Multilateral treaties vs. customary international law Essay

Multilateral treaties vs. customary international law - Essay Example In my reviewing the literary sources, when getting prepared for the analysis on the subject, I have come to the conclusion that the twentieth century itself has displayed enormous progress in the international law, and though treaties at present seem to take the leading place in the instruments and sources of the international law, it finally appears that both custom and treaty are effective, they interrelate, and moreover, treaties appear to be the means of creating new customs in international law. It is yet under question, which of the two sources of the international law is more effective at present, and is it possible that the multilateral treaty becomes more important and reliable for the world community, than the legal custom, according to which this community is accustomed to live Through the literary sources reviewed, I may assume, that customary and treaty law can't act separately, and are more the means of mutual support, depending on the situation; I may also suggest that both custom and multilateral treaties appear to be the effective vehicles of regulating the international relations in the sphere if law and legislation. Though, in the light of the close interrelation between the custom and the treaty it is at times difficult to decide, which of them appears to work more effectively. Thus, the deep analysis of the present situation is to be performed as follows. Treaties or custom - what is a more effective vehicle of regulating international law First of all, it should be noted, that sometimes we point out the universal international consensus on certain issues, as the use of forces between the States or the areas of criminal justice. Can it be stated, that these are the examples of the custom-working international legal system I might accept that these are the examples of the Customary International Law application, shown through the conduct, which the nations display independently from the treaty-based agreements and keep to this conduct as if based on the law or some oral treaty.1 However, it is also important to note, that 'Customary international law is a conceptual structure, which is represented as an assumed or constructed consensus under which those States, that dissent from a precise obligation that may be defined nevertheless agree to be bound because of the supposed collectively representative nature of the decision'.2 Does this mean that custom has broader action in relation to the participating and non-partici pating parties, and can we thus conclude that ultimately the custom carries greater force than any multilateral treaty It should be remembered, that international law, which as a system appeared a few centuries ago, and has later become general international law, was initially based on the custom, and not on the treaty. The notions of treaty law have become applicable only later with the processes of globalization and the need to solve these global issues by imposing certain obligatory norms on the States - participants of the treaty-making process. Multilateral treaties thus have become the effective instrument of guaranteeing the fulfillment of the obligations by all participating States. Simultaneously, it should not be forgotten, that multilateral treaties are the means of creating norms for only those States, which become the participants of t

Business Ethics and the Role of the Corporation Essay

Business Ethics and the Role of the Corporation - Essay Example For years, questions are raised on compliance of ethical values whereby many that violate laws, regard to have done so due to a loophole in the law. In this case, their defenses majors on strict compliance with laws that ignores ethical issues of fairness and honesty. Experts such as Dr Michael Novak provide insightful thoughts towards this discussion as he explore on business ethics and the role of the corporation. In examining this, I will answer the following questions as I seek to expound on Dr Novak views on business ethics and the role of the corporation. 1. Why does Dr. Novak have two sets of responsibilities for his definition of business ethics In his thought, Dr. Novak has two sets of responsibilities, which explore on the discussion of business ethics, which involves meeting the responsibilities of small businesses and corporations. The main reason why the Dr. Novak has two sets of responsibilities for his definition of business ethics is because they are vital behaviors t hat augment success. Business ethics regards an individual who has mastered habits required to fulfill his or her objectives. In his discussion, Dr Novak affirms that, a business serves the common good of the community it serves. In other words, it an economic association that seeks to satisfy customers with their commodities, increase profit margin, creates jobs opportunities and new wealth, and create a pleasing working environment where substantial work is rewarded to generate economic growth. It is considerable to discern that a business corporation falls under that category of augmenting economic growth, customer and employee satisfaction, and serving the community in honesty. Accordingly Dr Novak states that, a business ethic entails creating and imaging a World based on values of individuals, community, realism, creativity, and virtues of enterprises. In involves respecting individual rights to their own creativity and economic initiative. In this light, it means having a cul ture worth of the benefit of people, the needy, the business and community, and the maker. In a business set up, Dr, Novak regard ethics as the responsibilities of the small business and corporation to promote virtues of enterprise that initiate on creativity and economic initiative. 2. What does Dr. Novak say about the rule of law and its relationship to businesses? In his discussion, Dr. Novak creates notable insights on the rule of law and its relationship to business. He outlines that, the rule of law demands individuals or participants who have mastered habits required for business imperative. The rule of law of business springs its nature towards increasing customer satisfaction with commodities of values; augment a reasonable return on the Business Corporation and economic growth through economic initiatives such as creating job opportunities. This involves promoting ingenuity, invention, and progress through human enterprise, mind, and invention. Still, the statute of the la w majors on economic interests of citizens, establish a sense of community, respecting individuals rights hence, shaping a business culture that fosters virtues. With this in mind, the imperative of the law demands people in business to encourage their employees, shareholders to perceive policy issues and political ideas seriously, retires, and participating to electoral campaigns to vote. Following this, business cannot exist without the rule of law. Its relationship to the business entails the following. When individual rights are respected this would increase employee satisfaction, which increases work performance, and eventually boost economic growth. For success, businesses depend on individuals ready to work as a team. Contracts depend on the fulfillment of respect

Do mergers create value for the offeror and offeree Essay

Do mergers create value for the offeror and offeree - Essay Example For example, most of the big organizations are currently looking to expand their business to overseas countries in order to exploit the opportunities opened up by the globalization. Merger & Acquisition is one way of business expansion adopted by big companies. Gaughan (2007) defined merger as the combination of two corporations in which only one corporation survives while the merged corporation goes out of existence after the merger process (Gaughan, 2007, p.12). Theoretically mergers and acquisitions should be value creating for the shareholders of both the offeror and offeree companies. But in practice, it is not 100% true. This paper critically evaluates the pros and cons of merger and acquisition to the shareholders of both the offeror and offeree companies Increased market share, lower cost of production, higher competitiveness, acquired research and development know how and patents, Financial leverage, Improved profitability etc are some of the advantages or values for the offeror and the offeree through M & A (Helium, 2010). The offeror and the offeree can increase their customer base through merger and acquisition. For example, consider the recent merger deal between two telecommunication giants, India’s Bharti Airtel and South Africa’s MTN. As per this deal, MTN and its shareholders would acquire around 36 per cent economic interest in Bharti Airtel, while Bharti Airtel would acquire 49 per cent stake in South African telecom giant MTN (Indias 11 largest M&A deals, 2009). The above deal helped both the companies to exploit the opportunities in India and South Africa more judiciously for the mutual benefits. Bharti Airtel will get the assistance from MTN for their operations in South Africa whereas the MTN would get a ssistance from Bharti Airtel for their operations in India. The understanding of business climate and formalities in these countries can be exchanged for the

The Importance of My Values Essay Example | Topics and Well Written Essays - 1000 words

The Importance of My Values - Essay Example Moral values help maintain harmony and unity and are communally shared. These values are picked up in the course of growing up and personal perception is an important factor in their development. One of my moral values is courage and this helps me to do things even when the incumbent circumstances are unpleasant. Self-control is a moral value the helps me to take charge of my actions, emotions and thoughts. Integrity is another one of my moral values and this helps me to be convinced of the truth and to stand, courageously, by it without giving in to unnecessary pressure (Doty, 2006). Non-moral values are principles of behavior that do not apply morals. These values have to do with intentions and desires that are largely independent of moral obligation. However, these values are also moral and decisions that are made based on them can have moral consequences. One of my non-moral values is winning and I like it when I confront challenges and surmount them. Reputation is another non-moral value that I cherish and it pleases me when I meet renowned people and I aspire to be like them. Appreciation is an integral non-moral value in me and I take pleasure in acknowledging other people when they do something good and when other people compliment me. The non-moral value of money makes me endeavor to earn enough money to support others who may depend on me and me (Keech, 2000). Social values are beliefs and qualities that are shared within a group of people or a given culture. A society’s approval of a given quality or belief is what constitutes a social value even though other societies might disapprove that quality or belief. Social values shape the preferences and priorities of the members of a society and provide the criteria for determining the acceptability of a behavior in a group. The social value of moderation helps me to remain within acceptable limits of the things I do. Generosity is a social value that helps me to extend

Managing in a Strategic Business Context Essay Example | Topics and Well Written Essays - 4000 words

Managing in a Strategic Business Context - Essay Example An organization like HSBC Bank (especially Business Banking) believes that, if an organization follows like them the theories and concepts of the contemporary organizational context and the strategic management related to members, then it is not impossible to achieve the organizational goals accordingly. The aim of any SWOT analysis is to identify the key internal and external factors that are important to achieve the objective of an organization. SWOT analysis distinguishes key pieces of information into two main categories3: The internal factors may be identified as strengths or weaknesses depending upon their impact on the organization's objectives. What may represent strengths with respect to one objective may be weaknesses for another objective. The factors may include all of the 4P's 2 in accordance with personnel, finance, manufacturing capabilities, and so on. The external factors may influence macroeconomic matters, technological change, legislation, and socio-cultural changes, with the changes in the marketplace or competitive position. The results are usually represented in the form of a matrix. SWOT analysis is only method of categorisation and has its own weaknesses. For example, it may tend to persuade companies to compile lists rather than think about what is really important to achieve organizational goals. ... For example, it may tend to persuade companies to compile lists rather than think about what is really important to achieve organizational goals. It also represents the resulting lists simply and without clear prioritization so that, for example, weak opportunities may evolve to balance strong threats. Examples of Strengths and Weaknesses of HSBC Bank: Resources: Financial, intellectual and location are the strengths of the mentioned bank. Because HSBC Bank uses financial and intellectual resources to provide up to the mark services to the customers. Customer Service: As a service provider, customers are the main concern of HSBC Business Banking Sector. They believe that customers' satisfaction brings their success. They also assume this as their strength. Efficiency: Efficiency is the strength for the HSBC Bank as it ensures customers' satisfaction and organization's success. Quality: Quality is the strength for HSBC as they have good quality service. But in some cases they face it as weakness when they can't maintain the standard.Staff: In today's competitive market, inadequate number of staff is a weakness for HSBC. Management: HSBC Business Banking Sector works with Strategic Management, which helps them to work easily, and it is assumed as their strength that's why. Principles: HSBC Bank believes in good service providing to the customers in an effective and reasonable manner. This is the key component of their success. That's why they assume their principles as their strength of work. Examples of Opportunities and Threats of HSBC Bank3: Political/Legal: Political and legal unrest situations are often threats for the HSBC Business Banking Sector as it hampers their total management. Market Trends:

Human Resources Essay Example | Topics and Well Written Essays - 4000 words

Human Resources - Essay Example The more common usage within corporations and businesses refers to the individuals within the firm, and to the portion of the firm's organization that deals with hiring, firing, training, and other personnel issues. This article will address both definitions." This has come to be regarded as the most integral part of businesses today globally. The labour is an asset in the businesses of today and the way it is managed has loads of effects on the performance and efficiency of the business. Labour is the most important component of the production function. It is the only factor of production that could be changed in the short-run and its performance depends upon a lot in the way it is managed and controlled. The bad and poor management of labour could easily turn it into a liability that would perform inefficiently and thus, the business on the whole will suffer a setback. The human resource department in the company these days has a proper hierarchy and organisational culture and the head of this department is regarded as an important member of the business itself. It is a position that requires constant interaction with the labour and is of great consequence for the firm. The recruitment of labour and the quality and quantity of labour recruited depends upon the human resource department. ... We often come across the terms human resource and personnel management. This leaves confusion in the minds of some whether both are the same or have different meanings and connotations. There is in reality a slight difference between the two. The personnel management could be seen as a prelude to the contemporary human resource management that is prevalent and found amongst the organizations today. We can actually search for and find the concepts relating to human resource management in business literature of old times such as the decade of 1970s.These concepts include theories such as human capital theory and human asset accounting. The contemporary and modern view of human resource management gained recognition in the year 1981 when it was included in the course of the famous MBA of the prestigious Harvard Business School. It was a kind of a prelude and introduction to the kind of courses throughout North America and the rest of the world making this version and interpretation of human resource management highly popular and in vogue. Other interpretations of the concept were developed in Michigan and New York. These ideas travelled to other countries in the decades of 1980s and 1990s that included Australia, New Zealand and Northern Europe including specifically the UK, Ireland and Scandinavia. South and South-East Asia and South Africa also got a taste of the approach. Nowadays, the HRM approach is successfully practiced in many countries of the world. Besides being influential it is practised in many parts of the world. It is essentially practised anywhere where businesses want to prove their mettle and become successful. It is an approach used by businesses; small and big alike. It is also recommended by

Administration of Tetanus, Diphtheria, and Acellular Pertussis Vaccine Article

Administration of Tetanus, Diphtheria, and Acellular Pertussis Vaccine to Parents of High-Risk Infants in the Neonatal Intensive Care Unit - Article Example The feasibility study was conducted to measure the role vaccination in the parents in controlling the infection of pertussis on the susceptible infants. This type of epidemiological study was applied because vaccination of the parents and adults, who are in constant contact with the infants is still not considered as one of the essential means of controlling the spread the pertussis in the infants. Identification of measures of prevention of the transmission of Bordetella Pertussis to young infants was the key factor of the study. The study was designed to explore whether the vaccination of parents was also one of the contributing factors in the increasing incidence of pertussis amongst infants. Bordetella Pertussis has become one of the main causes of morbidity and mortality amongst the infants. It is assumed that the parents may also be the most important carrier of Pertussis virus and the result of the study would encourage vaccination of parents and adults as a major preventive measure to control the spread of pertussis amongst the vulnerable infants. The article highlights the probable sources of infections and focuses on vaccination of parents so the infants can be safeguarded against the dreaded disease. The study was conducted in the neonatal intensive care unit of Stony Brook University Medical Center, New York from July 1, 2007 to October 30, 2007. During the period, 358 infants with gestational age ranging from 23 weeks to 42 weeks were admitted into NICU and 495 of 592 eligible parents were offered vaccination. 430 parents agreed to participate in the program. The nursing and other staff was adequately prepared to disseminate information regarding risks and benefits of the immunization e program. The vaccination was carried out as per the guidelines of the TdaP vaccine of Sanofi Pasteur, France. Consent forms with pertinent information like parents age, infants age, apgar score, race, discharge date, vaccine lot