Bowen/Differentiation Ouline for Essay with Goals and Intervention Samples

Framework for Bowen paper on Beginning, Middle, End objectives/intercessions 1. a joing family as a mentor, solid triangle look into starting phases of treatment limit enthusiastic reactivity trial treatment †educator/mentor b. helpful partnership/relationship c. how change achieved? Through insight†¦ For Bowen hypothesis †understanding picked up by taking a gander at designs in famly/genogram For Behavior treatment †forming For intellectual treatment †testing damaging mapping Structural treatment realigning structure Bowen †1. Insight2. Multi-age transmission 3. Separation of self 2. skip . vignette †conceptualization/theories 4. 3 phase treatment plan (starting, center, finish of treatment) a. worldwide objectives b. mediations Beginning objectives/intercessions 1. Cause customer to feel safe/form compatibility/construct relationship 2. Ask their objectives 3. question about their family positions 4. sympathy/undivided attention 5. indication alle viation †get some information about side effects, what carries them to treatment, not favoring one side, rehash (reflect), no making a decision about a. Construct working speculation †pose explaining inquiries, seating position Middle objective for Bowenian Therapy 1. Id subsystems, hierachy, genome connections . Bowen Goal: Begin testing neurotic convictions/flawed perceptions (intercession) †genogram 3. Bowen Goal: Reach separation Intervention †4 Bowen Goal: Assist family in taking a gander at relational peculiarities: Intervention †Genogram End 1. Time to end when accept they can look after change/and how a. Customer/customers have kept up change for quite a while in treatment b. Figure out how to manage misfortune, whenever joined to advisor c. Have an arrangement I. assets ii. record cards d. Survey progress iii. Bowen duplicate of genogram, starting and end iv. Bowen †duplicate of CED, different tests

Tom Robinson’s Conviction in Harper Lees To Kill A Mockingbird Essays

Tom Robinson’s Conviction in Harper Lee's To Kill A Mockingbird Harper Lee’s To Kill A Mockingbird is a practically impeccable portrayal of how the â€Å"white† word ruled the â€Å"black† word in the South. The epic shows that a white person’s word, regardless of how blamed, was more promptly acknowledged than any dark person’s word. Permitting a â€Å"Negro’s† word to be acknowledged over â€Å"white† word would make southern culture less secure in its expected predominance. The southern â€Å"superiority† over Negroes had existed since the hour of the slave exchange and proceeded after the liberation, out of dread. For whatever length of time that Negroes were considered â€Å"property,† they were secured by their â€Å"value.† Following the nullification of lawful servitude, their financial assurance evaporated, and the southern white populace dreaded their invasion with society. Out of dread came detest in the white southern network. Associations mirroring their despise were made, for example, the Ku Klux Klan. Lynchings, unjustified feelings, and extreme monetary persecution were all piece of Negro-life in the south between 1925-1935. With the Stock Market Crash in October of 1929 the United States endured extreme financial downturn. With the end of numerous factories and plants, joblessness soar. The monetary breakdown was agonizing to all networks, yet to the blacks of the South who were at that point seriously abused, it was decimating. Cultivating people group, which were at that point in a downturn before the accident, went hungry and once in a while had surplus harvest to sell for benefit. Harvest costs fell about half somewhere in the range of 1929 and 1930. During the downturn it was almost unimaginable for blacks to look for some kind of employment since jobless whites were picked over blacks regardless of what their qualific... ...ession, and Harper Lee’s To Kill A Mockingbird is a precise case of how the memorable South treated blacks with extreme preference. Works Cited Carter, Dan T. Scottsboro: A Tragedy of the American South. Implement Rouge: Louisiana State University Press, 1969. Chalmers, Allan K. They Shall Be Free. Nursery City: Doubleday and Company, 1951. Lee, Harper. To Kill A Mockingbird. Philadelphia: Warner Books, 1960. Ransdell, Hollace. The First Scottsboro Trials (April, 1931) . The First Scottsboro Trials (April, 1931). 27 May 1931. American Civil Liberties Union. 11 March 2001. <http://www.law.umkc.edu/workforce/ventures/FTrials/scottsboro/SB_HRrep.html#REPORT ON THE SCOTTSBORO, ALA.>. Vassel, Olive. The Scottsboro Boys. The Scottsboro Boys. . AFRO-Americ@. 11 March 20001. <http://www.afroam.org/history/scott/scotts.html>.

The Decisive Battle

The Decisive Battle Today, of all days, in Jonestown, PA, eight members of my family bore witness to the ultimate showdown between Turkey and Spam. Despite a two-hour food coma immediately after dinner, I think its pretty safe to say that I emerged victorious. I wanted to turn the turkey carcass into usable fuel, of course, but Aunt Jen got to it first and made some stock instead. Not quite as environmentally-friendly, but probably a little more appetizing. Unless, of course, you believe the twelfth or so verse of We Are The Engineers: An artist and an Engineer had found a gallon can. Said the artist, Match me drink for drink and see if youre a man. They took three drinks, the artist fell, his face was turning green; But the Engineer drank on and said, Its only gasoline. Thrilling phototravelography and whatnot forthcoming. Now, back to Henrys Law. Happy Thanksgiving everybody! I hope you enjoyed your turkey, or if you did not have a turkey I hope you enjoyed acorn squash or something because tofurkey just creeps me out.

Sustainable Development, Poverty and Population Growth

â€Å"Sustainable development (SD) is maintaining a delicate balance between the human need to improve lifestyles and feeling of well-being on one hand, and preserving natural resources and ecosystems, on which we and future generations depend† (Authorstream, 2010, p 1:  ¶ 1). In concurrence, the World Commission on Environment and Development (WCED) asserts that SD is, â€Å"development that meets the needs of the present without compromising the ability of future generations to meet their own needs† (Authorstream, 2010, p 1:  ¶ 2). This essay concentrates on how population growth and poverty issues are interrelated with each other as well as being related to the concept of sustainable development. Panayotou (2000, p 177:  ¶ 2) asserts that in rural,†¦show more content†¦According to Van Ginneken and van Diepen (1993, p 354), population growth appears to vary across the world and especially between less developed (LDC’s) and more developed countries (MDC’s). The greatest population growth appears most likely to arise in LDC’s. Van Ginneken and van Diepen (1993, p 355) suggest that in LDC’s, such as Africa for example, prospective, fast-paced population growth has been attributed to the fact that the youth of the population are expected to produce a significant amount of children into the future i.e. each prospective family is likely to at least produce one or two children. This is known as a demographic transition and occurs in both LDC’s and MDC’s. In the midst of this transition process, LDC’s tend to have elevated birth rates; it is at this point that population growth is at its greatest (Van Ginneken and van Diepen , 1993, p 355). Overall LDC’s appear to have a far more volatile population growth than MDC’s (Van Ginneken and van Diepen, 1993, p 355). For example, energy usage in an LDC such as South Africa has substantially increased since 1983, partially due to massive population growth. Van Ginneken and van Diepen (1993, p 360:  ¶ 2) forecasted that, â€Å"in 2050, the share of LDC’s in the total use of energy would be 87%, compared to 27% now.† There is a degree of uncertainty involved as to whether these energy demands can be fulfilled, and whether the associated polluting emissions can be suitably dealt with inShow MoreRelatedThe Poverty Of The United States1531 Words   |  7 Pagesand rather consistent levels of poverty in some regions in America are touched on as well. Poverty is defined as a condition where one’s basics needs for food, clothing, and shelter are not being met (What Is Poverty? â€Å"). From sea to shining sea, more than 15 percent of the American population live in poverty, a total of people over 46 million. Many who live in poverty within the United States live in areas that were once thriving from the country’s economic growth that are now only sad remnantsRead MoreThe Between Science, Policy And Sustainability1103 Words   |  5 Pagesthat there are limits to growth is not new to science. The debate that exponential population growth and economic growth, coupled with natural resources depletion, cannot be sustained has started already a few centuries ago with a ground-breaking publication: â€Å"Essay on the principle of population† Thomas Malthus in 1798. With more scientific knowledge developed around this debate, a reverse strategy was formed on the international political agenda called Sustainable Development, and nowadays became aRead MoreThe Age Of Sustainable Development1186 Words   |  5 Pages In his book, The Age of Sustainable Development, Jeffery Sachs begins with the role of technological change in sustainable development. Sachs uses the Maglev in Shanghai as an example of how technological change can help with su stainable development. It improved transport services and energy efficiency, eventually enabling a shift to a clean low carbon system. Instead of being powered by finite resources such as coal or petroleum, the Maglev is powered by electricity. In most cases statesRead MoreSustainable Development : The Definition Of Sustainable Development1432 Words   |  6 Pagesterm sustainable development has gained a lot of attention, however, it has since been overused to a point of saturation where it has lost the influence it previously elucidated and become a jargon for developers and slogan for environmentalists. What does sustainable development mean? For years scholars have tried to define and articulate the concept of sustainable development which has led it to become an oxymoron of sorts. Over a century before the use of phrase sustainable development cameRead MoreSustainability, Protection And The Preservation Of The Environment Essay1409 Words   |  6 Pagesrealize that these resources aren’t unlimited and have started thinking about sustainability, protection and the preservation of the environment. Looking at the limited supply of natural resources and the increasing utilization due to the growing population and consumption, if we do not come up with a solution to this global environmental crisis, the over depletion of resources will be ongoing which will jeopardize the standard of living for future generations. Natural calamities, droughts, decreasingRead MorePromoting Environmental Stability For Poverty Reduction And Sustainable Development Essay1677 Words   |  7 PagesTopic 1: Promoting Environmental Stability for Poverty Reduction and sustainable Development Introduction In UNEP’s Global Trends in Renewable Energy Investment in 2016 report, they discovered that the developing world’s investment in renewable energy now accounts for more than 50% of all investments in renewable energies . As defined by the United Nations, sustainable development is â€Å"development that meets the needs of the present without compromising the ability of future generations to meet theirRead MoreThe world has undoubtedly been booming and has become more prosperous; however, growth has been600 Words   |  3 Pagesbecome more prosperous; however, growth has been inconsistent in the global scale. Tackling theses inconsistencies cannot be resolved by development alone, but consistent measures have to be taken. Unemployment and underemployment are at the core of poverty. Eradicating poverty altogether has been the ethical, social, political and economic goal. It can only be realized by taking a multidimensional approach combined with strategies and plans for the people living in poverty that meets their basic needsRead MoreTrade Liberalisation Always Provides Benefits Essay1668 Words   |  7 Pagesinequality and poverty still take place in nearly half of the world population, calling for new strategies or approaches from the existing trade treaties that could solve these basic problems. There have been dissenters to the view that trade liberalisation always provides benefits. Muhammad Yunus, a Nobel Peace Prize winner, assumed that income inequality was a murky reality from trade liberalisation, pointing ‘ninety-four percent of the world income goes to 40 percent of the population while sixtyRead MoreSustainable Growth and Economic Development1094 Words   |  5 PagesEconomic growth has been used with other terms such as development, modernization, westernization and industrialization. It is, in other words, a transition from a simple, low-income economy to a modern, high- income economy. Its scope includes the process and policies by which a nation improves the economic, political, and social well-being of its people. Though it is often measured by rate of change of gross domestic product, it is generally understood in terms of increase in per capita incomeRead MoreTourism Planning And Development Of Sustainable Development Essay1551 Words   |  7 PagesP olicy Planning and Development Relationship between Sustainability Development and Sustainability Tourism Planning Submitted by: Lance N. Peji Topic: Significance of environmental issues in the formulation of a Tourism Plan. Write on the key concepts and issues of sustainable development and show relationships between sustainable development and sustainable tourism planning. Introduction In this paper, it will focus on the key concepts and issues of sustainable development and showing the

Violence and Religion Essay - 582 Words

Violence is an ever present dark cloud that blots out the sun; a stifling hand over the mouth of the victims of society. The word violence, when looked up in a dictionary, has a list of varied definitions, and for a good reason. Violence comes in many different shapes and sizes. A definition that best covers the idea is: any act that show aggression or is intentionally done in the intent of hurting someone. Now this covers the idea of physical, emotional, and mental harm. Violence is a highly controversial idea that is one of the harder concepts to grasp relating to psychology and human nature It was once said by jiddu krishnamurti that â€Å"Violence is not merely killing another. It is violence when we use a sharp word, when we make a†¦show more content†¦On top of that 3 out of five murders, or attempted murders, are motivated by some form of sexual, physical, mental or emotional, violence or abuse. The problem with violence is that the human mind and body is easily har med. And all though physical violence is easily identified, other forms are not so easily recognized. Occasionally we are violent towards others without ever meaning to be. Discluding others from activities or ignoring individuals, may also be forms of violence towards the victim of these callous acts. One’s actions against another can be perceived in a multitude of ways. Some may take simple jests are hurtful remarks. For example if a stranger meets someone new and exchanges playful banter about ones appearance, the person could take offence to the comment and the playful banter could cause serious emotional damage; therefore, by not watching what one says, they have victimized this person. In order to prevent this issue, self restraint, and forethought must be used. Consider before you speak how a person might perceive your words. Pretend when you approach a situation that each and every one person could be your next columbine shooter. Each and every person has the potenti al to commit a murder of or other heinous violent crime. The potential is bred into us, in theory, through the first two humans Adam and Eve. Christians believe that when the fist sin was committed and Adam and Eve received the knowledge of good and evilShow MoreRelatedReligion : Abrahamic Religions And Violence2836 Words   |  12 PagesJacob Hane Ms. Houle English 9H-3 May 7th 2015 Abrahamic Religions and Violence On, February 25, 1994, an armed Israelite, Baruch Goldstein, entered into a mosque in Hebron and open fired into a group of Muslims during their holy month of Ramadan. Goldstein, baring a Galil assault rifle and training from the Israeli army, killed twenty-nine muslims and wounded countless others (Wiles). His actions later inspired riots throughout the streets of Hebron, which resulted in approximately sixty deathsRead MoreReligion As An Excuse For Violence1270 Words   |  6 Pagesall religions around the world are based on a belief. Almost every religion have certain rules and principles that order together within a society: Many people misunderstand and misinterpret the holy texts the Bible, Quran, Torah, and others fabricate. Religion is defined as faith to a higher being who one believes has created us. It has also been used as laws through history to stop the committing of crimes. In many religions, the consequences of breaking rules and regulations of the religion areRead MoreIslam : A Religion Of Violence1885 Words   |  8 PagesThe Refuting of Islam being born a Religion of Violence There are those in the world that maintain that Islam is a religion born of violence, but many scholars, including Timothy Rowe and William T. Cavanaugh, maintain that Islam was not a religion born of violence instead a religion that was born into a violent culture. This thesis by both scholars allows for the interpretation of Islam that looks not only at the actions of today, but also at the historical foundations of Islam from its birth inRead MoreIslam Is A Religion Of Violence1965 Words   |  8 PagesIn the article â€Å"Islam Is a Religion of Violence†, Ayaan Hirsi Ali discusses the long-debated question of whether Islam is a religion of violence or peace. Islamic terrorism was brought to the forefront of American and Western awareness on September 11, 2001 with the crash of the twin towers. More acts of terrorism committed by Muslims followed throughout the years in different parts of the world. To understand the cause of Islamic terrorism, Ali divides its adherents i nto three categories: the fundamentalistsRead MoreReligion and Violence Essay examples1081 Words   |  5 PagesConflict and violence is around us throughout the world and the mass media has made a huge impact of what we think of violence and the relation to religion, especially in the last couple of years. In addition violence has been considered as being part of human nature and comes from our biological structure of aggression. It is an out let for us to relieve stress levels and some believe that it can be a device of vengeance and a positive mechanism to human survival. For example it is a system forRead MoreViolence, Religion, Or Past Experiences1158 Words   |  5 PagesCulture violence intersect in many different situations both through direct and indirect contact. The two can be observed in multiple settings but I am going to focus on the violence that occurs within Intimate Relationships, particularly between a man and woman, and how women assume the role of the ‘ submissive’ partner. I will talk about how different cultural feelings, religions and exposure to intimate partner violence can be an example of culture and violence intersecting by observing the threateningRead MoreReligion As A Primary Force Of Violence1762 Words   |  8 Pagesmodern society consider themselves a certain religion. Within this religion they believe that all human beings who are apart of that religious community are sacred, in and of themselves, because they share a specific fundamental set of beliefs and practices as well as worship the same God. It can be argued according to Mark Juergensemeyer, author of â€Å"Terror in the Mind of God.† that religion has a natural affinity to violence. That is why, even though religion began the division of humankind, the religiousRead MoreBuddhism : A Religion Of Peace And Non Violence1185 Words   |  5 PagesNirvana. Even though there are many sects of the Buddhist faith, this essay focuses on the shared peac e practices and beliefs Buddhism promotes, especially the concept of inner peace through reflection. Buddhism is known widely as a religion of peace and non-violence, though there are outlying examples contrary to the point such as Sri Lanka, Myanmar, Thailand, and etc., the concept of achieving inner peace and living harmoniously no matter what views one has can promote a positive society. Read MoreReligion And Violence Is Currently One Of The Most Recurrent1623 Words   |  7 PagesReligion and violence is currently one of the most recurrent themes authors write about due to the numerous terrorist actions that consistently occur. These incidents raise multiple questions that the authors of the articles tried to answer by treating different aspects that intersect with religion and violence such as politics and terrorism. The authors of these articles share a lot of ideas and assumptions while simultaneously disagree on others and try to explain certain aspects differentlyRead MoreThe Role Of Politics, Religion, And Violence In The Metamorphoses By Apuleius1828 Words   |  8 Pagesthe roles of politics, religion, and violence during this era by to uncover how each played into shaping life and society in ancient Mediterranean civilization. Violence has been a mainstay in humanity for as long as it has existed, and it manifested itself in ancient Mediterranean history in a variety of ways. In the ancient world, especially, violence was both brutal and ubiquitous. It was how empires were forged and it was how they fell. It is worth noting that violence in this time was almost

Survey ask 5 drivers about their knowledge Free Essays

What would you consider are outside and inside distractions while driving? Brian: inside is cellphone, radio, food, conversations, and kids. The outside distractions are, an accident on the road, construction, and any thing that catches interest. Ben: outside would be weather, advertisements, nice cars. We will write a custom essay sample on Survey: ask 5 drivers about their knowledge or any similar topic only for you Order Now Inside would be passengers, radio or phones or anything that involves music, also changing car settings like heat and AC. Meg: cell phone, conversations, food, makeup. Out side there are ads, other people, and the weather. Alexandra: In: cell phone, kids, dogs, food, Out: ads, other drivers, pedestrians, and animals Henry: outside there is advertisements, cars, really nice cars, homeless people, working people, running women, but inside there is the radio, heat, the dials, and passengers. Question #2: What would you do when approaching a traffic light that is flashing amber? Brian: slow down, and proceed with caution. Ben: slow down, proceed with cation and be alter for things out of the ordinary or onstruction. Meg: proceed with caution. Alexandra:slow down as much as possible, and proceed with caution. Henry: slow down, look around for any dangers, and continue with caution If one does not slow down, they may cause an accident with others that have, proceeding with caution is best advised, due to possible risks that may lay ahead. Question #3: When driving on a highway at 80 km/h the safe following distance is _. When would you increase this distance? Brian: two car lengths, at least. The space should be increased when the weather onditions are abnormal Ben: I would stay 3 seconds behind the car I front of my and increase that distance if I see anything a head that could be problematic like a merge lane, accident, construction Meg: three seconds approximately, but if the weather is bad, construction, or if there is traffic the space is increased. Alexandra: three seconds when the weather allows such. The time should be increased during rain, snow, ice and fog. Henry: 3-4 seconds, but increased when roads are slippery and/or wet, there is fog, and when it is snowing. If the following distance is not increased on highways when required, an accident may occur. The driver is putting him/her self in danger by not considering the adverse weather conditions, construction, and accidents. Question #4: What would you say are things that other drivers do that annoy you? Brian: tailgating, driving with your high beams on, texting, wearing headphones, not shoulder checking, and no signal usage. Ben: my number one most annoying thing that other cars do is not signal. Meg: when people cut me ott, or when they dont signal. It also bugs me when they’re to busy talking on their blue tooth to pay attention to what is happening around them. Alexandra: not signalling and cutting me off really gets me angry. Henry: women thinking that they can apply makeup while driving, tailgating, texting and not signalling, I believe that in order from most dangerous to least dangerous, these annoying actions are as listed: not signalling 2 texting 3 cutting off 4 tailgating 5 high beams 6 not shoulder-checking 7 talking on phone/blue tooth 8 make up How to cite Survey: ask 5 drivers about their knowledge, Papers

Energy Economics and Financial Analysis

Question: Discuss about the Energy Economics and Financial Analysis. Answer: Introduction The reported paper reviews the impact of falling coal prices on the global economies considering the demand and supply of the fossil fuel. Under the current circumstances, due to sluggish demand, drop in global consumption and falling crude oil prices have forced the prices of the fossil fuel to as low as $62 per metric ton in 2014-15 (Thurber and Morse, 2015). The weakening demand from the largest exporters and the global economic growth situation has significantly contributed to the falling prices of coal. Moreover, the paper has identified the critical reasons for the falling coal prices analysing the fundamentals of demand and supply of the commodity (Giraud, 2009). Also, the notable impact of declining coal prices on the coal importing, exporting and massive coal producing economies has been discussed herein providing supportive evidence (Roseman, 2009). Additionally, the impact of the falling prices of the fossil fuel of global industries has been identified showing proper argu ment. Reason for the falling price of Coal Several reasons have been identified that results in the falling price of coal in the international market. It has been found that all of these factors impacts that the demand and supply of the product that further results in the fall of price over the global market (Rademacher, 2008). The major reasons that have resulted in the falling price coal ate presented below: Reduction in the use of coal: A reduction in the use of coal can be evident with the development of bio-fuels and other less polluting fossil fuels (Rademacher, 2008). Furthermore, the increased use of electricity to run large furnaces and motors has resulted in the fall in demand for coal in the global market. Political issues: The political uncertainties have resulted in the fall of price in the coal industry in Australia. It can be seen that the changes in the taxation policy and price floor policy of the Australian Government has highly impacted the demand and supply of coal in the market (Heilmann, Saarenketo and Liikkanen, 2013). Environmental pollution: Environmental pollution has been a primary factor for the fall of demand and price of coal in the international market. It can be seen that there are several alternatives are create less pollution as compared to coal which have replace the commodity in the international market (Power and Brunt, 2007). Hence, it is a major factor for the fall of coal price in the Australian as well as international market. Economic Factor: It has been evident through survey that mining of coal is quite uneconomic as compared to other fossil fuels (Heilmann, Saarenketo and Liikkanen, 2013). It has resulted in financial losses of market leaders that made them increase the price which has resulted in a negative fall in the demand. It can be seen from the above analysis that every factor resulting in the fall of the coal price, primarily impacts the demand and supply of the commodity (Power and Brunt, 2007). It can be said that the current factors in the global market has resulted in the fall in the quantity demanded of coal and increase in the quantity supplied (Heilmann, Saarenketo and Liikkanen, 2013). Hence, the shift in the demand and supply curve has resulted in the fall of the price. A graphical explanation is given below: Figure: Demand and Supply of Coal Source: (Ravindra and Iyer, 2014) It can be seen from the above diagram that the demand curve shifts from D1 to D2 because of the fall in the quantity demanded of coal in the global market. On the other hand, the supply curve shifts from S1 to S2, resulting in an increase in quantity supplied (Ravindra and Iyer, 2014). Hence, the equilibrium price P1 to P2 keeping the quantity demanded constant at Q1 or Q2. The effect of falling price of Coal on the economies Impact on huge coal importing countries such as Japan The falling coal prices can be identified as one of the most inspiring economic events as the power-sector of Japan will revive from a decline situation. Under the current scenario of weak economic growth, the electricity demand in Japan declined by 2.7 percent in 2015. Meanwhile, the power sector transformation of Japan is leading to biggest coal imports at the cheapest rate. The weak prices of coal have influenced the thermal coal imports in 2015. Due to the increase in demand, the thermal coal imports rose by 4.8% to a record high of 114.145 million tonnes in 2015 (Buckley, 2016). Notably, in 2014-15 financial years, the price of coal was down to as low as $62 per metric ton due to sluggish demand and the slump in crude oil prices. As a result of the falling prices of coal, the Institute of Energy Economics Japan has predicted that the imports of LNG will be expected to decline to a record low of 79.6 million tonnes (Tsukimori and Sheldrick, 2016). Apparently, the slump in coal pr ices will improve the economic growth structure of Japan. Impact on massive coal exporting countries such as Indonesia The recent downward movement of coal prices have created significant economic issues for Indonesia as the exports of coal has significantly declined massively. Currently, Indonesias coal production industry is going into a deep turmoil as the ramping up production of coal has put the economy of the country in danger. In 2014, Indonesia, the worlds biggest exporter of the fossil fuel, shipped 410 megatonnes of coal to the neighbouring countries notably India and China (Coca, 2016). But, due to the global price fall of coal, shipments to China have been declined by 49% in 2015. The outlook of coal export is looking worse than ever in the next couple of years as well (Guay, 2014). As a result of the consequences, the coal-mining corporations of Indonesia are shutting down production demanding public subsidiary. Undoubtedly, the slump in the coal prices has affected the GDP growth of the country as the coal-mining industry has suffered massive losses due to decline in export of the fossi l fuel. Impact on countries with huge production and consumption such as China The slump in the coal prices has triggered a significant decline in coal production in China for the first time in last fourteen years. As the supply of coal exceeds demand, one of the largest coal producer and consumer of the fossil fuel, China has forced to put a break on coal production. According to the data released by the National Bureau of Statistics of China, in 2015, the coal production of the economy has been declined by 2.5% to 3.87 billion metric ton. Similarly, the consumption of coal prices has been reduced by 2.9% due to sluggish economic growth (Yang, 2016). Clearly, the demand, supply and pricing scenario of global coal market has indicated towards the massive fall of the coal industry in China creating issues of unemployment and economic debt situation (Liu, Margaritis and Zhang, 2013). The effect of falling price of Coal on the business or industry The businesses/industries likely to benefit from the fall of coal price The falling price of coal has primarily benefited the industries or businesses that use coal on regular basis. The major industries include steel producing firms, iron-ore factories, electricity production companies and businesses that required large furnaces that consume a huge amount of coal. These business or industries are benefitted because the fall in the price of coal results in the fall in the cost of production (Coca, 2016). Furthermore, the fall in the production cost increases the profitability of the firms. Hence, it can be said that the industries or businesses that uses coal in their daily production process are mainly benefited due to the fall in the coal prices over the global market (Soderbery, 2015). The businesses/industries likely to lose out from the fall of coal price Now, considering the negative side, it can be seen that the businesses or industries that deals with coal production and supplies coals in the overseas market are estimated to make a high amount of loss from the fall of coal price in the international market. The primary coal producers of Australia like Anglo Coal Australia Ltd, BMA Mines, Hunter Valley Energy Coal, BHP Billiton and Centennial Coal Company Ltd are likely to face a huge loss from the falling price of coal (Coca, 2016). It has been found that the fall in the price of coal has resulted in falling profitability of the firm. It has been found that in the recent years, several coal producing companies have shut down their production due to the immense losses (Soderbery, 2015). Hence, it can be seen that the coal producing businesses or coal industry of Australia is highly impacted by the falling price of coal. Conclusion The reason for declining prices of coal is quite significant considering the global economic situation and sluggish demand of the commodity. Meanwhile, environmental sustainability is another standpoint to avoid coal in the development of industries. Understandably, the massive coal importing economies such as Japan has utilised the opportunity for the development of the power sector transformation supporting the economic growth. Conversely, large-scale coal exporters such as Indonesia have faced significant headwinds due to falling prices of coal. In the meantime, economies such as China has found the condition more challenging as the production and consumption of the fossil fuels have seemed to be declining for the first time in a long time forcing unemployment and economic debt condition. Conclusively, on the basis of industrial development, power sector industries are significantly got the advantage whereas the coal-mining industry has faced unmanageable headwinds. References Buckley, T. (2016).As Japans Electricity Sector Evolves, Signs Its Coal Dependency Will Wane - Institute for Energy Economics Financial Analysis. [online] Institute for Energy Economics Financial Analysis. Available at: https://ieefa.org/as-japans-electricity-sector-evolves-signs-its-coal-dependency-will-decline/ [Accessed Sep. 2016]. Coca, N. (2016).Indonesia's coal addiction reaches new heights. [online] Southeast Asia Globe Magazine. Available at: https://sea-globe.com/19553-2-coal-indonesia/ [Accessed Sep. 2016]. Giraud, P. (2009). International coal prices.Natural Resources Forum, 13(4), pp.330-332. Guay, J. (2014).Coal Exports Are Dragging Down Indonesia's Economy -- Is the US Next?. [online] Huffington Post India. Available at: https://www.huffingtonpost.in/entry/coal-exports-are-dragging_b_4987403 [Accessed Sep. 2016]. Heilmann, P., Saarenketo, S. and Liikkanen, K. (2013). Employer branding in power industry.Int J of Energy Sector Man, 7(2), pp.283-302. Liu, M., Margaritis, D. and Zhang, Y. (2013). Market-driven coal prices and state-administered electricity prices in China.Energy Economics, 40, pp.167-175. Power, C. and Brunt, B. (2007). The role of industry associations in stimulating economic development: A case study of the information and communication technologies sector in Cork.Irish Geography, 40(2), pp.184-199. Rademacher, M. (2008). Development and perspectives on supply and demand in the global hard coal market.ZS Energ. Wirtsch., 32(2), pp.67-87. Ravindra, K. and Iyer, P. (2014). Decentralized demandsupply matching using community microgrids and consumer demand response: A scenario analysis.Energy, 76, pp.32-41. Roseman, E. (2009). Best Practices for Encouraging Private Sector Investment and Competition in the Power Industry.The Journal of Structured Finance, 5(3), pp.15-25. Soderbery, A. (2015). Estimating Import Supply and Demand Elasticities: Analysis and Implications.SSRN Electronic Journal. Thurber, M. and Morse, R. (2015).The global coal market. Tsukimori, O. and Sheldrick, A. (2016).As Japan's oil, gas, power use stalls, coal imports hit new record. [online] Reuters UK. Available at: https://uk.reuters.com/article/uk-japan-energy-demand-idUKKCN0V30N6 [Accessed Sep. 2016]. Yang, J. (2016).China Oil, Coal Output Decline Signals More Imports to Come - Bloomberg. [online] Bloomberg.com. Available at: https://www.bloomberg.com/news/articles/2016-07-15/china-s-oil-coal-output-slides-in-sign-of-more-imports-to-come [Accessed Sep. 2016].

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Uncitral Model Law Essay Pepperdine Dispute Resolution Law Journal Volume 3 | Issue 3 Article 5 4-6-2012 UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly Robert N. Dobbins Follow this and additional works at: http://digitalcommons. pepperdine. edu/drlj Part of the Commercial Law Commons, Dispute Resolution and Arbitration Commons, International Law Commons, International Trade Commons, Legislation Commons, Other Law Commons, and the Remedies Commons Recommended Citation Dobbins, Robert N. 2003) UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly , Pepperdine Dispute Resolution Law Journal: Vol. 3: Iss. 3, Article 5. Available at: http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 This Article is brought to you for free and open access by the School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Dispute Resolution Law Journal by an authorized administrator of Pepperdine Digital Commons. For more information, please contact Kevin. [emailprotected] du. Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly Robert N. Dobbins As has often been the case for this virtually unsung Commission of the United Nations, with little fanfare outside the United Nations earlier this year the General Assembly formally adopted the Model Law on International Commercial Conciliation (the Model Law) created by the United Nations Commission on International Trade Law (UNCITRAL; also the Commission). We will write a custom essay sample on Uncitral Model Law specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Uncitral Model Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Uncitral Model Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Readers should not misconstrue the quietude as something indicative of insignificance. The Model Law is landmark legislation in this age of globalization, providing a solid foundation on which UN Member States and businesses can build international commercial relationships with the comfort of knowing that they can control the outcome of the inevitable future disputes. By no means a Pulitzer Prize winner, for those interested enough to inquire, the story of the creation of the Model Law is remarkable. The purpose of this Note is to give a snapshot of how, what began in the shadow of Arbitration as a possible work topic considered by the Commission . . . Conciliation, in the space of two and one-half years be- came the Model Law. As a secondary and intentional focus of this note, this author (conceding his own bias) hopes to allow the Secretariat of UNCITRAL to enjoy its well-deserved moment in the spotlight for its monumental efforts in the creation of the Model Law. In the first section of this Note, we will review the structure of the Secretariat the working arm of the Commission. Here we will also examine the Working Group the representatives of Member States and Non-Government Organizations (NGOs) who helped to craft the wording and the spirit of the Model Law. The second section will discuss some of the background to the actual process by which the Model Law went from the Commissions suggested 1. Report of the Working Group on Arbitration on the Work of Its Thirty-Second Session (Vienna, 20-31 March 2000), United Nations Commission on International Trade Law A/cn. 9/ 468 (10 April 2000) [Working Group Report 468J. Produced by The Berkeley Electronic Press, 2003 1 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 work topic to approval by the General Assembly. In this section we will begin with a short introduction to the concept of a model law a uniform legislative text intended as a tool for stabilization in its assigned subject. We will also consider the shadow of arbitration from which the Model Law emerged and can be recognized as covering a subject conciliation wholly distinguishable from arbitration. In the third section, we will explore the evolution of the Model Law. We will follow the progress of what began as a possible topic for consideration and, after extensive debate, negotiations, and redrafting, found its way to the final draft. We conclude in the fourth section with a discussion of the final draft how, in one and one-half years, the Secretariat and the Working Group had developed the Model Law and readied it for delivery to the Commission. This section ends with the words of the General Assembly acknowledging the Commissions remarkable achievement as it adopted the Model Law. I. THE SECRETARIAT AND THE WORKING GROUP: WHERE THE WORK GETS DONE Based in the magnificent city of Vienna, Austria, the Secretariat is the hard-working arm of the Commission responsible for taking from idea to fruition the concepts identified by the Commission as important to international trade law. The Secretariats under-staffed senior lawyers from 2 several different countries, taking directions from the Working Groups, prepare the draft provisions and working paper reports for the Working Group. The Secretariat also delivers the Report of the Working Group to the Commission. The Commission entrusted the work on the Model Law to the Working Group on Arbitration (which later became the Working Group on Arbitration and Conciliation [the Working Group]) with directions to the Secretariat to prepare the necessary documentation. Besides the Secretariat, the Working Group participants occupy three tiers: States Members of the Commission; 3 States observers; 4 and, observers from interna2. With apologies to the Secretariat for what may appear to be short shrift, a full discussion of its valuable service is beyond the scope of this note. As of this writing, the Secretariat oversees six Working Groups, including Arbitration and Conciliation: Publicly Financed Infrastructure Projects; Transport Law; Electronic Commerce; Insolvency; and, Security Interests. 3. At its inception, these were: Austria, Cameroon, China, Colombia, Egypt, Finland, France, Germany, Honduras, India, Islamic Republic of Iran, Italy, Japan, Lithuania, Mexico, Nigeria, Russian Federation, Singapore, Spain, Sudan, Thailand, United Kingdom of Great Britain and Northern Ireland, and the United States of America. ttp://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 2 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL tional organizations. 5 The Working Group met twice annually, once in Vienna and then in New York City. 6 The meetings are conducted quite formally: a Chair and Rapporteur are elected, an agenda adopted, and discussion among Working Group participants i s conducted by recognition from the Chair. Sessions are conducted in English with real time translations into French, Russian, Chinese, Arabic, and Spanish. All proceedings are recorded, except for the frequent and fascinating behind-the-scenes discussions held off the record. At the end of each days session, the Secretariat prepares comprehensive working paper reports of the proceedings, presents the reports to the translators, and has the reports ready for distribution before the next mornings session begins. Boiled down to their essence, the working paper reports state the proposed legislative provisions, including alternative wording, and reflect the Working Groups deliberations and conclusions had during the session regarding each provision and alternative. 7 The report serves as the starting point for the next days session, and the basis for the final report produced at the end of the two-week session. THE CONCEPT OF A MODEL LAW Before we examine the evolution of the Model Law, a brief explanation of the concept of a model law is useful. The term refers to a form of legislative text. The text is designed so that it can be adopted in total, without modification, by Member States legislatures, at which point it 4. The States Members sit on a rotating basis and, when not represented on the Commission, rotate into observer status. These were originally representatives from: Argentina, Canada, Costa Rica, Cuba, Czech Republic, Denmark, Indonesia, Lebanon, Morocco, Netherlands, Peru, Poland, Portugal, Republic of Korea, Rwanda, Saudi Arabia, Slovakia, Sweden, Switzerland, Turkey, Ukraine and Venezuela. . Though no less active participants, the NGO-observers were: Economic Commission for Europe; NAFTA Article 2022 Advisory Committee; Permanent Court of Arbitration at the Hague; Cairo Regional Centre for International Commercial Arbitration; Chartered Institute of Arbitrators; International Chamber of Commerce (ICC); and the International Federation of Commercial Arbitration Institutions. 6. Most likely attributable to budge t constraints, the Working Group now meets only once per year. 7. For an example of this, go to www. uncitral. rg, click on travaux preparatoires,click on UNCITRAL Model Law on International Commercial Conciliation, scroll down to Working Group Reports, then click on any or all of the four that are listed. Produced by The Berkeley Electronic Press, 2003 3 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 would become the law of that State; hence the term model. The legislative provisions are crafted so that they can be adapted to fit within the Member States legislative and procedural framework. It can also be referred to in commercial contracts as the law to be applied in the event of a dispute. The underlying philosophy is to afford stability and advancement of international commerce through uniformity. 8 II. IN THE SHADOW OF ARBITRATIONP If you have been with us since the beginning of this note, you have twice read the phrase in the shadow of arbitration. Given its importance to the evolution of the Model Law, let us set this phrase in context. As noted above, the Working Group began as the Working Group on Arbitration. The States Members, States and NGO observers are, in large part, those who created the globally recognized and highly respected UNCITRAL Model Law on International Commercial Arbitration. The Commissions view that conciliation may be merely an extension of international arbitration was apparent. It was thought that, the initial Commission Report states, even if ultimately no new uniform text would be prepared, an in-depth discussion by delegates from all major legal social and economic systems represented in the Commission, possibly with suggestions for un iform interpretation would be a useful contribution to 0 the practice of international commercial arbitration. 1 This arbitration shadow both fostered and framed the debate on the Model Laws provisions. Fortunately, Working Group participants comments made on and off the record provided continuing reminders that conciliation is and must be treated as a process fundamentally distinguishable from arbitration. 8. International commerce contemplates State-to-State transactions, State-to-private business transactions, and business-to-business transactions. In the right situation, the term can include business-to-consumer transactions. Each type of transaction occurs in the international arena, the term international ultimately being defined in the Model Law (see Article 1). 9. To review the Arbitration Model Law, go to www. uncitral. org, click on approved text, then click on UNCITRAL Model Law on International Commercial Arbitration. You can also find there the Guide to Enactment, which discusses the letter and spirit of the model legislation. Note also, for examples, the NGO observers and the head of the United States delegation Howard Holtzman, considered to be an icon in (if not a founding father of) international commercial arbitration. 10. Working Group Report 468, supra, note 1. http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 4 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL III. THE MODEL LAW EVOLVES We have a snapshot of the Secretariat and have been exposed to the make up of the Working Group. We have a notion of the concept of a model law and an understanding that the Model Law emerged from the shadow of arbitration. Let us look now at the Model Laws evolution. As a foundation for its considerations, the Working Group acknowledged the growing use of conciliation as a process of choice for resolving commercial disputes. Intending conciliation and mediation as synonymous terms, the Working Group confirmed . . . that the use of such non- contentious methods of dealing with disputes deserved to be promoted and that the work of the Commission in the area should be geared to such promotion. They also wanted the picture of conciliation to be painted with the broadest brush to encompass an array of proceedings where the parties sought assistance from an independent and impartial third person to help the disputants reach an amicable settlement. Confirming that the process contemplated was a non-binding method of dispute resolution, the Working Group recognized that procedural techniques used to facilitate settlement and the expressions used to refer to the proceedings (for example, mediation) may differ. Whatever the form of text to be prepared (legislative or non-legislative), and by whatever name the process might be called, the consensus was to limit the context to commercial disputes. Similarly, the Working Group was clear that the overriding proposition throughout their deliberations was that party autonomy throughout the dispute resolution process was paramount. The Working Group had as a backdrop the previously-adopted UNCITRAL Conciliation Rules. 2 Though more procedural, the Conciliation Rules provided a frame of reference for the Working Groups substantive considerations as it began development of the Model Laws structure. At the outset, concerns were raised regarding confidentiality of information disclosed by the parties during the proceeding. Couched in terms of admissibility of certain evidence in subsequent judicial or arbitral proceedings, the Working Group recognized this fundamental aspect of con11. Id. 12. UNCITRAL Conciliation Rules (1980); Resolution 35/52 Adopted by the General Assembly on 4 December 1980. Produced by The Berkeley Electronic Press, 2003 5 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 ciliation. Their aim was to prevent a spillover of information into subsequent judicial or arbitration proceedings. As to cases where the parties have not agreed on a rule [governing confidentiality] the Working Group suggested, . . . he model provision should state that it was an implied term of an agreement to conciliate that the parties undertook not to rely in any subsequent arbitral or judicial proceedings on evidence of the types of facts to be specified in the model provision. 3 In their initial considerations, the Working Group was also concerned with issues relating to the role of the conciliator: could she subsequently serve as arbitrator, as a party representative in a subsequent proceeding, or as a witness in a later dispute? Other topics viewed as important included questions relating to enforceability of settlement agreements reached in conciliation; whether it was appropriate for a sitting arbitrator to assume a role of conciliator during the arbitration; what effect would proceeding with conciliation have on the running of limitation and prescription periods; should provisions be made that would treat conciliation agreements as binding; and, were there guiding principles of conciliation proceedings that needed to be articulated in any uniform provisions. There was also concern raised over whether the Working Group should attempt to draft a conciliators code of ethics . . . to build confidence in the conciliation process by distilling issues 4from the best traditions and openly enunciating standards of practice. Lest we lose sight of where we are, the preceding discussion in this section addressed only the starting point for the Working Group as of March 2000. As of this writing, we are a mere three years later, with the Model Law having been approved by the Commission and adopted by the General Assembly. When the Working Group met in March 2000, the Secretariat had not yet been given the task of beginning the draft legislative provisions. Working Group sessions only occurred approximately every six months, and the final draft of the Model Law was agreed upon in November 2001. In other words, in three sessions over a year and a half, the Working Group and the Secretariat met its Herculean challenge of creating the Model Law. To put this in context, after the March 2000 session, the Secretariat commenced drafting the initial legislative provisions. Over the ten days of the next Working Group meeting six months later, they debated the draft provisions, directing the Secretariat to make changes, additions, deletions, 13. 14. Working Group Report 468, supra note 1. Id. http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 6 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL and providing insight into the philosophical and practical thinking upon which the provisions were based. The Secretariat then had only another six months to re-draft and have ready well in advance of the next Working Group meeting the working paper containing the revised provisions and the detailed discussion of the basis upon which these provisions were created. Moving forward to March 2001, again, a ten day extensive debate; again, daily preparation of reports; and again, a Report prepared by the Secretariat and adopted by the Working Group reflecting the progress on what had become apparent would be UNCITRALs next model law. In case the reader may think this authors use of the term Herculean was a bit melodramatic, let us not forget the Secretariats and Working Groups task. Think about it a moment: we are dealing with a concept neither generally recognized, understood, nor accepted as a means of resolving international commercial disputes. Working Group participants represent constituencies with as broad and diverse perspectives and experiences as are found in the global marketplace. On one end of the spectrum is the developing Third World Country, with little if any stabilized legal system let alone alternative dispute resolution procedures; on the other end, are the dominant and sophisticated economies of the US, the UK, and others. And, let us not overlook the impact of the NGOs perspective, and the influence from the shadow of arbitration. More than 50 participants trying to create a universally acceptable and uniform Model Law governing international commercial conciliation; melodramatic or not, the task was Herculean. The final version of the Model Law restructured, consolidated and removed provisions found in the first draft. 5 Party autonomy throughout the process continued to be a dominant theme. The development of confidentiality and the role of the conciliator reflected the importance to the Working Group of these two aspects of the Model Law. Refinements were made to assure a clear understanding of the concept of internationality, to guide the parties in their effort to determine the place for the conciliation proceeding, and to provide an expansive definition of conciliation to assure the broadest application of the Model Law. Significant debate was 15. For a more comprehensive review of the development of the final draft, see the Report of the Working Group on the Work of Its Thirty-Fifth Session; UNCITRAL document A/cn. 9/ 506. Produced by The Berkeley Electronic Press, 2003 7 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 had on provisions designed to address the enforceability of settlement agreements borne of the conciliation. The Working Group had extensive discussions on the issue of if and how a conciliation would effect the running of the statute of limitations. In continued deference to assuring that parties control the conciliation process, provision was made for them to vary or exclude portions of the Model Law. Extensive discussion, drafting and re-drafting were had to address concerns about the use of information obtained during a conciliation in subsequent proceedings. And if there was not enough drafting and debate going on, the Secretariat, at the behest of the Working Group, also prepared its Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Conciliation. Finally, the Secretariat and the Working Group were ready for the final push. IV. THE FINAL DRAFT, ADOPTION BY THE COMMISSION THE IMPRIMATUR OF THE GENERAL ASSEMBLY The on-the-record debate is concluded, the discussion in the hallways and the quiet negotiations over lunch, dinner, cocktails are behind them, and the final draft Model Law meets the approval of the Working Group at the end of its November 2001 session. To get there, a drafting group met daily, often-times more than once and into the evening, working with the Secretariat to formulate language for the various provisions to be considered by the Working Group. During the time leading up to the eventful November session, the Secretariat prepared the draft Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Conciliation. As stated in its preamble, this comprehensive document was created as background and explanatory material. In large part derived from the travaux preparatoires, [t]he Guide explains why the provisions in the Model Law have been included as essential basic features of a statutory device designed to achieve the objec6 tives of the Model Law. 1 The Guide states, In preparing and adopting model legislative provisions on international commercial conciliation, the .. .Commission was mindful that such provisions would be a more effective tool for States modernizing their legislation if accompanied by background and explanatory information. The Commission was also aware of the likelihood that the model provisions would be used in a number of States with limited familiarity with conciliation as a method of dispute settlement. Primarily directed to executive branches of Governments 16. Draft Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Conciliation; A/cn. 9/514 (27 May 2002). http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 8 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL and legislators preparing the necessary legislative revisions, the information provided in this Guide should also provide useful insight to other users of the text, including commer7 cial parties, practitioners, academics and judges. Prepared by the Secretariat, the Guide discusses issues left unsettled in the Model Law, recognizing that some provisions may need modifying to conform the Model Law to particular legal traditions and nuances of a State contemplating adoption of the Law. Following the Working Groups approval of the language for the final draft Model Law and the Guide to Enactment and Use, the Secretariat set upon the task of preparing the final Report o f the Working Group the vehicle by which the Model Law would be presented to the Commission. This included preparing the Compilation of comments by Governments and International Organizations, 18 these comments having been received after the Secretariat circulated the approved Draft Model Law. In June 2002, the Commission approved and adopted the Model Law and Guide to Enactment and Use as submitted in the Secretariats Report. From there, the Model Law found its way to and surmounted its last hurdle adoption by the General Assembly. At its 5 2 nd Plenary Meeting, 19 November 2002, the General Assembly adopted the following resolution, to which was annexed the approved Model Law: The General Assembly, Recognizing the value for international trade of methods for settling commercial disputes in which the parties in dispute request a third person or persons to assist them in their attempt to settle the dispute amicably, Noting that such dispute settlement methods, referred to by expressions such as conciliation and mediation and expressions of similar import, are increasingly used in international and domestic commercial practice as an alternative to litigation, Considering that the use of such dispute settlement methods results in significant benefits, such as reducing the instances where a dispute leads to the termination of a commercial relationship, facilitating the administration of international transactions by commercial parties and producing savings in the administration of justice by States, 17. 18. Id. UNCITRAL document A/cn. 9/513 Produced by The Berkeley Electronic Press, 2003 9 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 Convinced that the establishment of model legislation on these methods that is acceptable to States with different legal, social and economic systems would contribute to the development of harmonious international economic relations, Noting with satisfaction the completion and adoption by the United Nations Commission on International Trade Law of the Model Law on International Commercial Conciliation, Believing that the Model Law will significantly assist States in enhancing their legislation governing the use f modem conciliation or mediation techniques and in formulating such legislation where none currently exists, Noting that the preparation of the Model Law was the subject of due deliberation and extensive consultations with Governments and interested circles, Convinced that the Model Law, together with the Conciliation Rules r ecommended by the General Assembly in its resolution 35/52 of 4 December 1980, contributes significantly to the establishment of a harmonized legal framework for the fair and efficient settlement of disputes arising in international commercial relations, 1. Expresses its appreciation to the United Nations Commission on International Trade Law for completing and adopting the Model Law on International Commercial Conciliation, the text of which is contained in the annex to the present resolution, and for preparing the Guide to Enactment and Use of the Model Law; 2. Requests the Secretary-General to make all efforts to ensure that the Model Law, together with its Guide to Enactment, becomes generally known and available; 3. Recommends that all States give due consideration to the enactment of the Model Law, in view of the desirability of uniformity of the law of dispute settlement 9 procedures and the specific needs of international commercial conciliation practice. CONCLUSION The Model Law, as amplified by the Guide, gives testimony to the vision of the Commission, the Working Group and the Secretariat. The use of dispute resolution processes that empower the parties to find their own settlement especially conciliation or mediation is rapidly ascending. What this author has tried to do in this Note is give the reader a glimpse of development of the Model Law groundbreaking legislation of international magnitude that fundamentally contributes to stability in the global marketplace. It seems appropriate to conclude with the words from the presiding legal officer of the Secretariat. When asked about the Model Law, Jernej Sekolec commented, The UNCITRAL process provides universal applicability. The Model Law is prepared and approved by consensus of representatives from across the spectrum. In part, this makes the Model Law significant in international commercial dispute resolution. 19. Resolution adopted by the United Nations General Assembly; document A/res/57/18.

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Personal Plan Proposal | Leadership

Personal Plan Proposal | Leadership Personal development plan for a leadership would be to recognize areas for further development and encourage lifelong learning. It acts as a process of empowerment, self-assessment mentoring, continued renewal, role modeling, positive attributes, networking, and improvement on weaknesses. The proposed plan process describes how leader should lead by having the above mentioned skills to lead affectively. and support to help staff develop their capabilities. I would reinvent as nurse leader who is innovative by possessing the following abilities such as; self-assessment, empowerment, mentor, continued renewal, role modeling, positive attributes, networking and improvement on weaknesses (Bleich Kasiak, 2007). By having these trades will assist in support the staff to develop their capabilities and gain to be an efficient leader. I have never thought of myself as leader but I have been told that I possess the skills. The thought of being a leader sometimes alarms me because of all the stress, headache, which I have heard and seen managers or leaders complaining about their job is never ending. But to be a great leader one must develop these characteristics to lead others which are the followings; Empowerment, delegate and encourage staff members to take responsibility. Mentor, give staff advice, guide, train, coach. Role model, set positive example for others to follow, give advice to develop leadership. Net working, is to maintain a positive relationship with other managers or staff. Self-assessment, of the self as a leader which will help measure the progress overtime. Continued renewal, consider the concerns of staff members and patient care. Positive attribute, as a leader one must possess an important element which is compassion. Improve on weakness, such as time management, multitask (ex. I sometimes pick up where others leave off. Picking up the slack in the workplace). Show how a weakness can be turned into strength. I am happy to be a nurse and l like the way people responds to me when I tell them I am a nurse. Nurse empowerment as both individually and as a profession can be achieved. The fact that nursing has traditionally been thought of as a profession for only women but that has changed more men are nurses now than before (OGrady Mallock, 2003). The nursing profession has changed dramatically. There are so many opportunities for nurses now then before they can be political workers, publicists, journalists, speakers, researchers (Fitzgerald, T., 2000). Weve expanded into so many different avenues. Since I became a nurse has helped me to have the vital critical thinking and decision making skills in doing my patient cares. Studies have been done at national level in recent years have asked nurses what factors supported to their job satisfaction. In general the most important factors reviewed were research on each of the following factors contributed to job satisfaction are the, productivity, burnout, turnover rates, and, empowerment (Fletcher, 2001). Power is demonstrated as much by the attitude that one project as it is by the tasks that one perform. Some self analysis may be in order in terms of the attitude and image that you portray. It is import to act in professional manner but it is also important to look professional. Even dirty shoes and long acrylic nails can give the impression to others that we dont take ourselves very seriously in the regard. Power sometimes comes from others so it may be helpful to make connections. The truth is that sometimes who you know rather than what you know is important. Use the grapevine may or may not be accurate, so also do some investigation on your own. Make these connections for positive reasons and in a careful manner, such as to assist in your professional growth, rather than to win power or take power from someone else. Avoid confrontation, as it rarely helps anyone. Power without respect is hollow. We dont need to see o urselves as victims. We complain to each other about how bad our jobs are and how nursing is not what we thought it would e. It doesnt have to be that way. We can increase our involvement in our workplace whenever possible. We can continue to observe our environment, gather information and contribute whatever we c can to make improvements. We can be a visible presence in the workplace, networking with others and asking questions. We can continue to practice professional ways to communicate our thoughts and needs, but recognize when using power may not be in our best interests or may increase hostility. We owe it to those who will come after us in the nursing profession as well as to ourselves to make an effort to change the degree of authority and power that we have. We can do it? Self awareness is stated as knowing ones internal states, preference resources and intuitions. This is being conscious and being able to connect to our feelings and actions. By accepting and understanding our thoughts and interpretation processes, one will have a clearer picture of what we want to achieve. And this will undoubtedly help in making wise and sound decisions in a personal or professional relationship. Interview: FF is the nurse manager of renal clinic at hospital. She is an R.N. whose leadership position is unique because she also created the program she is in charge of. F.F. had a vision and used her leadership skills to see that vision become a reality. The renal clinic began because there was a need. One of the qualities in an effective leader is the ability to recognize a need and take action to make that need met. F.F. started her nursing career after graduating from west state university by working in various areas and units. While working in these capacities one Dr A.B. approached her on several occasions about the need to have a renal clinic for diabetic patients. These patients population was not being served locally. F.F. would agree with him saying yes, it would be nice to have a renal clinic, and that would be it. Then in that time F.F. needed to care for a sick family member. At the same time the hospital needed a manager and F.F. was filling in as an interim for the inpatient d epartment. This position had a very demanding schedule that included weekends, being on call, and rotating shifts. And the hospital was not recruiting for a manager and what was supposed to be an interim position now did not have a foreseeable end. With a sick family member at home, F.F. needed more flexibility in her work schedule. This was the turning point that spurned F.F. to take action to meet the needs that were before her. The answer to F.F. personal dilemma took the shape of creating a renal clinic. F.F. could see that working in this specialty would give her the family friendly schedule she desired. She took the initiative in making the renal clinic a reality. As it is mentioned in the article of Quantum leadership that those who are not born leaders can acquire the necessary skills, (OGrandy Mallock, 2003). I believe anyone can be a leader by motivation and applying the self to become a leader. As a leader I would like to have a vision of greater good and initiate actions to achieve that vision. In making decisions to attain goals, as a leader I would create change and make that change a past history. In a nurse leadership often times they use personal traits to be beneficially and ethically which will influence others through a process where clinical and organization outcomes are achieved through joint efforts. As a nurse leader I would unite in building a relationship to empower staff or others that would led toward achievement. I like all the other elements of a nurse leader I dont have a less preference. As a follower I would want a leader that has direction that can be trusted, have a vision and hope for the department or organization. The most valuable asset of a leader is honesty and trust. I want a leader that is honest with both his or her staff and the management. Another element that a leader must have is integrity. Once a leader compromises his or her integrity it is lost. That maybe the reason integrity is considered the most admirable trait. Leadership qualities are different for different position but one must be thinking for future scope of improvement, quality and quantity of in conducting business. The ideal leader must have a vision beyond what is here today know where the business is headed and be able to use that vision to move the department forward. I would help my peers to become better by being a great leader that my peers can look up to and depend on. As, a leader I need the ability to lead because there is a certain quality to manage a problem if my followers cant face the problems on their own. This leadership quality is extremely important because if the leaders do not possess some special ability, then there wont be anything that will distinguish him/her from his/her followers. As a leader I would motivate my team mates for good work and maintain healthy environment. And make my first priority is safety for the workers and see that they are not exploited by superiors. These are some of the many ways that I can lead and have followers. Reference Bleich Kasiak, 2007 Fitzgerald, T., (2000), Nurse appeal profession tries new tactics to woo next generation of nurses, posted date January 13, 2000. Retreived on November 13, 2009 from http://www.nurseweek.com/features/00-01/attract.html Ketle, J. L., RN. Factors Affecting Job Satisfaction in the Registered Nurse, University of North Carolina, charlotte, NC. Retreived on Novermber 23, 2009 from http://juns.nursing.arizona.edu/articles/Fall%202002/Kettle.htm#Abstract OGrady, P. Mallack, 2003. Quantum Leadership 2003, article for this course. Bradberry Greaves, 2003 Francis, F., RN. (2009). Indian Health Service Hospital/ACL, Personal interview in October 28, 2009. Fletcher, C. E. (2001, June). Hospital RNs job satisfactions and dissatisfactions. Journal of Nursing Administration, 31(6), 324-31.

The sain case :: essays research papers

SAIN V. CEDAR RAPIDS COMMUNITY SCHOOL DISTRICT: PROVIDING SPECIAL PROTECTION FOR STUDENT-ATHLETES? The scholarly article I chose was of great interest to me for several reasons. The case is an educational malpractice case in which a student-athlete said he was provided false information by his high school consolor and lost his basketball scholarship as a result. I was a student athlete in high school and sports are still a big part of my life. On top of that I am considering teaching and coaching after I graduate, making this a very relevant topic to me. In the next several paragraphs I am going to summarize the article and cases that it mentions, then I will try and decide what the authors intent was with writing this piece. It has been said for years that any case of educational malpractice was doomed from the start. Because of this, it was a huge surprise when the Iowa Supreme Court denied the defendant, Cedar Rapids Community School District’s motion for summary judgement. This was a case where a student sued for negligent misrepresentation by a school guidance counselor. One reason why the court may have denied the motion was because it was trying to protect a category of people who were considered especially vulnerable, the student-athlete. Bruce Sain who was the plaintiff in the case attended Jefferson High School, which was in the defendants school district. He played basketball for the school and was very good at it, so good that he planned on getting a scholarship to finance his college education. In order to be eligible to play sports in college you must meet certain course requirements be the NCAA, which Sain was working on doing. In his senior year he still needed three English credits to satisfy the NCAA requirements and since he went to a school that brock their year down into trimesters, he thought this would be no problem. He completed his first English course and enrolled into his second, but for some reason or another he disliked the class, so he went to his school counselor to see what he could do. The counselor told him to enroll into a class called technical Communications, which the counselor assured him would be approved by the NCAA clearinghouse. But the school did not include that particular course on the list of classes that was sent to the clearinghouse. The next and final trimester Sain completed his third English credit and accepted a five year scholarship to Northern Illinois University.

International Business – Midterm Review

AFM 333 Midterm Review Module 1: – Fall of Berlin Wall 1989 – Two Trends altering global market: globalization of markets and technological advances – Globalization: interconnectedness of national economies, growing interdependence of buyers, producers and suppliers in different countries G6 economies: US, UK, Japan, Germany, France, Italy – Account for half of global consumption with only 1/10 of population –B6 economies: China, India, Russia, Brazil, Mexico, South Korea – China is the biggest market for phones, TVs, and cars in 2007 – China and India have more middle class households than all of the households in the United States – Growth in B6 more than 3x the growth in G6 economies 62 Multinationals in Fortune Global 500 20 of these multinationals are in China 12 from South Korea 6 from India 5 from Mexico and 5 from Russia B6 have three times the labour force of G6 countries 33 million university-educated young professiona ls in developing world compared to 14 million in the developed world 00 000 IT Engineers in India vs. 50 K in US In the decade to 2020, the working-age population of emerging economies is expected to increase by more than 500 million, compared with an increase of only 3. 7 million in developed economies. Drivers of Market Globalization – 1. Reduction of trade and investment barriers – 2. Market Liberalization: move to market based economies + adopt free trade in China + Soviet Union etc. – 3. Industrialization + Modernization + developing economies creating higher value adding products – 4.Integration of World Financial Markets: international banks, globalization of finance – 5. Advances in Technology: reduces cost and time, improves coordination and communication, facilitates development, helps share information/marketing, virtual space removes distance Dimensions of Market Globalization – integration/interdependence of global economies â⠂¬â€œ increase regional economic integration bloc – growth of global investment – convergence of buyer lifestyles/preferences – globalization of production activities Social Concequences – loss of national soverignity offshoring/outsourcing jobs – effects on the poor, the natural environment and national culture Firm-level consequences – new business opportunities – new risks and rivalries – more demanding buyers (less bargaining power to supplier) – international value chains Phases of Globalization 1. 1830-1880: Introduction of railway and ocean transport (trains and ships) + phone and telegraph invented 2. 1900-1930: increased steel and electricity production + Western Europe most industrialized country so established first multinational subs through colonization (Nestle, Shell, BP) 3. 948-1970: Form general agreement on tariff and trade + high demand for consumer products and input goods to rebuild after the war 4. 1 980- now: radical advances in IT, communication, manufacturing, consultation, and privatization. Caused by: †¢Commercialization of the personal computer. †¢Arrival of the Internet and the web browser. †¢Advances in communication and manufacturing technologies. †¢Collapse of the Soviet Union and ensuing market liberalization in central and Eastern Europe. †¢Substantial industrialization and modernization efforts of the East Asian economies including China.GDP growth rates highest in developing economies who emphasize global integration Information travels faster now than ever before (ships/carraiges, steamships/cars, motor vehicles/aircraft, internet (speed of light)). Firm Level Consequences of Globalization – international value chain – demanding buyers – increased rivalry and competition – increased opportunity for business – Management must change focus – Must partner and outsource better – look for product ivity and operational efficiency gains – find and measure key global strategic assets of org. International Business trade and investment activities of firms across borders Globalization – economic integration and growing interdependency worldwide Theories of Trade – mercantilism – national prosperity = positive balance of trade (trade surplus) – absolute advantage principle – produce only products for which your country/region has an absolute advantage – comparative advantage principle – both countries produce even if one has absolute advantage in all products, relative efficiency matters, specialize in what you produce best and trade for the rest you can use scarce resources more efficientlyNational Comparative Advantages – China low cost labour – India – IT workers in Bangalore – Ireland – service economy – Dubai – knowledge based economy Comparative Advantage = superior featu res with unique benefits in global market either naturally endowed or put in place through national policy – NATIONAL Competitive Advantage = distinctive competencies of a firm from cost, size, innovation that are difficult for competitors to replicate – FIRM Factor Proportions/Endowments Theory = produce and export products that use abundant factors of production and import goods that use scarce resourcesLimitations of Early Trade Theories – they don’t account for cost of international transportation – tariffs and import restrictions distort trade flows – economies of scale bring about additional efficiencies – low cost capital now available on global markets How do Nations Enhance Competitive Advantage – governments can proactively implement policies to subsidize and stimulate the economy outside of natural endowments – create national economic advantage through: innovation stimulus, target industries for development, provide incentives and low cost capitalNational Industrial Policy – economic development plan by public sector to nurture and support promising industries through: tax incentives, monetary/fiscal policy, rigorous educational systems, investment in national infrastructure, strong legal and regulatory systems – Example Ireland: fiscal, monetary and tax consolidation, partnership of gov with unions, emphasis on high value add industry like pharma, biotech and IT, membership in EU, investment in education – improved GDP, Unemployment and National Debt 3x by 2003 from 1987 Porter’s Diamond Model: Firm Strategy, Structure and Rivalry – strong competitors in country serves as national competitive advantage – clusters ? Factor Conditions – labour, natural resources, capital, technology, knowledge and entrepreneurship ? Demand Conditions – strengths and sophistication of consumer demand ? Related and Supporting Industries – avail ability of clusters and complementary firms in the value chain Industrial Clusters: – concentration of suppliers and supporting firms in the same regional area – ex. silicon valley, Switzerland pharma, fashion in italy/paris, IT in Bangalore – export platform for the nationClassical Theories – International Product Cycle Theory: introduction, growth and maturity of each product and its associated manufacturing – INTRO: inventor country enjoys a monopoly in manufacturing and exports – GROWTH: other countries enter the global market place with more standard manufacturing – MATURITY: original innovator becomes net importer of product – Now – hard for innovator to maintain a lead because there is a short product life cycle – New Trade Theory: economies of scale important for international performance in some industries.Ex. high fixed costs = high volume sales to breakeven Reasons to Invest Abroad: – market seek ing – efficiency/cost seeking – resource seeking – knowledge seeking Why Internationalize? 1. opp for growth through diversification of market 2. higher profit margins 3. new P&S ideas and business methods 4. serve customers who have relocated abroad (increase/maintain market) 5. closer to supply sources, use global sourcing advantages, flexibility in sourcing products 6. access to lower cost/better value factors of production 7. evelop economies of scale in sourcing, production, marketing, economies of scale 8. confront international competitors 9. invest in relationship with a foreign partner Nature of International Business – value adding activities can be done internationally (source, manufacture, market) – cross border trade not limited to raw materials, include capital, tech, knowledge, products, services etc. – Internationalize through: Export, FDI, Licence, Franchise and JV FDI – longterm acquisition of productive assets like capital, tech, labour P&E etc – large commitment used to manufacture products in low labour cost countries MNE – big company with lots of resources, subs and affiliates in many countries (US, Japan, Germany, France, Britain) SME – small to medium size enterprise, 500 or fewer employees Born Global Firm – young company that initiates business on the global market Risks in International Business: 1. Commercial Risk – weak partnerships, bad timing of entry, high competition, poor execution of strategy, operational problems 2.Currency Risk – tax, inflation, asset valuation, transfer pricing, currency exposure 3. Country Risk – protectionism/gov intervention, bureaucracy, lack of legal safeguards/poor leagal system, social/political unrest 4. Cross-Cultural Risk – cultural differences, negotiation, different decision making styles, different ethical practices MNE Avenues for Involvement: ? Import/Export ? Licencing/Franchising ? Joi ng Venture ? FDI – get progressively more risky, higher investment, higher potential benefit, higher commitmentIntermediaries Include: – Distributor – extension of firm, takes goods under their name to sell – Manufacturer Rep – under contract of exporter to rep and sell merch – Retailer – bypass wholesaler/distributer and sell to retailer to sell to customers – IKEA, WALMART – Trading Company – based in home country, high volume, low margin resellers. – Export Management Company – US, export agent who secures contracts to export goods – usually specialize in industries and areas – Agent – works on commission Licensor – Focal firm grants the right to the foreign partner to use certain intellectual property in exchange for royalties – Franchisor – grant right to use a business system for fees and royalties – ICV – share cost and risk fo new ventur e with another company – JV – create a jointly owned new entitiy with foreign partners – Project Based Venture – collaboration with a timeline without creating a new entity, common with R&D intensive ventures Facilitator – provide services for cross border transactions: Bank, Lawyers, Freight, Consultants, ad agency, custom brokers, insurance companies, tax accountants,Turnkey Contractor: Provide engineering, design, and architectural services in the construction of airports, hospitals, oil refineries, and other types of infrastructure. †¢These projects are typically awarded on the basis of open bidding by the sponsor. †¢Examples- European Channel Tunnel, the Three Gorges Dam in China, Delhi Metro Rail Ltd. and the Hong Kong Airport. †¢Build-own-transfer venture- an increasingly popular type of turnkey contract in the developing economies where contractors acquire an ownership in the facility for a period of time until it is turned o ver to the client.MODULE 3 [pic] Advanced economies are post-industrial countries characterized by high per capita income, highly competitive industries, and well-developed commercial infrastructure. †¢Examples- world’s richest countries and include Australia, Canada, Japan, New Zealand, the United States, and Western European countries. Developing economies are low-income countries characterized by limited industrialization and stagnant economies. †¢Examples- low-income countries, with limited industrialization and stagnant economies- e. g. Bangladesh, Nicaragua and Zaire.Emerging market economies are a subset of former developing economies that have achieved substantial industrialization, modernization, improved living standards and remarkable economic growth. †¢Examples- some 27 countries in East and South Asia, Latin America, Middle East and Eastern Europe- including Brazil, Russia, India, China (so called BRIC countries). [pic] Advanced Economies – 2 – 4% growth rates – mature industrial development – moved from manufacturing to service based economies – typically democratic political systems and capital economic systems – host worlds biggest MNEs – Emerging Economies – 7 – 10% growth rates 40% of world GDP – 30% of exports – 20% of FDI – low cost labour and capital, knowledgeable workers, gov support – fastest growth rate – attractive: growing middle class, manufacturing bases, sourcing destinations – market potential: percapita income, size of middle class, GNI, use adjusted GDP for PPP – middle class has some economic independence and discretionary income Hong Kong, Isreal, Saudi Arabia The EMPI combines factors that provide firms with a realistic measure of export market potential: †¢Market Size: the country’s population, especially urban population †¢Market Growth Rate: the country’s real GDP gr owth rate Market Intensity: private consumption and GNI represent discretionary expenditures of citizens †¢Market Consumption Capacity: The percentage share of income held by the country’s middle class †¢Commercial Infrastructure: characteristics such as number of mobile phone subscribers, density of telephone lines, number of PCs, density of paved roads, and population per retail outlet †¢Economic Freedom: the degree of government intervention †¢Market Receptivity: the particular country’s inclination to trade with the exporter’s country as estimated by the volume of imports †¢Country Risk: the degree of political riskChallenges of doing business with Ems – political stability – hard to forecast in uncertain conditions – beauraucracy/lack of transparency – weak IP rights – availability of good partners – presence of family conglomerates †¢Regional economic integration, refers to the growing economic interdependence that results when countries within a geographic region form an alliance aimed at reducing barriers to trade and investment. †¢40% of world trade today is under some bloc preferential trade agreement. Premise- mutual advantages for cooperating nations within a common geography, history, culture, language, economics, and/or politics †¢Free trade that results from economic integration helps nations attain higher living standards by encouraging specialization, lower prices, greater choices, increased productivity, and more efficient use of resources. 1. Market access. Tariffs and most non-tariff barriers have been eliminated for trade in products and services, and rules of origin favor manufacturing that uses parts and other inputs produced in the EU. . Common market. The EU removed barriers to the cross-national movement of production factors—labor, capital, and technology. 3. Trade rules. The member countries have largely eliminated customs p rocedures and regulations, which streamlines transportation and logistics within Europe. 4. Standards harmonization. The EU is harmonizing technical standards, regulations, and enforcement procedures that relate to products, services, and commercial activities. 5. Common fiscal, monetary, taxation, and social welfare policies in the long run.The euro (common currency since 2002): †¢Simplified the process of cross-border trade and enhanced Europe’s international competitiveness. †¢Eliminated exchange rate risk in much of the bloc and forced member countries to improve their fiscal and monetary policies. †¢Unified consumers and businesses to think of Europe as a single market †¢Forced national governments to relinquish monetary power to the European Central Bank, in Luxembourg, which oversees EU monetary functions. †¢NAFTA passage (1994) was facilitated by the maquiladora program – U. S. firms locate manufacturing facilities just south of the U. S. order and access low-cost labor without having to pay significant tariffs. NAFTA has: †¢Eliminated tariffs and most nontariff barriers for products/services. †¢Initiated bidding for government contracts by member country firms †¢Established trade rules and uniform customs procedures. †¢Prohibited standards/technical regulations to be used as trade barriers. †¢Instituted rules for investment and intellectual property rights. †¢Provided for dispute settlement for investment, unfair pricing, labor issues, and the environment. †¢Trade among the members has more than tripled and now exceeds $1 trillion per year. In the early 1980s, Mexico’s tariffs averaged 100% and gradually disappeared under NAFTA. †¢Member countries now trade more with each other than with former trading partners outside the NAFTA zone. †¢Both Canada and Mexico now have some 80% of their trade with, and 60% of their FDI stocks in the United States. †¢Mexican exports to the U. S. grew from $50 billion to over $160 billion per year. †¢Access to Canada and the U. S. helped launch numerous Mexican firms in industries such as electronics, automobiles, textiles, medical products, and services. †¢Annual U. S. nd Canadian investment in Mexico rose from $4 billion in 1993 to nearly $20 billion by 2006. †¢Mexico’s per capita income rose to about $11,000 in 2007, making Mexico the wealthiest country in Latin America. †¢By increasing Mexico’s attractiveness as a manufacturing location, firms like Gap Inc. and Liz Claiborne moved their factories from Asia to Mexico during the 1990s. †¢IBM shifted much of its production of computer parts from Singapore to Mexico. ASEAN – Brunei, Cambodia, Indonesia, Laos, Malaysia APEC – Asia Pacific Economic Coop – Australia, Canada, Chile, US, China, Japan, Mexico CER – Aussie and New Zealand – removed 80% of tarriffsWhy Nations Expand? 1. Ex pand market size  §Regional integration greatly increases the scale of the marketplace for firms inside the economic bloc.  §Example- Belgium has a population of just 10 million; the EU gives Belgian firms easier access to a total market of roughly 490 million. 2. Achieve scale economies and enhanced productivity  §Expansion of market size within an economic bloc gives member country firms the opportunity to gain economies of scale in production and marketing.  §Internationalization inside the bloc helps firms learn to compete more effectively outside the bloc as well. Labor and other inputs are allocated more efficiently among the member countries- leading to lower prices for consumers. 3. Attract direct investment from outside the bloc  §Compared to investing in stand-alone countries, foreign firms prefer to invest in countries that are part of an economic bloc as they receive preferential treatment for exports to other member countries.  §Examples- General Mills, Sams ung, and Tata- have invested heavily in the EU to take advantage of Europe's economic integration.  §By establishing operations in a single EU country, these firms gain free trade access to the entire EU market. 4.Acquire stronger defensive and political posture  §Provide member countries with a stronger defensive posture relative to other nations and world regions- this was one of the motives for the initial creation of the European Community (precursor to the EU). †¢The value chain can be thought of as the complete business system of the focal firm. It comprises all of the activities that the focal firm performs. †¢The focal firm may retain core activities such as production and marketing, and outsource distribution and customer service responsibilities to foreign-market based distributors, thus the global reconfiguration of the value chain. Dell makes a variety of products, each with its own value chain. The total supply chain for a notebook computer, including mult iple tiers of suppliers, involves about 400 companies, primarily in Asia, but also in Europe and the Americas. †¢On a typical day, Dell processes orders for 150,000 computers, which are distributed to customers around the world, with non-U. S. sales accounting for 40 percent. †¢Shipping is handled via air transport, e. g. from the Dell Malaysia factory to the U. S. Dell charters a China Airlines 747 hat flies to Nashville, Tennessee six days a week, with each jet carries 25,000 Dell notebooks that weigh a total of 110,000 kilograms, or 242,500 pounds. †¢One of the hallmarks of Dell’s value chain is collaboration. CEO Michael Dell and his team constantly work with their suppliers to make process improvements in Dell’s value chain. [pic] Automotive Industry †¢Manufacturing of the Chevrolet Malibu illustrates national and geographic diversity of suppliers that provide content for an automobile, a truly global value chain. †¢Suppliers are headquart ered in Germany, Japan, France, Korea, and United Kingdom, and the U.S. , and the components they sell to General Motors are manufactured in typically low-cost countries and then shipped to the General Motors plant in Fairfax, Kansas. †¢The German automaker BMW employs 70,000 factory personnel at 23 sites in 13 countries to manufacture its vehicles. †¢Workers at the Munich plant build the BMW 3 Series and supply engines and key body components to other BMW factories abroad. †¢In the U. S. , BMW has a plant in South Carolina, which makes over 500 vehicles daily for the world market. †¢In Northeast China, BMW makes cars in a joint venture with Brilliance China Automotive Holdings Ltd. In India, BMW has a manufacturing presence to serve the needs of the rapidly growing South Asia market. †¢BMW must configure sourcing at the best locations worldwide, in order to minimize costs (e. g. , by producing in China), access skilled personnel (by producing in Germany), r emain close to key markets (by producing in China, India and the U. S. ). †¢Global sourcing is the procurement of products or services from suppliers or company-owned subsidiaries located abroad for consumption in the home country or a third country. Technological advances, including instant Internet connectivity and broadband availability TECHNOLOGY †¢Declining communication and transportation costs †¢Widespread access to vast information including growing connectivity between suppliers and the customers that they serve; and SUPPLY CHAIN †¢Entrepreneurship and rapid economic transformation in emerging markets. GLOBALIZATION †¢Managers must decide between internalization and externalization — whether each value-adding activity should be conducted in-house or by an independent supplier. This is known as the ‘make or buy’ decision: â€Å"Should we make a product or conduct a particular value-chain activity ourselves, or should we source it from an outside contractor? † †¢Firms usually internalize those value-chain activities they consider a part of their core competence, or which involve the use of proprietary knowledge and trade secrets that they want to control. †¢Configuration of value-adding activity: The pattern or geographic arrangement of locations where the firm carries out value-chain activities. Instead of concentrating value-adding activities in the home country, many firms configure these activities across the world to save money, reduce delivery time, access factors of production, and extract maximal advantages relative to competitors. †¢This helps explain the migration of traditional industries from Europe, Japan, and the U. S. to emerging markets in Asia, Latin America, and Eastern Europe. [pic] †¢Outsourcing refers to the procurement of selected value-adding activities, including production of intermediate goods or finished products, from independent suppliers. This practice of externalizing a particular value-adding activity to outside contractors is known as outsourcing. †¢Firms outsource because they generally are not superior at performing all primary and support activities. Most value-adding activities — from manufacturing to marketing to after-sales service — are candidates for outsourcing. †¢Business Process Outsourcing (BPO). The outsourcing of business functions to independent suppliers such as accounting, payroll, and human resource functions, IT services, customer service, and technical support. BPO includes:  §Back-office activities, which includes internal, upstream business functions such as payroll and billing, and  §Front-office activities, which includes downstream, customer-related services such as marketing or technical support. †¢Offshoring is a natural extension of global sourcing. It refers to the relocation of a business process or entire manufacturing facility to a foreign country. †¢MNEs are particularly active in shifting production facilities or business processes to foreign countries to enhance their competitive advantages. Offshoring is especially common in the service sector, including banking, software code writing, legal services, and customer-service activities. †¢E. g. , large legal hubs have emerged in India that provide services such as drafting contracts and patent applications, conducting research and negotiations, as well as performing paralegal work on behalf of Western clients. With lawyers in N. America and Europe costing $300 an hour or more, Indian firms can cut legal bills by 75 percent. Best Jobs for Offshoring: Large-scale manufacturing industries whose primary competitive advantage is efficiency and low cost; †¢Industries such as automobiles that have uniform customer needs and highly standardized processes in production and other value-chain activities; †¢Service industries that are highly labor intensive, e. g. , call centers and legal transcription; †¢Information-based industries whose functions and activities can be easily transmitted via the Internet, e. g. , accounting, billing, and payroll; and †¢Industries such as software preparation whose outputs are easy to codify and transmit over the Internet or by telephone, e. g. routine technical support and customer service activities. [pic] †¢Cost efficiency is the traditional rationale for sourcing abroad. The firm takes advantage of ‘labor arbitrage’ – the large wage gap between advanced economies and emerging markets. †¢One study found that firms expect to save an average of more than 40% off baseline costs as a result of offshoring. These savings tend to occur particularly in R&D, product design activities, and back-office operations such as accounting and data processing. Benefits of Outsourcing: †¢Faster corporate growth. †¢Access to qualified personnel abroad. †¢Improved productivity and service. Business process redesign. †¢Increased speed to market. †¢Access to new markets. †¢Technological flexibility. Improved agility by shedding unnecessary overhead. Disadvantages to Outsourcing: †¢Vulnerability to exchange rate fluctuations †¢Partner selection, qualification, and monitoring costs †¢Increased complexity of managing a worldwide network of production locations and partners †¢Complexity of managing global supply chain †¢Limited influence over the manufacturing processes of the supplier †¢Potential vulnerability to opportunistic behavior or actions in bad faith by suppliers †¢Constrained ability to safeguard intellectual assetsRisks in Global Sourcing: 1. Less-than-expected cost savings. Conflicts and misunderstandings arise because of differences in the national and organizational cultures between the focal firm and foreign supplier. Such factors give rise to cost-savings that are less than originally anticipated. 2. Environ mental factors. Numerous environmental challenges confront focal firms including: exchange rate fluctuations, labor strikes, adverse macro-economic events, high tariffs and other trade barriers, and high energy and transportation costs. 3. Weak legal environment.Many popular locations for global outsourcing have weak laws and enforcement regarding intellectual property, which can lead to erosion of key strategic assets. 4. Risk of creating competitors. As the focal firm shares its intellectual property and business-process knowledge with foreign suppliers, it also runs the risk of creating future rivals (e. g. , Schwinn). 5. Inadequate or low-skilled workers. Some foreign suppliers may be staffed by employees who lack appropriate knowledge about the tasks with which they are charged. Other suppliers suffer rapid turnover of skilled employees. 6. Over-reliance on suppliers.Unreliable suppliers may put earlier work aside when they gain a more important client. Suppliers occasionally e ncounter financial difficulties or are acquired by other firms with different priorities and procedures. Over-reliance can shift control of key activities too much in favor of the supplier. 7. Erosion of morale and commitment among home-country employees. Global sourcing can create a situation in which employees are caught in the middle between their employer and their employer’s clients. At the extreme, workers find themselves in a psychological limbo, unclear about who their employer really is.