International Law Essay Example | Topics and Well Written Essays - 1750 words - 1

International Law - Essay Example Due to the increase in these multinational corporation cases, American courts employed the doctrine of forum non conveniens, as a shield to limit the increasing use of the American legal system by foreign plaintiffs. The argument behind all this is that the foreign victims tend to take advantage of the procedural and substantive law.2 As a result of global development and globalization of most business activities, the multinational corporations are discussed at an international platform. The globalization of these corporations as well as economic institutions in the world brings wider media coverage that even the very small accidents can be viewed by millions in the world. This keeps the whole world alert about the multinational corporations, which are best known to violate human rights. ... The reasons for the inclusion of the Alien Tort Statue in this Act were not very clear, but however its enactment was originally for the use against pirates, and to prevent the mistreatment of foreign ambassadors, but it was left inactive and forgotten until 1980 when it was rediscovered and put into use by lawyers.5 The Alien Tort Statute was first used in solving the Filartiga V. case. The plaintiffs were a Paraguayan father and daughter who brought a complaint with the help of human rights activists. They alleged that the defendant a former Paraguay police officer had tortured their brother and son to death. They won the case and were rewarded a significant monetary amount.6 Since the enactment of the Alien Tort Statue, a significant number of cases have been brought forth concerning human rights abuses committed abroad including claims against American corporations. The Alien Tort Statute has really helped to solve many cases. This statute has made it possible and easier for fore igners to bring civil cases in the United States district level courts, for crimes committed anywhere in the world by an individual, government, and corporations that violates the law of nations or treaty of the United States.7 The Alien Tort Statue also gained importance in kadic V, Karadizic. Karadizic expanded the capacity of human rights claims under Alien Tort Statute to cover private non-state actors who violated human rights. This means that, it was directly applied against corporate defendants and this indicated that American courts were, and are willing to consider claims based on violations of international human law against Multinational Corporations.8

Community of Practice Essay Example | Topics and Well Written Essays - 250 words

Community of Practice - Essay Example panics lack access to health care services because of low personal income, poor geographic access to health providers and cultural factors that focuses on traditional methods in terms of healthcare. In terms of using family and community resources there is a great link between schools and Hispanic families and the community in terms of using the available resources of computers in accessing various health information (Koton, 2001). Religion is considered as the most outstanding aspect of the Jewish community. Hypertension is most prevalent in the Jewish society. Religion is regarded as a major community and family stressors in the access of healthcare services in dealing with such disease such as diabetes that is common in the Jewish society. Despite the Jewish territory being endowed with various natural resources, the constant conflicts within the region has contributed to low level of access of health services. In addition, the conflicts have further led to lack of employment for the population resulting into poverty (Green,

Working with and Leading People Essay Example | Topics and Well Written Essays - 1500 words - 2

Working with and Leading People - Essay Example Since we worked as a team, the activities and assessments seemed to be much easier. The learning experience of working in a team is highly commendable because students have the opportunity to share ideas and to benefit from collaborative learning, assertions supported by Gallegos and Peeters (2011, p. 33). This paper will present an in-depth reflection on my experience of working in a team. From my experience, working in a team is highly beneficial as it promotes higher levels of efficiency because several individuals work on a task together and have the opportunity to combine their efforts. As identified by Hansen (2006, p. 16), the level of efficiency attained when working in a group is much higher than the efficiency resulting from a single individual. For example, we worked on a series of activities as a team, a factor that registered higher levels of efficiency. For example, we were able to complete the activities in a shorter time span compared to an individual working on the activities alone. Since the team members were willing to cooperate, we completed most of the activities in record time (Volkov & Volkov 2015, p. 269). I noted the difference in the quality of work produced, a factor, which is related to efficiency. Therefore, working in a team promotes efficiency in two different aspects. According to the skills identified by Hughes and Jones (2011, p. 60), a team can produce a higher quantity of work, which meets the expected quality. In terms of speed, the activities were completed in a short time because the group designated different roles and responsibilities for all the members of the team. Working in a team allowed students with different capacities and talents to work together. Therefore, it was possible to undertake a collaborative learning because we share ideas. The sharing of ideas between different members of the team was highly beneficial because each member learned new ideas. As

TQM IMPELEMENTION Essay Example | Topics and Well Written Essays - 750 words

TQM IMPELEMENTION - Essay Example The leaders rely on the assumption that punishment and reward modes are the most effective motivators at a work place. They actively engage in rewarding hardworking workers in a given organization without understanding the need of engaging in such activity (Edwards, 1994). Severe punishment measures introduced at the work place, for instance, in a given organization to curb the act of laziness, therefore, ensuring almost equal output in the organization. Such an assumption positively boasts the general outcome of the organization without the leader’s knowledge of it. The leaders engage in optimizing every process area in an organization, which leads to the optimization of the entire organization with time thus ensuring growth and stability in an organization. The managers or leaders, further, engage in the assumption that better results achieved by setting specific objectives within the organization. The set objectives within an organization foster stiff competition among work ers at the workplace to ensure the set objectives attained thus brings positive success in the organization. ... Further, competition as an assumption steps in because it is a necessary aspect in the day to day life. Managers who fail to accept that competition in a given organization cannot be avoided fail to effectively manage their organizations to the required standards. With this in place, the managers require a theory to act as a guide in order to realize the importance of quality management, as stated in the above assumptions, for the success of their organizations in the future market place. According to Edwards Deming theory of profound management, called the system of profound knowledge, the theory explores the current style of management undergoing revolution. It further explores the system of profound knowledge, which provides a map of theory to understand in details the organization we work for. The theory relates to the above discussion because it focuses on the transformation of an individual in a given organization in order to continuously teach other people, to become a good li stener, and help people to pull away from their current beliefs and practices. The Edwards Deming theory of system of profound knowledge directed to the leaders or managers in a given organization basing on the assumptions provided (Edwards, 1994). The profound knowledge appeals to managers or leaders appearing in four parts, such as in psychology, variation knowledge, system appreciation, and theory of knowledge practice. A manager needs to fully understand the four parts of the profound knowledge in order to fully apply in the process of transforming from the present Western management style to that of optimization. The four parts of the profound knowledge cannot be separated thus should work hand in hand for

Lifestyle choices of the Christian family Essay Example | Topics and Well Written Essays - 500 words

Lifestyle choices of the Christian family - Essay Example A parent should never assume the role of peer. Parents also need to communicate with children about basic facts such as choice of friends, and healthy activities to engage themselves in. The family should be a cohesive unit where communication flows both ways. Qualities such as love, honesty, tolerance should be enforced so that children will be free to communicate any misunderstandings or changes to family members. Another effective way of setting limits and communicating healthy lifestyle choices is in the examples set by parents. The old adage, ‘children live what they learn’ should not be taken lightly. It is easier and more practical for children in today’s society to abide by the rules and limits set out by the family when they realize that others are also living according to those rules and boundaries. The church community has a moral responsibility in providing support and limits in our current culture. The current culture tends to hold the church up to ridicule by indicating that their Christian ideas and values are archaic. To rise above this view the church needs to implement programs that will give support to families in different areas of their lives. There are many needs that the society is not able to satisfy adequately. The church community needs to be strong and purposeful and present themselves as a viable alternative in the mix of culture that exists in today’s society. They also need to have a welcoming atmosphere (Edgell, 2005). In spite of the media and other influences many persons still believe that the church has a major role. Although it would appear at times that the family is losing the battle as the strongest influence in their child’s lives, it is not as widespread and as damaging as it appears. Other institutions in the society such as schools and other civic clubs and organizations tend to work together with the family in influencing the

Taxation Law Essay Example | Topics and Well Written Essays - 2000 words

Taxation Law - Essay Example It is important to note that perpetual form of employment has some elements of a contractual type. This is because both parties have to agree on work done, how it is to be done, remuneration among other things. There are several factors that should be deeply looked at when determining whether one is an employee or is self-employed. Top among those factors is the Terms of Employment. It is important to analyse the substance of a contract rather than only look at its wording. In Ferguson v Dawson1 the judge found that workers would be self-employed only and would thus avoid deduction of income tax and insurance from their salaries. Plaintiff worked on the defendant’s building site. He argued that he was an employee when he suffered an injury and could recover damages for breach of statutory duties. The judge held that the actual nature of their relationship was that of an employer/employee and plaintiff could recover damages. It is essential that courts exercise their power in a keen way. This ensures that they cannot be abused when the plaintiff wishes to be compensated whilst he had readily chosen to be employed as an independent contractor in order to avoid tax. Sebastian is under no legal or contractual obligation to accept any of the projects offered and, therefore, no contract exists between him and Giga Systems Limited. Control is also a factor that should be considered in trying to make out the existence of the employer/employee relationship. In a typical master/servant relationship, the master has total control over the actions of his servant. Bramwell LJ in Yewenes v Noakes2 stated: The control can be seen in employment relationships where the employer exercises total control over the actions of his employee. It, therefore, emerges that such a relationship exists where an employer tells his employee what to do and how to do it. While the test may still be in use, it appears to be outdated. This is due to the simple reason that

BangChak and Esso Essay Example | Topics and Well Written Essays - 2000 words

BangChak and Esso - Essay Example Both companies have prepared their financial statements in accordance with Thai Financial Reporting Standards (Bangchak Annual Report 2013, 2014; Esso Annual Report 2013, 2014). Furthermore, the company’s disclosures are prepared using guidelines provided by the Federation of Accounting Professions and the Thai Securities Exchange Commission. Both companies prepare its financial statements on a consolidated basis. The company adopted changes in TFRS related to Income taxes, Foreign Currency Translation and Operating Segments for preparing its financial statements for the year 2013 (Bangchak Annual Report 2013, 2014; Esso Annual Report 2013, 2014). The company uses historical cost accounting method for recording values of its assets, and transactions. Interest bearing liabilities are recorded at their fair value. For assets/liabilities classes, where it is not possible to ascertain historical values the company uses judgments. The company calculated depreciation of its assets u sing a straight-line method over the useful lives of assets based on their costs less residual value, which are subject to scrutiny every year. In some asset classes, both companies recognize impairment in their value on the basis of their recoverable amounts. It also amortized capital leasehold rights on a straight-line method and recognized operating lease payments in the income statement. The accounting strategy of both companies seemed to be appropriate that is to provide true and fair financial information and supporting data.