Assessment of LW7082 Corporations and International Business Law Essay

Assessment of LW7082 Corporations and International Business Law Essay Free Online Research Papers Assessment of LW7082 Corporations and International Business Law Essay Discuss the development of the EC programme for the harmonization of Company Law. Explain why that programme was seen as important to the economic development of the European Community and outline the various successes and obstacles encountered by that programme. INTRODUCTION The European Community is also a community of laws. The aim of the harmonisation of laws in the European Community is not focused on the creation of one single European Law in contrast to the Member States. Instead, it focuses on the harmonisation of the national legal system only to the extent which is required for the functioning of the common market. The harmonisation of Company Law was regarded as an essential part of this process. As a result, Company Law is one of the most harmonized legal areas in the European Community. This essay will be mainly divided into three Chapters: First, a brief introduction about the development of EC programme for the harmonization of Company Law. Second, analysis and consideration will be given to explain why this harmonization programme was seen as important to the economic development of the European Community. Finally, discussion will focus on the successes the Company Law harmonization programme has achieved and the obstacles it encountered. CHAPTER 1. DEVELOPMENT OF THE EC COMPANY LAW HARMONISATION PROGRAMME The development of the harmonization programme of Company Law in EC can be regarded as the issuing of a series of directives and their applications within EC member states. By harmonizing the company law, the subject was, as Scmitthoff defined as â€Å"salami tactics†, divided into numerous fields, each being regulated by a separate directive. But before we look into those directives, which form the development of EC Company Law harmonization, the legitimate basis of these directives deserves a mention first. 1.1 The legal Foundation of EC Company Law Harmonization The legitimacy of the company law of Europe must be found in the authorizing treaty provisions. The Treaty basis for the company law harmonization programme is particularly Article 44(2) (g) (formerly 54(3) (g)) and, more generally, Articles 94, 95, 293 and 308 (formerly 100, 102, 220 and 235) of the Treaty of Rome. However, the Article 44(2) (g) is of significant importance and plays the primary roles among others, since the majority of the legal bases on Company Law area has been based on that Article. Article 44 (2) (g) set in Chapter 2, â€Å"Right of establishment†, in TITLE III, â€Å"Free movement of persons, services and capital†, provides: â€Å"2. The Council and the Commission shall carry out the duties devolving upon them under the preceding provisions, in particular: †¦ by coordinating to the necessary extent the safeguards which, for the protection of the interests of members and other, are required by Member States of companies or firms within the meaning of the second paragraph of Article 48 with a view to making such safeguards equivalent throughout the Community; † Article 94, set in the chapter on the approximation of laws, require the Council, acting unanimously, to issue directives â€Å"for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the common market.† 1.2 The Directives of Harmonization Programme of EC Company Law According to Article 44, the Council shall act in the fields which that Article covers by way of directives. But in the first stage of EC Company Law Harmonization Programme, it is as always, when the harmonization of laws is attempted, progress was very slow and involved great effort. The first Commission Proposal for a Publicity Directive dates from the beginning of 1964, and the issuing of this First Directive in 1968 marked the beginning of the EC harmonization in Company Law. The first directive sought to harmonize publicity requirements applying to companies, the circumstances in which company transactions will be valid and the rules relating of the nullity of companies. Eight years later, the 2nd Directive followed dealing with the formation of public limited liability companies and the maintenance and alteration of their capital. In tenor and approach it differs from the First Directive: many of the provisions lay down detailed procedural requirements rather than simply directing the Member States to legislate to a certain end. Thus it has been criticized by some commentators for that reason. However the Second Directive is undeniably of major importance, constituting a significant step towards company law harmonization in the European Community. Following the Second Directives, it did not take too long for the Third and Fourth Directives to be issued. The Third company law Directive can be regarded as having presented a new framework for exercising cross-border collaborative economic activities. It provided for co-ordination of procedures applying to internal mergers within a Member States. The Fourth Directive dealt with disclosure of financial information and the contents of a company’s annual accounts. It complements the First Directive and is supplemented by the Seventh Directive which deals with group accounts. After that, it took another six years until the Sixth, Seven and Eighth Directives came into force. The Sixth Directive 1982 (on division of public companies) deals with the division of an existing public company into entities. The allocation of assets and liabilities among the various beneficiary companies require specific provisions to protect creditors. Member countries are not obliged to introduce this form of reconstruction but, if it is used, the process must be in conformity with the Directive. The Seventh Directive specifies how and in what circumstances consolidated accounts are to be prepared and published by companies with subsidiaries. The Eighth Directive deals with the qualifications and independence of auditors of both public and private companies. It places an obligation on Member States to ensure that auditors are independent and properly carry out their task of auditing company accounts. From the long-lasting intervals of issuing these Company Law Directives mentioned above, we can see that the process of the first stage of EC company law Harmonization programme was slow. In the beginning of the harmonization process only six Member States with six legal systems and traditions had to be considered. The legal system of these Member States based mainly on common continental European legal principles. Later, with the expansion of the European Community, the legal systems of new Member States had to be considered. Hence, the process of harmonization became more difficult. However, until 1984 still five more directives followed. In 1985 the Commission made a new start, and company law developments were given renewed momentum. In a way, this is rather surprising, for â€Å"the White Book decided upon a new approach to harmonization, i.e. abandoning the idea of uniformity and attributing equal value and mutual recognition to national legal provisions instead.† Ha ving written â€Å"less harmonization† upon its banner, the Commission paradoxically achieved more progress with general, and particularly company law harmonization than anyone had previously considered possible. So, after 1984 the harmonization process came to a turning point. As a result the Eleventh Directive and the twelfth Directive were passed in 1989. The Eleventh Directive mainly deals with disclosure requirements in respect of branches opened in a Member State by certain types of companies governed by the law of another state. The Twelfth Directive allows the operation of one-member private companies. Although both directives had considerable implication on German Corporate Law they were of a less general and fundamental approach than the First Directives. So far, there are five more directives that have not yet been passed by the European legislators. The Draft Fifth Directive dealing with corporate structure and worker participation has been the subject of much controversy. One of the most difficult topics in the Fifth Directive is the latter one, â€Å"employee participation in corporate decision-making†. The Draft Ninth Directive deals with certain aspects of groups of companies and the relationship between the participating corporations. The Proposed Tenth Directive concerns cross-border mergers and is progressing no further because fears have been expressed that a cross-border merger could be a way of escaping from worker participation provisions. The Proposed Thirteenth Directive deals with takeovers and is influenced by the City of London takeover code. Finally, the Proposed Fourteenth Directive deals with the Relocation of Registered Office. Besides these Directives known under their numbers, there are some other directives which played a very important role in the EC Company Law Harmonization. For example, The Major Shareholdings Directive focuses on the disclosure of interests in shares. The Insider Dealing Directive, which was implemented in the United Kingdom by Part V of the Criminal Justice Act 1993, with its concise provisions to deal with share market abuse in general and to improve enforcement, virtually placed the investors on an equal footing. Also, a Directive was proposed in 2001 to deal with share market abuse in general and to improve enforcement. From analyzing those directives in EC Company Law Harmonization Programme, it is obvious that a lot of achievements have been made, such as nullity, minimum capital, disclosure and publicity requirements, mergers of public companies and accounts. However, it is still too early to regard that this programme as successful. Some controversial areas such as management structure, employee participation, groups and international mergers?are still pending. They are what EC and Member States should work on in the future of harmonization programme. 1.3 The suitability of directives as the instrument of harmonization By virtue of Article 54 of the Treaty, the Council, in order to attain the effectiveness of the freedom of establishment, â€Å"shall act by means of directives†. The use of the directive as an instrument has both advantages and disadvantages. Traditionally, the general view is that the advantages predominated. These advantages are flexibility and greater freedom of movement for member states, which makes it easier to introduce Community rules into their national laws. This flexible character of directive has many advantages: in a multicultural, multilingual economic area, agreements on common principles of Company Law can be reached without having to agree about the precise wording in the actually applicable provision. It allows bridging the considerable differences in the legislative traditions of the Member States, and also allows each state to use its own wording and language, as the directive only binds as to its result, not as to its forms and methods. For these and ot her reasons, there is a greater readiness to agree upon directives. As Hopt wrote: â€Å"the use of directives does, of course, not preclude the possibility of very detailed regulation, nor does it mean that national legislators may not be well advised in particular cases to follow the text of the directives more or less verbatim. The directive may also go into so much detail that member states have little practical alternative to taking over the directive verbatim.† On the other hand, the Directives still bear some disadvantages as well. The problem arises especially when we look into those particular areas which require comprehensive regulations. Although the directives leaves a degree of discretion to Member States for its transformation, many of them lay down merely the minimum standards to achieve the result specified in those directives. Some of them, such as the Fourth, Seventh and Twelfth Directives, are in the form of a framework for the regulation of a particular matter, as Member States may well introduce additional provisions to create differences between national laws. This fact will inevitably raise the problem of â€Å"blocking effect† from Company Law directives. That is, on the one hand, those directives must be detailed in order to cover multiple aspects of particular matters. However, the detailed provisions may lead to a â€Å"block effect†. Additionally, despite the detail in the directives there still exist s ignificant differences between company regimes in Member States. 1.4 Adoption of Regulations in EC Company Law Harmonization Programme The common market implies the creation of Europe-wide companies, which must be able to act throughout the Community in the same way as in their own country. It thus requires making available new forms of association and co-operation. Therefore, the process of harmonization has always been accompanied by â€Å"a process aiming at the creation of supranational regulations†. The use of regulation for harmonization has considerable advantages. Firstly, unlike the directive, it does not need, any further implementation at national level, thus avoiding long process of adoption of the Community provision by Member States. Secondly, being directly and equally applicable all over the Community, the regulation serves to ensure the same features all over Europe. Also, some disputes about the interpretation of the regulation ultimately have to be submitted to the European court, leading to a more uniform interpretation. In 1985, with the Regulation on the European Economic Interest Grouping (EEIG) a new model for a supranational corporation was introduced. In order to accelerate the introduction of the EEIG the European legislator focused only on the provisions with European background and therefore the national Corporate Laws of the Member States still apply. It is argued that Due to the application of national law besides the provisions of the regulation, the EEIG could not provide the sufficient flexibility and legal certainty that was expected by introducing supranational corporations. At the conference of Nice in December 2000, the Member States finally agreed on the introduction of the European Company or Societas Europaea (the â€Å"SE†). The Regulation on the Statue for a European Company has been adopted by the Council on 8 October 2001. Its virtue is to provide companies that want to act or establish themselves in another Member State with the option of being subject to one set of legislation. Besides these two most important regulations mentioned hereinabove, other Regulations, such as Insolvency Proceedings Regulation and International Accounting Standards Regulation, also make considerable contribution to the EC Company Law Harmonization Programme. CHAPTER 2. The reasons why EC Company Law Harmonization Programme was seen as important to the economic development of European Community Article 2 of the Treaty indicates that its footstone and aim are the establishment of a common market. For that purpose, the activities of the Community are to include the abolition as between Member States, of obstacles to the free movement of goods, persons, services and capital and the approximation of the laws of Member States to the extent required for the functioning of the common market. The divergences in national laws among Member States will cause a lot of problems and can frustrate the functioning of the internal market. The primary reason is that competition can be distorted. The establishment of companies or other enterprise entities will bring in a lot of relevant attractive economic effectiveness, such as tax revenues, expansion of employment, market development and innovation, shareholder and investor interest, etc. If national company laws governing importance areas of creditor and shareholder protection and company management are fundamentally different, this may be expected to create a European â€Å"Delaware effect†, encouraging the establishment of new companies in those Member States with the most attractive and laxest laws and policy. It will then run contrarily to the economic efficiency, since corporate decisions of cross-border establishment and activities should be solely taken on the economic grounds without being significantly influenced by the relative burden of domestic regulation. Different laws will definitely impose administrative and legal burdens on companies with subsidiaries in several Member States. Once companies are free to move their seat or registered office to another Member State, it should be ensured that members and creditors are not prejudiced by the relocation. With the Harmonization of Company Law in European Community, equivalent creditor and shareholder protection should encourage cross-border credit, corporation and investment, thus the economic development of European Community as a whole can be expeditious and rational. What should be mentioned here is that, regulations play an indirect but important part in the economic development of European Community. For example, The Regulation on the European Economic Interest Grouping (EEIG) has created a new type of co-operation, which enables companies in one Member State to co-operate in a joint venture with companies or legal persons in other Member States. Moreover, European Company Statue Regulation (the SE) is of central importance. It enables companies to act throughout the Community in the same way as in their own country. The regulation, in a sense, can insure that all the Member Countries in EC would have available the same basic structure for a company’s establishment and business, no specific States would prevail over others. In this way, the EC Member States can pursue their economic development in a fair and healthy environment. It can be seen as one of the major successes of that more than 30 years old programme. CHAPTER 3. The Successes and Obstacles of EC Company Law Harmonization Programme As mentioned hereinabove, the aim and virtue of the EC Company Law Harmonization, which are reflected in the provisions of the Treaty, is the establishment of a common market. It can be said that the Programme, from its beginning, focused on â€Å"the prevention of the so-called Delaware-effect in the European Community†. The successes of this Programme are obvious and impressive. 3.1 Adoption and Implementation of EC Directives within national legislation. Most of the directives are agreed and adopted among the Member States, which can be seen as the symbol of the significant realization of EC Company Harmonization. The directives in respect of nullity, minimum capital, disclosure and publicity requirements, mergers of public companies and accounts, have been adopted. Most of them have been implemented within the level of national legislation in either some or all EC Member States. 3.2 The breach of legislative barrier among Member States. As mentioned in CHAPTER 2 of this essay, the process of EC Company Law Harmonization is also a process to break down the legislative barrier among the Member States. The harmonisation programme will directly facilitate the free movement of goods, persons services and capital, which will ultimately benefit the creation of a common market. 3.3 The Achievements of Right of Establishment. Because of the absence of an overriding European regulation and the great importance of this issue for the freedom of establishment of firms in the EU, the European Court of Justice (ECJ) has been confronted with this issue at several occasions. In its first decision (Daily-Mail) of 1989, the ECJ held that the right of establishment does not include the right of a company incorporated under the legislation of a Member State to transfer its central management and control to another Member State. Later, with the judgments of the ECJ in Centros and ÃÅ"berseering cases, the circumstances of an legislative competition have fundamentally changed. Due to the Courts displayed, wider understanding of the right of establishment, companies can now move their central management and control from one Member State without the need for further proceedings. In effect, the ECJ has given the right of establishment a â€Å"radically new, wider interpretation†. A company can now be found in a M ember State without having later any further relations to it, which has been a central obstacle to legislative competition in the past. However, the Harmonization Programme which lasting over the past 30 years has inevitably arise some question and controversies. They laid the stumbling block for further progress of this programme. Certain criticism of the company law harmonization programme has been mentioned above CHAPTER 1.3, in respect of the suitability of directives as the instrument of harmonization. Apart from that controversy, this programme also encountered some other obstacles. 3.4 Inefficiency of Directive Implementation The necessity to implement a directive in order to make it more effective in national law sometimes causes problems of inefficiency. Although the European Court of Justice has recognized the direct effect of directives against Member States, this implementation duty is still a weakness, since directives â€Å"have no horizontal direct effect, i.e. in relations between individuals.† Moreover, since directives are directly addressed to Member States but not to companies directly, directives do not provide directly enforceable rights to the companies, to investors or other stakeholders. 3.5 Comprehension and Communication of legal Concepts. A particular problem in seeking to harmonize the Company laws among Member States with disparate legal traditions is the difficulty in dovetailing legal concepts. A directive may focus on an area in which specific concepts are familiar to one State’s understanding of the law but alien and hard for another legal culture to comprehend. For example, the concept of the company organ introduced into Community company law, which was borrowed from German Law, is familiar to the states whose legislation is originated from the Napoleonic code but uneasy for the United Kingdom to analyze the company transactions within the framework of agency. Also, similar problems arise from the use of terms which may not be sufficiently proximate in the different language versions of a directive and in the Member States’ implementation. 3.6 The restrictions of fields harmonized in Directives Criticisms have been directed at the Commission’s priorities for the subject of adopted directives or the undertakings which are subject to them. For example, the pattern of incorporation as public and private companies in the different Member States is significantly different. The Second Directive, which is restricted to public companies, can obviously distort the harmonizing effect of measures applying only to one category of companies. The United Kingdom and Germany, for example, have relatively small numbers of public compared to private companies. 3.7 The problem of compromises in the EC legislative processes In the beginning of the harmonization process only six Member States with six legal systems and traditions had to be considered. The legal system of these Member States based in part on common continental European legal principles. Due to the growth in number of Member States, compromises have always been difficult to reach. Hence, the process of harmonization faced with stagnation. At the conference of Nice, the Member States tried to handle this problem by simplifying the legislative process. But these amendments and institutional reforms will most likely not be able to solve this stagnation problem. While the future of the following directives and other legislative acts are uncertain, the existing Directives and Regulations about corporate law will- taken by themselves be hard to change. CONCLUSION Having evaluating the EC programme for the harmonization of Company Law, it can be concluded that the overall progress is impressive. However, it is yet too early to say that this programme is an absolute success. The Commission acknowledges that there is much work remaining to be done regarding the legal framework for company law. There still exist the problems such as the complete freedom of establishment of companies â€Å"in a strict sense† , sufficient protection of creditors and shareholders. Moreover, the rules relating to takeovers and the board are important elements of company law, and harmonisation cannot be brought much further before the conflicts in these areas are resolved. What has been achieved so far for this Harmonization Programme will become the history for tomorrow, what should be done now and in future is more important and crucial for legislators to consider, on both European Community and national legal system levels. Taking for reference the past achievement and obstacles, we are awaiting the further progress and achievements of EC Company Harmonization Programme. BIBLIOGRAPHY Christopher Bovis, Business Law in the European Union, London: Sweet Maxwell, 1997 Cagdas Evrim Ergun, The European Community’s Company Law Harmonisation Programme: Successes and Failures C. M. Schmitthoff, â€Å"The Future of the European Company Law Scene† in The Harmonisation of European Company Law, London 1973 C. M. Schmitthoff, â€Å"The Success of the Harmonisation of European Company Law†, (1976) 1 E.L.Rev. 100 â€Å"Consolidated Version of The Treaty Establishing The European Community†? (Available at http://europa.eu.int/eur-lex/en/treaties/dat/EC_consol.pdf) Daniel C. Esty/Damien Geradin (Eds.), Regulatory Competition and Economic Integration. Comparative Perspectives (Oxford University Press: Oxford/New York 2001) Dr. Rob Wilmott, CBE, Co-chairman of European Silicon Structures, speaking at an EEIG conference, Brussels, April 18, 1989 E. Wymeersch, Company Law in Europe and European Company Law, Financial Law Institute, Working Paper Series, April 2001 KLAUS J. HOPT, Company Law in the European Union: Harmonization or Subsidiarity. Roma 1998 (available at http://w3.uniroma1.it/idc/centro/publications/31hopt.pdf) J. Wouters, European Company Law: Quo vadis?, Common Market Law Review, Vol. 37, 2000 Janet M. Dine, The Community Law Harmonisation Programme, European Law Review 1989 R. R. Drury, A Review of the European Community’s Company Law Harmonisation Programme, (1992), Bracton Law Journal, reprinted in Hicks Goo Casebook Sebastian Mock?Harmonisation, Regulation and Legislative Competition in European Corporate Law, German Law Journal Vol.3 No.12-01 December 2002. (Available at germanlawjournal.com/article.php?id=216) Vanessa Edwards, EC Company Law (Oxford University Press: Oxford/New York 1999) Research Papers on Assessment of LW7082 Corporations and International Business Law EssayMoral and Ethical Issues in Hiring New EmployeesPETSTEL analysis of IndiaDefinition of Export QuotasAppeasement Policy Towards the Outbreak of World War 2Influences of Socio-Economic Status of Married MalesAssess the importance of Nationalism 1815-1850 EuropeNever Been Kicked Out of a Place This NiceOpen Architechture a white paperAnalysis of Ebay Expanding into AsiaRiordan Manufacturing Production Plan

Using Teams at the Engineered Materials Business Unit Essay Essays

Using Teams at the Engineered Materials Business Unit Essay Essays Using Teams at the Engineered Materials Business Unit Essay Essay Using Teams at the Engineered Materials Business Unit Essay Essay Amalgamate Products is a multibillion-dollar company headquartered in Atlanta. Georgia. which specializes in a big choice of merchandises and services. It is a planetary company with many locations around the universe. The company consists of a really little staff. and its organisational construction is really decentralised. with each concern unit held accountable for its ain P A ; L. In the early 1980’s the corporation began its scheme of geting several new companies. In 1999. Consolidated Products purchased a concern unit. Engineered Materials. from Andreas Manufacturing. Engineered Materials was the smallest of the five companies that were portion of the Consolidated Products acquisitions during the last two decennaries. Amalgamate Products recognized the differences in the company and its new acquisition from the beginning and understood that challenges would ensue in the integrating procedure. Engineered Materials brought along its civilization from Andreas Manufacturing. which was an old school manner of thought and rigorous hierarchal organisational construction. Over the past few old ages. it has focused its attempts on seeking to alter and incorporate the civilization of Engineered Materials in order to suit into the entrepreneurial manner of the overall company. Unfortunately. its attempts were non successful. In 2003. the company’s gross revenues consequences had decreased by eight per centum. while many of its rivals had gained over five per centum. Effective leading and cross-functional squads are ever of import factors within a company to derive success. An effectual leader is critical when it comes to running a company. It is highly of import for an effectual squad leader to possess great communicating accomplishments to be able to pull off several employees or squad members. Besides. a team leader must demo assurance when taking determination and giving out orders to his or her employees. Others look up to person that is confident and that provides the motive to act upon each and everyone one of its staff members to endeavor for success. At the same clip. a team leader should ever be respectful to others and ever cognize when to take the incrimination when something goes incorrect. Even though there is a strong relationship between leading and cross-functional squad leaders. leading it is non the lone of import feature in a cross-functional squad. A cross-functional squad leader must be able to put ends and aims for squad members to carry through. Since employees from different sections of a company are acquiring together to work as a group. it is highly of import for a squad leader to construct upper direction sponsorship and support. to be able to supply all the resources necessary for the squad. Besides. by adding positive squad kineticss with clear and broad communicating. a cross-functional squad leader can be able to accomplish the team’s ends. All these features of leading and cross-functional squad leaders will assist work out the issues in Amalgamate Products. Issues such as employees non being committed to their assignment. or non understanding squad ends. will no longer be a battle within the organisation. Therefore. Amalgamate Products can go even more successful and go on to turn as a company. In any cross-functional squad it is of import to be able to hold the right resources available at all times in orde r to be successful. doing certain that everything is in topographic point before a squad starts working together. Therefore. sing resources and logistics plays an of import function when it comes to a cross-functional squad. Some of the inquiries that cross-functional squad leaders should reply before piecing a group together are: Do you need dedicated squad infinite? Does the squad necessitate a budget? Does the squad member have entree to all the information from the different sections involved? Is a shared country needed for hive awaying information? These are some of the of import issues that can impact the effectivity of a team’s public presentation. By doing certain that upper direction is back uping and patronizing the team’s activities. a cross-functional squad leader would be able to supply the resources necessary to be able to public presentation successfully as a squad. When a company purchases a new division. it is of import that they provide change direction in order to do the passage go swimmingly. In this instance. the new Engineered Materials division is holding som e issues with the new squad based direction manner. One manner to assist passage this division is to supply preparation to the employees. First. you would desire to interview the employees and roll up informations on precisely why they are holding jobs within their squads. We would so desire to take analyze the information and understand which ailments can be fixed by direction. and which ailments are due to the deficiency of preparation in the squads. We would so take all of the factors that can be influenced by preparation and interrupt them up into classs. When analysing the instance. we decided that there are many countries that should be explained better and need extra preparation in order to hold an influence on the squad members. The first measure in the preparation procedure that we decided on would be implementing a wages system that would incentivize the members so that they will non hold the feeling that it is non in their occupation description. They should informed that the squad procedure is portion of their occupation a nd that they will each be held accountable for public presentation. Management besides should put up squad edifice exercisings for each squad. The squads do non cognize each other really good and hence they do non hold assurance in the other members. If the squads were to be involved in exercisings that help to construct relationships among them. so the members would work better together. The squads should be advised on what the ends are for them. Then the direction should include the benefits to accomplishing these ends. The squad members will respond otherwise if they are introduced to benefits that are individualized and non merely company benefits. There should be a scheduled clip for the squads to run into. and the squad public presentation should be evaluated. Management should hold a meeting that every squad member is required to go to. During this meeting. they should discourse the benefits to holding a squad based direction system. Management should besides portion positive experiences that other companies have had that would assist act upon the importance of the construct. During this meeting. companywide ends should be discussed. All employees are funny about what they are working towards in every section. It helps to supply an overview of the vision and what they are endeavoring towards. Whenever squads meet their ends. they should be announced throughout the whole company. Each member of the squad should be given acknowledgment. Last. the direction needs to be cognizant of what the squads need to be successful and should supply them back up to promote them to work difficult towards the ends. Our confer withing squad has decided that if the Consolidated direction follows our suggestions and gathers a farther apprehension of what it takes to construct and keep the squads. they should hold a successful execution of the squads. As we have stated. the company needs to work on doing the members understand the importance of the squad determinations. and they should besides supply them extended preparation. The squad leaders should be provided specific developing on how to take a group successfully. The squad leader must hold full committedness towards the squad. and must work with the members to come up with the best thoughts. Developing a squad typically goes through four phases. The squad goes through organizing. ramping. norming. and executing. The Engineered Materials division is presently in the storming phase. Once equal preparation and apprehension is provided. the company will travel onto the following phase. Transfering a concern from a hierarchal direction manner to a squad based manner is non easy. and takes clip. Plants Citedâ€Å"Setting up a Cross-Functional Team. † – Team Management Skills from MindTools. com. N. p. . n. d. Web. 02 Nov. 2012. â€Å"Managing Cross-Functional Teams. † – Team Management Training from MindTools. com. N. p. . n. d. Web. 02 Nov. 2012. â€Å"Bruce Tuckman: Forming Ramping Norming Performing Team Development. † Businessballs. com. N. p. . n. d. Web. 01 Nov. 2012. .

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Leadership dyad outline - Essay Example Bringing changes in the organizations is a basic need to expand the business activities by adopting new ways and strategies. An effective leader is also an innovative leader. Some researchers suggest that the Consideration structure of the leadership styles should be strong by comparing to the initiative structures. The consideration is strongly correlated to the job satisfaction criteria. Walter and Humphrey conducted a research on emotional intelligence and leadership styles to know the effective and performance based leaders’ emergence within the organizations. The result of the research shows that the emergence leadership style 100% effects on the emotional intelligence of the leaders. The effective behavior of the leaders influences 81% on the emotional intelligence. The effectiveness of the leadership influence 87.5% to the emotional intelligence. The research findings present a true picture of the emotional intelligent and its impacts on other variables. It is also included that the role of emotional competencies is important for leadership emergences to perform efficiently through effective strategies implementations. All the leaders are hardworking to perform efficiently. The leaders who have a few skills or not well educated, are called ineffective leaders. The qualities of decision-making choices differentiate the types of ineffective to effective leaders. The effective leaders are sensors, intuitivists, thinkers, feelers, extraverts, introverts, judgers, and the

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What was the Western new imperialism, and how did it develop - Essay Example The western countries depended upon African and Asian countries for raw material and colonization was a means to access and exploit the rare and precious commodities of the colonies. Apart from this, for some imperialists, the motive behind imperialism was to spread Christianity, or Western ethics, laws and culture around the world; for others, it was the precious commodities of Asian and African countries and golden chances for investment. For some, it was merely for personal or national glory or a strategic advancement. 1 â€Å"In short, British and French motives were characteristic of the medley of motives that constituted late nineteenth- and early twentieth century European imperialism.† (Fieldhouse 341) The three leading imperialists: Great Britain, France and Germany had their respective motives and interests in establishing their imperialism. Germany wished to defeat the rising socialism in the country and to prove that it was equal to the British by acquiring its own empire. Great Britain had the most advanced maritime technology that enabled it to expand its empire. France, having defeated by Germany in 1871 needed to restore its international standing, which was achieved by imperial expansion in Africa and Southeast Asia.2 In February 1885, the main European powers who were actively vying for control of large parts of Africa signed the Berlin Act which formalized the process for the partition of Africa. France, Germany, Britain and Portugal all had interests in West Africa and the Act provided the guidelines by which each then proceeded to define their territories.3 Thus western new imperialism was greatly facilitated by the technological advancement in the development of machinery, railways, roads, steam-ships, factories and global trade. The weak political structures and their internal conflicts in Asian and African countries made them vulnerable to the new imperialism. The long term

Criminal justice, procedure and human rights Coursework

Criminal justice, procedure and human rights - Coursework Example Of course, these are the extreme limits and the judge imposes sentence based upon the facts of the case. Although by statute there is no distinction drawn between voluntary and involuntary manslaughter, that is to say there is only one crime manslaughter, in general the distinction between the two are commonly acknowledged. There are two major categories that fall within the scope of involuntary manslaughter. These are: Constructive manslaughter assigns guilt to the defendant even though they may not have intended the injury or death of the victim and a reasonable person may not have conceived that the death would result, but the responsibility for the death, none the less, is found in the commission of an illegal "quite unconnected and possibly minor unlawful act" (LAWCOM 237, 1996: p. 13) which resulted in the death. ... Constructive Manslaughter Constructive manslaughter assigns guilt to the defendant even though they may not have intended the injury or death of the victim and a reasonable person may not have conceived that the death would result, but the responsibility for the death, none the less, is found in the commission of an illegal "quite unconnected and possibly minor unlawful act" (LAWCOM 237, 1996: p. 13) which resulted in the death. As found in Creamer1: A man is guilty of involuntary manslaughter when he intends an unlawful act and one likely to do harm to the person and death results which was neither foreseen nor intended. It is the accident of death resulting which makes him guilty of manslaughter as opposed to some lesser offence. In R v Mitchell2, at appeal the court found that several criteria must be met in order to establish that manslaughter due to an unlawful act had been committed. Upon decision the court found that to be convicted the following four conditions need to be met: The defendant committed an illegal act The act was dangerous in that a reasonable and sober person would recognise the inherent danger of act committed The death of the victim resulted from the act The defendant intended to commit the act even though they may not have foreseen the consequence of the death of the defendant In order to understand the criteria of each point required to show cause for a guilty verdict of involuntary manslaughter, it is necessary to review the case law for each of the above points. R v Franklin3 established the precedent that the defendant must have committed an unlawful act in order to be convicted of manslaughter. This was upheld in R. v. Lamb4. In R v Dalby5 the court attempted to establish that the defendant's

Chronic Disease Essay Example for Free

Chronic Disease Essay Chronic disease is an illness. It can be regulated but not cured. It is in most cases a long-lasting medical condition that can have a long-term variation in the body (Prakash, Porwal, Saxena, 2012). There are many cases of chronic disease around the world but in the United States it is the foremost cause of death. Seven out of 10 deaths amid Americans every year are from chronic diseases. One disease that can be severe, depending on the stage is colon cancer. It is also known as colorectal cancer. It grows in the digestive tract, which ultimately can change into a cancerous polyp. A polyp is a benign growth on the body that sometimes becomes malignant (Prakash, Porwal, Saxena, 2012). This means it can spread throughout the body. The colon is complete with three parts, the ascending, transverse, and descending also known as the sigmoid colon. It lies within the large intestine and is directly above the rectum. The sigmoid is to help digest, process, and eliminate food. If someone were to get colon cancer it would start in the sigmoid and if it is not treated early, it can result in losing his or her colon (Prakash, Porwal, Saxena, 2012). There are quite a few risk factors with this disease; the people who have the highest risk to develop colon cancer are 50 or older, the chances increase with age. Gender also plays a big role; they say men have a higher risk than women because they tend to have more occurrences with adenomas or benign tumors in tissue glands. There are also two types of medical conditions that increase chances of acquiring colon cancer; they are ulcerative colitis and Crohn’s. Another name for them is Inflammatory Bowel Disease. They are set off by long-term inflammation. My boyfriend has ulcerative colitis and a friend has crohn’s disease, they have to get regular checkups every six weeks and an infusion. Otherwise they would be sick and probably develop colon cancer. They also get colonoscopies every so often seeing how much of a risk they have. According to Emedicinehealth (2012), â€Å"A colonoscopy is a procedure through which a physician inserts a viewing tube (endoscope) into the rectum for the purpose of inspecting the colon. During a colonoscopy, polyps can be removed, bleeding can be cauterized, and a biopsy can be performed if abnormal areas of the colon are seen† (para.27). To do this procedure they, use an endoscope. It is a medical tool made up of a long tube inserted into the body. It may sound scary to have done or painful, but it could save a life. Some ways to decrease modifiable risk factors for colon cancer are by doing what is best for the body, just like with any other types of disease but there are a few differences. One important thing to do is screening, which is a test for a disease (2002). That way if one does have any polyps it can get removed before becoming cancerous. Another important thing to do is diet, especially if they are obese because obesity is a high risk factor. Fats, alcohol, and too much red meat can also lead to a higher risk. Eating more vegetables, exercising, and maintaining a healthy weight, these are good lifestyle choices, and everyone should keep them in mind. (Davies, Batehup, Thomas, 2011). One thing that lowers the risk of most cancers is staying away from smoking; it is a bad habit for anyone, whether they are sick or not (Daniela, Simona, Imola, 2011). So if one starts to have symptoms such as rectal bleeding, dark stools called melena which is began by bleeding into the bowel, passing of solid waste, gas discomfort, backache, and liquid discharge from the rectum, they should go immediately to see a doctor because those are signs of a tumor in the colon and can lead to severe colon cancer. If someone needs help or support when dealing with colon cancer there are quite a few sources of help that he or she may reach out to. The American Cancer Society, the American Psychosocial Oncology Society (APOS), and Fight Colorectal Cancer.org. These organizations care about people and their needs. Colon cancer is a very serious disease and can be life threatening. So if you or someone you love has cancer make sure to eat healthy, exercise, avoid unhealthy habits, such as smoking and get daily screenings to protect yourselves. Acquiring a polyp or strange bleeding from your rectum can be life threatening, so a screening and a colonoscopy is crucial. ‘Works Cited Continue colonoscopy screening in stable patients, regardless of age. (2002). Geriatrics, 57(1),23.http://ehis.ebscohost.com/eds/pdfviewer/pdfviewer?sid=7cc2eb43-5583-4161-b181 f6ccc2c74387%40sessionmgr112vid=3hid=102 Daniela, C., Simona, B., Imola, T., Melania, M., Silvia, S. (2011). Smoking and the

Theories On Domestic Violence Causes

Theories On Domestic Violence Causes Previously there has been a lot of work done to determine the causes of domestic violence and their relationship with it. This literature review focuses on the theories related to causes of domestic violence and highlights the key findings of these theories. This literature review is a summary of selected sources which directly or indirectly address domestic violence and its causes. Sources range from academic research papers, other literature reviews, scholarly articles and online books. Work and family have reciprocal relationship with each other and this has been proved by the research and the effects of one are spilled onto other. Occupational spillover effects are best explained by feminist and work-family theories because work and violence are gendered. Research that was done previously has ignored issue of violence when analyzing occupational spillover and has only focused on occupations influencing workers identities health outcomes, renting styles and health outcomes. Relationship is being discovered by researchers between interpersonal conflicts and arguments at work leading to arguments at home. There are few family violence researchers who have focused on occupational characteristics affecting intimate relationships. Occupational violence spillover means that men in physical violent jobs are more likely to cause violence on their partners because they have learnt at work that violence Is a legitimate way to exercise control on their partners. Compensatory masculinity focuses on work-family linkages and according to this, men who are unable to earn satisfactory income level and are dissatisfied in their working environment try to gain satisfaction at home by perpetrating violence at their female partners. It has been found by family violence researchers that men in blue collar, male dominated occupations have higher rates of domestic violence as compared to men having white collar jobs but the issue has not been examined thoroughly. Research has concluded that men in physically violent occupation usually bring their work home in the form of violence and their female partners suffers from occupational spillover. Few work-family researchers have focused on the role of occupational stress in causing domestic violence on intimate partner and are unable to explain the root causes of violence. Research on intimate partner violence has explained the connection between income, education and employment with violence. Marital dependency (Kalmuss Straus, 1990; Straus, Gelles, Steinmetz, 1980) and stress frustration theories (Holtzworth-Munroe, Bates, Smutzler, Sandin, 1997; Riggs, Caulfield, Street, 2000; Straus, 1990; Straus et al.) view income, education, and employment as indicators of access to economic resources. According to Anderson, women face risk of abuse due to power differences rather than sociodemographic position. Traditional status of men along with several sociodemographic factors such as income, education, employment, race and social class increases the risk for women to face intimate partner violence. Marital dependency theory suggests that women are financially, educationally and occupationaly dependent on their male partners which limits their ability to end violent relationships. 1986). Lupri, Grandin, and Brinkerhoff (1994) suggest that because men hol d the majority of high paying positions in society, it follows that they also command higher power in have adverse effects on marital relationships. Rogers and Amato (1997) and Rubin (1994) find that husbands with low level of income are likely to feel more insecure and consequently the couple will experience more marital problems. Socioeconomic differences favouring women are often viewed as uncomfortable and problematic by male partners. According to Jasinski (2001), violence is used by men to construct traditional masculinity and when men are unemployed and unable to financially support their family, they use violence as a mean to regain their masculinity. Researchers have analyzed the impact of mens and womens financial contributon to household income and have concluded that overall poverty increases the risk of violence rather than income disparity between intimate partners. (Anderson, 1997; McCloskey). Moreover, employment is also considered as an important factor causing violence and according to Macmillan Gartner, a woman is more likely to experience violence when she is employed and has a higher job status compared to her husband. Many researchers have also found that women with higher education compared to their partners face greater risk of intimate partner violence than women with lower education (Hornung et al DeKeseredy and Hinch (1991) Family violence and feminist researchers have focused on the role played by socioeconomic factors in causing partner violence but the literature lacks the exact role played by these factors in causing physical and emotional abuse so there is a continuous need to explore the relationship between income, employment and education with partner violence. Empirical analysis of the different forms of intimate partner violence and physical abuse is required to be done. According to feminist theories, men perpetuate violence in order to maintain power and control and family violence researchers have concluded that structural environment plays an important role in causing domestic abuse. It has been found that elements of structural environment such as age, race, cohabition, educational and income resources have a relationship with domestic violence and these same structural elements do not lead to the violence in a similar fashion by men. Previously the role of cultural constructions of gender was ignored by the researchers and in most studies violence perpetrated by men is examined only. Moreover. Gender theorists argue that social constructs create masculinity and femininity and construction of feminine identity is much easier as compared to the construction of masculine identity. (Connell, 1987). Men try to maintain their masculinity by obtaining higher levels of income, more education and greater occupational prestige than women (Gerson, 1993; S egal, 1990). Men with higher educational resources and earning less income are more likely to perpetrate violence on their female partners than with lower educational resources and higher income (Fagot, Leinbach, Hagan, 1986). Men use violence as a mean to maintain and re establish their power and control when they are deprived of material resources in their lives (Goldschneider Waite, 1991). The study conducted by Horning Mcullough concluded that partners hold different expectations regarding decision making and housework when they have different educational levels. The relationship between education and domestic violence should be studied more closely in the research because their relationship has been found inconsistent in the past studies (Lupri et al., 1994). Theories focusing on socioeconomic causes of domestic violence must be integrated with feminist theories to better understand the problem. There is a dire need of future research that should analyze and examine the interrelationship of sociodemographic factors and structures of gender and power. Strong relationship between domestic violence and age,cohabiting status, unemployment and socioeconomic status has been found by sociologists using national survey techniques. A link between stress and domestic assaults has been found by studies (Straus et al., 1980). Gender of victims and perpetrators hold a great importance when examining causes of domestic violence but the literature lacks an analysis of how and why gender matters in spousal violence. Furthermore, past studies of resource the ory has limitations. One limitation is that the data is collected from one partner leading to gendered reporting bias. The literature lacks the emipirical and theoretical analysis of how gender matters in the relationship between resources and violence. Research indicates that domestic violence may arise from feelings of low personal control among men and it negatively influences the personal control of women. According to perpetrator literature, feelings of personal control play a vital role in causing domestic abuse and the characteristics of perpetrator are low self esteem, poor self control and a high need for control. Research has proved that various aspects of social structural environment influences the mens ability to perpetuate violence on women and these aspects are poverty social resources, stress and unemployment. A link has been found between socio structural conditions and domestic violence by the researchers. According to feminist theories, violence is used as an instrumental act by men when they have little control over an element of their environment such as unemployment and fewer resources to maintain or re-establish their sense of control.. According to studies conducted earlier, gender greatly influences personal control and domestic violence. Johnson (1995) suggests that there may be gender differences in motivation to control, physical strength differences that make violence effective, normative acceptability of control, inclination to use violence for control. According to Kirkwood (1993), men uses their personal resources and physical power to exert control on their female partners and if they also have access to more resources, they can use these to exert further control. Research conducted earlier has indicated that relationship between personal control and domestic violence is different for men and women and the experience of abuse is entirely different for men and women. The literature has focused on men regarding control and domestic violence but it has not empirically tested the relationship between personal control and domestic violence The literature is quite broad and vague when examining male control and domestic violence and it suggests that men initiate partner violence because they have little control over their partners and circumstances of their lives. More research should be conducted to find out more relationships among personal control and domestic violence and how the association is different for men and women. Moreover, there is a need of finding out possible gender differences using qualitative research. There are many socioeconomic factors leading to domestic violence but the most important ones are poverty and low income. (Greenfeld et al., 1998; Rennison Welchans,2000, Tjaden Thoennes, 1998). According to interpersonal perspectives, the factors contributing to domestic violence are within the relationship conflict and ineffective conflict resolution increases the risk of violence for women. Family members aid in perpetuating violence on women violence (Hamberger Hastings 1993, Cunningham et al 1998, Healey et al 1998, Eisikovits Edleson 1989, Jewkes 2002). The most widely accepted theory of violence is that some groups in the society encourages the use of violence on women. According to feminist researchers, there are several control tactics used by men to exert power and control on women.