Monday, September 16, 2019
Situation Go Fast is a motorcycle manufacturer in the southern United States. Though sales have been steady, profits have declined because of increasing operational costs. The Board of Directors felt a fresh look at the operations side was needed. They developed a 5-year plan to increase operating efficiency and set out to find someone to lead the effort. Four months ago, GO FAST found what they saw as Ã¢â¬Å"the personÃ¢â¬ to be the new operations director and develop a new operational plan to reduce costs. Jill Jones had an outstanding reputation as operations director for a manufacturer of a closely related product. While she was located in a different state and was happy with her current job and lifestyle, she found the 5-year plan exciting. Besides, the offer was too tempting to refuse. Jill was offered the position, including a substantial increase in salary and benefits. She accepted the job, sold her home, and purchased a home near her new job. Her husband runs an in-home business and her children had adapted well to the new community and schools. She did not have a written contract, but was promised a great future with GO FAST and was given a salary of $90,000 per year. With the economic downturn, sales for this past year were the lowest in five years. The company needs to make drastic cost reductions or it could face bankruptcy. All senior managers agreed to a 25% pay cut. Several other high-paid positions will be eliminated. Among them is Jill JonesÃ¢â¬â¢ operations director position. Published by DECA Related Materials. Copyright Ã © by DECA Inc. No part of this publication may be reproduced for resale without written permission from the publisher. Printed in the United States of America. YOUR CHALLENGE The CFO has been asked by the board of directors to investigate GO FASTÃ¢â¬â¢S obligation to Jill Jones. You have been assigned the task of doing research. The board of directors assumes their agreement with Mrs. Jones is Ã¢â¬Å"terminable-at-willÃ¢â¬ based on the law in the state, and therefore GO FAST has no obligation to her. You will prepare recommendations to be presented to the chief financial officer (CFO). Since the decision is ultimately up to the CFO, your presentation should include, at a minimum: 1. How you expect Jill would react to the boardÃ¢â¬â¢s hard-line approach. 2. Possible ways to deal with Mrs. JonesÃ¢â¬â¢ situation, including the positives and negatives of each. 3. Of these, you are to advise the CFO on the best course of action, and how to present it to Jill. While the financial challenges of the company are not a secret, Jill does not yet know that her position has been targeted for elimination. Your presentation to the CFO will begin in one hour. As part of your research you have pulled a copy of The Fair Debt Collections Practices Act, as well as cases related to this issue (see reference information provided). The information in THIS section is the result of research done specifically for this case situation, and has been given to you to help you prepare your recommendations within the allotted time. The judges will also receive this information, in addition to the Case Study Situation and Your Challenge as presented. BACKGROUND INFORMATION The following information provides background related to this situation. State Employment Law Under state law, employment generally is considered to be at will, terminable by either party at any time. This means that an employer may terminate an employee with or without just cause, in the absence of an agreement limiting the employeeÃ¢â¬â¢s discharge to just cause or specifying the term of the employment. Even where an employer makes assurances seeming to mean job permanence, such assurances are generally considered mere statements of policy indicating only at-will employment. However, state courts have also held that employee personnel manual provisions, if they meet the requirements for formation of a unilateral contract, may become enforceable as part of a contract of employment. An agreement which includes a promise from one party but not from the other is called a unilateral contract. A unilateral contract is, for example, where an employer promises to pay a certain wage if an employee does a certain task for a certain period of time. The employeeÃ¢â¬â¢s performance of that task for that time makes him or her entitled to the promised wages. The promise of employment on particular terms of unspecified duration, if presented in the form of an offer and accepted by the employee, will create a binding unilateral contract. These types of actions are referred to as Ã¢â¬Å"promissory estoppelÃ¢â¬ actions and they provide an exception to the employment-at-will doctrine. In order to constitute a contract, the employerÃ¢â¬â¢s personnel policy as set out in the personnel policy handbook must be more than a general statement of policy and must provide reasonably definite terms for a fact finder to interpret and apply in determining whether there has been a breach of the contract arising from that handbook. General statements of policy by an employer do not meet the contractual requirements of an offer. Employees frequently couple claims that certain oral representations constitute an enforceable agreement with assertions that certain actions by the employer create an implied contract to terminate only for good cause. For example, employees often contend that an employer has established a custom and practice such that employees are permitted to continue employment until retirement unless discharged for good and sufficient cause. Such an allegation does not meet the requirement of a definite offer. Similarly, an employerÃ¢â¬â¢s commendations and approval of the employeeÃ¢â¬â¢s performance do not alter the employeeÃ¢â¬â¢s at-will status. Severance pay is not required by legislation. Where it is provided by an employer or labor agreement, it must not be administrated in a discriminatory manner. Where it is provided, severance pay is considered wages in this state. The method of payment of severance pay may delay the employeeÃ¢â¬â¢s eligibility for unemployment compensation benefits. Promissory Estoppel The state Supreme Court recognized that, despite the absence of a contract in fact, courts may imply the existence of a contract in law by utilizing the principle of promissory estoppel. The doctrine of promissory estoppel is applicable when: 1. A promise has been made; 2. The promissory reasonably expected to induce action of a definite and substantial character by the promise; 3. The promise in fact induces such action; 4. The circumstances require the enforcement of the promise in order to avoid injustice. An estoppel may arise from a promise of future performance. The doctrine of promissory estoppel is based in a promise which the promisor should reasonably expect to induce action of forbearance of a definite and substantial character on the part of the promise and which induces such action or forbearance and is binding if injustice can be avoided only by enforcement of the promise. Under the theory of promissory estoppel, liability on a contract may ensue even if the detriment incurred by one party is not bargained for where it can be shown that the promisor should reasonably have expected its promise to induce anotherÃ¢â¬â¢s detrimental action. The impairment-of-contract clause in the stateÃ¢â¬â¢s constitution applies to an implied-in-law obligation created by promissory estoppel. The effect of promissory estoppel is to imply a contract in law where none exists in fact. When a promise is enforced pursuant to the doctrine of promissory estoppel, the remedy granted for the breach may be limited as justice requires; relief may be limited to damages measured by the promiseÃ¢â¬â¢s reliance. RELATED CASE PRECEDENTS INFORMATION The following information is designed to provide samples of cases that may influence decisions made related to the case situation. The participants must decide what, if any, relevance these Related Case Precedents have on this Case Study Situation. Grouse v. Plan, Inc. (1981) The doctrine of promissory estoppel was applied by the court to grant damages to a pharmacist who accepted a job offer, resigned his current job and declined another job offer in reliance on this offer, but was Ã¢â¬Å"terminatedÃ¢â¬ from his new job before he even had a chance to start it. Plan Inc knew that to accept its offer Grouse would have to resign his employment. Grouse promptly gave notice and informed Plan Inc that he had done so when specifically asked by them. Under these circumstances it would be unjust not to hold Plan Inc to its promise. Gorham v. Optical (1995) Former employee was entitled to reliance damages based on theory of promissory estoppel, where he quit his previous job and declined any renegotiations with previous employer in reliance on promise of new job, and on his first day of employment went through hostile reinterview process that led to his immediate termination. Lewis v. Assurance Society (1986) A promise of employment on particular terms of unspecified duration, if presented in form of an offer and accepted by employee, will create a binding unilateral contract. Pine River v. Mettille (1983) Generally speaking, promise of employment on particular terms of unspecified duration, if in form of an offer, and if accepted by employee, may create binding unilateral contract; offer must be definite in form and must be communicated to the offeree. Goodkind v. University (1988) Whether a proposal by employer is meant to be an offer for a unilateral contract is determined by the outward manifestations of the parties, not by their subjective intentions, and employerÃ¢â¬â¢s general statements of policy do not meet the contractual requirements for an offer. Gunderson v. Professionals, Inc. (2001) To overcome the presumption that employment is at will, an employee typically must establish clear and unequivocal language by the employer evidencing an intent to provide job security. General statements about job security, company policy, or an employerÃ¢â¬â¢s desire to retain an employee indefinitely are insufficient to overcome the presumption that employment is at will. Spanier v. Bank (1993) Terminated employee failed to show any evidence of offer for long-term employment in definite form so as to be entitled to recover for employerÃ¢â¬â¢s breach of implied covenant of good faith and fair dealing as result of his termination, where employeeÃ¢â¬â¢s claims were based on subjective belief and his own inferences that employerÃ¢â¬â¢s commitment to commercial lending business would provide him job security and employerÃ¢â¬â¢s statements about developing this new area of business did not constitute long-term employment offer.
Sunday, September 15, 2019
Best practices is referred to as the development and implementation of a standard way of doing things to improve productivity. New management of business requires the managers and supervisors to be prepared for change. Management skills is not the only task that is expected of these firms but multitasking and flexibility are key to keeping on in todayÃ¢â¬â¢s fast-paced work environment where experienced supervisors are required. To effectively carry out a number of activities the supervisors of companies need to have a number of best practices required of them. These include good communication skills, determining effective orientation and training methods, improving team productivity, conducting performance appraisals, resolving conflict and improving employee relations. Best practices provide the supervisors with guidelines to follow in ensuring that all the information to be passed is very much effective. Supervisors generally have a difficult task to ensure that all issues are implemented. Therefore they need to utilize the following best practices to ensure that they maintain a successful and productive relationship with employees. Communication skills The supervisors of companies should ensure that the information that is communicated to the organization members is full, accurate, timely and understandable. This policy of good communication applies to different people and groups such as government authorities,Ã¢â¬â¢ regulators, employees, clients and the media. In business culture accountability is more important than diplomacy especially in U. S. The supervisors are also expected to do correction and pass judgment criticism in the way businesses are carried. The organization members should not take it as a personal issues but should be taken as away of improving performance in businesses. When correcting the employees the supervisors are expected to treat his employees well not only in pay and benefits but by respecting them and also treating then with a lot of personal care. Correction should be done with the utmost respect and the supervisor is expected to be alone when making correction. (Rue &Byars,2004). In every organization, employees comprise of different members with different cultural differences. This means that the supervisor has to cater for these differences when communicating to his employees. The cultural differences include culture, beliefs value and practices of the organization members. When communicating with the employees the culture should be put into consideration. Communication is just beyond words. The worst thing most supervisors make is failing to implement and demonstrate what they are preaching. For example a supervisor of a company might promise the workers of increase in salary at the end of the month but in the long run he might fail to implement this. This will make the workers or employees to lose trust and faith in their supervisors. The supervisor is thus expected to lead by example. This means taking your employees to the right direction where the firm should be. To stay competitive, companies must find ways to improve the performance and efficiency of all their employees and other members in the new environment inorder to prevent the new and unique challenges in the organization. Crossing the language bridge is another thing that the supervisor should have in mind. This is the biggest issue that supervisors should be aware of. In US, most company workers comprise of people from different cultural background, speaking different languages that all the employees are expected to know. The most commonly spoken language is English. The supervisor of the new company should therefore try to communicate in a language that is familiar and common to everybody. Things will automatically be easier if communication is done in English. However, when passing the information, the language used should be as simple as possible to avoid any complications that might arise. The supervisor should not use a lot of jargons when communicating because this will make the information to be passed to become more difficult to be understood by the employee. The risk of miscommunication will lead to decreased productivity therefore the supervisor should be aware of the language differences in their employees. New concepts should be communicated directly and accurately to the employees in time. It is always said that information liberates when passed at the right time. The channel which the information or message is to follow should be smooth to ensure that the massage passed is not interfered with. New changes should be introduced after effective communications has been done. The new concept introduced should aim at increasing profits and productivity in the company. The supervisor should inform the member on the benefits the new change is going to bring the company. The introduction of the new technology has brought a lot of changes in the business environment. Therefore the organization also needs to change in order to address these changes and stay competitive to the market. Critical thinking also plays a large part of communication especially when communicating with employees. Critical thinking entails asking and answering questions in order to use a thought process that is more easily or effectively remembered. (Rue, 2004) Determining effective orientation and training methods. All organization members need training to acquire new skills and knowledge required for the production to be increased and effective. The supervisor is supposed to hire qualified and competence staff to perform duties in their areas of specialization. Training should provide essential information on the department/programme. This includes policies and procedures on how the organization is run. If the company uses new technology, the supervisor needs to train the employees on how to use the computer soft ware in the company. The supervisor should also provide direction on how work is to be done. He should lead by example and he should also provide appropriate equipment in good working condition and training in how to use it. The supervisor should also do assessment tests to measure effectiveness of training equipment to be used in delivering the training. Methods of training may include use of computer, video, classroom or holding conference. When using these methods the supervisor needs to do assessment first to ensure effective training. Qualified staff needs to be recruited in a specific department. This is because each department has a specific responsibility to be carried. For example a company may have the department of public relations and department of information technology. Those working in the department of information technology need to have relevant skills in the computer database. Improving productivity for teams Team work has become a big part of todayÃ¢â¬â¢s workforce. Productivity in team can be done through delegation and follow up for example in delegation the supervisors should be well informed about their team members. This should include their cultural background and experiences very well to help him in assigning the right duty to a proper person. By ensuring that delegation is done fairly will provide a positive work team is got which in turn will lead to increased productivity. The supervisor need to know the project he is dealing with and people in the team to find a suitable task for each member. While doing delegation, fairness should be observed as this will keep team morals. Team work productivity is also brought through follow up. This is supposed to be done to ensure that each team member is performing the task that is assigned to him or her. The supervisor therefore needs to check the job done by team members at individual levels and as a team. Follow up will ensure that each member feels satisfied, important and is performing his/her tasks effectively. These actions will help in ensuring that the morals of the team is kept high and therefore leading to happiness in the organization. Conflict resolution. Resolving conflict is another best practice expected of new supervisors. Conflicts are things that normally occur in our organizations. For example our workforce or workplace comprise of people with different cultural background, therefore such diverse cultures can bring conflict in the organization. Conflict that the supervisors therefore mostly faces vary from personality differences between employees to a small clash in attitude or belief. Dealing with conflict requires two things. These include listening and resolving. The supervisor needs to investigate the situation and actively listen to both sides of the situation. The means that he needs to listen to different people involved in the conflict. Listening to a problem requires the supervisors to take time and ensure that each employee has been given an opportunity to speak about the problem (Scenario). While listening, he should carefully take notes and carefully cross check the statements the parties involved are giving. This will enable him understand the root cause of the problem and possible solution to the problem. When coming up with resolution he should determine the one that will appease as many of the population as possible without going against the company policies or regulations (Brett, Behfar & Kern, 2006). All the information in the resolution should be communicated to the employees in a simple way. Follow up should also be done on the situation to confirm whether the resolution that was passed has worked or not. Should it fail to work then another possible solution need to be obtained to resolve the conflict. This will ensure that the whole process of conflict resolution is very successful. Improving employee relations. Improving employee relations is one of the best practices that the supervisor need to have in mind. In most organizations employees will want their presence to be recognized either by their leaders or by other members in the company. Good relationship should therefore be built to ensure that there is a positive contact between the supervisors and other companyÃ¢â¬â¢s members. (McConnell, 2002). The supervisor should ensure that positive contact is made almost on a daily basis as this will increase the employees self esteem. They will feel that their interest is catered for thereby improving productivity. The supervisor can also create good relations with other members through carrying out regular meetings. During regular meeting the supervisors should address the employeeÃ¢â¬â¢s problems and correct any area in which they need to improve on. It is also important to keep some records of attendance so that the supervisor can appraise to congratulate them for turning in large numbers. Anyway these minor things need not to be ignored by the supervisors. During meetings it is good and healthy to listen to employees decisions. This is because the employees themselves know where there is need for improvement since they are people carrying out the activities. They therefore know very well where specific improvement is to be made. This makes them feel that they are important in the organization. Even the supervisor himself will feel that he is working to the right direction of achieving the organizations objectives and goals. Improving the employees self esteem will also increase the efficiency and productivity of work done. (Robertson, 2007). The employees therefore should be allowed to take part in decision making process as this will build trust between the employees and their leaders including the supervisors. Performance Appraisal. Conducting performance appraisal is another best practice that the supervisors should not leave out. Performance appraisal is a gauging tool to measure the success and failure in the work done by both the supervisors and employees. In most cases performance appraisal is done yearly basis and include things like reinforcement and giving both positives and negative feed back. Positive feedback is given when the employee does an impressing job. The feedback should begin with positive accomplishment that the employees has since their last appraisal or since they were recruited. The positive not will ensure that the employees follow further direction given by supervisors. Positive feedback will also send a message to the employees that their supervisor is working with them meaning that they are not left alone to o the job without their supervision from their supervisors. This will increase their morale in performing their job. Negative feedback will provide failures that the employees have made and when this is communicated it will help them in making some adjustments. The negative feedback should be used as a teaching tool to guide and correct the employees on the areas they have failed in. These areas therefore need some improvement. If the failures are not communicated to the employees, they wonÃ¢â¬â¢t know whether they are doing the right thing or the wrong thing. After giving direction on areas that need improvement the supervisor should be clear and concise in the measures that will be taken if a change or improvement is not shown. He will therefore have to check on the ways the task is performed looking into the improvements required or lack of it. When doing this he should continue giving guidance ion hoe the performance can be improved. (Buhler,2007) During performance appraisal the supervisor should give the employees time to ask questions and give their suggestion. This will make them understand more the area in which improvement is required to be done. The supervisors will also be able to know how the employees view the areas he is addressing. However, performance appraisal whether negative or positive feed back should end on a positive note. For example, this is a good work but you still need some improvement. The feedback should contain some goals that the employees need to meet within a stipulated period of time in the near future if the supervisor does the appraisal of performance in a good way then he will realize that his efforts are not thwarted. This will in turn ensure that there is efficiency among the employees and the overall production will increase. Conclusion Every organization needs to employ the principle of best practices to ensure that its goal is achieved. This means that the supervisor will need to consider all the elements making the organization for him to realize success in the company. He needs to work in collaboration with the members as a team and even with the managers to ensure that the policies passed are implemented properly. Keeping the members on toes should be done regularly to ensure that work is done smoothly. A supervisor therefore needs to work in a more professional in the way he handles his employees as this will determine whether job will effectively be done or will not be done. All activities that are to be done particular time should be completed as stated. This will only work upon supervision. The job is only left for the supervisor. Correction should be done in a fair way to avoid any problem arising. This can only be done by using best practices that is used in improving production in a company. The best practice has proved to work and has lead to creation of successful workforce and therefore increased productivity by the company. Reference: Brett, J, Behfar, K & Kern, M. C. (2006). Managing multicultural Teams. London: Harvard Business. Buhler, P. (2007) Managing in the new millennium, Journal of supervision, 68(3) 19-21 Mc Connell, C. (2002) Use positive contacts to improve employee relations. Retrieved July 20, 2007 http://www. nfib. com/object/3174032. htm/ Robertson, J. (2007). How to improve employeeÃ¢â¬â¢s relations in the workplace. Retrieved July, 19, 2007 http://www. associatedcontent. com/article/17641/low-to-improve-employee-relations-in. htm/ Rue, L. W. & Byars, LL. (2004) Supervision: Key link to productivity: New York: Mc Graw-Hill
Saturday, September 14, 2019
Course: International Political Economy [GT27M/ GOVT 2049] ID Number: 620033630 Name: Matthew Thomas Lecturer: Sheldon Barnes Date of Submission: 7/9/2012 Question I: What are in your view the main principles governing international trade policy in the context of the WTO and which would be the main provisions in which you find these principles reflected in the WTO agreements? Please elaborateFormed in 1995 to replace its predecessor the General Agreement on Tariffs and TradeÃ (GATT), under the Treaty of Marrakech, The World Trade Organization (WTO) is the only international organization that deals and treats with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible. The goal of the WTO is to aid and facilitate producers of goods and services, exporters, and importers conduct their business.At its core are the WTO agreements, negotiated and signed by a majority of the worldÃ¢â¬â¢s trading nations and approved within their respective parliaments. These principles aid in the efficient government of international trade policy ensuring that all signatories adhere to the contract they are bind to, by this governments are now required to create national trade policies transparent by notifying the WTO about present laws in actions and measures implemented, and through regular reports by the secretariat on countriesÃ¢â¬â¢ trade policies.The WTO agreements cover goods, services and intellectual property. They explain the principles of liberalisation, as well as the allowed exceptions. They include individual countriesÃ¢â¬â¢ commitments to lower customs tariffs and other trade barriers, and to open and maintain open services markets. The agreements set procedures for settling disputes; prescribe special treatment for developing countries.The agreements of the WTO are detailed and intricate as they are legal texts that facilitate a wide range of activities such as: agriculture, cl othing and textiles, banking and finance, telecommunications, government purchases, industrial standards and product safety, food sanitation regulations, intellectual property, among others. A number of simple, fundamental principles run throughout all of these documents. These principles exist as the foundation of the international multilateral trading system.Given that the core of the WTO, especially leading out of the Doha Round of Trade Negotiations [2001- present], is to focus and adjust the concerns that are faced by developing nations; the main principles within the context of the WTO that validate international trade policy are: i) Trade without discrimination ii) Freer Trade iii) Promotion of fair competition v) Development and economic reform. These principles of international trade within the legislation of the WTO can be reflected in trade agreements drafted by the organisation.The principle of Ã¢â¬Å"Trade without discriminationÃ¢â¬ has two key underlying principles: Most Favoured Nation [MFN] and National Treatment [NT]. The MFN, in essence is simply treating other people equally. As legislated by WTO agreements, countries are prohibited from discrimination between their trading partners. Wherein one country is restricted from granting a particular country a special favour e. g. such as a lower customs duty rate for one of their products and this favour is not extended to all the other members of the WTO. This principle is known as Most Favoured Nation (MFN) treatment.The first article of theÃ General Agreement on Tariffs and Trade (GATT) , which is the governing legislation for the trade in goods, this article speaks to prohibition of member nations to discriminate between Ã¢â¬Å"likeÃ¢â¬ products originating from other member nations. In Article I of the GATT it states Ã¢â¬Å"any advantage, favour, privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accord ed immediately and unconditionally to the like product originating in or destined for the territories of all other contracting parties. MFN is also a focus inÃ Article II of General Agreement on Trade in Services (GATS), where it states Ã¢â¬Å"each Member shall accord immediately and unconditionally to services and service suppliers of any other Member treatment no less favourable than that it accords to like services and service suppliers of any other country. Ã¢â¬ Likewise Article IV on theÃ Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)Ã which states Ã¢â¬Å"With regard to the protection of intellectual property, any advantage, favour, privilege or mmunity granted by a Member to the nationals of any other country shall be accorded immediately and unconditionally to the nationals of all other Members. Ã¢â¬ The agreements in essence cover all three main areas of trade handled by the WTO and gives guidelines as how to WTO member nations execut e their trade policies. Though the essence of the MFN treatment is to permit some sense of equality among WTO signatories exceptions are permitted. For example, countries can set up a free trade agreement that applies only to goods traded within the group Ã¢â¬â Ã discriminating against goods from outside.Or they can give developing countries special access to their markets. Or a country can raise barriers against products that are considered to be traded unfairly from specific countries. And in services, countries are allowed, in limited circumstances, to discriminate. Though these exceptions exist, they are permitted under highly strict conditions. In essence, the MFN policy acts a facilitator to ensure that every time a country lowers a trade barrier or opens up a market, it has to do so for the same goods or services from all its trading partners Ã¢â¬â regardless of their economic development.National Treatment eliminates discrimination between the products of national a nd foreign services or nationals, in this sense the protocol for national products are expected to be reciprocated to that of foreign entities. Once foreign goods enter a local market, the expectation exists that they should be treated equally as the locally-produced goods. This expectation extends pass produce; it should apply to foreign and domestic services, and also foreign and local trademarks, copyrights and patents.Given that NT covers various areas of trade it is highlighted in three main WTO agreements. In Article III of the GATT it is stated that Ã¢â¬Å"The products of the territory of any contracting party imported into the territory of any other contracting party shall be accorded treatment no less favourable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use. Article XVII ofÃ GATSÃ states that Ã¢â¬Å"Ã¢â¬ ¦each Mem ber shall accord to services and service suppliers of any other Member, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers. Ã¢â¬ Article III ofÃ TRIPS, speaks to the issue of Intellectual Property [IP] by stating that Ã¢â¬Å"Each Member shall ccord to the nationals of other Members treatment no less favourable than that it accords to its own nationals with regard to the protectionÃ (3)Ã of intellectual propertyÃ¢â¬ ¦Ã¢â¬ The three treaties highlights the areas of trade the WTO governs, from that of goods exchange, services exchange and the importance of ensuring the proper utilisation of Intellectual Property rights such as copyrighting and patenting. According to the WTO Ã¢â¬Å"National treatment only applies once a product, service or item of intellectual property has entered the market.Therefore, charging customs duty on an import is not a violation of national treatment even if locally-produced products are not charged an equivalent tax. Ã¢â¬ In conclusion, the Ã¢â¬Å"Trade without DiscriminationÃ¢â¬ principle with its two underlying principles of Most Favoured Nation [MFN] and National Treatment [NT] policies The National Treatment principle constitute the two pillars of the non-discrimination principle that is widely seen as the foundation of the GATT/WTO multilateral trading regime. The concept of Ã¢â¬Å"Freer TradeÃ¢â¬ assists in the decrease of trade barriers which acts as an excellent facilitator for encouraging trade.Such barriers include: customs duties (or tariffs) and measures such as import bans or quotas that restrict quantities selectively; it can also span to include the decrease of other administrative barriers such as red tape- including policies of exchange rate. The WTOÃ¢â¬â¢s global system lowers trade barriers by means of negotiation and applies the principle of non-discrimination [MFN and NT]. This brings a bout a result of a reduction in the costs of production, as imports used in production are far cheaper; a reduction in the prices of finished goods and services, which in essence can contribute to a lower cost of living.Since the GATTÃ¢â¬â¢s creation in 1947, there have beenÃ eight rounds of trade negotiations. The ninth round, under the Doha Development Agenda, is still in negotiations for the past eleven years. The initial focus was geared towards lowering tariffs on imported goods; however the 1980s, the negotiations had expanded to cover non-tariff barriers on goods, with the inclusion of areas such as services and intellectual property. As a result of the negotiations, the tariffs on industrial goods declined to less than 4%, during the mid-1990s. Opening markets can be beneficial, but it also requires adjustment.The WTO agreements allow countries to introduce changes gradually, through Ã¢â¬Å"progressive liberalizationÃ¢â¬ . Article XIX of the GATS states Ã¢â¬Å"Ã¢â¬ ¦w ith a view to achieving a progressively higher level of liberalization. Such negotiations shall be directed to the reduction or elimination of the adverse effects on trade in services of measures as a means of providing effective market access. This process shall take place with a view to promoting the interests of all participants on a mutually advantageous basis and to securing an overall balance of rights and obligations.The process of liberalization shall take place with due respect for national policy objectives and the level of development of individual Members, both overall and in individual sectors. There shall be appropriate flexibility for individual developing country Members for opening fewer sectors, liberalizing fewer types of transactions, progressively extending market access in line with their development situation and, when making access to their markets available to foreign service suppliers, attaching to such access conditions aimed at achieving the objectives re ferred to in ArticleÃ IV. The article clearly addresses developing countries which are usually given longer to fulfil their obligations. The principle of Ã¢â¬Å"Promoting fair competitionÃ¢â¬ Ã portrays The WTO as an instrument of not just extending mechanisms of free trade but is also a system of rules dedicated to open, fair and undistorted competition. By this, the system of the WTO permits tariffs and, in limited circumstances, other forms of protection. More accurately, it is based on the rules on non-discrimination [MFN and NT] which are designed to secure fair conditions of trade.So too are those on dumping (exporting at below cost to gain market share) and subsidies. The issues are complex, and the rules try to establish what is fair or unfair, and how governments can respond, in particular by charging additional import duties calculated to compensate for damage caused by unfair trade. By removing some market barriers The WTO has promoted competition in the global trad ing market extending it beyond the borders of WTO membership; the trading principles set by the WTO are meant to allow fair and undisturbed market competition.The WTO extends and clarifies previous GATT rules that laid down the basis on which governments could impose compensating duties on two forms of Ã¢â¬Å"unfairÃ¢â¬ competition: dumping and subsidies. WTO agreements are geared towards the support and maintenance of fair competition in the sectors of: agriculture, intellectual property, services. The WTO Agreement on agriculture is designed to provide increased fairness n farm trade, the agreement on intellectual property will improve conditions of competition where ideas and inventions are involved, and another will do the same thing for trade in services. The construct of the WTO contributes to development and as it encourages development and economic reform geared towards to the developmental process of developing nations. Given that notion, developing countries require an urgent sense of flexibility to effectively implement the agreements drafted by the organisation.The current agreements inherit the earlier provisions of GATT that allow for special assistance and trade concessions for developing countries. The WTO cannot claim to make all countries equal however it aids in the reduction of some inequalities; by doing this it gives smaller countries more voice, and at the same time freeing the major powers from the complexity of having to negotiate trade agreements with each of their numerous trading partners.A majority of over three quarters of the WTO membership comprise of developing countries and countries in transition to market economies. The 1986-1994 Uruguay Round saw over 60 of these countries implementing trade liberalisation programmes unconventionally. At the same time, developing countries and transition economies were much more active and influential in the Uruguay Round negotiations than in any previous round, this activeness has also transpired to the current Doha Development Agenda.Developing countries were prepared to take on most of the obligations that are required of developed countries by the end of the Uruguay Round. The agreements did grant developing nations transition periods to adjust themselves to the more stringent and arduous provisions of the WTO. The GATT has a special section on Trade and Development which speaks to provisions on the concept of non-reciprocity in trade negotiations between developed and developing countries. Both GATT and the GATS allow developing countries some measure of preferential treatment.AÃ ministerial decision Ã adopted at the end of the Uruguay Round says more developed countries should accelerate the implementation of market access commitments on goods exported by the least-developed countries, while increasing technical assistance for them. More recently, developed countries have started to allow duty-free and quota-free imports for almost all products from least -developed countries. The current Doha Development Agenda includes developing countriesÃ¢â¬â¢ concerns about the difficulties they face in implementing the Uruguay Round agreements. Ã¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬â 1 ]. The Marrakech Agreement developed out of theÃ General Agreement on Tariffs and Trade, which it includes; but it supplemented it with several other agreements, on such issues asÃ trade in services,Ã sanitary and phytosanitary (plant health) measures,Ã trade-related aspects of intellectual propertyÃ andÃ technical barriersÃ to trade. It also established a new, more efficient and legally binding means of dispute resolution. [ 2 ]. The Secretariat has a particular responsibility to provide technical support to developing countries, and especially the least-developed countries. 3 ]. As a result of theÃ Uruguay RoundÃ negotiations the treaty was created to extend the multilateral trading system toÃ service sector. [ 4 ]. (NAFTA)North American Free Trade Agreement is an example of one of the most successful trade agreements in history; it has contributed to significant increases in agricultural trade and investment between the United States, Canada and Mexico and has benefited farmers, ranchers and consumers throughout North America. The Mexican-Canadian agreement eliminated most tariffs either immediately or over 5, 10, or 15 years. 5 ]. Page 248 the proliferation of rules and regulations prescribing the conduct of decision making in bureaucratic affairs (Politics Economic Welfare) [ 6 ]. The removal or reduction of restrictions or barriers on the free exchange of goods between nations. This includes the removal or reduction of both tariff (duties and surcharges) and non-tariff obstacles (like licensing rules, quotas and other requirements). The easing or eradication of these restrictions is often referred to as promoting Ã¢â¬Å"free trade. Ã ¢â¬ [ 7 ].GATT (Article VI) allows countries to take action against dumping. The Anti-Dumping Agreement clarifies and expands Article VI, and the two operate together. They allow countries to act in a way that would normally break the GATT principles ofÃ bindingÃ a tariff andÃ not discriminatingÃ between trading partners Ã¢â¬â typically anti-dumping action means charging extra import duty on the particular product from the particular exporting country in order to bring its price closer to the Ã¢â¬Å"normal valueÃ¢â¬ or to remove the injury to domestic industry in the importing country. 8 ]. The WTO Agreement on Subsidies and Countervailing Measures disciplines the use of subsidies, and it regulates the actions countries can take to counter the effects of subsidies. Under the agreement, a country can use the WTOÃ¢â¬â¢s dispute-settlement procedure to seek the withdrawal of the subsidy or the removal of its adverse effects. Or the country can launch its own investig ation and ultimately charge extra duty (Ã¢â¬Å"countervailing dutyÃ¢â¬ ) on subsidized imports that are found to be hurting domestic producers. 9 ]. This is a procedure when developed countries grant trade concessions to developing countries they should not expect the developing countries to make matching offers in return. [ 10 ]. The URUGUAY ROUND AGREEMENT: Ã¢â¬Å"Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing CountriesÃ¢â¬
Friday, September 13, 2019
The concept of being a man, and the idea of manliness, has been debatable in recent decades due to acts of feminism. Paul Theroux wrote Being a Man and was very opinionated as he said the idea of manliness was wrong and oppressive. Harvey Mansfield wrote The Partial Eclipse of Manliness, and stated that the concept of being manly has diminished and been overpowered by feminism. Both of these readings have provided valid and doubtful points in the discussion of what constitutes being manly, as well as how North American culture views the stereotypical man. Both authors are very opinionated and biased in their readings as they do not have any outside sources supporting their beliefs, but they do make effective arguments which further their attitude and outlook on manliness. In Paul TherouxÃ¢â¬â¢s reading Being a Man, it is stated that man can be categorized as stupid, arrogant, and much like pre-historic cavemen. Theroux continued to say that if someone were born as a man, there would be limits of what he is physically, emotionally, and mentally capable of. His highly personal view of how men act relates to a time when men were expected to aspire to be the so-called perfect man. The stereotypical perfect man is theoretically defined as brash, built, strong, athletic, and overall a poor loser when it involves any form of competition. It is also claimed that the typical man should be stupid, unfeeling, obedient, and ultimately soldierly. Theroux argued that these qualities eventually create poor husbands, sadists, and potentially rapists. Although this could happen, it is very unlikely that the majority of men with those characteristics will end up malicious and violent like Theroux stated. MansfieldÃ¢â¬â¢s approach to the deterioration of masculinity faulted women. He believed manliness is dubious as women over the years have been referred to with manly intentions. He felt that feminism has not only succeeded, but dominated current culture. For example, policemen and mailmen are no longer in existence, but rather they are police officers and mailpersons. Mansfield thought the concept of manliness had diminished to the point of becoming obsolete. He felt the concept of manliness, being strong, emotionless, and violent, cannot include women. He wanted women to continue to be meek, petit and frail; the direct opposite of what his ideal man is supposed to be. As a view from people who have rarely been referred to as masculine, many women are able to offer an unbiased honest opinion when it comes to the broad term of being manly. As someone who has never personally been associated with masculinity, I feel these readings present both current and outdated views on what manliness is. Both readings had a similar message of establishing man but they portray them in different ways. TherouxÃ¢â¬â¢s reading expressed how he felt uneasy, unsure, and apprehensive when it came to the term manly as he viewed it as degrading. As a womanÃ¢â¬â¢s perspective, I feel that the term manly is far from shameful or dishonourable. A manly man is something many women look for in a prospective partner as a shy, emotional, and weak male is undesirable. This is not because women are too concerned with physical appearance and mental capacity, but because women are wired to look for mates with these qualities. This dates back to days of cave men and women when language was limited and appearances were the only means of finding a mating partner. In my view, it appears that Theroux is attempting to understand the term Ã¢â¬Å"being a manÃ¢â¬ at face value while disregarding the fact, that not everyone associates a man with the qualities he has previously stated. In comparison to TherouxÃ¢â¬â¢s reading, Mansfield concentrated more on the aspect of how manly qualities are being given to women. Women are now able to take on the characteristics of being masculine and as a result, the definition of being a man has been altered and is unclear. MansfieldÃ¢â¬â¢s reading demonstrates a fear of being second-rate in comparison to female counter parts when in truth he has nothing to be concerned over. In my opinion, his panic of inferiority in unnecessary as women will always be considered the lesser sex. Regardless of how much effort is put into gender equality, women will always be initially seen as soft and sweet while men will be primarily viewed as rough and tough. Both Theroux and Mansfield refer to the same point but in different ways: Are men to just live with this degraded status? If women can take on the characteristics of being manly then what makes a man? Being manly is in no way considered a degraded status from my perspective, but a term of affection instead. As for women taking on characteristics of being manly, I feel they choose to be referred to masculine. It does not deteriorate the idea of men being manly but rather makes women much more like man. The authors have very old fashioned views of how a modern culture should be when they state: a male should be masculine and a female should be feminine.
Personal Statement - Essay Example I had worked very hard and had good grades in my previous schooling and everyone believed that I was the best nominee for the award, little did I know that a huge disappointment was in the offing. I painfully missed the scholarship and in its place, I received a smaller, insignificant award in my eyes. Whereas I thought I was the best person to receive the token, other people were awarded. I became very angry and unknowingly, I developed a grudging heart against those who won the scholarship. I was convinced beyond reasonable doubt that the scholarship committee was biased. This feeling of hatred and jealousy continued for a while until I noted that my negative reaction angry look and avoidance attitude had no apparent effect on the winners. It only increased my frustrations and I became more and more miserable. I decided to force that feeling to fade away. I had no choice as those who received the scholarship were oblivious of the resentment towards them. I decided not to continue a llowing my heart and mind to be swayed by important issues in my life. I decided to move on especially after talking to a few friends and family members. They encouraged me to put that ordeal behind me as there are people who face severe challenges in life. This incident caused a huge impact in my life. It threatened to derail me from my career and cause a permanent heartbreak. Through guidance and canceling, my entire family made me understand that a single failure in life does not define the entire life of a person.
Thursday, September 12, 2019
The Thrill of the Hunt; The Journey and the Destination - Essay Example In an era when a person need only drive to the local grocery store, what makes men and women load guns and still head for the woods to track down an animal This ethnography study will try to answer the question, what is the point to hunting in modern Maine Is the real goal a trophy to hang on the wall Hunting is really about control and challenge in a world where basic human survival instincts are channeled into substitute activities like video games, racquet ball and treadmills. The need for men and women, to spend hours tracking a creature in the forest for meat they could easily buy, is not about killing an animal, but about self reliance and ingenuity. Hunting is a tie to the past and tradition. In 1622 the state of Maine was called, the Province of Maine and it was under the jurisdiction of Massachusetts. The name probably echoes the French province of Maine brought by immigrating French settlers. It was not admitted to the Union until 1820 and then was officially the, state of Maine (Maine Down East, 1937 pg 3). Maine has a total area that extends the combination of New Hampshire, Vermont, Rhode Island and Connecticut. The state possesses a variety of terrains from plateaus to mountains to coast line. The highest peak is on Mount Katahdin, Hamilin Peak at 4752 feet. Over 75 percent of the total area in Maine is forestland and water as Maine is filled with lakes and rivers. Game is abundant and v... It was necessary to observe a fox's behavior to trap him as they are creatures of habit and use the same pathways (Maine Down East, 1937 pg 415). Deer can be found close to open pasture, abandoned lumber camps and dirt roads. They favor raspberry bushes, which grow near cleared land. After the first frost deer seek out beech ridges then head for swamps and thickets about noon. The best hunting is right after a light snow when the animals are easily tracked. Those that savor a trophy buck should prepare to climb the high ridges and in dry weather a hunter should find a place to sit and wait as the crunchy twigs and leaves will warn any deer of a human presence. This is the reason for deer stands in trees when no ridges are available. Many hunters turn to moose and black bear because they are more challenging. Bear are very clever and also pose a risk to personal safety. Though bear move slow and have poor eye sight, they can run quickly to chase down their prey. Bear meat is quite a delicacy to many who savor the pork like taste. Rabbits are also hunted in Maine for sport and meat. Unlike varieties in other states Maine rabbits do not make holes in the ground and live on the surface. Dogs are used for rabbits and birds. The black duck and the mallard are the most popular, but there are over a dozen breeds in the northern portion of Maine and along the coast in the Machias region. Woodcock are plentiful in central and western Maine and best hunted after several frosts since unlike other ducks that eat from the marshes, woodcocks prefer blackberry tangles near birch and alder trees. Hunting in Maine can be done in a variety of fashions that include rifle, shotgun, bow, crossbow, handgun and even black powder
Wednesday, September 11, 2019
Bobs Meltdown - Case Study Example As the discussion outlines the first alternative that Singer could take is to fire Dunn, who is the senior Vice President and General Manager, Services. However, the case study identifies that Dunn is the best manager and the profitability of the company probably rides on his shoulders. This alternative will make the company lose revenue, and probably end up insolvent. The other alternative that Singer could take is to severely reprimand Dunn and make him apologize to Ms. Annette over his behavior. Organizational behavior ethos dictate that the best functioning of an organization as a team requires the cohesion that can only be achieved by a unity between the managers. The third alternative would be to assume that Dunn was under a lot of pressure from the responsibility entrusted to him. Therefore, this alternative would require that Mr. Singer talks to Dunn and tells him to calm down, and that Annette would be made to understand the importance of the services department. From this study it is clear that all the alternatives proposed above their own limitations and strengths, mainly because of the deep ethical and professional implication of DunnÃ¢â¬â¢s actions. The first alternative is the first consideration, because of the unprofessional nature of DunnÃ¢â¬â¢s reaction. However, this alternative would result in a loss in profitability for the company before another manager as good as Dunn is found. The second alterative, a reprimand and no other action being taken, is not very advisable for the firm. This is because of the interpretations that the action would elicit from the other employees. This alternative would imply that the company does not care about some employees, especially the female employees, and that the performance record by Dunn gives him more leeway than the other employees.