Harmonization of Commercial Law Essay Example | Topics and Well Written Essays - 1750 words

Harmonization of Commercial Law - Essay Example 1. Preamble Law is vital to dealing with any disputes that arise out of human interaction. Over the centuries, laws have been developed to facilitate human activities in myriad spheres including business and commercial transactions. In the earliest days such laws were generally confined to regional borders and other such boundaries where a single government had enough authority to enforce such laws. However, increasing human interaction necessitated the expansion of trade to beyond frontiers where any one government operated thus leading to a certain liquidity in international business and commerce. On the one hand such liquidity has helped businesses to grow and expand into newer markets and on the other hand these interactions have resulted in disputes that are not covered by the regular cover of law. The historical evolution of laws in various nations and cultures has meant that laws are differentiated around the world. Hence, national laws may not be able to provide legal cover i n transnational and international commercial interactions. In order to deal with this problem there has been talk and action to develop a harmonised set of laws that govern international commercial transactions. ... In order to boost enforceability there has been a teeming move to harmonise such laws so that each nation or other such territorial or other such distinction has uniform laws. This approach to commercial international law has resulted in yet more unique circumstances than ever before. Nations and other such entities have begun framing laws to govern international commercial transactions which are merely similar in nature. It has been argued that these laws are more of a problem in themselves rather than a solution to the predicament at hand. The laws dealing commercial international transactions are seen to be inherently flawed in the manner that they are drafted and enforced in leading to more problems than before. In order to deal with this dilemma it has been suggested that the more appropriate approach would be to devise methods that would encourage states to draft and enforce private dispute laws in the context of international commercial transactions. The current approach relie s heavily on delineating various rights, roles and responsibilities of parties involved in international commercial transactions rather than dealing with dispute resolution upfront. It has been suggested that international commercial law can be simplified if the enforcing government concentrates on dispute resolution than delineating rights because it would allow involved parties to make better contractual choices. This text will attempt to analyse this claim in relation to international commercial law by looking at how harmonisation is supposed to function in principle and how it is actually being used. The shortcomings in current law harmonisation techniques will be looked into fully including drafting and enforcing laws. This will be taken further into

Criminal Justice Essay Example | Topics and Well Written Essays - 250 words - 5

Criminal Justice - Essay Example In the correction, responsibilities of prison are the safekeeping of inmates, maintenance and improving welfare of inmates. Safekeeping requires that inmates are controlled; securely locked away, while giving them some moments for recreation, counseling, and education. Despite welfare efforts, inmates feel dehumanized and suffer condemnation and rejection by society and as a result breed ill feelings. When subjected to solitary confinement, which is one of prison’s recourse, psychological effects results to â€Å"dissatisfactions in life, delusions, panic feelings, claustrophobia, depression and madness†. Imprisonment is a host to other related psychological problems that results to trauma, mental and physical illnesses to some. As of 2006, the Bureau of Justice System estimated that there are about 705,000 jailed persons who are mentally ill, and that its growing number affects the correction policy of the government(Pollard, Anita, n.d.) Inmates receive health care while incarcerated, but the problem begins when they are released. Many of them, after spending years in prison are unemployed, have no means of livelihood, experience difficulties in reintegration to society, and lack health care insurance. As psychological problems become statewide occurrences, and reintegration to society even becomes more difficult upon their release from prison, the government is looking for possibilities that they be covered by Medicaid to access health care. Likewise, as a standard procedure, inmates go into various forms of counseling and physical activities while in prison. As trauma becomes a psychological problem by many of the inmates, researches have been done by medical practitioners on how to address psychological problems of inmates. Trauma, that has been tangled with experiences of mental illness, substance abuse, and behavioral problems often results to psychiatric disorder. (Wallace, B.C and

Norman v Future Publishing Limited Essay Example | Topics and Well Written Essays - 1500 words

Norman v Future Publishing Limited - Essay Example The appellant’s original complaint went as stated in the originating Statement of Claim went on to allege that the publication of the words used had the result of placing the appellant into â€Å"ridicule, mockery and contempt.†Ã‚  Ã‚   It was also alleged that the words used in the publication had caused serious injury to the appellant’s â€Å"personal and professional reputation and in any event to her feelings.†   Lord Buckley, the judge at first instance struck out Norman’s Statement of Claim, essentially ruling that the words used, when taking together with the entire article could not be construed in the manner pleaded by Norman.   Norman then appealed to the Court of Appeal against the lower court’s decision under Order 82, Rule 3A of the Rules of Supreme Court, 1994 which provides that any party to a defamatory action may apply to a judge in chambers for an order â€Å"determining whether or not the words complained of are capabl e of bearing† certain meanings or the meanings complained on in the originating process.   The Order goes on to provide that if the judge upon hearing such an application agrees that the words complained of are not capable of â€Å"bearing the meaning† alleged in the pleadings he is at liberty to â€Å"dismiss the claim or make such other order as he deems just and fair.   The Court of Appeal went on to state that although appeals under this Order are typically discouraged,   when the result of the order is to dismiss the action altogether as it did in Norma’s case, or to take away from the jury the consideration.

Doing Business Globally & Internationally Essay - 1

Doing Business Globally & Internationally - Essay Example In addition, the effects of the exchange rates movements on the partnership are highlighted in the paper. Finally, an analysis of the various aspects of international business is identified in the paper. International business entails the concept of cross-border trade activities between different countries and organizations. The paper examines various aspects of international business by evaluating the partnership between Kellogg and Wilmar International. The essay examines the environmental factors and trends that contributed to the partnership. Moreover, there is a comparative analysis of the first and second entry attempt by Kellogg Company into the Chinese market. The national and organization cultures highlighted in the case study are examined critically in the essay. In addition, the effects of the exchange rates movements on the partnership are highlighted in the paper. Finally, an analysis of the various aspects of international business is identified in the paper. 2 Wilmer International Limited refers to an investment company that operates in various business segments in different parts of the world. The company business activities encompass different parts such as processing and merchandising of lauric and palm oil as well as refining and processing soybean. The company also operates in other segments, which include sales, packaging of various products such as edible oils, flour, grains and rice (Aswathappa 27). The company also engages in the cultivation and milling of palm oil and sugar (Wilmar-international.com 2015). The Chinese economy ranks among the fastest expanding economies in the world. In addition, the authorities in the countries have diversified their political and economic approaches in order to cater for the emergence of globalization of trade (Alon 32). 4 The Chinese government has liberalized the criteria of using the internet that is crucial for marketing activities. Initially, the government controlled most of

Not Finishing Well Essay Example | Topics and Well Written Essays - 500 words

Not Finishing Well - Essay Example We accept warfare or conflict as a normal part of life. The Divine Teachers want us to free ourselves from this condition by not looking backward but instead, by looking ahead. In Christian spirit, one sees that the most essential discipline is the nearness with Christ. Nearness implies the fidelity in carrying the teachings of Christ and applying them to one's daily life. This gives a person some plans or purpose in life. It is incumbent upon the followers of Christ to promote amity or harmony among the believers. They should enlighten and educate children to instill a growing hope. Ignoring this call is like a journey back, a failure. In his article Longevity with Distinction and Dignity-Finishing Well, Pastor Eugene Harder echoes that "Jesus died to remove the curse that prevented people from finishing well." We are reaching a new era in the history of mankind. And springtime is knocking at the door. For our brief sojourn on this life-giving planet, we could say that even though we did not start well, we could indeed find time to finish well.

Water Provision Methods (Saudi Arabia) Research Paper

Water Provision Methods (Saudi Arabia) - Research Paper Example Water plays a crucial role in the quality of life of the inhabitants, but it is also an important requirement for economic prosperity, for example in a growing industry and in the agricultural sector. Together, both variables will cause a further increase in water demand in Saudi Arabia, which cannot be covered completely through ground water resources as well as the inexistent river systems or lakes (Al-Zahrani & Baig, 2011.p.604). Given the pressing industrial and domestic requirements Saudi Arabia must come up with a reliable and sustainable means of supplying water to its growing population. One of the notable undertakings is the Kingdom’s efforts to sea water desalination. Desalination plants are installed at the coast and water is carried by huge pipeline systems to the major consumption centers in the up-country (Jeffreys, 2011.p.299). The country cannot rely on surface water due to low precipitation and high evaporation rates, this makes surface water scarce. The other option is ground water which comes from the water table statistics indicate that the country draws 45% of its water supply from the water table. This makes Saudi Arabia number one in the world in terms of groundwater withdrawals. Much of this is taken from fossil aquifers, which are not replenished by rainfall or underground water flows (Jeffreys, 2011.p.299). ... There are few chances of expanding production and in real terms, in arid environments the recharge is not significant (Jeffreys, 2011.p.299). Although the cost of well head water is low, the main costs lie in the transfer costs, as in pipelines and pumping stations (Al-Zahrani & Baig, 2011.p.605). The principal aquifers are known, as are some of the areal changes, which affect the porosity, permeability, and transmissivity of the aquifer. Few areas remain which could significantly supplement the aquifer supply (Alsharhan, 2001.p. 138). Water importing might be a sound alternative but is laden with numerous uncertainties and the flow and supply is not solely dependent on Saudi’s decisions and factors. Desalination Desalination of sea water and brackish groundwater is the main alternative adopted in the Kingdom and one that is likely to serve the Kingdom well into the future. At the moment, there are about 32 plants in the Kingdom and plans remain underway to construct additiona l plants to supplement the growing demand of clean water. At the moment, the Kingdom is constructing a megaproject, Ras Al-Khair, which will be the largest desalination plant in the world and is expected to produce 1,037,000m3 of water daily (Al-Zahrani & Baig, 2011.p.604). The biggest challenge in the desalination process is the constant input of energy which the Kingdom has in abundance, but something the Saudi government is also increasingly conscious of using wisely. Desalination already accounts for more than half of the kingdom’s domestic oil consumption, and the demand for water and electricity co-production is growing by 8 percent every year (Ibp USA, International Business Publications, USA 2009.p.126). This is a challenge as oil will always be a precious commodity, and

Role government of each artical Research Paper Example | Topics and Well Written Essays - 2000 words - 1

Role government of each artical - Research Paper Example This will in turn allow the participants in the market to start putting the resources back to work in the sectors that they consider as most beneficial. This paper aims at considering the major roles of the government in the economic stability, with the inclusion of the government-run institutions. In the previous decades of lecturing countries that are developing on the ways to stimulate economic growth and emerge from economic crisis through strong government policies, some economists and U.S policymakers are discarding all the advice when subjected to the first test of major crisis. This is specifically true when taking advice regarding the accumulation of more debt (Shah, Rajiv, Zhijie, and Harini 85). For instance, the fiscal responsibility summit held by the U.S President Barack Obama last February disclosed that he knows the urgent requirement for fiscal responsibility. But the recent enactment of the Congress of the America Reinvestment and Recovery Act and the budget that was proposed by the government makes the objectives of a budget that is sustainable budget and it addresses the longer-term fiscal properties of the nation such as the entitlement liabilities, and even more elusive. Government deficits and government spending increase automatically when there are economic downturns that arise due to falling tax revenues and more demands on the social-safety-net provisions. Such spending can be helpful in attaining stability on the economy since it does not occur following legislative acts but automatically, and the money that is spent is usually needed most at the time of spending. Spending and borrowing for the purpose of economy stimulation by the use of legislative discretion is riskier since it is more difficult to wait for the right moment. The spending of the funds does not often take place until a long period has passed after the downturn occurs and has the ability of prolonging the downturn through crowding out