Essay --

Pengenalan Di Malaysia, perkara 3(1) Perlembagaan Persekutuan memperuntukkan bahawa Islam adalah Agama Persekutuan akan tetapi lain-lain agama boleh diamalkan dengan aman dan damai di mana-mana bahagian Persekutuan. Sebelum kedatangan Inggeris undang-undang yang dikuti di negeri-negeri Melayu ialah undang-undang Islam dan adat Melayu yang sesuai. Mahkamah dalam kes Ramah lawan Laton telah memutuskan bahawa undang-undang Islam adalah undang-undang tempatan dan undang-undang negeri. Akan tetapi pengaruh undang-undang Inggeris telah dimasukkan melalui perundangan dan keputusan hakim. Supaya undang-undang Islam dikembalikan sebagai undang-undang asas dan utama bagi orang-orang Islam di Malaysia, hendaklah dinaikkan taraf dan kedudukan Mahkamah Syariah dan membebaskan dari gangguan dan campur tangan Mahkamah Sivil. Pindaan kepada Perkara 121 Perlembagaan Persekutuan yang dibuat pada tahun 1998 adalah merupakan langkah permulaan kearah tersebut. Banyak lagi yang harus dilakukan untuk meninggikan Pentadbiran Undang-undang Islam di Malaysia dan untuk membolehkan Mahkamah Syariah menjalankan tugasnya dengan baik. Di negara kita, Malaysia, Undang-undang Syariah ditadbirkan di Mahkamah Syariah dan Common Law ditadbirkan di Mahkamah Sivil. Melalui perundangan, undang-undang berasaskan Inggeris telah diterima seperti Kanun Keseksaan, Akta Keterangan, Akta Kontrak, Kanun Jenayah, Kanun Acara Sivil dan Undang-undang Tanah. Kuasa mengenai perundangan Hukum Syarak ada di peruntukkan dalam Jadual ke 9, Senarai 2 †Senarai Negeri Perlembagaan Persekutuan. Dalam pada itu, telah terdapat perkara dimana Mahkamah Sivil boleh menjalankan bidangkuasanya sungguhpun perkara itu mengenai undang-undang diri dan keluarga orang-orang Islam. Umpamanya dalam ... ... merangka dokumen undang-undang, atau memberi bantuan guaman. Sejarah Perundangan Islam. Sebelum masuknya pengaruh kerajaan British di negeri-negeri Melayu, undang-undang Islam dan Adat Melayu ialah undang-undang asas atau undang-undang negeri. Undang-undang Islam yang diikuti itu meliputi semua bidang termasuklah Undang-undang Keluarga, Undang-undang Jenayah, Undang-undang Tanah, Undang-undang Mal, dan Undang-undang Acara dan Keterangan. Kumpulan undang-undang Melayu lama seperti Undang-undang Melaka atau undang-undang yang dikumpulkan untuk Sultan Pahang mempunyai peruntukan bagi Undang-undang Mal, Undang-undang Keterangan dan Undang-undang Acara. Di Turki, Majallat-al-ahkam adalah suatu kumpulan undang-undang Mal Islam, telah diterjemahkan ke Bahasa Melayu dan diiktiraf sebagai undang-undang yang harus diikuti di mahkamah-mahkamah di Johor pada tahun 1914.

Solitude/Isolation in “The Minister’s Black Veil” and Hawthorne’s Life :: Ministers Black Veil Essays

Isolation/Isolation in â€Å"The Minister’s Black Veil† and Hawthorne’s Lifeâ â â â â â â â â â   â â In the Nathaniel Hawthorne story, â€Å"The Minister’s Black Veil,† we see and feel the isolation/disengagement of the pastor, Reverend Mr. Hooper. Is this isolation not an impression of the very existence of the creator?  As indicated by A.N. Kaul in his Introduction toâ Hawthorne †A Collection of Critical Essays, the topics of disconnection and distance were ones which Hawthorne was â€Å"deeply engrossed with† in his compositions (2).  At the beginning of the story, â€Å"The Minister’s Black Veil,† the sexton is tolling the congregation ringer and all the while watching Mr. Hooper’s entryway, when out of nowhere he says, ''But what has great Parson Hooper got upon his face?'' The unexpected which the sexton showed is rehashed in the awe of the spectators: â€Å"With one accord they began, communicating more miracle. . .† The explanation is this: â€Å"Swathed about his temple, and hanging down over his face, so low as to be shaken by his breath† is a dark cloak. The multi year old, unmarried parson gets an assortment of responses from his assembly:  ''I can't generally feel as though great Mr. Hooper's face was behind that bit of crape'' ''He has changed himself into something terrible, just by concealing his face''  ''Our parson has gone frantic!'' Few could cease from contorting their heads towards the entryway. . . . . . . more than one lady of sensitive nerves had to leave the meeting-house.  Hawthorne, in the wake of uncovering the amazed individuals to the sable shroud, builds up the hero through a portrayal of a portion of his less outlandish and inquisitive attributes:  Mr. Hooper had the notoriety of a decent evangelist, yet not a vivacious one: he endeavored to win his kin heavenward by gentle, enticing impacts, instead of to drive them yonder by the roars of the Word. The message which he now conveyed was set apart by similar qualities of style and way as the general arrangement of his podium rhetoric.  In any case, on this first day of wearing his dark shroud there is some unconventional distinction in Hooper’s message:  Be that as it may, there was something, either in the opinion of the talk itself, or in the creative mind of the reviewers, which put forth it incredibly the most remarkable attempt that they had ever gotten notification from their minister's lips. It was touched, maybe more hazily over regular, with the delicate anguish of Mr.

Effective Use of Imagery in William Blake’s The Lamb and Gabriel Garcia Marquez’s A Very Old Man Wi :: William Blake Lamb Essays

Viable Use of Imagery in William Blake’s The Lamb and Gabriel Garcia Marquez’s A Very Old Man With Enormous Wings Boats as large as voyage ships/Glide nimbly over the sea's smooth surface. Have you at any point perused a bit of writing and seen it as hugely fulfilling because of the gigantic measure of depictions utilized by either the artist or the writer? As the initial line outlines what's going on at the sea shore, the peruser can truly become more acquainted with what the creator is attempting to clarify. These portrayals are alluded to as symbolism. Symbolism is utilized to give a definite depiction of an individual, spot, or thing. In the short story, A Very Old Man With Enormous Wings, by Gabriel Garcia Marquez, and in the sonnet, The Lamb, by William Blake, both, creator and artist, use symbolism to portray to their crowd their own view of a holy messenger. In the story, A Very Old Man With Enormous Wings, Marquez first tells the peruser that, the fallen body with quiet trance (828), was a holy messenger by composing that he, was unable to get up, blocked by his colossal wings (828). Quite a bit of the present social orders first starting idea of a man with wings are to accept that this individual is a blessed messenger. Individuals have a wide range of convictions of what a heavenly attendant should resemble. Marquez, not needing his perusers to wander away from what his very own perspective on a holy messenger in this story, utilizes symbolism to explain his impression of the blessed messenger. Marquez takes note of that the blessed messenger has an, endless lingo with a solid mariner's voice, he was dressed like a ragpicker, tremendous scavanger wings, filthy and half-culled, just a couple of blurred hairs on his bare skull and not many teeth in his mouth, and doubtlessly the most huge, his miserable state of a doused extraordinary g randdad had removed any feeling of loftiness he may have had (828). Without the last subtleties of the blessed messenger, the peruser would have the chance to utilize whatever they will in general accept and heavenly attendant is. Marquez sets up the portrayal of the blessed messenger to empower the peruser to comprehend why the townspeople may have regarded the heavenly attendant as they had, as though he weren't a powerful animal however a bazaar creature (829). In the sonnet, The Lamb, Blake utilizes symbolism to clarify the way the, Little Lamb (Line 1), resembles.

Essay On The Crucible By Arthur Miller Example For Students

Paper On The Crucible By Arthur Miller Rebecca Nurse is thoughtful to Bettys sickness, and the supplication for calm gives a solid complexity to the chaotic activity which has encircled the young ladies. The pressure is diminished as everybody quietens down. Rebecca is additionally insightful in her comprehension of youthful adolescent young ladies, their senseless seasons and she utilizes presence of mind and says the entire undertaking is slightly senseless and that it is just childs play. From I figure shell to it will soon itself back, she remarks on the way that A childs soul resembles a youngster implying that the soul will be wicked, however on the off chance that you love it, the soul will return and act naturally, uncovering that she is astute and consequently regarded in the network. Pressure ascends as characters in front of an audience differ about issues of land and witches. Reverend Hale, a scholarly man who has examined black magic inside and out, shows up at Parriss house. The passage of Hale promptly shows that he has high authority as he is seen conveying about six overwhelming books which he says are with power. His passage makes rest and quietness. Be that as it may, the crowd know about the characters and their pressures. Not long before Procter leaves he says Ive heard you to be a reasonable man, Mr Hale. Sick expectation youll leave some of it in Salem. This shows Proctor is a man of rationale and doesn't put stock in black magic. Solidness is a specialist in the pro field of black magic. He imagines that he has high authority on the grounds that there are very few individuals who have represented considerable authority in this field. He talks in a quiet and astute way which carries consolation to the character, Here is an afflict the undetectable word, got, characterized and determined. In this piece of the play, the strain appears to have lessened, be that as it may, singular characters despite everything have their pressures. Solidness questions Abigail, Betty, and Tituba. He asks Betty accomplishes something harass you youngster? This develops sensational pressure since black magic is being referenced and when Betty doesn't answer. Solidness, his eyes narrowing gets some information about the moving in the backwoods. She answers normal moving is all. Increasingly strain when Parris discloses to Hale that he saw a pot in the grass where they were moving. The pace animates and strain keeps on mounting as Hale ceaselessly questions Abigail. This is delineated in the play by the characters lines getting shorter, That were just soup. She precludes any kind from securing black magic. The crowd can plainly observe that Abigail is slipping further and more profound into inconvenience as she continues lying and denying. This expands the strain further more. At the point when she can't adapt any longer, she faults Tituba I never called him! Tituba, Tituba When Mrs Putnam acquires Tituba she is stunned and irate and yells Abby! Before Tituba can say anything, Abigail blames her that She makes me drink blood This ascent in strain is presently at its pinnacle. Every one of them three, Parris, Mrs Putnam and Hale, begin crying at Tituba, Blood!! ; My babys blood? ; enrolled these kids for the Devil? Tituba is unnerved by each of them three and is eager to express anything to satisfy everybody, No, no sir, I dont truck with no Devil! Tituba admits to black magic and says to Abigail, you beseech me to invoke! She beseech me make fascinate Abigail is currently startled and needs to converge away from plain sight, I need to open myself. Both Abigail and Betty begin to yell out allegations at arbitrary individuals in the town. .u900363f35868936f92e47bdbc9313496 , .u900363f35868936f92e47bdbc9313496 .postImageUrl , .u900363f35868936f92e47bdbc9313496 .focused content territory { min-stature: 80px; position: relative; } .u900363f35868936f92e47bdbc9313496 , .u900363f35868936f92e47bdbc9313496:hover , .u900363f35868936f92e47bdbc9313496:visited , .u900363f35868936f92e47bdbc9313496:active { border:0!important; } .u900363f35868936f92e47bdbc9313496 .clearfix:after { content: ; show: table; clear: both; } .u900363f35868936f92e47bdbc9313496 { show: square; change: foundation shading 250ms; webkit-progress: foundation shading 250ms; width: 100%; mistiness: 1; progress: haziness 250ms; webkit-progress: darkness 250ms; foundation shading: #95A5A6; } .u900363f35868936f92e47bdbc9313496:active , .u900363f35868936f92e47bdbc9313496:hover { obscurity: 1; progress: murkiness 250ms; webkit-change: murkiness 250ms; foundation shading: #2C3E50; } .u900363f35868936f92e47bdbc9313496 .focused content region { width: 100%; position: re lative; } .u900363f35868936f92e47bdbc9313496 .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content design: underline; } .u900363f35868936f92e47bdbc9313496 .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u900363f35868936f92e47bdbc9313496 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; outskirt span: 3px; box-shadow: none; text dimension: 14px; textual style weight: striking; line-tallness: 26px; moz-fringe sweep: 3px; content adjust: focus; content beautification: none; content shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: outright; right: 0; top: 0; } .u900363f35868936f92e47bdbc9313496:hover .ctaButton { foundation shading: #34495E!important; } . u900363f35868936f92e47bdbc9313496 .focused content { show: table; stature: 80px; cushioning left: 18px; top: 0; } .u900363f35868936f92e47bdbc9313496-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u900363f35868936f92e47bdbc9313496:after { content: ; show: square; clear: both; } READ: Romeo's character analysisâ EssayHale acknowledges these allegations, yet the young ladies become really excited and begin to denounce more individuals, Alice Darrow, Goody Hawks, Goody Bibber, Goody Booth, etc. The pressure is broken, the last part is profoundly sensational, and the demonstration gets done with the euphoric cries of the young ladies. The words have characteristics that are normal to the time in which Miller set his play in spite of the fact that not relevant to the current day. The characters seem to have regard and poise because of the langue utilized an induction of English. Their titles, Good y recommend to us a separation seeing someone which we are not comfortable to us today. Different methods of speaking I am thirty-three time in court in my life, are utilized by judge and laborers the same. This shows another lifestyle in other period. The utilization of illustrations perspiring like a steed, the perusers would anticipate from individuals whose day by day readings was the Bible. With this information, the language utilized, I have made a ringer of my respect doesn't sound outside of any relevant connection to the subject at hand for the time. It is the language which uplifts strain and significance all through and encounters the significant subjects in the play which Miller is attempting to communicate all through. This is ground-breaking dramatization which shows the separate of a general public. The Act finishes in a sensational manner standing out from the starting which was calmer and more slow. The demonstration is loaded up with serious clash and much strain. The demonstration has solidarity of spot as everything occurred in Parriss home. The foundation and characters are uncovered through the entire writing analysis, discourse, and activities. Mill operator utilizes the Salem Witch Hunt as his method of remarking on McCarthyism during the 1950s, his own time.

PESTEL analysis of country Azerbaijan Coursework

PESTEL examination of nation Azerbaijan - Coursework Example The country picked up its freedom from the USSR in 1991, and it had pronounced its state power in 1988 (Plunkett 2008, 09). From that point forward, it has had strife with the neighboring country, Armenia (Luca 2014, p. 12). The contentions kept going from 1988-1994, yet a truce was set up in 1994 when the separatists were searching for full autonomy from this country, and they had power over Nagorno-Karabakh, just as the seven areas that encompass it. This paper assesses the PESTEL investigation of Azerbaijan nation, and this comprises of the political, financial, social, mechanical, natural and lawful elements of the country. Azerbaijan despite everything looks for authority over these regions; then again, it has been difficult to get the arrangement through political methods. Its financial status depends on the oil and gas. They likewise have wonderful sanctuaries, which go about as the vacation destination. It has figured out how to utilize plentiful common assets, also for mechanical fuel (Murphy 2014, p. 42). The nation has an entrenched framework, and advancement of banks, retail shops, and genuine homes, however the best test is the budgetary emergency. The financial development has developed from 2006 to 2008 preceding dropping somewhere near 3.7% in 2010. The monetary status experience quick development with utilization of the accessible common assets, yet it has been influenced by defilement (Schmidt 2009, 15). Be that as it may, straightforwardness is the key of the country and it is positioned 134 among the 178 countries that training debasement, however the country has attempted to diminish th e bad habit. Socially, Azerbaijan has gone worldwide, and could win the Eurovision tune challenge in the national wide music rivalry (Murphy 2014, p. 20). For an organization to go worldwide it needs to investigate the outside business sectors and comprehend the main considerations that may influence the activity of the new item. One procedure of understanding the idea of a nation is to do PESTEL or PEST examination, which comprises of the

The SIPA Pan-African Network (SPAN) COLUMBIA UNIVERSITY - SIPA Admissions Blog

The SIPA Pan-African Network (SPAN) COLUMBIA UNIVERSITY - SIPA Admissions Blog Abibata Shanni Mahama, a second year student from Ghana, contributed the following post. ________________________________ The SIPA Pan-African Network (SPAN) is a student group at SIPA. It is geared toward the professional development of its members. It creates an informal community and provides a platform for students interested in the economic, political, and social development of Africa and its Diaspora.   It represents SIPA students from a variety of interests and disciplines (economic and political development; human rights; economic policy; environmental policy; security policy; and media to name a few), as well as from a variety of ethnicities and countries from around the globe. SPAN hosts programs aimed at improving and building the African continent throughout the academic year.  Apart from these activities SPAN also holds social events such as parties outside campus twice a semester, mostly in downtown New York where students are able to partake in the nightlife of the city.  Some of these parties and events occasionally involve the African Business Club (ABC) from the Columbia Business School and the African Law Students Association (ALSA) from the Columbia Law School. This demonstrates how SIPA students are able to interact with other students from different fields who may even come from the same countries. Networking is a strong element in working with these clubs. Apart from entertainment, SPAN also does the following: Organizes the annual flagship event the African Economic Forum held in the spring, exploring various themes in the economic, political and social development of Africa.   Ensures and shapes the presence of African Studies at Columbia through the ‘Moving Africa Forward Initiative’, by incorporating student voices in an on-going dialogue.   Works with the Columbia University administration to increase enrollment of students from Africa and the Diaspora at Columbia, and to improve the curriculum offerings for classes on Africa and its Diaspora.     Sponsors social and cultural activities, diversity awareness, and empowerment efforts around issues pertaining to and in celebration of the rich historical and cultural heritage of Africa and its Diaspora. You can find the SPAN Web site here.

The Legal Obligations of Parties in Various Business Transactions - Free Essay Example

Introduction Law provides the framework for the regulation of business relationships and hence is imperative for any business activity forming an important part of business environment. In the given assessment the interplay of law and business has been is depicted while analyzing the legal obligations of parties in various business transactions. Task 1 Sole trading Sole trading is where a person starts his personal business without any collaboration with others. Fewlegal formalities to operate the business in sole trading and the owner hastotal controlover the business and hence he gets the entire profit. In order to set up as a sole trader one must register with the HM Revenue Customs (Elearn,. 2000). Partnership In UK it is governed by the Partnership Act of 1890. Section 1(1) of the Act defines it as à ¢Ã¢â€š ¬Ã‹Å"the relationship between two or more people with the aim of profit Companies A company, as an artificial person (Elearn, 2000), is able to act only through its agents. The registration and establishment of a company is governed by the Companies Act of 2006. Section 9 of the Act provides that the memorandum of association must be delivered to the registrar together with an application for registration of the company. Section 4 of the Act provides for public and private companies. Private Limited Companies Private companies have Ltd after their name. They are typically smaller than public companies. Shares in a private company can only be bought and sold with permission of the Board of Directors, hence shareholders have limited liability. Public Limited Company A public company can sell shares to the public and to financial institutions and have their shares traded on the Stock Exchange. In order to create a public company the directors must apply to the Stock Exchange Council (Dennis M. Daley, 2011). Franchising A franchise grants permission to sell a product and trade under a certain name in a particular area. The person taking out the franchise puts down a sum of money as capital and is issued with equipment by the franchising company. Franchise contracts need to comply with general principles of contract law and take account of Data Protection Act, Unfair Contract Terms Act, Sales Agency Regulations, Transfer of Employee (on transfer of business) Regulations, Third Party Rights Act. The main areas of legislation that affect businesses are: Employment law- It aims at protecting the health, safety and rights of employees. The law governing employment in UK comprises of Disability Discrimination Act, 1995; Employment Rights Act, 1996, Sex Discrimination Act 1975, Race Relations Act 1976, Employment Protection Act 1978, etc. Consumer Protection- It aims at making sure that businesses act fairly towards their consumers especially since consumers are sometimes in a much weaker financial position (Elearn, 2000). Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade which is investigated by theOffice of Fair Trading. Competition law- It aims to ensure that fair competition takes place in each industry (Elearn.,2000). TheCompetition Act 1998and theEnterprise Act 2002are the most important statutes relating to competition law. Task 2 This is the case of family loan, a financial debt a person owes to a relative. In the majority of cases, the agreement is extremely informal with no contract or interest. As the contract between Asma and her brother complies with the basic requirement of contract under English Law, she has an obligation to pay. Since Gavin has promised to pay Asma  £200 for her work after the work was done, he can refuse to pay it later and Asma has no claim over it. This is because a promise cannot be based upon consideration that was provided before the promise was made (Jerome C. et el, 1908). As Franz has engaged Asma to organise a NAZI themed party where the uniforms and symbols expressing racial bigotry would be used which would be against public policy, Asma can avoid the contract. Pearce v Brookes(1866) LR 1 Ex 213, A contract ispactum illicitumif its object is or entails the commission of a crime or a delict; if its purpose is in other respects immoral or if it is detrimental to the national interest or contrary to public policy. The contract between Franz and Asma will be against Public policy as it will promote racism. Hence, Asma can discontinue her services. Although the effect of a void contract is to put the parties to the position in which they were before they entered the contract, Franz but he has no claim over the deposits he made to Asma and hence she is not bound to return it. In the given illustration since the contract expressly provided that à ¢Ã¢â€š ¬Ã…“prompt payment of instalments is of the essence to the contract and failure to comply would entitle Pulse Plc to terminate the agreementà ¢Ã¢â€š ¬Ã‚  (Jerome C. et el 1908),. Therefore, the failure to pay the third, fourth, and fifth instalments timely and the sixth becoming six weeks overdue, amounts to a breach of condition by Asma. Therefore, the termination of the contract by Pulse Plc is valid. It is an established principle that the following constitute a repudiatory breach of contract justifying termination at common law[1]: (1) a breach of condition (as opposed to warranty); (2) a refusal to perform, known as renunciation; and (3) a sufficiently serious breach of an intermediate/innominate term. The present case deals with breach of condition. If any term of the contract qualifies as a condition, i.e. a vital term, then breach of it, the contract can be terminated. Provided the term is a condition, the innocent party will be entitled to terminate the contract, no matter how minor the consequences of the breach. Prompt payment of the instalments was a condition in the contract and not a warranty, therefore, Asma can be sued for breach of contract by Pulse Plc. Moreover, since it was expressly mentioned in the contract, the right to terminate has arisen pursuant to a clause in the contract itself and therefore, Asma can be sued for the breach of it. Task 3 A basic overdraft facility is offered by all major Banks in theUK. However, whether this facility is offered free ofinterest or is subje ct to an average monthly balance figure or is at the banks overdraft lending rate, varies from bank to bank, A customer is said to be overdrawn without authorisation when he/she exceeds their authorized overdraft limit. This results in the customer being charged one or more fees, together with a higher rate of lending on the amount by which they have exceeded their authorized overdraft limit. This practise of charging fees on a daily basis by the Banks is sometimes considered to constitute unfair terms. The Office of Free Trading found that banks earn around a third of their personal current account (PCA) revenues from unarranged overdraft charges (UOCs) that are difficult to understand, not transparent and not subject to effective customer control. The principal issue to be decided by Andrew Smith J. in the OFT v. Abbey National [2009] UKSC 6 was whether the relevant charges were subject to the fairness test under UTCCR. Andrew Smith J. held that the relevant terms were in plain intelligible language except in certain specific and minor respects. The banks did succeed in establishing that the charges were not unenforceable penalties at common law. On appeal to the Supreme Court, the decision was again in favour of the banks. The Supreme Court had to decide not whether the banksà ¢Ã¢â€š ¬Ã¢â€ž ¢ charges for unauthorised overdrafts were fair but whether the OFT could launch an investigation into whether they were fair. The Court held that UOC are subject to the test of fairness. Therefore, the terms that provide for these charges do not represent unfair terms. All that is required is the terms must be fair. The current proposals for reform of unfair terms in contracts legislation are:- The law must be simplified because it is often criticised for its complexity. To be à ¢Ã¢â€š ¬Ã…“transparentà ¢Ã¢â€š ¬Ã‚  a term must be (1) in plain, intelligible language; (2) readily available to the consumer; To be à ¢Ã¢â€š ¬Ã…“prominentà ¢Ã¢â€š ¬Ã‚  a term must be presented in such a way that the average consumer would be aware of the term. The more unusual or onerous the term, the more prominent it needs to be. The Department for Business, Innovation and Skills should hold discussions with the Office of Fair Trading and other regulators about the mechanics of preparing guidance. Subject to these discussions, it should ensure that in deciding whether a term is transparent or prominent, the courts may have regard to guidance. The legislation should specifically state that terms on the grey list are assessable for fairness. The price/main subject matter exemption should be read subject to this provision. The legislation should state that terms of the grey list are assessable for fairness, unless they are exempted by other provisions of the legislation. Task 4 The possible claims of nuisance that may be brought against Victor are:- Ursula, who owns a manor nearby can claim nuisance against Victor as the peace of Sunday has been ruined by the noise and activity due to Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s activities. She is no longer able to host lavish Sunday lunch parties as her dining room looks straight onto the field with the result that the visitors to the car boot sale could stare at her and her friends as they sit at the table. She can bring a claim for private nuisance against Victor.Nuisance is indirect and unreasonable interference with the enjoyment of property. Moreover because a number of visitorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ cars park on the grass verges outside the villagersà ¢Ã¢â€š ¬Ã¢â€ž ¢ houses due to Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s business and one resident, Dennis, has frequently been unable to visit his grandchildren in the neighbouring village because of the cars parked in front of his drive, he can also bring an action for private nuisance against him. Since the villagers of Alverstoke are also upset due to the volume of traffic generated by the car boot sale and because one street in the village is blocked for most of Sunday, they can bring a claim for public nuisance against Victor. Public nuisance has been defined inAttorney-General v PYA Quarries Ltd, (1957) 2 QB 169, every person is guilty of an offence at common law, known as public nuisance, who does an act not warranted by law, or omits to discharge a legal duty, The possible claims that might be brought against Moira are: As she has set up a Sausage and Burger Bar in a caravan which is permanently parked just outside the entrance to the field. The members of the locality can bring an action for nuisance against her. Nat and Olive who have rented a cottage to the entrance so that Olive, could finish her latest novel in the peace and quiet of Alverstoke, have complains about the noise and particularly the smell of frying onions from the burger bar. They too can bring an action for private nuisance. However, this cannot be concluded decisively as they do not own the house. This is because nuisance is unreasonable indirect interference with the use of oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. But since Nat and Olive had rented the cottage and it was under their control they can bring an action against Victor. The bursting of large drums of cooking oil which resulted in the oil trickling into a stream in Victorà ¢Ã¢â€š ¬Ã¢â€ž ¢s field which flew into a lake in the grounds of Ursulaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Manor, affecting it badly and killing all the fish stocked in the lake by her, will make Moira liable for negligence. This is because Moira stored the large drums of cooking oil outside the caravan, and went out for shopping. The sunà ¢Ã¢â€š ¬Ã¢â€ž ¢s heat caused one of these large drums to burst resulting in the damage. This is a case of negligence as Moira had a duty to take care and she committed a breach of that duty. According to the principle of taking reasonable care in order to avoid injury to the neighbour laid down by Lord Atkin in Donoghue v Stevenson [1932] UKHL 100, Moira had a duty to take care. Since Moira had a reasonable duty to take care which she breached resulting in damage, she is liable for negligence. REFERENCES D. Bannister, A.P. Brown, B. Dormand, (1980), The Effectiveness of the Major Clearing Banks in Attracting New Accounts: A Case Study, Managerial Finance, Vol. 5 Issue 3, pp. 277 285 Dennis M. Daley(2011) Performance Appraisal in the Public Sector: Techniques and Applications, California: ABC-CLIO at p. 80. Elearn (2000). Business Environment, Burlington: Pergamon Flexible Learning, at p. 96. Jerome C. Knowlton, William Reynell Anson (1908). Principles of the English law of contract and of agency in its relation to contract, Chicago: Callaghan and company at p. 120. Matti Siemiatycki (July 2011), Public-Private Partnership Networks: Exploring Business-Government Relationships in United Kingdom Transportation Projects, Economic Geography Journal, Vol. 87, No. 3 (July 2011)at pp. 309-334. Spencer, J. R. (1989). Public Nuisance: A Critical Examination.The Cambridge Law Journal. 48 (1), p34-42 The Law Commission and The Scottish Law Commission on UNFAIR TERMS IN CONSUMER CONTRACTS: Advice to the Department for Business, Innovation and Skills  ¶2.25. Case Laws Attorney-General v PYA Quarries Ltd, (1957) 2 QB 169. Donoghue v Stevenson, [1932] UKHL 100. OFT v. Abbey National [2009] UKSC 6. Pearce v Brookes(1866) LR 1 Ex 213. [1]

Outline and Assess Marxist Explanations of the Causes of...

Outline and assess Marxist explanations of the causes of crime (50 marks) It is to a large extent that Marxism is a useful theory in explaining the causes of crime. This is because it highlights the inequalities in society and how the ruling class owns the means of production. This fails to show reasons why not everyone is facing status frustration and lower income turn to crime. One way in which Marxism is a useful theory for explaining the causes of crime is the concept of capitalism, criminogenic capitalism. Criminogenic capitalism is based on the exploitation of the working class- using them for a means to an end. Crime is not confined to the working class, greed and self interest cause white collar crimes such as tax evasion and†¦show more content†¦Chambliss (1979) argued that working class would try to increase wages and working conditions over a period of time. And the ruling class passed a law to limit wages paid to labourers. A more reason example is the government legislation enforcing benefit fraud. This is more of a working class crime. However, Functionalists challenge the concept of status frustration and argue that the laws are made for the good of everyone and that for society to work well it is to avoid anomie. This analysis shows that Marxism is useful to a large extent as it can be shown that there is seen to be a level of status frustration. One way that Marxism isn’t a useful theory is that the left realists believe that most working class crime is committed against the working class. This means that it’s not because of laws that the working class are going out to commit crimes. This means that more working class people are going to get into fights with one another over conflict of interests. This analysis shows that Marxism isn’t useful as it can be showed that crime is about conflicts of interests. Another way that Marxism isn’t useful is that functionalists believe that the reason for crime is that it’s inevitable. Durkeim (1893) believed that crime and deviance were the product of a lack of attachment to the prevailing consensus over collective values. It is impossible for everyone to have the same values. As people’s actions areShow MoreRelatedOutline and Assess Marxist Explanations of Crime1208 Words   |  5 PagesOutline and assess Marxist explanations of crime Marxist and neo-Marxist approaches and explanations of crime are arguably some of the most controversial, for the reason that they state that it is the ruling class that is responsible for criminalising the working classes, which goes directly against what official statistics and Functionalists believe. 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Example Human Rights Essay - Free Essay Example

Sample details Pages: 8 Words: 2520 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? This essay will discuss three assertions: (i) that international law was not intended to deal with rights of individuals; (ii) that international law is not equipped to deal with rights of individuals; (iii) that individual rights should be the concern of domestic legal systems only. We will deal with each of these in turn, with reference to international legal instruments and bodies. We will observe first of all how the rights of individuals, although falling outside the province of international law as it was conceived in the1600s, began to seep into the framework of international legal rules over the centuries, eventually coming to prominence during the human rights era that followed the end of the Second World War. We will consider secondly the various mechanisms that have been put in place by the international community in order to deal with the enforcement and observance of individual rights enshrined in international legal instruments. Lastly, we will critically assess the claim that questions about individual rights should be the sole concern of domestic legal systems. The scholars who laid the intellectual foundations of international law in the Western world, like Hugo Grotius (1625) and John Locke (1690), all stressed in their writings t hat legal systems, be they domestic or international, were founded in natural law and commonly accepted standards of (Christian)morality. It may seem surprising, therefore, that for centuries the rights of individuals played no significant role in the framework of international law. International law, as the name suggests, was the body of legal rules governing the relations between states the law of nations. Nation states, and not individuals, were the subjects of international law. The behaviour of a state towards individuals within its own territorial boundaries was governed by its domestic legal system. Any interference by one state in the internal affairs of another, for whatever reason, was viewed as a violation of state sovereignty, and as a threat to stability in international relations. It did not take long for international law to begin to concern itself with the welfare of individual human beings. However, when this did start to occur it was not because human com passion and religious morality had risen to the foreign international relations; it was motivated rather by the reciprocal political and economic interests of states. An early concern of nation states was the manner in which their diplomats and other nationals were treated when residing and conducting their business in the territory of another state, as noted by Louis Henkin (1989): Of course, every State was legitimately concerned with what happened to its diplomats, to its diplomatic mission and to its property in the territory of another State. States were concerned, and developed norms to assure, that their nationals (and the property of their nationals) in the territory of another State be treated reasonably, fairly, and the system and the law early identified an international standard of justice by which a State must abide in its treatment of foreign nationals. Once such norms were agreed between two states, it was no longer possible for either of them to assert tha t the treatment of individuals within its borders was a matter exclusively to be dealt with by its domestic legal system, a point that was stressed in an Advisory Opinion on Nationality Decrees Issued in Tunis and Morocco (1923) of the Permanent Court of International Justice (the forerunner to the International Court of Justice).However, although the rights of individuals were thus internationalised to a limited extent, the international agreements in question did not permit states to take action against any state that was deemed to be violating the rights of its own nationals. The position under international law in this respect began to change with the developing doctrine of humanitarian intervention. First expounded by Hugo Grotius (1625), the doctrine of humanitarian intervention allowed for limited exceptions to the rule that states were prohibited from interfering with the internal affairs of other states for the benefit of individuals within those other states. This could be done to stop the maltreatment by a state of its own nationals when that conduct was so brutal and large-scale as to shock the conscience of the community of nations (Stowell 1921). The doctrine has been much abused throughout history, and is often invoked as a pretext for the invasion or occupation of weaker countries. However, it shows that states were becoming concerned with the welfare of individuals even when this was not directly linked to political and economic interests to be derived at the state level. As we moved into the nineteenth century, a new wave of concern for human welfare sparked changes within the international system. European and American states abolished slavery and the slave trade, and international agreements were put in place to govern the conduct of war between states in such a way as to minimise cruelty and brutality in international conflicts. The Hague Regulations (1899) sought to codify principles of customary international law that had developed over time in relation to land warfare, making provisions to outlaw certain weapons that had proved particularly destructive to individuals on the battlefield and civilians, and to protect the welfare of prisoners of war. This could not stop the catastrophe that was to unfold in the course of the First World War, which claimed more lives than any conflict in the history of humankind. In the aftermath of the War, the Covenant of the League of Nations (1920) came into force. This established the League and served as its constitution. Although it contained no express provisions dealing with human rights, it marked a substantial step forward in terms of international law recognising the rights of individuals, in three important respects. Firstly it recognised the rights of individuals living in the colonial territories of the states that were defeated in the War, transforming these territories into League Mandates, and stating in article 22 that the principle that t he well-being and development of [the native] peoples form a sacred trust of civilization. Secondly, article 23 of the Covenant stressed the need for fair and human conditions of labour for men, women and children. This was to pave the way for the creation of the International Labour Organisation under the Treaty of Versailles (1919). Many scholars,including Leary (1981) have stressed the importance of the ILO in improving the working conditions for millions around the globe, and in turn making a significant contribution to the development of international human rights law. Finally, the League of Nations established a system for dealing with the protection of minority groups within certain states. A series of special treaties were concluded for the protection of ethnic, linguistic and religious minorities in several countries in central and eastern Europe (Hannum 1990).These treaties were supported by a relatively sophisticated (and successful)system of enforcement, whereby a committee accepted petitions concerning allegations that minority rights had been violated, with the possibility of the Permanent Court of International Justice rendering an Advisory Opinion on the legal merits (Stone 1934). International law showed itself to be more than equipped to deal with the rights of individuals belonging to minority groups during a short period between the two World Wars. This success was to prove short-lived. The events of the Second World War, and in particular the systematic extermination of over six million European Jews by Hitlers Nazi Germany, were to shock the worlds conscience. The notion of human rights,never before made explicit under international law, was to find its way into the Charter of the United Nations (1945), which was ratified after the War by most members of the international community. Although the rights accorded to individuals under the Charter were not as extensive as some had hoped (Robinson1946), it nevertheless began it s Preamble with the words We the peoples of the United Nations human beings, as well as nation states, had now become subjects of international law. Article 1(3) of the UN Charter states that one of the purposes of the UN is: To achieve international co-operation in solving problems of an economic, social,cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 55(c) also stresses the need for the UN to promote universal respect for, and observance of, human rights and fundamental freedoms for all. The UN Charter was followed in 1948 by the Universal Declaration of Human Rights, which draws on documents like the French Declaration of the Rights of Man and the American Declaration of Independence(Eide 1992). This instrument, which has proved a driving force in the human rights movement, proclaims in article 1 that all human beings are born free and equal in dignity and rights. The Universal Declaration on Human Rights was followed in 1966 by the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These Covenants create binding legal obligations for the states that have ratified them. Henkin (1977) emphasises that these states are therefore no longer free to claim that the rights contained in the Covenants fall exclusively within their domestic jurisdiction. International law has come a long way since the days of Grotius; there can be no doubt that individual rights are firmly enshrined within its framework. If individual rights are plainly part of todays international system, the next question that falls to be considered is whether international law is equipped to deal with individual rights. We observed earlier how the League of Nations put in place a system of enforcement and observance for the minorities reg ime that existed during the inter-war years, oversee ultimately by the Permanent Court of International Justice. Various other mechanisms exist within the international system, and they have enjoyed varying degrees of success. One of the most successful human rights enforcement mechanisms is the Human Rights Committee established under the ICCPR. The Committee exists to ensure that states that have ratified the ICCPR comply with the obligations they have assumed under it. State parties are required under article 40(1) to submit reports on the measures they have adopted which give effect to the rights recognised [in the Covenant] and in the progress made in the enjoyment of those rights. Under the First Protocol to the ICCPR, the Committee will also accept petitions from individuals alleging that their rights under the Covenant have been violated by a state that has ratified the Protocol. The Committee has developed an extensive body of jurisprudence,which serves as a valuabl e tool in helping with the interpretation of the rights under the Covenant (McGoldrick 1994). Regional human rights systems have also shown that it is possible to enforce the observance of individual rights in an arena other than the domestic legal system of a nation state. The European Court of Human Rights hears applications from individuals in member states of the Council of Europe concerning alleged violations of the European Convention on Human Rights(1950), a document that draws heavily from the Universal Declaration of Human Rights. Since the passing of the Human Rights Act (1998) into UK law, the English courts are obliged to follow rulings of the European Court of Human Rights, which presents us with an interesting example of the interplay between domestic and international law in relation to the rights of individuals. Other regional bodies include the Inter-American Court of Human Rights and the African Commission for Human Rights. Although less prolific and power ful than their European counterpart, these bodies have demonstrated that it is possible to enforce individual rights under international law. Many who argue that international law is not equipped to deal with individual rights point to the so-called non-justifiability of economic, social and cultural rights, as well as third generation peoples rights. They aim to show in other words that, by their very nature, such rights are not capable of being determined judicially, unlike the sort of rights that arise ordinarily within domestic legal systems. In the context of civil and political rights, the argument goes, the individual holds a clearly defined right against the state, the violation of which can be tested in a court of law. However, it is said that economic and social rights are not suitable for judicial consideration because of the wide range of issues that have to betaken into account and the uncertainty surrounding effective means of achieving the ends in question. W hile Article 2(1) of the ICCPR states: Each Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, Article 2(1) of the ICESCR states: Each State Party to the present Covenant undertakes to take steps to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. However, the Committee that oversees the ICESCR has refuted the non-justifiability argument. In its General Comment No. 3(1990), the Committee insists that Article 2 of the Covenant imposes concrete legal obligations, requiring states to realise minimum standards relating to each of the rights, utilising available resources in an effective manner. It follows therefore that although e conomic and social rights under international law may be different to the sort of rights that are normally found within a domestic legal system, that is not to say that they are not capable of enforcement. Methods of enforcement do need to become more effective, but several international bodies have shown that they are equipped to perform this role, often with very positive results. We finish by dealing with the assertion that questions about individual rights should be the concern of domestic legal systems only. We can safely dismiss this assertion as ill founded with the help of an unlikely source: Hermann Goering, during the Nuremberg trials that took place in the wake of the Second World War, exclaimed: But that was our right! We were a sovereign state and that was strictly our business. Germanys sovereignty, in Goerings view, shielded individuals involved in the atrocities of the Holocaust from accountability. When domestic legal systems (like that in Nazi Germany)f ail to prevent the murder and ill treatment of prisoners of war, murder and ill-treatment of the civilian population and a policy of slave labour and persecution and murder of Jews, it is right that the international community should step in to protect the rights of the individuals concerned. There can be no doubt that the international system is often ill-equipped to deal with atrocities that occur within state borders; the genocide in Rwanda in 1994 is a case in point. However, that is not to say that we should not keep striving to perfect the systems that do exist under international law. It may not have been conceived to deal with such issues, but international law has evolved into a corpus of rules with huge potential as a mechanism for the enforcement and protection of individual rights. Nation states would be wise to build on this potential rather than ignore it. Don’t waste time! Our writers will create an original "Example Human Rights Essay" essay for you Create order

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Students Are Not College And Career Ready Nationally

Section 1: Introduction to the Study Students are not college and career ready nationally and this is more than likely attributed to low reading abilities. This is an on-going problem that needs immediate attention. It is not a new problem but because of the advance changes and the technology driven mind of the 21st century we have a gap in our educational system. Introduction The probablilty of students struggling to become fluent readers is evident as early as prek which gives an insight on which students will be on grade level by third grade. According to Paul (2012), â€Å"Third grade is the year that students move from learning to read — decoding words using their knowledge of the alphabet — to reading to learn†. In the Spring of 2015, the State Department of Education in South Carolina began an effort to ensure that all students were career and college ready upon graduating form high school. This was an exertion that stakeholders would pull their load in making sure that all students in the state of South Carolina would foster the ability to become proficient readers. Early years are the emphasis for the prevention of reading complications and research ‘conducted over the past two decades has produced wide-ranging results signifying that children who get off to a poor start in reading seldom catch up. A specific research based approach used in helping struggling readers is that of guided reading. Iaquinta (2006), stated that guided reading, is an importantShow MoreRelatedI Believe Vision And College Alumni Into Accelerating Career Pathways That Promote Autonomy, Innovation, And Leadership Expressed759 Words   |  4 Pagespromotes and excels college alumni into accelerating career pathways that promote autonomy, innovation, and leadership expressed independently and as a team. 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For years now college athletes have gone out and performed on national television, working hard to make it to the next level. They have given it there all, and not only that, the athletes bring in about $11 billion in annual revenue from college sports. Now days, sports is a business, and college sports are the same. Division 1 college sports provide a lot of income for the universities. Many athletes

Management Dissertation Proposal Proforma Free Essays

1. Aims of the Dissertation: The aim of this research is to investigate how postponement as a manufacturing and procurement strategy in supply chain management can add strategic value to a firm’s operations This will be investigated through the following research questions How can a postponement strategy provide practical strategic value to companies How can the relationships in the supply chain be managed to best support a postponement strategy How can the low rate of postponement adoption amongst companies be addressed in the future What theoretical and empirical developments are needed to boost the value of postponement 2. Methodology: Proposed Methodology A research can achieve its objectives by gathering and analysing qualitative and/or quantitative data. We will write a custom essay sample on Management Dissertation Proposal Proforma or any similar topic only for you Order Now Qualitative data adheres to an interpretivist research philosophy wherein reality can be understood through subjective interpretation of its context (Hussey and Hussey, 1997). On the other hand, quantitative data is in line with the positivist research philosophy which views reality from a strictly objective perspective (Levin, 1988). Some of the most popular approaches which can be used to gather either qualitative or quantitative data are: surveys, action research, case studies and experimentation (Saunders et al, 2007, p. 126). Of these, surveys tend to be used mostly for descriptive and exploratory research that covers a broad and relatively undefined topic. In contrast, action research is based on researchers actively collaborating and working with practitioners in a highly specific field in order to investigate a narrow and well defined issue or problem. This tends to be for the purpose of finding practical solutions to a specific issue and thus is a highly involved research methodology. Case studies are a middle ground between action research and surveys, aimed at carrying out in depth research but without the direct involvement of practitioners, helping the researcher to avoid becoming too involved with the organisation, and developing a narrow view. Finally, experimentation focuses on the creation and inv estigation of specific scenarios, with the aim being to determine how these scenarios unfold, with certain external factors controlled to allow other factors to be investigated in significant detail (Saunders et al, 2007, p. 128). In the case of this research, postponement is a relatively well defined area, but one that has still not been fully investigated and formulated in the literature as discussed above. As such, when investigating postponement it is important to use a methodology that is focused enough to be strongly rooted in the existing research, whilst not being so narrow that it fails to consider the potential for gaps in the theory. This implies that the best methodology to use is a case study of organisations that have implemented postponement strategies. This methodology will help understand how these postponement strategies have provided practical strategic value to the companies that have implemented them. It will also provide insight into the impact on postponement on the supply chain and the relationships in the supply chain, as well as the steps that could be used to address the low rate of postponement adoption amongst companies in general. In case studies, both quantitative and qualitative method can be used to gather data. This study will mainly use a qualitative method. The qualitative approach is considered most suitable when a researcher wants to explore a problem through different variables which are not possible to be measured statistically (Ghauri and Grohaug, 2002). The case studies should also look to obtain significant amounts of qualitative data and feedback from managers in the companies to determine what they think the main issues with postponement are at the present time, and thus how these issues could be resolved by future theoretical and empirical developments in this area. 3. Feasibility: The researcher has access to all the secondary data required for the literature review of this study which is necessary for its theoretical underpinnings. The sources of secondary data include books, journals and academic papers available in libraries or in digital formats as e-books or over the internet. Moreover, significant information for this research will be acquired through the authentic internet sources including websites of various consultancy firms and institutions. As for the primary research pertaining to the case study, the researcher has sought to acquire access to the managers of several companies which apparently practice postponement strategy to some extent. 4. How Your Work Fits Existing Published Work: Literature Review and Initial Research According to Wan (2006, p. 8) â€Å"a postponement strategy aims at delaying some supply chain activities until customer demand is revealed in order to maintain both low system wide cost and fast response†. This implies that a postponement strategy is a process by which the supply chain can be better brought into line with customer demand levels, thus enforcing some form of consumer pull on the chain. There are various types of postponement strategies, which include postponing the purchasing of certain perishable materials; postponing the completion of products to allow customers to customise them; postponing the completion of products until they are closer to customers to reduce lead times; and postponing the distribution of products to ensure distribution strategies can be coordinated central (Wan, 2006, p. 12). However, the emergence of e-commerce has led to a revolution in the range of postponement strategies which can be used, with virtual inventories effectively being in dependent of the physical location of stock and components. This allows retailers to fulfil customer orders by postponing their inventory at the factory level until a customer order is placed, at which point a range of modular components can be assembled in a variety of locations allowing for a more advanced approach to postponement (Bailey and Rabinovich 2005). This high level of flexibility and responsiveness can provide a wide range of benefits to the companies. Some of the most obvious benefits or advantages are a reduction in inventory costs; a reduction in transportation costs due to direct distribution; a reduction in obsolescence levels and an increase in customer responsiveness (Wan, 2006, p. 22). However, perhaps an even more important potential benefit is the fact that postponement can be carried out at the point of product differentiation, thus creating a powerful strategy to improve supply chain management (Davilia and Wouters, 2007, p. 2245). Specifically, by implementing such a strategy, a company can manage to create a generic product range that is low cost and needs relatively minimal levels of customisation; whilst also offering highly customisable premium products which can be customised to specifications and offered at a higher rate. This ability to pursue two strategies at once allows companies to target multiple market segments, thus potentially achieving higher levels of customer responsiveness and better customer targeting (Davilia and Wouters, 2007, p. 2245). The use of a postponement strategy can enhance these benefits, as well as facilitating and supporting the development of other strategies such as mass customisation and modularisation. This is because all of these strategies and fundamentally linked to the product architecture. A postponement strategy necessitates the creation of modular designs, thus making it easier for companies to produce a wide range of products whilst still using mass production techniques. As such, when these three are combined into a single supply chain strategy, they offer companies an unparalleled level of flexibility and responsiveness, with the cost benefits of postponement helping to counter the additional cost of using modularisation and mass customisation (Mikkola and Skjott-Larsen, 2004, p. 352). However, in order to successfully apply these strategies, a high level of supply chain coordination is needed. This implies that high levels of buyer supplier cooperation are also required if a company is to use postponement to meet the challenges of a demanding marketplace (Yang et al, 2007, p. 984). This can place strain on the relationships in the supply chain, as buyers and suppliers may be unable to agree on the best way to achieve postponement and customisation, and on how to share the costs and benefits. However, once the conditions for a postponement strategy have been created, the strategy itself fundamentally revolutionises a company’s supply chain. It allows for numerous customisation strategies to be pursued in parallel and turned delivery and production lead times into a variable which can actively be managed as part of the supply chain efficiency maximisation (Brun and Zorzini, 2009, p. 205). This is because the postponement strategy works by striking a balance between the degrees of customisation achieved, the price of the product, and the delivery time to customers. Standard customisation strategies tend to create too high a level of customisation, thus increasing costs and lead times. In contrast, mass production strategies do not allow for customisation, thus reducing the level of differentiation. By using a postponement strategy, companies can strike a balance and provide their customers with their own specific balance of customisation, cost and lead time, thus boo sting overall supply chain effectiveness and customer satisfaction levels (Su and Chuang, 2011, p. 24). However, recent surveys of supply chain professionals and businesses have clearly indicated that, in spite of the potential benefits of postponement, it is still an underutilised concept amongst major businesses. Specifically, a survey by Yang et al. (2005, p. 991) of businesses in the food, clothing, automotive and electronics industries showed that most companies expected postponement to be less used as a strategy in the future. According to Boone et al (2007, p. 594) this slow rate of adoption is due to an inability to extend postponement research beyond its manufacturing context, or to provide empirical proof of the strategic benefits. As such, this is a key issue that this work will aim to address. 5. Why You Are Doing This Topic: Postponement is a relatively common concept in logistics, marketing, and manufacturing concept, with forms of informal postponement being used by companies since the 1920s (Yang and Burns, 2003, p. 2075). The application of postponement as an operations and supply chain strategy is however in its formative stage as many companies are only starting to witness the full prospects of adopting this practice. The Council of Logistics Management defines postponement as â€Å"the delay of final activities (i.e. assembly, production, packaging, tagging, etc.) until the latest possible time. A strategy used to eliminate excess inventory in the form of finished goods, which may be packaged in a variety of configurations.† (Kong and Allan, 2007) This definition implies that postponement delays one specific step that occurs early in the production or procurement process of a product till the end. As evident from its definition, the aim of adopting this practice is to minimize or eradicate inventory by finalizing a product right before it is set off for delivery. Many management practitioners and business executives who are closely familiar with postponement phenomenon view this concept only as an operational strategy. They regard postponement as a process of improving the production and assembly of a product. Although the practice of postponement may be certainly effective in improving production operations, postponement should be expanded and explored as a supply chain strategy. However, in modern times a more strategic approach to business and operations management has seen postponement used as a strategy for managing supply chains and maximising their efficiency. In this context, postponement can offer to companies a new way to conceptualise their product design, process design and supply chain management in order to obtain new forms of competitive advantage. However, the relatively limited use of postponement in this area indicates that more research needs to be undertaken into the factors that will drive the use of postponement as a man ufacturing strategy in supply chain management. This proposal will examine the literature in the area and propose a methodology to obtain a better understanding of the use of postponement strategy, and the contributions it can make to modern supply chain management in the competitive markets. 6. Timing Mileposts MilestoneDescriptionDue dateRemarks 1Stage 1: Area of interest identified 2Stage 2: Specific topic selected 3Stage 3: Topic refined to develop dissertation proposal 4Stage 4: Proposal written and submitted 5Stage 5: Collection of data and information 6Stage 6: Analysis and interpretation of collected data/information 7Stage 7: Writing up 8Stage 8: Final draft prepared – submission of dissertation 9Final Deadline – nine months from classroom date. References: Bailey, J.P. and Rabinovich, E., Internet book retailing and supply chain management: an analytical study of inventory location speculation and postponement. Transportation Research Part E: Logistics and Transportation Review; 2005, Vol. 41, p159-177. Boone, C. A. Craighead, C. W. and Hanna, J. B. 2007. Postponement: an evolving supply chain concept. International Journal of Physical Distribution Logistics Management; 2007, Vol. 37 Issue 8, p594-611 Brun, A. and Zorzini, M. 2009. Evaluation of product customization strategies through modularization and postponement. International Journal of Production Economics; Jul2009, Vol. 120 Issue 1, p205-220 Davila, T. and Wouters, M. 2007. An empirical test of inventory, service and cost benefits from a postponement strategy. International Journal of Production Research; 5/15/2007, Vol. 45 Issue 10, p2245-2267 Fisher, C. (2004), Researching and Writing a Dissertation – For Business Students, Prentice-Hall, Englewood Cliffs, NJ. Hussey, J. and R. Hussey (1997) Business Research: A Practical Guide for Undergraduate and Postgraduate Students. London, Macmillan. Kong and Allan (2007) More on Postponement Adapting Postponement to the Supply Chain. Available from http://kongandallan.com/en/us_pdf/MOP0707U.pdf (cited on 15th April, 2013) Levin, D. M. (1988). The opening of vision: Nihilism and the postmodern situation. London: Routledge. Mikkola, J. H. and Skjott-Larsen, T. 2004. Supply-chain integration: implications for mass customization, modularization and postponement strategies. Production Planning Control; Jun2004, Vol. 15 Issue 4, p352-361 Saunders, M. Thornhill, A. and Lewis, P. 2007. Research Methods for Business Students. Harlow: Financial Times / Prentice Hall. Su, C. J. and Chuang, H. C. 2011. Toward Mass Customized Product Deployment in E-Commerce: The Modularization Function and Postponement Strategy. Journal of Organizational Computing Electronic Commerce; Jan-Mar2011, Vol. 21 Issue 1, p24-49 Wan, J. 2006. Postponement Strategy in Supply Chain Management. University of Cambridge. http://www.ifm.eng.cam.ac.uk/mtms/events/documents/Johnny_Wan.pdf Accessed 15th April 2011. Yang, B. and Burns, N. 2003. Implications of postponement for the supply chain. International Journal of Production Research; 6/15/2003, Vol. 41 Issue 9, p2075-2090 Yang, B. Burns, N. D. and Backhouse, C. J. 2005. An empirical investigation into the barriers to postponement. International Journal of Production Research; 2005, Vol. 43, p991–1005. Yang, B. Yang, Y. and Wijngaard, J. 2007. Postponement: an inter-organizational perspective. International Journal of Production Research; 2/15/2007, Vol. 45 Issue 4, p971-988 Yin, R.K. (1994), Case Study Research – Design and Method, 2nd ed., Sage, Newbury Park, CA. How to cite Management Dissertation Proposal Proforma, Essays

Case Study on Henkel †Avail Free Sample Assignment Solution

Question: 1. Is Henkels approach to strategy execution shaped sufficiently by its mission and values? How does the companys approach to staffing the organization and building organizational capabilities support its strategy? How do you rate CEO Rorsteds initiatives to transfort Henkels unhealthy culture into a high performance culture? 2. What are the key features of Henkels organizational culture? Does this companys culture support good strategy execution? Explain. 3. What business strategy recommendations would you make to Kaspar Rorsted, Henkels CEO? Should the company redouble its efforts to broaden its leadership and cultural diversity? Should the company consider new strategic partnerships or new acquisitions? What other potential strategic options does he need to consider? Answer: 1. Henkels strategy did not fit the values and mission. This was mainly due to two reasons. Firstly, the adhesive industrial business of Henkel did not resonate with the focus of the customers. Secondly, the tagline of Henkel did not portray a competitive culture that CEO Rorsted thought would help (Akremi, Roussel and Tre po, 2001). The CEO Rorsted has realized that organization staffing would help the company to achieve their strategy. To focus on the strategies, the company should have clarity of the values. This would help in handling the strong choices that are needed to change into a challenging competitor (Chunawalla, 2009). The goals of the company are many, but very few of the employees feel the need to achieve it. Foundation for tough decision is to be made using core values. During the years 2004-2008, employees earning was high where as the company suffered loss. The CEO suggested that the company was underperforming and striving for the second position that would no longer do any good. This is a right step on the part of the CEO. 2. With the inclusion of the new management system, Henkel organisation holds bonuses linked to the team performance, financial performance and individual performance. This is a key feature of the company. For group performance, the company sees the two or three key performance indicators. These indicators were ranked in the scale 0% to 200%. The KPI score was averaged to get an overall score. Team performance also followed the same formula where the things too achieve was possible through local or specific targets. The performance of individual was weighted 50% on each of the inputs i.e. the equally weighted two KPIs performance and DRT performance rating. Target bonus was available to each manager according to their job level. To calculate the bonus payout, the individual score was multiplied with the total score (Lawley, 2007). The strategy will be implemented properly only if the culture of the company is supportive. The strategy that the company focuses on is to outperform. The company wants to manage their portfolio actively. The company focus on the high potential region so that it can make certain changes so that the strategies are fully executed. 3. For a company like Henkel that deals in a variety of products must try to divide its investment strategies. The company should focus on diversification and localization of products in the Southern European market. To gain market share, the company must focus in branding of products that are suited typically for Spain and Italy. This will help the company to increase its revenue by 50% and 20% approximately in Spain and Italy respectively. With the changes being incorporated in the organisation, the company has successfully created a winning cultural diversity. Simone has visited many places and interacted with the leaders of the company and from them he got a positive feedback on the visions and ideals. The company should take up the strategy of acquisition as it will help in optimizing the portfolio of the company (Rickertsen and Gunther, 2001). The CEO must focus on the leadership management programme. It is crucial that a big brand as Henkel should possess a good understanding of strong leadership. References: Akremi, A., Roussel, P. and Tre po, G. (2001). CEO compensation strategies. Jouy-en-Josas: Groupe HEC. Chunawalla, S. (2009). Product management. Mumbai: Himalaya Pub. House. Lawley, B. (2007). Expert product management. Cupertino, CA: HappyAbout.info. Rickertsen, R. and Gunther, R. (2001). Buyout. New York: AMACOM.

Global Marketing for Organization Development -myassignmenthelp

Question: Discuss about theGlobal Marketingfor Organization Development Change. Answer: Introduction Currently, a large number of organizations have is to expand their operations from local to international, in order to increase their market area, reduce competition in the local market and on their gains significantly. International marketing is where a company decides to sell its products further in overseas countries and hence it acquires high-profit. The decision to move international is a critical aspect and supposed done efficiently by the shareholders of the company to ensure that they will be in a position to act appropriately in those overseas countries (Czinkota Ronkainen 2013). An organization that has recently made the decision to expand its services and operations from local to international in the Australian Retail organization, Woolworths. Among the products that the organization is aiming to offer in international markets is the soft drink brand known as the Coca-Cola zero. The organization considers the Chinese market as a good international market to for this produ ct. This paper assesses the means through which the organization plan on penetrating the Chinese market, in order to make sales of the soft drink. Brief overview of the company/product Woolworths Limited is the second largest Australian retail organization that deals with a large number of activities. The recent success that the organization has obtained through its retail activities is mainly because of its effectiveness strategies which have helped it increase its market share in Australia and New Zealand where it has already expanded to. Among the many products that the organization offers is the recent Coca-Cola Company product known as Coke Zero. This is a soft drink product which is preferred by a large number of people concerned with a number of calories they consume in a soft drink. As its name suggests, the product is manufactured to contain zero calories thus making it suitable for all individuals that are concerned with the weight they may gain through their drink consumption. Since, currently, a large number of people are increasing awareness of health conditions like obesity, the product has become a high selling commodity in the markets where the orga nization already operates in (Pella, 2014). Why we want the product in that particular country The organization has a large number of regions or country to choose from when making the decision on the most appropriate market to expand its retail activities. After a thorough assessment of the countries and determining the most appropriate one to expand its services in, China is the country that the organization prefers to expand its services in. To begin with, China has a significantly large population of people, an aspect that increases the potential buyers of the product in the market (Eva, Hindle, Paul, Rollaston, Tudor, 2014). The country also has a large number of people that are significantly willing to ensure that people remain in complete control and capability of maintaining effectiveness in all the operations that they involve in. The Chinese market is also appropriate because, to begin with, the country has one of the most rapidly rising economies in the world. Is implies that more people in China have managed to increase their gains and capabilities, thus giving the m the ability to purchase the product (Fatehi, 2008). Situational Analysis Business Environment (PESTLE) The PESTLE tool can help provide the environment within which the Woolworths Limited company operates. Politically (P), to begin with, the organization has managed to grasp acceptance in the country, and thus it has increased its political strengths. Being among the best retailers and the second largest, it has less political hindrances that hinder its progress. Economically (E) the organization is significantly affected by the economic condition of the countries where it operates. In Australia, the recent recession has resulted in a large number of people being jobless and earning less, thus reducing their purchasing capability (Adamski, 2016). This aspect significantly reduces the ability of the organization to gain profit. Social Factors (S), address the social issues of the society within which the organization operates. The society within which this organization operates is in significant need of lowly priced but quality products. The organization has thus attained the need to i ncrease its effectiveness by improving the quality of services that it offers and offering fair pricing of its products (Cummings, Worley, 2009). Technologically (T), the organization has embraced the use of technology, in order to increase its effectiveness and manage to improve gains. For the case of the Legal Factors (L), the organization has a dedicated legal group whose main purpose is to ensure that all individuals remain in complete control of all the operations and activities that take place. The organization also ensure that it conforms to all legal requirements that are made by the government under which it operates. Environmental factors (E), act as the guide on how the organization will operate in relation to the environment within which it operates. The organization has the main aim of ensuring that it completely eliminates all forms of practices that are not environmental friendly. Environmental friendly activities, therefore help in ensuring that the society is in favor of the activities that the organization involves in (Clegg, Bailey, 2007). Market Analysis (Size, Growth, Market characteristics, The Behaviour) As explained earlier, the chines market is the target market for Woolworths Limited organization in selling the Coke Zero product. To begin with, this market is significantly large. Apart from China being a country with one of the highest developing economies, it is also a home for 1.379 billion individuals, according to the consensus of the year 2016. This is a significantly large number of population, especially when it is compared to the Australian population, which is only 24.13 million. With this regard, it is clear that there are even more potential buyers in China, compared to the buyers of this product in Australia. The market size of the country is simply one of the largest in the world (Australia, 2015). Over the years, the chines economy and population has been growing rapidly. China has on many occasions been referred to as one of the most rapidly growing economies in the world. This implies that the Chinese market is over time increasing to become much better and favorable to organizations that decide to seize the opportunity and penetrate their products in it. One characteristic of the Chinese market is that it is significantly large, mostly due to a large number of Chinese individuals who are willing and capable of making retail product purchases. The other characteristic of this market is that it has a large number of product suppliers, who also aim to make a profit from the market (Fernandes, Freund, Pierola, 2016). The third characteristic of the market is the fact that it is also a target to a large number of organizations who seek to offer their products in it. The market behavior of consideration is the means through which individuals can manage to remain in complete capa bility and retain effectiveness in the activities that they involve in (Nas, 2016). Competition (within the market, Market Share, Growth, Differentiate) For the Coke Zero product within the Chinese market, competition is of high level. A large number of retail organizations has managed to expand their services to the region. Being a significantly large market with huge potential, the Chinese market has become a target of the worlds largest organizations. Among others, the companies that have managed to successfully expand their operations to this market include Walmart, which is currently the worlds largest retailer, Coca Cola, which is the company that produces the Coke Zero product and the local Chinese retail organization which are many and competitive. With this regard, the market share for the organization in this market is small. This is however because the organization has not fully penetrated the market with the product. Although these other Over time are large and capable, the organizational success strategies have the capability of helping in increasing its market share within the market. Another major aspect of considerati on is the fact that growth can be fully associated with the Chinese market. Overtime, the market has managed to establish constant growth, and thus with this growth, the organization has the opportunity to increase its services effectiveness and market share steadily. Product differentiation is the other important aspect of consideration, the organization has the capability of differentiating the Coke Zero product from the brand that is offered by other organizations, in order to reduce aspects where people do not associate this product with the organization. This aspect can easily be achieved, by an agreement between the organization and its product supplier, which is the Coca-Cola Company (Tan, Sousa, 2013). Organizational Asset and skill (Why the organization does well) For a long time, Woolworths Limited organization has managed to increase its effectiveness, both within the Australian Market and New Zealand where the organization has successfully expanded its products. The first main aspect that has led the organization to obtain this success is the large number of improvement strategies that the organizational management implement in its operations. The organization has managed to establish effectiveness and ensure that people remain in complete favor of its operations, without having to face the problems of poor services and ineffectiveness of how it operates. The other reason why the organization remains among the best is the fact that it has managed to establish a highly dedicated team of employees who operate with high levels of effectiveness in the activities that they involve in. this team of highly effective individuals helps the organization to remain effective in all the activities that it involves in (Papadopoulos, Heslop, 2014). In order to understand the position within which the Woolworths Limited organization stands, a SWOT analysis can offer effective aid. For the case of the organizational strengths, to begin with, the organization is considered one of the oldest retails in Australia. This has led to a large number of people being well conversant with how the organization operates, its benefits, and what they should prefer it over its competitors. The other strength is the fact that the organization has managed to establish a large number of stores and supermarkets, which has led to many people identifying with it. One of its major weakness on other hand is the fact that the organization has a significantly low presence internationally. This is because it has not managed to expand its operations to many other international markets. The other weakness is the fact that the organization only recently began to utilize online retail services and thus it gave the opportunity to its competitors (SP 2017). One opportunity of this organization is to utilize many promotions, in order to attract more customers. This will help the organization increase the number of individuals in the market who prefers its products to those of its competitors. The other opportunity is for the organization to carry out huge retail marketing of its products, in order to help a large number of people understand the products that it offers and the means through which those products can benefit them. A threat associated with the organization, on the other hand, is the slow growth of online retail in Australia, an aspect that reduces the gains of the organization through this channel. Another threat is the aggressive expansion of its local competitors like Aldi organization, an aspect that is significantly reducing its profitability (Bull, Jobstvogt, Bhnke-Henrichs, Mascarenhas, Sitas, Baulcomb, Carter-Silk, 2016). Conclusion Woolworths Limited organization has for a long time been operating in Australia, until recently when it expanded its operations to New Zealand. The expansion was highly beneficial to the organization, mainly because through it, managed to increase its market share and also increased its gains significantly within a very short period of time. With this understanding, the expansion to the Chinese market is an aspect that is likely to be highly beneficial to the organization. Through this expansion, the organization will manage to get into the Chinese market by the utilization of a single product. After the expansion becomes a success, the organization can then utilize a similar strategy, to offer the rest of its products into this market. This method will help the organization to improve significantly while reducing the risk of spending too much without certainty. It is, therefore, an appropriate decision for this expansion to take place (Czinkota, Ronkainen, 2013). References Adamski, K. (2016). PESTLE PESTLE Analysis for Woolworths Limited: PESTLE. Retrieved from https://freepestelanalysis.com/pestle-pestel-analysis-of-woolworths/ Australia, C. (2015).Organization Theory and Design. Cincinnati OH: Cengage Learning US. Bull, J. W., Jobstvogt, N., Bhnke-Henrichs, A., Mascarenhas, A., Sitas, N., Baulcomb, C., Carter-Silk, E. (2016). Strengths, weaknesses, opportunities and threats: A SWOT analysis of the ecosystem services framework. Ecosystem services, 17, 99-111. Clegg, S. Bailey, J. (2007).International encyclopedia of organization studies. London: SAGE. Cummings, T. Worley, C. (2009).Organization development change. Australia Mason, OH: South-Western/Cengage Learning. Czinkota, M. R., Ronkainen, I. A. (2013). International marketing. Cengage Learning. Eva, M., Hindle, K., Paul, D., Rollaston, C., Tudor, D. (2014). Business analysis. BCS. Fatehi, K. (2008).Managing internationally : succeeding in a culturally diverse world. Los Angeles: Sage Publications. Feenstra, R. C. (2015). Advanced international trade: theory and evidence. Princeton university press. Fernandes, A. M., Freund, C., Pierola, M. D. (2016). Exporter behavior, country size and stage of development: Evidence from the exporter dynamics database. Journal of Development Economics, 119, 121-137. Hill, C. W., Jones, G. R., Schilling, M. A. (2014). Strategic management: theory: an integrated approach. Cengage Learning. Nas, T. F. (2016). Cost-benefit analysis: Theory and application. Lexington Books. Papadopoulos, N., Heslop, L. A. (2014). Product-country images: Impact and role in international marketing. Routledge. Pella, J. (2014).The Expansion of International Society : Surrendering the Savannah. Hoboken: Taylor and Francis. SP, (2017). Woolworths Limited SWOT Pestle Analysis: SWOT PESTLE. Retrieved from https://www.swotandpestle.com/woolworths-limited/ Tan, Q., Sousa, C. M. (2013). International marketing standardization. Management international review, 53(5), 711-739.