International Issues Essay

Abstract No two countries have the same political and legal system. Each country has its own laws and regulations on business and products. When doing business in another country it is important to know the laws and abide by them. Culture plays a huge part in a business’s success when venturing into a foreign market. Being sensitive to the cultural and religious beliefs in that country is important to a business’s long term success. A business needs to be educated in the laws, customs and cultures of that country so that business will be able to comply and coincide with that country. A business needs to know how and where to resolve any legal issues that may arise while doing business in that country. Disputes need to be handled in a way that is respectful to that country and adheres to the contract in which the parties agreed. International Issues Issues in Legal Disputes in International Transactions â€Å"International transactions and dispute resolution requires both an understanding of the law and a sensitivity to foreign culture, politics, formal and informal power structures and decision-making approaches† (White and Williams LLP, 2013). When entering into a contract with a foreign country, one needs to be very specific in the contract about how to resolve any issues that could come up between the two companies. Deciding and agreeing on where issues will be resolved is a key element in the contract. Going to court can be costly for both companies and the decision made by the court could take an extended amount of time. If the companies were to go to court, deciding in where the court hearing would take place is another issue. If the hearing was to be held in the foreign country, the laws might not be the same and that country might not have much experience in international disputes. If the hearing was to be held in the United States, the other company and the country’s government it resides in could become hostile and not uphold the ruling. Arbitration would be the best way to resolve any disputes between the two countries. Arbitration can save a lot of time and money for both companies while also protecting the images of both companies by not having a lengthy trial in the press. â€Å"Arbitration is often less costly, less litigious, and less time-consuming, and offers more privacy to the parties than litigation† (Companies Export, 2008).The ruling from the arbitration could be binding or non-binding depending on what is agreed upon in the contract. Practical Considerations When trying to resolve a dispute with a company in a foreign country, one would need to look over the written contract that was drawn up at the beginning of the relationship. â€Å"The governing law clause will set out which country’s law will apply to any dispute under the contract, and the jurisdiction clause will state in which country the legal action must be taken† (Smith, 2007). The U.S. based company needs to be aware of the laws that affect the company and the business dealings in the other country. The company needs to consider the cultural aspects, the ethical behavior, and the legal structure within that country. â€Å"U.S. laws governing the international business activities of the U.S. companies fall into two categories. The first consists of laws, such as antitrust, employment, and economic-espionage laws, that are also applied frequently in the domestic context. With respect to these laws, the international business activities of the U.S. companies are a rguably at special risk because management educated and trained outside the United States might be less familiar with these laws than management educated and trained in the United States† (Winer, 2013). Bribery is also a consideration when taking legal action against a foreign business partner because this is illegal under the U.S. Foreign Corrupt Practices Act (FCPA). In some countries, bribery and gift giving is not seen as an illegal or unethical act but a form of showing respect and gratitude. A company needs to be careful on how this is perceived because it could be seen as an illegal act on the company’s part. Factors against CadMex Time and money would work against CadMex in the sublicensing agreements. In the simunlation, Candore is under an epidemic and needs the medicine ViroBlax at a subsidized price. There would not be enough time, due to the epidemic, to work out a contract that both parties will agree upon. Each separate pharmaceutical company in Candore would have to be sought out and a new contract would have to be drawn up for each different company. This is not only costing CadMex time but countless dollars on man hours. CadMex would have to invest a lot of money into properly training the employees and building the proper facilities. CadMex would also have to insure that the generic products were to the proper standards and up to regulation. Even if CadMex was to invest the time and the money into sublicensing the drug, CadMex would lose money because the drug is being sold at a subsidized price. The royalties that would be paid out with sublicensing still would not gap the margin of loss that CadMe x has. When Customs and Laws Conflict When the local customs and the local laws conflict with the customs and laws of an organization operating abroad; the organization should look at the customs and laws in which it is operating under and those should prevail, as long as the company is following the laws in which it is to operate by. When operating abroad, it is important to be aware and sensitive to the customs of that country. Allowing employees to observe religious and cultural holidays will not only keep moral high but also will keep the company within the laws that country has. Knowing the cultural normalities and integrating those into the business model will allow for the employees and members of the community to feel that the business has their interests mind. Being able to comply with the laws of the country in which the business is in while also complying with the laws set by the country, in which the mother company resides, can be a hard line to walk. Complying with the laws of the country in which was agreed upon in the contract at the onset of the partnership would prevail. Making sure to follow the rules of the country that the business is in is important because that is where the business will produce its goods. â€Å"Employees who engage in international business are responsible for knowing and complying with both the laws and regulations of the countries in which the businesses operate and the U.S. law and regulations that apply outside U.S. borders. If U.S. law conflicts with the local customs, or if the local law is more restrictive than U.S. laws or company policies, one must follow the more restrictive law, custom or policy† (Olin, 2012). Resolving Domestic and International Issues Resolving domestic issues can be done through arbitration or through the court system. It can be as simple as suing a party and showing up to court. When trying to resolve an issue domestically, the laws are well known for both parties and the venue in which the issue will be settled is easily accessible to both parties. Resolving an issue internationally is more work involved. The issue has to be resolved through which venue both parties agreed upon when signing the contract. Both companies need to know the laws of that country and travel might be needed. If arbitration was selected, both parties would need to submit all paperwork to a panel of arbitrators and adhere to the judgment in which the panel decides. If one party does not comply with the ruling, then legal action must be taken. Conclusion When doing business internationally, a company needs to be aware of many factors. Conforming to the culture and abiding by the laws that are set in that country are essential to that business and its success. A company needs to know how to resolve issues that will come up in the daily running of the business. Being sensitive to religious and cultural norms will not only help with the moral of employees but the community as well. Adhering to the contract in which the company agreed upon will help avoid any legal action being taken against them. By following the laws and cultures of the country the business resides in will ensure success of the company and future dealings in that country. References Companies Export. (6/4/2008). Retrieved from http://export.gov/regulation/eg_main_018226.asp Olin. (2012). International Business. Retrieved from http://www.b2i.us/profiles/investor/fullpage.asp?BzID=1548&to=cp&Nav=0&LangID

Death Epitomizes American Dream, Society and Time (The Great Gatsby) Essay

Death Epitomizes American Dream, Society and Time (The Great Gatsby) - Essay Example This paper will discuss the significance of Gatsby’s death based on the three points: death of American dream, death defines the decayed or rotten society, and death conveys the limitation of time. Hard work, success, and prosperity symbolize the American dreams, which are grounded on their aim for life, liberty, and the pursuit of happiness. Gatz is presented as a man filled with spirit: aspiration, commitment, braveness, and faith. This is evident in his longing for Daisy when Gatsby stated that he seemed closer to Daisy similar with the distance of the star to the moon. He further exclaims his proximity to his dreams -- the green light on a dock (Fitzgerald). Gatsby once believed that his dream is impossible to achieve because of his distance to Daisy, but he realizes that his hope and faith never vanish. The commitment of Gatsby to Daisy is apparent in the years that have passed. For five years, they were separated, which inspired Gatsby to accumulate wealth that could mak e her proud of. Fitzgerald wants to emphasize the authentic American dream, which is not adulterated by wealth. The only visible value in the life of Gatsby is the American spirit embedded on his heart through representing his love and commitment for Daisy. Nick ascertains in his observation that Gatsby possesses an exceptional quality that is hope in which he will never find in others (Fitzgerald). This represents the death of American dream, which Fitzgerald aims to restore. He sees it as the authentic American dream that has a substance, which is far from what the 1920’s projection that wealth is an answer in order to belong in the upper strata or to buy love and happiness. It is proven by Fitzgerald that wealth accomplishes nothing. Furthermore, Fitzgerald wants to retrieve the lost American dreams through the death of Gatsby. Its ending serves as a warning to Americans that when the 1920’s perspective continues, the American’s vitality or spirit is lost. We must stop deceiving ourselves that green will lead us to a valuable and significant future in order to restore the American spirit. The unhappy ending of The Great Gatsby symbolizes the decayed society. We all know that society comprises of individuals or group of people; hence, the rotten society is represented by the characters of Tom Buchanan and Daisy Buchanan, Myrtle and George Wilson, Jordan Baker, and Jay Gatz. Nick concludes the story represents west because they are Americans that have common flaws that are not compatible with the Eastern life (Fitzgerald). This line indicates the commonality in Westerners, which depicts lies, carelessness, inhuman, self-centered, hypocrite, and pretentious. Jay Gatsby erases his past, and he is driven by his dream to accrue wealth through the easy money or illegal activities. Furthermore, Gatsby deceives people in his family and educational background by telling that he comes from an affluent family in the middle-west and obtain his educa tion in Oxford because of a family tradition (Fitzgerald). Fitzgerald points out the desire of Gatsby to be accepted in the higher strata, so he devises story. Tom and Daisy Buchanan are an epitome of selfish, inhuman, and careless human beings. Fitzgerald identified them as careless people -- they break things and individuals, then easily escape with their money, and allowed other people to resolve their problem. Tom and Daisy symbolize the new American dream, w

International Construction Contracts Essay Example | Topics and Well Written Essays - 3750 words

International Construction Contracts - Essay Example ligation that is voluntary, contrast to paying different compensations for restitution and tort in order to reverse any unjust enrichment, the English law places value on making sure that people truly consent to the deals binding them in court2. In general, a contract is formed when an individual makes an offer that is accepted by another person by communicating their performing or assent terms. If these terms are certain and contracting individuals can be presumed based on their behavior intending that the terms and condition are binding, the agreement is enforced. According to English contract law, contract law works best in situations where an agreement is achieved, and a resource to courts is not needed due to parties understanding their duties and right. According to the failure to give possession clause, which is Clause 43. 2, states that in case a contractor incurs costs or suffers delay from failure on the employer’s part to give possession according to the terms guided by sub-clause 42.1, the contractor shall, after consultations with the employer, determine the extension of time entitled to him or her according to clause 44, and the cost that shall be added to agreed contract price3. In this case, the contractor incurred additional cost due to delays cause by the employer. The contractor requested for time extension and additional cost to compensate for the cost incurred during the time and that shall be incurred in futures due to the delays. NCG should not to follow the conflict resolution process and accept the 60% offer given. I would advise NCG to avoid any other pursuit for more time and cost because according to the conditions of work contract of civil engineers construction 4th edition, the company is entitled to an extension of time and cost as decided by the engineer. According to this situation, the engineer had determined that the time and cost that the project needed was half of the cost and time. According to the English law, the engineer

Cfd ( solid work) Assignment Example | Topics and Well Written Essays - 1250 words

Cfd ( solid work) - Assignment Example There are several commercial CFD packages accessible for modeling flow in or around objects in the fluid dynamics. The computer simulations display structures and details that are expensive, difficult or impossible to measure or visualized experimentally. When simulating the flow airfoils, transmission of laminar to turbulent flow plays asignificant role in determining the stream features and in enumerating the airfoil, performance such as lift and drag. Hence, the proper modeling of transition, including both the onset and the extent of the change will lead to more accurate drag prediction. The beginning of the development is on Michel`s methods of incompressible two-dimensional flow while the degree of the change is quantified by evolving a prototypical for the intermittency role. The shape of pressure distribution is directly related to the airfoil performance. The relationship between the airfoil geometry and airfoil pressure can be predicted numerically solving the relevant equation. Pressure increases as we move further from the surface. This means that the surface pressure is lower than the pressure far away In modern laminar flow, section, usually used on sailplanes, indicates that the concept is practical for some applications. Hence, the effectiveness of the idea is not wholly acknowledged, and the "Laminar Flow True-Believers Club" meets every year at the homebuilt aircraft fly-in.This is as shown below The coordinates of the upper and lower surface can characterize it. Which is often summarized by a few parameters and they include maximum camber, maximum thickness, position of max camber, position of max thickness, and nose radius.It has to be noted that one can generate a reasonable airfoil section given the above parameters. This is shown below: In general, we can say that the use of mathematical software packages provides a number of benefits that are relevant to an engineering user. Another factor to

Corporate and global strategy Essay Example | Topics and Well Written Essays - 1500 words

Corporate and global strategy - Essay Example In the first quarter of year 2007, Toyota has been able to sell more number of cars than GM, pushing GM at the second place for the first time (USA Today, 2007). GM is headquartered in Detroit, Michigan and employs about 335,000 people. The brands include Buick, Cadillac, Chevrolet, GMC, GM Daewoo, Holden, Hummer, Opel, Pontiac, Saab, Saturn and Vauxhall. GM recorded revenues worth $192,604 million during the fiscal year ended December 2005. GM also owns equity partnerships in some regional subsidiaries and joint ventures like New United Motor Manufacturing (NUMMI), Suzuki Motor Corporation, Isuzu Motors, Shanghai GM, SAIC-GM-Wuling Automobile Company and CAMI Automotive (Datamonitor, 2006). The car market has indeed become very competitive, with major players like GM, Ford, Toyota, Audi, BMW, VW etc. vying for the international market, besides a number of local players in the car market. With technology playing a major role in advancements of the features in a car, ICT helping in making the care more intelligent, marketing communication techniques have started playing a major role in convincing the customer. General Motors has also outlined plans for ICT needs of its cares and the company has signed deals worth $15bn (Â £8.5bn) for the next five years with IBM, HP, EDS, Capgemini, Compuware Covisint and Wipro (Brown, 2006). General Motors has also unveiled E-Flex electric architecture, configured with GMs newest, most efficient hydrogen fuel cell system to date, at the recently held Shanghai Auto Show (GM, 2007). Company believes that the fuel cell technology has the potential to be a competitive alternative to the internal combustion engine - in size, performance, du rability and cost. Internationalization provides an opportunity for the company to plan out moves for a wider spectrum of customer base. Strategic decisions are concerned with the issue of setting a direction for the

Sign Language in Spain Essay Example | Topics and Well Written Essays - 2500 words

Sign Language in Spain - Essay Example These variations are due to the difference in cultures of the countries. Such differences keep evolving over time and they become part of the sign language used in the territory. In the United States there is a full history of deaf culture that goes back to fifty years or so, and it is traceable if one looks through scholarly and academic sources. Such a thing is not present in Spain, where the period of history is just around fifteen years. Besides that, in Spain it was not very long ago that there was an attempt to give an official status to their sign language (which could be Spanish Sign Language [LSE] and Català ¡n Sign Language [LSC]). It was in 2005 that they drew up a law that supported sign language; later on the language was at long last supported by the Spanish senate by the year 2007. In the United States deaf culture was actually the basis on which research had been started, more so in the groups of deaf people, universities, and in certain related courses such as linguistics and anthropology. On the other hand, in Spain the issue has just been debated a lot all this time. The biggest clash in this seemingly never ending history can be succinctly put in this manner: the attribute of oralism in deaf education during the early times is noteworthy as it broke with long believed philosophical thoughts regarding deafness and language. It is possible that this assimiliationist representation had a positive goal of including deaf people in society. There were materially important social advantages for people who could learn to talk. For example: people who were deaf and did not speak either were not allowed to inherit property, while on the other hand, people who took pains to learn to speak were given permission to inherit. Though the past of generous paternalism concerning the deaf people in Spain may have had its share of advantages, but indisputably it has not permitted the complete addition

The Feminist Movement Development Essay Example for Free

The Feminist Movement Development Essay Different sources offer different information regarding exactly when the feminist movement started. Some references state that the feminism thought dates back to the sixth century BC. The New Internationalist (1992) states: There have always been independent feminists. In sixth century BC Greece, Sappho wrote lesbian poetry and ran a girls school. The fifteenth century French writer Christine de Pisan is now regarded as a feminist thinker. In the seventeenth century English adventurer and political activist Aphra Benn was getting embroiled in the West Indian slave rebellion and writing 13 novels. The radical way in which some men were thinking during the Age of Reason incidentally changed attitudes towards women. Thinkers like Newton, Locke, Voltaire and Diderot believed that science and reason could explain the world. They began to analyze women in terms of what they deemed natural rather than what was divinely ordained. This was not necessarily better for women. From the 17th century onwards below are the major feminist movement developments according to the New Internationalist (1992). Women played a major role in the 1789 French Revolution and the ideal of Republican Motherhood took shape. But, some argued, if women had the task of bringing up the new citizens, they should also have status. Feminist pamphlets proliferated. In her Rights of Woman, Olympe de Gourges wrote: Woman is born free and her rights are the same as those of man if women have the right to go to the scaffold, they must also have the right to go to Parliament. Parisian women formed political clubs and associations to campaign on issues affecting them. But the male leaders of the Revolution were basically hostile and in 1793 they outlawed all womens clubs. A womans place was in the home, they ruled. This hostility persisted through the nineteenth century. The Napoleonic Code gave all management of family funds to the husband. Not until 1909 did French women have control over their own earnings. Not until 1944 did they get the vote. The Stanford Encyclopedia of Philosophy (2004) states the below developments on feminism from the 1800s onwards: In the mid-1800s the term ‘feminism’ was used to refer to the qualities of females, and it was not until after the First International Womens Conference in Paris in 1892 that the term, following the French term feministe, was used regularly in English for a belief in and advocacy of equal rights for women based on the idea of the equality of the sexes. Although the term feminism in English is rooted in the mobilization for woman suffrage in Europe and the US during the late 19th and early 20th century, of course efforts to obtain justice for women did not begin or end with this period of activism. So some have found it useful to think of the womens movement in the US as occurring in waves. On the wave model, the struggle to achieve basic political rights during the period from the mid-19th century until the passage of the Nineteenth Amendment in 1920 counts as First Wave feminism. Feminism waned between the two world wars, to be revived in the late 1960s and early 1970s as Second Wave feminism. In this second wave, feminists pushed beyond the early quest for political rights to fight for greater equality across the board, e. g. , in education, the workplace, and at home. More recent transformations of feminism have resulted in a Third Wave.