon as she possessed much of the family’s wealth in which she, in turn, left to her daughters after her death. Talma was as genius as a dead mother who was light. This portrays the aspect of the light skin color overshadowing the dark skin color thus raising the controversy in their intermingling. It presumes that in case of intermarriage, some parties will over depend on others for survival. This is a form of discrimination. Some visitors were given a warmer welcome than others were. The writer thought that she and she accompany will be â€Å"welcomed to a banquet that would feast both eye and palate† (Elizabeth 3) but to their surprise, they were not even looked at by the hostess.

Lloyd George Essay Example | Topics and Well Written Essays - 2500 words

Lloyd George - Essay Example An important era of study has been the era of Lloyd George's peacetime government, from 1919 to 1922 in the realm of foreign policy. Britain's external relation in this period has been quite interesting and people have conflicting views about the policies in this period. This period has also been of significance for historians because of the role of the Foreign Secretary in the making of British foreign policy. Secrecy has been a key characteristic of the foreign policy in the late nineteenth century. Small number of ministers and officials has been known to play crucial roles in the formulation of the foreign policy. Those were the times when press had its limited presence and it was not considered an important driver in the policy making. Also public opinion about different issues related to external relations of a country was not given any importance. Even among the government circles a selected elite group made key decisions. Prime Ministers directly controlled the affairs of the Foreign Office. If we look at the background history of foreign policy in Britain then we get to know that Benjamin Disraeli from 1874 to 1878 intervened constantly in the affairs of his Foreign Secretary. During the 1902 to 1905 period Arthur Balfour gave some respite in the direct intervention culture set by his predecessors but still kept a close eye on the developments in British foreign policy. ... This scenario changed with war in 1914 and foreign policy was criticized by all & sundry. Different governments also started making comments about the way foreign policy was being tackled. President Wilson of the United States became the biggest critic of covert ways of foreign policy dealings and demanded that democratic process should be involved in the affairs. War continued till 1918 and then Paris Peace Conference took place in 1919 the attention shifted to foreign policy in the peace time. Again policymakers became conscious of the relationships between Prime Minister and Foreign Secretary. After the Great War the importance foreign policy increases manifolds. Lord Curzon of Kedleston became foreign secretary from October 1919 to January 1924. British electorate also became more conscious of the foreign policy matters as many believed that poor foreign policies were behind the war. Lloyd George became the prime minister and realized the importance of foreign policy particularly in the eyes of electorates as a result of war. He realized that winning foreign policy can result in the success of a government in the eyes of public. Considering tits importance Lloyd made it a point to attend many international conferences in the period 1919 to 1922. Lloyd saw these conferences as the opportunity for both showing government presence as well as gaining economic benefits as most of these were related to trade, war debts and recompense. Foreign policy also held many dangers for the government of Lloyd George. The government could not have afforded any new wars with any other country as public opinion went heavily against war. It was during this scenario that the Chanak crisis took place in September 1922. This crisis brought the

Columbian Foreign Policy Essay Example | Topics and Well Written Essays - 1000 words

Columbian Foreign Policy - Essay Example Colombian drug cartels successfully organize the manufacture and export of cocaine. Much of the spread of this business can be attributed to the consumers’ interest in cocaine. Colombia would not produce cocaine if other countries would not consume it. Colombia’s came to terms with US under the influence of the previous Pastrana administration and the relations between the two improved considerably. This can be estimated from the fact that US promised a lot of funding to Colombia for programs directed at the assistance of Colombian police as well as military for the purpose of increasing counter-narcotics abilities. This aid of net worth equal to $400 million opened several projects for establishing numerous judicial and economic reforms, alternative development, ensuring humanitarian assistance and achieving human rights. The 2001 attacks on the Twin Towers in the US led Colombia to play its significant role in the War against Terrorism. One reason for this was the fac t that Colombians had themselves been dealing with terrorism for quite a lot of years before the 2001 attacks happened. Colombia has largely provided the central stage for planning, preparing and practicing all antiterrorist activities in US against terrorists ass well as all agencies and countries supporting them. The Columbian government has denounced the left-wing guerrillas that are generally responsible for the trafficking of cocaine in Columbia as terrorist agencies. The Columbian government was able to achieve this with the help of US. Former President Uribe pledged that he would give all it takes to eradicate terrorism from his country, though he needs to be watchful about the possibility of surfacing of right-wing militias that are able to make a Civil War out of the War against Terrorism. Columbia is really exposed to great threat of breakout of a Civil War because similar incidents have happened in the history of Columbia as well as of the Central America. Therefore, Form er President Uribe needed to provide an objective record of human rights for his military in order to be able to retrieve their support for the War against Terrorism. Violation of human rights would increase the hindrances in Former President Uribe’s way of presenting his contributions for the War against Terrorism to the international community. Former President Uribe understood the importance of promoting relations with US, US being the primary consumer of Columbian drugs. Colombia is waging a war on two fronts: against guerrillas and against drugs. The former cannot be won on the battlefield alone. If the current peace talks fail, the country will plunge into all-out chaos. So the United States needs to take Colombia off the back burner and work with its government to help tamp down the violence, limit the drug lords' clout, lower the demand for drugs abroad, and prod the peace process along. Without these steps, even billions in U.S. aid will not be enough. (Pardo). Besid es, Former President Uribe ought to ensure that the US government did not indulge its military in the War against Terrorism in Columbia. In order to fight successfully in the War against Terrorism, Former President Uribe had to base his plan on the foundations of support for the peasants of coca leaf to raise alternative plants, consolidation and solidarity of democratic organizations, and financial aid for development. International front might be the only area in which Columbia could acquire effective

Starbucks and Mcdonalds Research Proposal Example | Topics and Well Written Essays - 250 words

Starbucks and Mcdonalds - Research Proposal Example Data and information should be on the last three to five years for consistency in the use of statistics and comparative figures. Whatever strategies were deemed more effective, as practiced, together with validated support from other authoritative sources would be used to recommend future strategies to improve revenues, market share and profits for both organizations. A review of related literature is proposed to be included as part of the research to contain information on past researches conducted for both Starbucks and McDonalds for the last three to five years. Comparative information would be gathered, evaluated and integrated to focus on strategies on products, price, place and promotions. Findings would therefore be written on which particular strategies were deemed most effective in both organizations and if these strategies can still be used to improve on the organizations’ performance. A review of external factors that influence future performance of these organizations would also be presented prior to