The Externalizing Machine Essay Example for Free

The Externalizing Machine Essay In todays mostly capitalistic world people who are consumers think that they have power to decide what products to purchase; people who are stockholders are only interested in the profit; people who run corporations make that profit regardless of the price others have to pay; and people who live in developing countries work for 3c per hour making brand name cloths which then are sold for $20, $60, $100, $200, $500, making at the same time the corporations profit skyrocketing. It is widely known that there are sweatshops in developing countries, where people are treated like slaves but practically they are not slaves because they always can walk off the job. It is known that in such countries there is exploitation of child labor, but practically what can a citizen of other country do to help if they have enough their own problems. It is also known that work conditions in such factories are horrible, but what one can do if those companies offer lower prices. Is it fair towards society as a whole that some people are exploited so others can make skyrocketing profits? Is it fair that your TV was partially made by a 6-year-old child? Is it fair that the product you bought harms or even kills you or one of your family member? Is it fair if this does not happen to you but to some other people in some other countries? Is it fair that infants are given harmful baby-formula prohibited in developed countries? There are many questions that can be asked whether it is fair or not, but what happens if we interchanged the word fair with legal and instead we ask whether all those actions are legal or not, and who makes them legal or not. The author Joel Bakan of The Corporation tries to find an answer to those questions and tries to show what impact corporations actions may have on human beings and environment. Joel Bakan in his book brings up issues of sweatshops, environment pollution, externalities, government regulations, advertisement, and many others. He uses concepts of corporation as a psychopath and doom machine. By this Bakan means that corporations, in its pursuit of maximizing the profit at any cost, they destroy people, environment, and themselves at the same time. Even thought there are many important issues throughout the book my focus will be on chapter three Externalities. As the title of the chapter says the most important issue in it is externalities, the effect that corporations have on third parties. The author explains the concept of externalities and gives some examples; this chapter also focuses on the process of how corporations make decisions regarding the products safety, how they make decisions whether to improve products safety or not, or how they make decisions regarding the possible corporate options in the light of profit. The author used some concept and theories in this chapter so lets start with identifying and explaining them. First the concept of externalities. An externality is the effect of a transaction on a third party who has not consented to or played any role in carrying out of that transaction. ; the effect can be either good (creation of new jobs, lowering unemployment) or bad (pollution, diseases, deaths, etc). They literally mean other peoples problems. Whether or not exernalitie have good or bad impact they are only the result of pursuit to make higher profits, and are only the result of self-interest; furtheremore it does not matter for corporation whether the results of corporations decisions are good or bad externalities, as long as the profit raises. (pg60,61) Bakan uses the concept of doom machine (example of paper mill) to explain why corporations are successful in destroying world they operate in. The concept means that corporations dynamic does not take into account the concerns of flesh-and-blood human and that in our search for wealth and for prosperity, we create a thing thats going to destroy us (Monk pg71) The author also uses the concept of corporation as a pschopath which means that corporations are ego-centric, irresponsible or refuse to accept responsibility, have asocial tendencies, and they will do anything to satifsy their goal which is to maximize profit at all costs regardless what harm it may cause. The author assums that many, if not all, corporations make harmfull decisions that will eventually destroy the world, and at the same time will destroy the corporatins themselves. I think that Joel Bakans assmumptions are that all corporations do not care about the environment they operate in, that they would pollute everything to maximize profit, that the only guideline corporations use in making a decision is a cost-benefit analysis, and that eventhough corporations are made of individuals who would not want to harm other people together they would kill other people if it maximizes the profit. The author takes for granted that all corporations do not care, and that if they pretend they care, it is because they want to maximize the profit, and that if they comply with the law it is beause it would cost more not to obey the law, the author takes for granted that all decisions made by corporations are based solely on cost-benefit analysis not on ethical or moral codes or guidelines. The author assumes that corporations eventhought they are made up of individuals with ethical codes they do not use them in making decisions regarding profit. Therefore the author is asking why they make such decisions, why they only consider profits that can be made in near future but do not consider their future existance. The author asks how corporations make such decisions that in long run will destroy human beings, environment and corporations themselves. Joel Bakan is asking why people as a corporation harm other people and themselves. As an example, the author gives Monks story. (Monk is one of Americas most important and influential businessmen, he worries about what is going on in modern corporations. ) Monk was staying in a motel in a small town. He was shocked when he discovered that paper mill is polluting the river in that town. Monks says that he knew everyone there, the mayor, the mill employees and owners, and he also knew that no one wanted the river to be polluted and yet it was being polluted every night. (pg71) Therefore, why if no one wanted it to be polluted they were still polluting it? The question is why corporations make such decisions that harm other human beings. If there is no person in a given corporation who would want to harm others, why as a corporation they not only harm people but even kill them. What is the difference between murdering someone by using a firearm or a knife and murdering someone by letting him drive unsafe vehicle or drink polluted water or eat poisoned food. Who assigns the difference and who lets those murders happen everyday around the world. The question is why corporations are not prevented from doing harm, and why they decide to harm others in the first place. To back up the issues raised in The corporation Joel Bakan uses a lot of data, information, and facts regarding corporations and the legal breaches that they did. Two most important informations include data used by GM in calculation of cost-benefit analysis of improving products safety; and General Electrics major legal breaches including many contaminations of the environment and the amount that they had to pay between 1990 and 2001 for those legal breaches. GM in deciding whether to improve cars safety calculated how much it would cost them. Therefore they calculated how many accidents would happen on US highways, how many fatalities it would cause, and how much it would cost the company in lawsuits and other expenditures, mainly meaning the cost of a fatality. The calculation was as follows: 500fatalities x 200,000 per fatality / 41,000,000 = $2. 4 per automobile. To make the car safer, it would cost company $8. 59 per car. Therefore, it was cheaper not to improve vehicles because GM would save $6. 19 per car in production. Armstrong and her children, that had second- and third degree burns resulting from a rear-end accident in 1993 due to the fire caused by unsafe positioning of the gas tank in GM Malibu, were awarded $1. 2 billion. (pg63) Two significant orders for GE to pay was i 2 billion for asbestos cleanup and related pollution, and $95 million in damages for contamination from dumping of industrial chemicals. (pg75-78) The total GE had to pay for contamination of the environment alone, between 1990 and 2001 was approximatelly $3 000 106 million (over $3 billion); total for violations of safety rules at nuclear fuel plant, for design flow in nuclear plants, for illegal sal of fighter jets, and for overcharging on defense contracts was $300 million. GE was also ordered 14 times to clean up contamination of drinking water (ground water, river, water supply) and soil. The assumptin is that General Electric makes huge amounts of profit, because GE is able to exist on the market even though it was ordered to pay over $3 billion puls the cost of cleaning up contamination. The broader assumption, based on GE example, is that corporations make huge amounts of profit at the cost of environment and human lives and they continue to do so even though they are ordered to pay millions or billions of dollars in fines. Given the information regarding corporations actions and the impact they have on developing countries, on societies, on environment we all live in, and on individuals, who should care the most and why should we care at all. Joel Bakan is trying to make the reader think about the reality we live in, about what is really going on in the world, about bigger picture than only ones family, job, or friends. I think that in Joel Bakans opinion everyone should care about what he says, everyone should care aout future generations, and future of this planet, therefore everyone should take an action in order to make this world a better place. If we take his line of reasoning and accept his arguments it would mean that we should stand against the big corporations and their exploitation of people and environment. We should not agree with their actions and should do something to stop those big corporations destroying the world. We as people and customers have lots of power, however we are lazy to use our collective power to stop those corporations in their harming actions, instead we prefer to pay less for products eventhough we know that those products were made by child labouer. If we agree with Bakans arguments it means that we say no to corporations and to their exloitation of people and environment not to business in itslef, we do not stand against the business but against those corporations that are overtaking the world.

Change Management Essay -- Sustainable Development, Corporate Sustaina

This assignment will discuss the response of the Canadian business market to the force of sustainability. Sustainability includes both sustainable development and corporate sustainability. When sustainable development and corporate sustainability are valued in a company, it aligns the views of various stakeholders, which can lead to financial success. In the past, sustainability was not valued, mainly because of a lack of knowledge and an aversion to the costs of sustainability reporting. However, with increased consumer awareness and the promotion of environmental and social value, more companies are moving towards a state of sustainability. In Canada there has been some adoption of sustainable development. Regulating bodies and third party evaluators have implemented systems to promote a triple bottom line in corporations. TELUS Corporation is an example of a company that is focused on sustainable development. Their vision, policies, and practices all display the company’s s upport for the community, the environment, and the shareholders. While there are still barriers to the adoption of sustainable practices, the market will naturally shift towards a state of corporate sustainability through sustainable development. Assignment #1 Introduction In the business world, there are four forces of change. These are innovation, customer focus, globalization, and sustainability. Innovation involves technological and non-technological advances that create new value for a company. Customer focus entails directing an organization’s efforts towards increasing the value given to customers as opposed to the value kept in the organization. Globalization has lead to integrated markets and has exposed businesses to new risks, such as pol... ...). Conclusion It is evident that sustainability is becoming a strong force in the business world. Environmental issues, such as greenhouse gas emissions, and corporate social responsibility are becoming increasingly important to internal and external stakeholders. Companies can no longer focus solely on financial measures, but must incorporate the triple bottom line into their performance metrics. This will give a company a long-term focus that supports future growth and profitability through sustainable development. Adoption of sustainable initiatives is varied in the market. While companies such as TELUS Corporation can be labeled as a sustaining corporation, others remain in a state of non-responsiveness or compliance due mainly to costs. However, as environmental and social awareness increases, the market will naturally progress towards a sustainable state.

Australian Aborigines and Their Complex Kinship Essay

Aborigines have a complex system in relation to their social and marriage laws, based on the grouping of people within their society. To understand the complexities of their social organization, consider it this way: divide it first into three main parts. The first part is the physical structuring of society in terms of numbers – family, horde and tribe. Second, the religious structuring based on beliefs and customs, totems and marriage laws. (Kinship, 2005) These beliefs divide people into sections and subsections, totemic groups and clans. Third, there is also a kinship system that gives a social structuring. The social structuring and kinship system can become very difficult to understand for non-Aboriginal people, but is a natural part of life for Aborigines, and its details vary from tribe to tribe. There are three main aspects of Aboriginal social structure. The first aspect is the geographical structuring of the society. A tribe of around 500 people is made up of bands of about ten to twenty people each. (Australian, 2012) They join together for day to day hunting and food gathering activities. Each band of people can be called a horde. Within each horde are a number of families. The second part is the religious and totemic structuring of the society. On a religious level the society in much of Australia is divided into two moieties. Within each moiety are significant animals, plants, or places, which are of a highly religious nature. Each person, as well as belonging to one or the other moiety, is also connected to one or more of these subjects, called totems. The third part of their social structuring is the relationships between people, otherwise the kinship system. The kinship system allows each person in Aboriginal society to be named in relation to one another. When Aborigines acknowledge an outsider into their group, they have to name that person in relation to themselves, to allow that person to fit into their society, because they need to have in their own minds the kinship relation of that person to themselves, and that person must have a defined social position. The value of a kinship system is that it structures people’s relationships, responsibilities and manners towards each other. This in turn defines such matters as, who they will have look after children if a parent dies, who can marry whom, who is accountable for another person’s debts and who will care for the sick, weak and old. The kinship system allows individual naming for up to 70 connection terms in some tribes. (Australian, 2012) It is the system where brothers of one’s father are also called, in one sense, father. Cousins may be called brother or sister. A person knows who their real mother and father are, but under kinship laws, they may have similar family obligations to their aunts and uncles, the same as they would to their mother and father, and this is shared. These groups are further described as tribes. In Australia, tribes are really language groups, made up of people sharing the same language, customs, and general laws. The people of a tribe share a common bond and in their own language, their word for man is often the word used for the name of the tribe. For example, in Arnhem Land, people are called Yolgnu because Yolgnu name for man. People from another tribe are outsiders, because a tribe is like a small country with its own language, some tribal groups also use the term nation to describe themselves, such as the Larrakeyah tribe around Darwin calling itself the Larrakeyah Nation. (Kinship, 2005) Tribes were generally not a war- making group and people generally use their moiety or clan name to describe themselves individually, rather than their tribal name. There were an estimated 500 Aboriginal tribes in Australia at the time of European settlement. Out of all of those tribes about 400 of them are still together. (Australian, 2012) Throughout Australia the moiety system divides all the members of a tribe into two groups. These two groups are based on a connection with certain animals, plants, or other pieces of their environment. (Kinship, 2005) When a person is born into one or the other group it does not change throughout their life. A person belonging to one moiety has to marry a person of the opposite moiety. This is called an exogamous system, meaning that marriage has to be external to the group. The clan is an important unit in Aboriginal society, having its own name, territory and is the land-owning unit. A clan is a group of about forty to fifty people with a common territory and totems and having their own group name. (Kinship, 2005) It consists of groups of extended families. Usually, men born into the clan remain in the clan territory. Not all members of a clan live on the clan territory. The sisters and daughters of one clan go to live on their husbands’ clan territory. A horde is an economic group that consists of a number of families who band together for hunting and food gathering activities. (Kinship, 2005) A horde is not a distinct group in the minds of Aborigines. Different members of these groups may be contained within the horde. At the main camp, the horde separates into family groups who each have their own camp fire and cook and eat separately. A family group can be quite large, consisting of a man and his wives, the children from each wife, and sometimes his parents or in-laws. A man often has from two to four wives, ranging from one to more than ten. Today, most men have just one wife. Aboriginal custom all over Australia bans a person from talking directly to their mother in law. This rule applies to both men and women talking to their mother in law. (Kinship, 2005) To allow this rule to work, communication took place by using a third person. When food was divided and shared around campfires, a mother in law had a small fire of her own separate to her son in law or daughter in law and their spouse. Her own daughter or son would chat and bring over some of the meat, or perhaps a grandchild would sit with her and act as messenger between herself and her daughter or son’s partner. This is completely different from my own society. A man having more than one wife is frowned upon, we do not need to name a person to welcome them into our lives and we can certainly speak with our mother in laws. Our society is not as strict as that of the Aboriginal when referring to our kinship. Our kinship does not affect behaviors in my own life. I do not need to hunt, garden or eat with other people. References â€Å"Australian Aborigine†. Encyclop? dia Britannica. Encyclop? dia Britannica Online. Encyclop? dia Britannica Inc. , 2012. Web. 11 Jun. 2012 . â€Å"Kinship and Skin Names†. Central Land Council. Central Land Council Inc. ,2005 http://www. clc. org. au/articles/info/aboriginal-kinship.

The Theme of Heritage in Everyday Use Essay - 559 Words

Readers of Alice Walkers, Everyday Use, discusses how the narrator realizes that Maggie understands her own heritage. What does the narrator mean when she says, Just like when Im in church and the spirit of God touches me and I get happy and shout? Does the narrator do something amazing that she has not done before? Some readers opine that the narrator knows what it really feels like to have family. Others say that the narrator recognizes the importance of giving. However, both these readings are not with the point. The narrator realizes that Maggie should have the quilts because they embody her heritage. The title, Everyday Use, has a specific meaning that lashes on to the story. When the narrator, Walker†¦show more content†¦During an evening after dinner, while Wangero rummages through Walkers trunk, she finds two quilts. The quilts that Wangero holds were sewn by Grandma Dee. The quilts each symbolize Maggies heritage. For instance, One quilt is the Lone Star Pattern. The other is Walk Around the Mountain. In both of them are scraps of dresses Grandma Dee wore fifty and more years ago. Another one has bits and pieces of Grandpa Jarrells Paisley shirts. And one teeny faded blue piece, about the size of a penny matchbox, that is from Grandpa Ezras uniform that he wore in the Civil War (125). The general meaning of heritage is the characteristics and traits of a family passed from one generation to the next. In this case, the quilts are being passed down from Grandma Dee and Grandpa Ezra to Walker. But now the question is, who will the quilts pass down to next? Just right after the controversy, Wangero is unsure about if Maggie should have the quilts because Maggie knows how to sew. Wangero says, You just will not understand. The point is these quilts, these quilts! (126). Wangero is attempting to explain to Walker that the quilts have sentimental value. In her own mind, Walker questions Wangero, what would she do with the quilts? Wangeros response is that she would display the quilts. Wangero looks over at Maggie and contemplates about the quilts which she holds in her hands and says, Mama, she can have them, like somebodyShow MoreRelatedTheme of Heritage in Walkers Everyday Use Essay1498 Words   |  6 Pages and disparities between the quality of education affect peoples’ perception of heritage. Everyday Use by Alice Walker was an inspiring story of family and heritage. Simplicity against complexity. The old ways and the new ways. It was about people fighting for change and other people who were content with the way things were. The story takes place in the 60’s orRead MoreHeritage, a Theme in Alice Walker ´s Everyday Use652 Words   |  3 PagesAlice Walker sets Everyday Use as a story of a mother and two daughters where the older daughter, Dee, is coming home to visit them after being away for a while. Walker sets the tone of the story by displaying how poor and uneducated the family is and how Dee while growing up was always looking for better things never appreciating the aspects of her life. As the story develops, the focus of the story is on a set of quilts made by the mother from pieces of clothing that belonged to her grandparentsRead MoreSame Theme, Different Development in of Virginia Woolf and Alice Walker’s The Legacy and Everyday Use690 Words   |  3 PagesWalker’s The Legacy and Everyday Use, both of them have the common that is the theme of the story carries â€Å"the heritage† issue but the focus of it is different. I n The Legacy, the focus of the heritage was a relic diary of Angela for her husband. Implicitly, we can conclude that the heritage was meant to be recognition of Angela to her husband. While the focus in Everyday Use, the focus of the heritage was the quilts, and in the final story we could see the truth meaning of heritage it can be concludedRead MoreCharacter Uses In Alice Walkers Everyday Use1095 Words   |  5 Pages The short story â€Å"Everyday Use† by Alice Walker begins with the narrator, Mama, and her daughter, Maggie, sitting in the yard that they both prepared and cleaned the day before. They were waiting for Dee, the oldest daughter, that is returning from college in Augusta after seven years of education. Maggie is going to be nervous for as long as Dee stays because of the scars and burns marks she got from the fire in their previous house. Maggie thinks that Dee has a much easier life than herRead MoreEssay on The Importance of Heritage in Everyday U se829 Words   |  4 PagesIn â€Å"Everyday Use † by Alice Walker the exact setting is never revealed and therefore, can only be guessed, but it has been guessed that the story takes place on a country side in Georgia. At one point in the story Augusta is mentioned. The time is also estimated to be during the Civil Rights Movement around the year of 1973. Mrs. Johnson, along with her two daughters, reside in a small three room house, and take pride in there small yard. As Maggie and Dee grow older they start to realize howRead MoreEveryday Use By Alice Walker852 Words   |  4 PagesHeritage is defined as something that comes or belongs to one by reason of birth. In â€Å"Everyday Use†, by Alice Walker, the theme of the story can be considered as the meaning of heritage or even the power of education. Alice Walker uses many symbols and motifs such as the following: quilts, education, knowledge, Asalamalakim, and the renaming of Dee. In the story, African heritag e and knowledge takes a major role. The African heritage plays a major role in the story, â€Å"Everyday Use†. Alice WalkerRead More Essay on Appearance vs Reality in Everyday Use and The Gilded Six-Bits1200 Words   |  5 PagesNeale Hurstons Everyday Use and The Gilded Six-Bits  Ã‚     Ã‚  Ã‚   In The Gilded Six-Bits it appears that Otis D. Slemmons, the towns newest arrival, is rich, but by closer inspection by Joe Banks and Missie May, is found to be poor.   In Everyday Use, Maggie doesnt appear to be smart enough to honor and appreciate her heritage, but she and not Dee/Wangero is really preserving the family traditions as well as heritage.   Both The Gilded Six-Bits by Zora Neale Hurston and Everyday Use by Alice WalkerRead MoreEveryday Use - the Gift of Family945 Words   |  4 Pages Everyday Use is a short story that teaches a value lesson of heritage, inheritance, the past, and one’s family. For some the lesson maybe perceived as an illustration to develop the natural instinct of valuing our family and our past as objects of everyday use. However, the lesson that Alice Walker conveys to her readers is to understand that the value of heritage is within the eye of the beholder. Within this paper I will explain the strategies; I think the writer uses to convey particularRead MoreThe Meaning of Everyday Use with Characterization1495 Words   |  6 Pagesof Everyday Use with Characterization Analyzing characterization is the key to find fictions controlling idea and central insight--theme. Direct presentation--one character description technique--usually directly shows what characters are like by exposition, analysis, or another characters description. The other way to shape characters is to use the indirect presentation by describing their actions and leaving room for readers to develop their own ideas about the characters. Everyday UseRead MoreStory of an Hour, Everday Use, the Storm963 Words   |  4 PagesKristin Smith 8 November 2009 The theme of a story is whatever general idea or insight the entire story reveals (Kennedy and Goia). In â€Å"The Story of an Hour†, by Kate Chopin, the theme is repression and freedom. In â€Å"Everyday Use† by Alice Walker, the theme of the story is being proud of your heritage or your background. In â€Å"The Storm†, by Kate Chopin, the theme is finding happiness or comfort in other things. In â€Å"The Story of an Hour†, the main character Mrs. Mallard, gets news that

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The Impact Of Social Media On Employee Performance

The following annotated bibliography with the use of six peer-reviewed articles outlines the impact social media has had on business and management communication. Social media has changed so much for the world; it has connected people from all over with the click of a button. Even though social media has been a game-changer for many businesses and a vital tool for communication, it has brought along of negative outcomes. The articles I have researched demonstrate both pros and cons for the use of social media in the work and give supporting facts from their standpoint. Social media has helped many companies market their brand to a larger crowd, made communication more fluent and direct but because social media is widely used companies have†¦show more content†¦Aguenza, B. B., Al-kassem, A., Mat Som, A. (2012). Social Media and Productivity in the Workplace: Challenges and Constraints. Interdisciplinary Journal of Research in Business , 2 (2), 22-26. The aim of this article was to study the relevance of social media in correlation to employee productivity and discuss the significance, challenges, and limits of social media in the workplace (Aguenza, B. B., Al-kassem, A., Mat Som, A. (2012). The authors acknowledge that previous studies found that the use of social media has a constructive impact on employee productivity, two-way communication and effective collaboration (Aguenza, B. B., Al-kassem, A., Mat Som, A. (2012). However, other studies found the opposite as they found it difficult to find a correlation between productivity and social media. In conclusion, social media is a pathway for partnership and knowledge sharing among all kinds of individuals, which can lead to increase or decrease productivity. Though some organizations want to ignore this new way of interaction, they should instead focus on guidelines and strategies regarding social media. As the article states (2012), â€Å"by doing so management can take adva ntage of the benefits offered by these new communication channels while mitigating undue risk† (p.26). Hearing, G. A., Ussery, B. C. (2012). The Times They Are a Changin : The Impact of TechnologyShow MoreRelatedSocial Media And The Workplace1599 Words   |  7 Pages How social media affects employee sentiments and interactions in the workplace Amber McCravy The University of North Carolina at Charlotte This literature review will be focusing on the interactions of social media and employment. It will discuss the scientific findings of how communications processes in the workplace are affected by social media. In this paper, we will show: (a) There is a negative correlation between organizations that allow their employeesRead MoreResearch Report On Employees Productivity Essay891 Words   |  4 Pagesimplications in the employee productivity. Usually the problem is that the employee does not want to miss work, but because of this condition, employees tend to cause productivity loss (due to sickness /medical condition). Managers should handle this problem in a way that does not affect other employees (Productivity and working environment- to make sure that the other will not be affected by employee’s medical condition). The dilemma is to determine what the right approach is. On one hand, employee does notRead MoreThe Performance Measurement Of Facebook1706 Words   |  7 Pa gesFacebook is a social networking website that is designed to connect people across the world. Anyone over the age of 13 with an email account could join Facebook. There are many features on Facebook such, games, groups, picture gallery, video, and much more. Facebook is a multi-billion dollar public trade company. This project will address the performance measurement perspective of Facebook, for the purpose of, evaluating and analyzing external and internal day to day operations (Forbes, 2014).Read MoreCorrelation Between Safety Needs And Motivation789 Words   |  4 Pagesaddress the possible implications for the psychological well-being of others. There are several strategies that can be used to positively address the possible implications for the psychological well-being of others. Employee engagement is an imperative strategy. It involves employee and managerial engagement, so the employees feel like the management supports them. The church should seek to gather input for the employees on a regular basis. When leaders are getting input form the employees, everyoneRead MoreCoca Cola Ethics Case Essay example1478 Words   |  6 Pages1 amp; 2 were answered. The Coca-Cola Company Struggles with Ethical Crises- A Case Analysis The Coca-Cola Company Struggles with Ethical Crises- A Case Analysis Part I What role does corporate reputation play within organizational performance and social responsibility? Develop a list of factors or characteristics that different stakeholders may use in assessing corporate reputation. Are these factors consistent across stakeholders? Why or why not? Corporate reputation can be taken as completeRead MoreSocial Media Accounts Of Employees Research Paper1320 Words   |  6 PagesAlmost everyone in developed countries, during this day and age, has social media accounts. There are many platforms of social media including but not limited to: facebook, twitter, instagram, snapchat, myspace, linkedin, etc†¦ And there are many reasons for using these social media platforms such as: keeping contact with old friends and distant relatives, meeting new people and sharing life experiences with people around the globe, or stalking that cute girl at work but never making contact. AmongRead MoreEvolving Future of Human Resource Management Essay953 Words   |  4 Pagesresource practice Research Analysis Paper As newer generations begin to fill management roles at companies, evolving HR practices are positioning HR professionals on the pulse of industry trends–helping them to focus on the idea that employee performance is part of an ongoing evaluation. This evaluation, many experts argue, should be focused on the future and on inspiring people towards demonstrating new ways of attaining goals set by the company. HR consultants around the world are comingRead MoreThe Importance Of Privacy On The Job Is Almost Nonexistent1583 Words   |  7 Pagesbetween employee personal and professional live is shrinking. More and more companies are keeping track of not only their employee’s professional life, but also their employee’s personal life. We all agree that companies have a responsibility to provide a safe, secure, comfortable, and productive work environment. In order to achieve this, and with the law on their side, companies has crossed the privacy line between employee’s personal and professional life. With the increasing use of social mediaRead MoreSpending Time With Your Employees On Career Development Essay1679 Words   |  7 Pagesinteraction between an employee and the management. However, when employees add more time to the six hours a week, there are diminishing returns regarding the motivation, engagement, and inspiration. Therefore, while the leaders spend time with them, they must ensure that they do not overdo it. During the interactions, the employees communicate with their leaders. It can take place through social media, texting, face-to-face, video conferencing, calls, emails, or through other media. The fact is thatRead MoreThe Impact Of Social Media On The Workplace1108 Words   |  5 PagesSocial media is becoming an increasingly common feature of†¨the world of work and this trend looks set to continue. This application of communication technology or computer mediated tools have developed rapidly in our lives. Survey such as that conducted by CIPD (2013) have shown that while only a quarter of UK employees use it in their professional lives, this increases to 42% among employees aged 18–24. The innovative operation mode of social media has not only successfully drawn the attention of

Law Of International Business Australasia -Myassignmenthelp.Com

Question: Discuss About The Law Of International Business Australasia? Answer: Introduction In the United Nations Convention on Contracts for the International Sale of Goods (CISG), there are quite vast differences. Based on the pretence of solving these differentiations, CISG attempted to reconcile civil law, common law, and the socialist legal system with the advent of comprehensive international sales law. Particularly in the US, variances have been found in the adherence of the interpretative principle by the federal courts. There have been a number of expositions of CISG and this discussion presents a recent example of this (Perea, 2008). The case of Treibacher Industrie, A.G. v. Allegheny Technologies, Inc (12 September 2006) No 05-13995 US Court of Appeals (11th Circuit) was a leading case in which the court decided that the disputed term in the contract had to be constructed on the basis of the seven year course of dealings in between the parties (Gillette Walt, 2016). This was to be based on article 9(1) of the CISG, instead of going as per the customary usage whi ch was prevalent in the industry based on article 9(2) of CISG (Burnett and Bath, 2009). In the following parts, a summary of this case has been presented, where the arguments presented by the parties and the decision given by the court have been elucidated. Background of the case In this matter, a United States buyer located in Alabama (TDY Industries, Inc) and an Australian supplier (Treibacher) got in a range of contracts for the purpose of chemical compound being purchased for the consignment. Each of the contracts covered this compounds amount, which had to be delivered by the supplier to the buyer. For each and every contract which preceded the contract which was in dispute, the buyer had bought the compound delivered by the supplier in entirety (Andersen Zeller, 2010). At one of the instances, the buyer had desisted from the attempt of returning the compound which had not been used. During the time period of the two contracts in dispute, the buyer had notified the supplier that they would not be taking any additional delivery of this compound. They also stated that they would not be paying any sum for this compound; this was the compound which had been delivered but which had not been utilized. The buyer had actually gotten a less expensive source for the very same compound, and this fact was not known to the supplier (United Nations Commission on International Trade Law, 2008). The supplier had discovered a substitute buying party for this compound, which particularly offered at lower costs. The supplier then initiated a case against the buyer for the recovery of amount which the buyer should have had paid where they had taken the delivery of all the power which was indicated in the contracts (Unilex, 2006). On the motion of the seller for summary judgement, the claims of the buyer were isolated by the district court from the complaint and a motion was granted on all counts, save for Counts I and VI. Following a bench trial, the court provided the supplier with the judgements on these two counts and awarded them $5,327,042.85 (Pace Law School, 2009). Side of Party (Buyer- TDY) The buyer, i.e., TDY disagreed and presented before the bench trial that the very meaning of consignment here was an issue of dispute. In this regard, the buyer introduced certain experts from the metal industry for the purpose of testifying that he term consignment, based on the common usage of this term in the trade, depicted that no sale had taken place till the time the buyer actually made use of the compound. The buyer also disagreed with the meaning given to this term. The supplier had brought evidence of the previous dealings of the parties to depict that in the course of dealings during the seven year period, the parties understood this term as meaning that the buyer was under the legal duty for paying for all the compound which had been stated in the contract, but that the seller would delay billing for the buyer till they actually made used to it. Based on the CISG, the district court had ruled that evidence of parties for the interpretation of term in course of dealing ove rweighed the evidence of customary usage of this term in the industry. This led to the judgement being given against the buyer, which was thus appealed by the buyer (Pace Law School, 2009). As per the buyer, based on the CISG, the contractual term had to be constructed based on the customary use of the same in the industry, till the parties expressly agreed to any other use. It was also argued by the buyer where the alternative is seen, it becomes clear that the district court had erred in finding that the buyer and seller during their course of dealings had deemed this term to require the buyer to use and pay for the compound specified in the contract. It was also contended by the buyer that where the ruling given by the district court was upheld, where it is stated that the buyer would be contravening their contract with the seller, there was a need for remanding the case for new trial on damages. This was based on the notion that the district court had found erroneously that the supplier had reasonably mitigated their damages (Pace Law School, 2009). Decision of the Court The court heard all the parties and also reviewed the legal conclusion of the district court de novo and the factual findings for clear error. Reference was made to Newell v. Prudential Ins. Co., 904 F.2d 644, 649 (11th Cir.1990), and the Court of Appeals held that the district court had taken the proper construction of the contract based on CISG, based on the course of dealings of the parties. They further stated that the district court did not commit any error in their findings regarding the understanding of the parties to require the buyer to use the entire compound which had been specified in the contracts. With regards to the issue of mitigation of damages, it was reviewed for clear error based on the case of Bunge Corp. v. Freeport Marine Repair, Inc., 240 F.3d 919, 923 (11th Cir.2001). This led to the Court of Appeals stating that the evidence before the district court was in support of their finding that the mitigation efforts of the supplier had been reasonable based on the situation present. This led to the court of appeal affirming the judgement given by the district court (Pace Law School, 2009). Reasoning for this decision The court started their analysis by carrying a discussion on the CISG which governed the creation of and the duties and rights based on the contracts meant for the purpose of international sale of goods. In this regard, articles of the CISG had to be discussed, particularly article 8 and 9. In making the argument that the customary term usage took precedence over the understanding of parties of the term in the course of dealings, the buyer seized on the language covered under Article 9(2). It was contended by the buyer that this article had to be read to mean that till the time the contracting parties expressly agreed to the terms meaning there is an applicability of customary trade. Supporting this argument, the buyer also presented that the language of subsection 1 of this section. In their view, the drafting parties of CISG, through the separation of particular phrases, had intended to put the word agreed in this article, to give the meaning to the express agreement, in place of t he tacit agreement for the course of conduct. Based on this application of the language of CISGs article 9(2), the buyer contended that the contractual terms had to be interpreted, where the express agreement regarding the usage was absent, based on the customary use, in place of the use which had been established in between the parties though the conduct (Pace Law School, 2009). The construction of the buyer of this article resulted in article 8(3) becoming superfluous and also resulted in the latter part covered in article 9(1) becoming null. Where there was an absence of express agreement as to the meaning of the term, the parties would be bounded by the customary usage of term, even where it was shown a contrary use in the daily dealings. This led to the rejection of the interpretation of the buyer of article 9(2) and agreed with the district court adopting a reading which gave force to the two articles based on Cf. Gonzalez v. McNary, 980 F.2d 1418, 1420 (11th Cir.1993) (Pace Law School, 2009). The Court of Appeals therefore stated that the district court had not made any error in finding that in their feelings, the term consignment required the buyer to accept and also pay for the compound, irrespective of the use or non use of this compound. The transactions executed during the period of 1993 to 2000 were not disputed between the parties, and these very transactions were a proof of the consignment to mean this way. In each of these cases, the buyer discussed their needs with the seller, which led to a contract being executed between the two in which the buyer agreed to sell fix quantity of materials based on a fixed price for the delivery to the consignment. The seller would then deliver to the buyer the specified quantity of materials in the contracts (Pace Law School, 2009). A specific incident referred to in this regard was the one which took place in February 2000 in which the employee of the buyer had sent an email to their counterpart of the seller where the buyer expressed their desire of returning the unused portions of an element which had been delivered by the seller. The employee of the seller called up the employee of the buyer in response and also explained that the buyer could not return the element due to the buyer being under a contractual obligation to purchase the material. The seller had delivered this element as a part of this element which was the obligation of the seller to provide to the buyer based on the December 1999 construed contract. The employee of the buyer told the counterpart of the seller that the buyer would keep this element. As a result of this, this element was used by the buyer and a use report of this usage was sent to the seller and for this an invoice was sent by the seller to the buyer, which had been paid by the buyer. This very interaction was seen as an evidence of the buyer and sellers interpretation of the contract, in addition to the practice of buyer in between the seven year period for use and payment of the entire component. This supported the findings of the district court in their dealings and constructed the contracts where the buyer was required to make use of, and pay for the entire lot of the component based on each contract (Pace Law School, 2009). Conclusion Thus, the previous segments attained the objective of this discussion, as a thorough and effective summary of the selected case was presented. In doing so, the discussion went back to trace the origins and the backgrounds of the incidents which took place, followed by the contentions made by the buyer as a party of this case. Once this was done, the decision given by the different courts and most importantly the one given by Court of Appeals was elucidated. This case had a dispute being raised by the buyer and seller where the decision was given in favour of the seller by the district court, and later on when the buyer had appealed against this decision, the ruling was again given in favour of the seller but this time by the Court of Appeals. This case provides a good lesson on the interpretation of the articles of CISG by the federal courts of US, where the matter is decided based on the facts of the case, instead of adopting a blind application of the pertinent articles. References Andersen, C.B., Zeller, B. (2010). Practitioner's Guide to the CISG. New York: Juris Publishing, Inc. Burnett, R., and Bath, V. (2009) Law of International Business in Australasia. Annandale, NSW: Federation Press. Gillette, C.P., Walt, S.D. (2016). The UN Convention on Contracts for the International Sale of Goods: Theory and Practice. Cambridge: Cambridge University Press. Pace Law School. (2009). CISG Case Presentation. Retrieved from: https://cisgw3.law.pace.edu/cases/060912u1.html Perea, T. (2008) Treibacher Industrie, A.G. v. Allegheny Technologies, Inc.: A Perspective on the Lacluster Implementation of the CISG by American Courts. Pace International Law Review, 20(1), pp. 191-23. Unilex. (2006). Treibacher Industrie, A.G. v. Allegheny Technologies, Inc. Retrieved from: https://www.unilex.info/case.cfm?pid=1do=caseid=1136step=Abstract United Nations Commission on International Trade Law. (2008). Case Law on UNCITRAL Texts. Retrieved from: https://documents-dds-ny.un.org/doc/UNDOC/GEN/V08/530/94/PDF/V0853094.pdf?OpenElement