International Law †Definition Essay Example for Free

International Law – Definition Essay There have been many attempts at codifying the laws governing international activities. An international law essentially governs international activities, or activities that have international implications, between two sovereign nations or entities by common rules, standards and conditions. The concept of legally binding agreements with an international scope was first introduced by Jeremy Bentham in the last quarter of the 18th Century (ILC, 2009). Jeremy Bentham was an English philosopher who first coined the idea of an international law that would regulate all important activities or aspects of international activities like commerce, justice, high sea activity, illegal acts, sovereignty, self defense and crime (Britannica, 2009). International law is inherently different from other laws as it primarily addresses the concerns of nations and not private citizens. It can legally be categorized into three different legal disciplines: 1. Public international law deals with common law issues between sovereign states and international organizations. Legal areas that are covered under the ambit of Public international law include international crime, high sea issues and humanitarian laws. 2. Private international law also called as conflict of laws, addresses the issue of ‘private relations’ across national borders and decides on the jurisdiction of the law. It has its roots in all the conventions, model laws, sovereign laws, legal guides, and all other documents and related instruments that govern such international relationships (ASIL, 2009). 3. Supranational law also called the law of supranational organizations, governs regional agreements between two international entities and distinguishingly nullifies laws of the respective nations in a situation of conflict with their sovereign laws. Public International Law Public international law relates to the form and ‘conduct’ of individual states and various organizations across the globe. Over a period of time, there has been an increased international activity and globalization has further enabled internationalization of issues. These issues, whether, economic, geo-political, environmental, criminal or else, find their right place under the ambit of Public international law. Public international law mainly has two branches that that deal with international issues. ‘jus gentium’ or ‘Law of nations’ was initially used by the Roman empire when they dealt with foreigners. Law of nations is a common law among nations that deals with issues like peace and war, extraditions, national boundaries and international diplomatic exchanges (Wiki, 2009). The other branch of Public international law, known as ‘Jus inter gentes’, also finds its roots in the Roman law system. This branch mainly deals with international treaties, conventions and other agreements between sovereign nations and international organizations. Public international law is also used to address sovereignty issues of nations, their boundary issues and jurisdictions. They also identify the legal responsibilities of a state, their jurisdiction of a territory and other territorial issues. This may lead to a situation of conflict between the international law itself and the sovereign state. Private International Law Private international law as described earlier addresses the issues between two private international entities. This branch of law regulates all the lawsuits that involve an element ‘foreign’ in nature and ones that may result in different interpretations and judgments depending on the jurisdiction of the subject (Collier, 2001). Private international law, in a situation of conflict between two international entities, determines if the proposed forum has any jurisdiction at all over the conflict situation. It then analyses and decides on the ability of competing state laws in dealing with the dispute. This branch of international law is also responsible for enforcement of the law. The term ‘conflict of Laws’ generally refers to the disparities between laws and reflects this disparity irrespective of the fact whether the legal system is international or inter-state. The term ‘conflict of laws’ is used by countries with common law system whereas the term Private international law is used more appropriately in cases where civil law countries are involved. The term that was initially used by and American lawyer and Judge Joseph Story for a common gamut of international laws, was discarded later by the common law researchers but was adopted by civil law lawyers (Collier, 2009). Since Private international law deals with international territorial disputes and also decides on legal jurisdictions of nation states, it is generally not easy to enforce decisions. There are two different lines of legal thinking that that try to define this law. One called ‘universalism’ is a stream of thinking where the researchers believe that this branch of law is a part of international law and applies in uniformity and is legally binding to all the nation states. The other group of researchers claims it to be ‘particularism’, according to which each state has its own unique norms of private international laws and pursues them in line with its policies. There are two major areas of functioning for Private international law. ‘Sensu stricto’ or narrow sense comprises of these set of rules and guidelines that actually determine the applicability of law of a nation in relation to the dispute. ‘Sensu lato’, also called as broader sense, comprises of a set of legal guidelines that has a direct bearing on material norms crossing the borders of a state (Collier, 2009). This branch of Private international law normally deals with global issues like international insurance, realty and financial disputes. It was in 1834 that Joseph Story’s treatise on the conflict of laws introduced the contemporary field of conflicts to the system of international law. His work had a great influence on the further legal research done on English laws and thus became the heart of Private international laws for most of the commonwealth countries. Sources of International law International law has evolved over a period of time and has its roots in the Middle Eastern and European history. It was Muhammad al-shaybani who first introduced the Law of the Nations at the end of the 8th century. These were the early legal treaties that explored applications of Islamic ethical code of conduct, and Islamic economic and military jurisprudence in relation to international law. Even though these treaties were in their nascent stage as per today’s complexity of issues, they still covered a number of areas under the ambit of international law, including treaties involving diplomats and diplomatic issues, issues of war, hostages and prisoners of war, and also women, children and civilian protection issues, especially during conflicts (wiki, 2009). The first ever treaties discovered in European history were written by a philosopher, theologist and jurist, Francisco de Vitoria, a staunch Roman Catholic, in late 16th century. Most of these legal opinions by the researchers were greatly influenced by the Islamic International laws that were the only legal International law treaties that took shape in the previous few centuries. Another legal scholar Hugo Grotius in the early 17th century further researched on the international treaties governing international laws and was credited for his legal endeavors (Wiki, 2009). The concept of sovereignty further evolved from the 17th century to the early 20th century in Europe. It was in Munster, in 1648, Germany that the first such instance of any treaty governing the concept of international law called ‘Peace of Westphalia’ took shape. This is when nationalism took precedence and people started identifying themselves with a certain nation-state. It was in the United States that history saw for the first time a modern instrument of international law take shape. Lieber Code was passed in 1863 by the Congress of the United States to govern actions of US forces involved with the civil war (Wiki, 2009). This was the first ever written law detailing guidelines and rules of war that were adhered to by all the civilized nations. The sources of International law are various resource materials and the processes that have shaped it over a period of time. Most of these processes or the building blocks of rules were greatly influenced by the politics in general and the legal theories by the researchers or philosophers. The decisions taken by the judges and the writings by the jurists are considered the auxiliary sources for the development of the international law. The international treaties between nation states and organizations, and the customs are also considered international laws of equivalent legitimacy (Wiki, 2009). As per the International Court of Justice, Customs are considered a primary source for International law, along with general principles of law and various treaties. International law and Customs Customary law is already acknowledged by the International Court of Justice by a statute in Article 38(1) (b), and is also incorporated in United Nations charter by Article 92 (Villiger, 1985). Customary laws are applied by international agencies in addressing the issues related to international disputes where the application of customs is considered an equivalent to the general practice accepted a part of International law applicable to the dispute. As a thumb rule, as and when a practice becomes a custom, it is applicable to all the member states of the international community. These states are bound by these customary principles whether or not they have consented for it, unless they opposed it from the start. Customs have long been a primary source for International law. Even though codification of customary laws took place in 1899 and 1907 in the Hague and Geneva conventions, some customs that were codified, like the ‘laws of the war’, had long been the part of international customs. The new codification of customary civil laws developed over a period of time since the middle ages. The customary expressions of law that were repetitive and were widely accepted within a particular community were written into laws by the local jurists. An example of such law would be ‘custom of Paris’ that regulated the community within Parisian region (Villiger, 1985). The term ‘customary law as a part of International law, also refers to the legal norms that were developed over a period of time and with customary exchanges between two independent states either through diplomacy or with wars. Though customary laws are not considered as superior as other laws written by statute or treaties in the International law system and are loosing their influence, they still are considered and recognized as building blocks for the ever evolving international laws and given great thought in most of the scholarly works by jurists. We may find examples of strong customary laws across the globe, like the Canadian aboriginal law, that have a constitutional backing and thus have an increasing influence over deciding factors (Villager, 1985).

A Christians Experience In A Mosque Religion Essay

A Christians Experience In A Mosque Religion Essay I am a Christian by personal faith, genetics and through circumstance of being raised in the church. I have been a Christian so long that any other religion to me is of little concern to me personally. But, I do not say this to be mean because I have many friends of different religions, beliefs and races. Whatever they believe in is fine with me and vice versa. I decided to go to a mosque with my best friend since fourth grade since she is a Muslim. I learned a lot more than I originally thought and this is my journey. Humama and I have been best friends since fourth grade. My family and hers are close despite one being Christian and the other Muslim. To each other we are people, friends, and religion does not define our relationship. I asked Humama to come with me to the mosque downtown on King Street because I would feel more comfortable being with someone who knew what was going on. We decided to go on a Friday, which is their holy day. Before leaving her house in Goose Creek, we performed ritual called a Wudu. It is washing of body parts important to performing formal prayers, called Salah. She said that there is a station at the mosque for it, or they use a sink for it but it would be easier to do it before we left home. She gave me a blue outfit to wear with a matching veil to cover everything from our wrists to our ankles for modesty and respect. On the drive downtown, bundled up in a beautiful outfit completely out of my normal form of dressing, I wondered how I would be greeted and how I would be changed by this. I have walked and drove past the mosque on King Street many times. After living downtown for almost a year, you would have to be blind not to notice it. It sits there on the corner of King and Romney street, quiet and not architecturally designed like the mosques I have seen in pictures. It is simplistic in its design for its purpose. We parked and walked to the mosque and I noticed people of different races entering the mosque which surprised me. There were Blacks, Whites, and many people of Middle Eastern descent. There were young people, old people and all seemed unified in their beliefs of Allah. We entered the mosque and entered a quick prayer to bless the mosque. The prayer had not started yet, so Humama introduced me to other Muslims in the hallway. My anxiety was easing somewhat speaking to others that did not seem to mind I was there, despite being a Christian. Before entering the actual mosque, Humama and I took off our shoes to show another form of respect. Humama and I sat facing Mecca, after speaking for a few minutes to the others, she said we could offer other quick prayers while waiting for the sermon to start. I realized for the first time that the men and women were separated in the mosque. The men were in the front and the women in the back, though we could still see everything. I noticed that there were two rows of chairs and I saw that the handicapped or men of importance sat there. I sat beside Humama thinking, this is kind of unfair having to sit all the way in back and not among the men. In my church you sit anywhere, but I pulled the thought back, to not judge but participate in her faith. To get my mind off it, I thought to myself that I really enjoyed not having my shoes on since I am somewhat bohemian. Humama informed me we were waiting for the Imam, the preacher and leader of the mosque, to come out and preach which is called the Pre-Prayer. She informed that the Imam would usually come out and give a sermon on whatever he wished to or tell a religious story. He would later in the sermon connect the meaning of it to his sermon. I became a little impatient waiting for the Imam to come out, but she reassured me that he would be out shortly. After five more minutes he walked out and reality finally set in that I was completely out of my depth. The Imam, whose actual name is Mohamed Melhem did not look like a preacher to me. He seemed like a regular man yet easy to talk to. He began the sermon by welcoming everyone to the mosque and praising Allah. He was easy to listen to and to understand. He gave a sermon on serving Allah and fasting. That by fasting you gain a closer relationship with Allah. Allah is there for us and there is only one. Prayer should be consistent (they pray five times per day) and that the Quran is there to guide us. He spoke of being a Muslim in the world, that all aspects of being a Muslim should be retained once leaving the mosque. As a Muslim, your ethics and how you stick to them in the world shows how Allah is working through you. I noticed that everyone seemed in awe and took in every word he said. They seemed completely devoted to listening to the Imam speak about this, because by looking at them you could tell some found themselves again by being among peers like themselves. After finishing the sermon, the Adhan or Azan, did a call to prayer. Everyone listened and moved forward face down listening to the Azan pray. After the prayer was finished, some people continued to pray and others got up to socialize. The mosque offered food to us to raise money for the mosque. The food was similar to what I had eaten before at Humamas house and it was delicious. I do not remember the names of the food, but it did not matter at the time. Everyone socialized for about an hour and a half and some continued to speak about Allah, others about school and work. Some people were coming in late having just got off work to come in at the right time to pray. Leaving the mosque, I felt a little different. The peace of praying with others who get along despite your race. The sacredness of leaving the world outside and finding yourself again when entering the mosque. Facing Mecca and everyone praying in one direction and at one time. They all believe the same way and it shows why they have such a strong community. No one is trying to pull away and do their own thing. It made me feel closer to my own God, and that it makes life easier knowing that essentially we all have the same belief in one God, despite the different ways we worship. I gained a closer relationship with my best friend and with my God and that really changed me.

The impact of globalization in China

The impact of globalization in China Globalization is a widely used term which can be describe or defined in various ways but if we are to describe it in economic terms there are lot of definitions which all bothers down to the same point which is the removal of barriers withing boarders in order for free movement of goods and services How to view Globalization Globalization is the objective trend of economic development in the world today, featured by free flow and optimized allocation of capital, technology, information and service in the global context. It is the inevitable result of the development of productive forces and advances of science and technology, especially the revolution of information technology since the 1980s and 1990s. As a result, economic interdependence and interaction between countries are becoming ever stronger. In this massive tide of economic globalisation, no country can develop and prosper in isolation. China has learnt from her long history that isolation leads to backwardness. Development,progress and prosperity could only be achieved through opening to and integrating with the outside world, through stepping up exchanges and cooperation with other countries and through absorbing all fine results of human civilization. Therefore, we should embrace and seize the opportunities presented by globalization and adopt reforms to keep up with the steps of the changing world. Challenges brought by Globalization Due to the lack of a just and equitable international economic order, the influence of globalization on countries at different stages of development is entirely different. The dividends derived from globalization are not fairly distributed. The developed countries have apparent advantages in capital, technology, human resources and administrative expertise and in setting the rules of the game. They are usually the most active propellers and the biggest beneficiaries of globalization. The developing countries on the other hand are on the whole in an unfavorably position. Developing countries can obtain some foreign investment, advanced technologies and management expertise, but at the same time they are the most vulnerable to the negative impacts of globalization and lack the ability to effectively fend off and reduce the risks and pitfalls that come along with globalization. In the 1990s, especially in recent years, the gap between the North and the South has further widened. The eco nomic sovereignty and economic security of the developing countries are confronted with enormous pressure and stern challenges. Some least-developed countries are even on the brink of being marginalized by globalization. Therefore, in participation of globalization, developing countries should always be on alert and try by all means to exploit the advantages and avoid all kinds of risk and harm. Chinas Experience For China, globalization is often seen as a double-edged sword that brings both opportunities and challenges, advantages and disadvantages. How to turn disadvantages into advantages in the tidal wave of globalization depends on formulating the correct policies and strategies. If the policies are correct, challenges can be turned into opportunities. China has learnt many lessons and accumulated rich experiences in dealing with globalisation from its practice of reform and opening-up. In my personal opinion, they can be summarized as follows: 1. To find a road of development that suits the national conditions. In the past 20-odd years, China has maintained an annual growth rate of over 9.3% on average. China is now the 6th largest economy and the 5th largest trading nation in the world. More than 200 million people have been lifted out of poverty. The average life expectancy reached 71.8 years in 2002, close to that of a medium-level developed country. The above accomplishments were achieved against the backdrop of a volatile international situation. The reason why China can achieve so much in such a short span of time and in a constantly changing international environment is because China has found its own road of development, suitable to its national conditions, namely building socialism with Chinese characteristics. In one word, building socialism with Chinese characteristics is to base what we do on the realities of China. While sticking to the basic system of socialism, reforms should be carried out to solve the prob lems of incompatibility between the productive forces and the relations of production, and between economic base and the superstructure, so as to achieve self-perfection of socialism. Every country is different from the other. While it is important to learn from other countries in the world, no country should simply copy other countries model. 2. To adopt opening-up policy. Chinas opening to the outside world is comprehensive. It opens not only to developed countries, but also to developing countries, not only in economic field, but also in all areas of social development. At the same time, it is not a blind opening, but a self-conscious one, not a disorganized opening but a systematic one. Chinas opening proceeds and deepens in a gradual and step by step fashion. It started from the 4 special economic zones, to coastal cities, then to capital cities of inland provinces and now it has reached an unprecedented stage of all-round opening demonstrated by Chinas accession to the World Trade Organization. During its opening-up, China paid special attention to give full play to its comparative advantages to actively conduct international cooperation and competition. For instance, China has fully exploited its advantages of low cost of labour to attract foreign investment and technology to push economic development and better eff iciency and quality of economic growth. These measures have brought the Chinese economy increasingly integrated with the world economy. 3. To promote regional cooperation for better risk-resistance ability. Due to weakness in economic strength, its difficult for developing countries to resist the risk brought about by globalization on their own. Therefore, they should, through strengthening regional economic cooperation, rely on group strength to stand risks. Today, regional and sub-regional cooperation is becoming increasingly active. They complement and correlate with the trend of globalization. China has signed the Framework Agreement with ASEAN on Comprehensive Economic Cooperation with the aim of establishing China-ASEAN Free Trade Zone in 2010. The Shanghai Cooperation Organization is also forging closer economic links alongside with cooperation in security issues. Strengthening cross-Taiwan straits economic links conforms to the pattern of economic development, serves the overall interests of the Chinese nation and complies with the trend of globalization. To set obstacle to this trend is unwise and is bound to fail. More than 3 million people travelled across the Taiwan Straits, with the two-way trade reaching 44.6 billion US dollars in 2002, an increase of 38% over the previous year. More than 60,000 Taiwan enterprises have invested in the mainland. By the end of 2002, the accumulated cross-straits trade was 267.9 billion US dollars, among which Taiwan enjoys a trade surplus of 182.6 billion US dollars. Now Taiwan is mainlands 4th largest trading partner. The mainland is Taiwans largest export destination and the biggest source of trade surplus. With regard to Hong Kong, more than 50% of foreign investment China has attracted so far comes through Hong Kong. The above figures have clearly attested to a growing economic interdependence between the mainland, Hong Kong and Taiwan. We strongly hope that the Taiwan authorities can have a clear understanding of the situation and does not move against the tide of history. 4. To be vigilant against various risks, especially financial risks. The Asian financial crisis in 1997 has clearly been a microcosm of the challenges and dangers involved in economic globalization. When the crisis swept Asian countries, China adopted a responsible approach. China not only persisted not to devalue its own currency, but also contributed more than US$ 4 billion through bilateral and multi-lateral channels to help the affected countries. This has helped to stabilize the financial situation in Asia as well as the world. Many lessons could be drawn from this crisis. Developing countries have to pay special attention to the restructuring and strengthening of their financial system. Developing countries should keep the destiny of their economy in their own hands and should not lose the grip to others. 5. To push for the establishment of a new international economic order which is just and rational. A globalized economy calls for globalized regulation and cooperation. All countries, big or small, poor or rich, strong or weak, should have the right of equal participation in international economic affairs, and the formulation and revision of rule of the game should not be determined by only a small number of countries or groups of countries. To establish a fair and rational international economic order is the only way to ensure that the benefits of globalization are shared more widely and equitably. The new order should uphold the principle of equality and mutual benefit and common development. It should be conducive to narrow the gap between the North and South so as to make it possible for the trend of economic globalization to evolve in the direction favorable to the common prosperity of mankind. The United Nations Report on Human Development shows that the trend of globalization has made the poor poorer and the rich richer. If such a situation were to continue, not only the economic development of the developing countries would be in jeopardy, the economies of the developed countries would also face difficulties in achieving a steady and sustainable growth. In the process of globalization, the developed countries should assume more responsibilities in such fields as restraining the speculative factors in international capital flow, alleviating the debt burden of poor countries, opening the markets and furthering technology transfer to help the economic development of developing countries. In return, they will enjoy more markets and investment opportunities to ensure long-term prosperity. It is indeed a win-win situation which is best testified by the case of China. Chinas Contribution to World Economy Chinas participation in Globalization is by no means a one-way street. When the world economic growth remains weak, Chinas economy is one of the few bright spots. As World Bank Report on Global Development Finance 2003 published in early April pointed out that Chinas fast growth helped to drive the recovery in East Asia. Together with policy stimulus in other countries, Chinas performance lifted the region to growth of 6.7 % in 2002, up from 5.5% in 2001. Average regional growth of more than 6% is expected for the next two years, with China increasingly becoming the engine of the regional economy. China has also provided the world with the largest rising market. When more than 1.25 billion people become well-off, the demand on everything will be enormous. Just to give you an example, in the coming 10 years alone, China will import US$ 2 trillion of goods from the outside world. A recent article in the Economist highlighted the benefits brought by Chinas growth: Millions of consumers in other countries are gaining from the low prices and high quality of Chinese goods. A billion Chinese are escaping the dire poverty of the past. Business across the globe will profit from supplying a vast new market. These are wonders to be celebrated, not threats to be agonized over. . China (SMEs) And The Internationalization Process of Chinese Enterpreneurs Chinese privately owned, small and medium-sized enterprises (SMEs) are rapidly internationalizing, yet little research has been reported about how these entrepreneurs manage decisions during internationalization. This study investigates how social networks (guanxi) are used when making strategic, competitive, and marketing decisions. Interviews in China with a small sample of SME entrepreneurs revealed that cultural and ethnic factors play a surprisingly important role in their successful internationalization. In the article, we discuss managerial implications for successful internationalization of Chinese entrepreneurs, we question the completeness of current theories on the internationalization process, and we propose specific directions for future research.  © 2009 Wiley Periodicals, Inc. Little scholarly research has been conducted on how Chinese small and medium-sized enterprises (SMEs) undertake internationalization. This is surprising when one considers the very significant contributions made by SMEs to national economic growth in China in recent years. For example, 2.2 million fully private enterprises were operating in China in 2002, accounting for U.S. $200 billion in investment and employing 29.3 million people (Peoples Daily, 2002). By 2004, the nonpublic sector accounted for 53 percent of total employment, up from only 17 percent in 1995 (Demurger, Fournier, Shi, Zhong, 2007). In 2005, approximately 50 percent of Chinas GDP was the result of activity in the private sector (National Bureau of Statistics of China, 2006), and this was forecast by the Chinese Academy of Social Sciences to rise to more than 75 percent in the next five years (Peoples Daily, 2006). Similarly, RTTNews (2006) has predicted that 70 percent of all Chinese enterprises will eventually belong to the private sector, creating eight out of ten new nonagricultural jobs. By 2007, registered capital in the Chinese private sector was valued at 10.1 trillion yuan (approximately U.S. $1.42 trillion), growing at an annual rate of 22.7 percent (Xinhua News Agency, 2008). Indicators such as these demonstrate that Chinese entrepreneurs play a key role in the national economy, and many aim to become a force in the global marketplace through internationalization (I. H. Chow, 2000; Humphreys, 2007). The goal of this study is to understand how Chinese entrepreneurs in SMEs are using their social networks to internationalize their operations. (Hereafter, we refer to social networks interchangeably as guanxi, following Zhou, Wu, Luo, 2007.) A basic premise is the recognition that factors in any sociocultural and business environment will directly affect the behavior, performance, and success of local entrepreneurs (Kim, Hurh, Fernandez, 1989). This is particularly true in China, where social networking through guanxi has been found to determine success not only in business activities, but also in industrialization and modernization (Hutchings Weir, 2006). Three researc h questions guide this study: What motivates Chinese entrepreneurs to undertake internationalization? What paths do Chinese entrepreneurs take toward internationalization? what role do culture and social networks (guanxi) play in Chinese SMEentrepreneurs path of internationalization? 2009 Wiley Periodicals, Inc. Published online in Wiley InterScience (www.interscience.wiley.com) Global Business and Organizational Excellence à ¢Ã¢â€š ¬Ã‚ ¢ DOI: 10.1002/joe.20299 à ¢Ã¢â€š ¬Ã‚ ¢ November/December 2009 61 The first two questions relate to microlevel issues and decisions involving entrepreneurs themselves, whereas the third question links these decisions conceptually to elements in the broader social context of the Chinesemarket.We expect to find that guanxi plays a significant, if not critical, role in any internationalization efforts by Chinese entrepreneurs. We first present a brief economic profile of the Chinese market in order to characterize local conditions in which Chinese SME entrepreneurs undertake nternationalization. Next, we review relevant contributions to the literature in order to establish a theoretical basis for developing an interview protocol for use in personal interviews with entrepreneurs in China. Our research method is described in detail before results are presented and compared to previous findings reported in the literature. This closedloop approach is a key feature of the study because it ensures that our results do not remain merely anecdotal but are fully integrated into the existing body of knowledge. Then we explore managerial implications, acknowledge limitations of the study, and outline specific avenues for further research. This is a pioneering analysis of cultural factors affecting internationalization of Chinese entrepreneurs. Findings from this exploratory research will lead us to conclude that current theories of internationalization do not adequately reflect the actual experience of Chinese entrepreneurs who use guanxi f or internationalization. This is a key contribution of the article and is supported by an urgent call for scholars to re-examine established theories in light of the new realities of internationalization, as the process is being experienced in China. The Chinese Economy and Chinese Entrepreneurs in SMEs By the late 1970s, Lester (1978) had already recognized that the entrepreneurial orientation of Chinese people would become a source of real strength for the national economy. Wei, Varela, and Hassan (2002) reinforced this early prediction, suggesting that Chinese privatization would bring about the largest transformation of industrial ownership in modern history. Their results confirmed that newly privatized Chinese firms achieve higher profitability, greater levels of employment, and better sales efficiency than state-owned enterprises (SOEs). Although SOEs still vastly outnumber private firms, their performance has been hampered by a complex burden of massive debts, inefficient or ganization and operation, and lost profits. Since the early 1980s, Chinas private sector has grown at an annual rate of 20 percent, which is a much faster rate than the 9.5 percent rate of growth for the national economy over the last 20 years (Peoples Daily, 2002). All these successes led Child and Tse (2001, p. 5) to characterize China as the largest, the fastest growing, and the most heavily engaged in international business and investment among transitional economies. Although SOEs still vastly outnumber private firms, their performance has been hampered by a complex burden of massive debts, inefficient organization and operation, and lost profits. It is ironic, however, that, prior to 1999, the Chinese government had barred entrepreneurs from operating directly in foreign trade, only authorizing them to conduct international business through intermediary SOEs. Financing options were also tightly restricted, which seriously hindered the growth of SMEs. Fortunately, after January 1, 1999, private firms were allowed to seek import and export licenses from the Ministry of Foreign Trade and Economic Cooperation of China (2002). After China joined the World Trade Organization in 2001, private firms were permitted to trade freely and directly with foreign companies, if they satisfied certain conditions (such as registration, size, and financial competency). Economic liberalization released much pent-up energy among entrepreneurs in SMEs, 62 November/December 2009 DOI: 10.1002/joe Global Business and Organizational Excellence including a desire to internationalize, as this study will demonstrate The Internationalization Process Internationalization of the firm is customarily regarded as a process of successive stages of outward expansion by the firm (see Cavusgil, 1980; Johanson Vahlne, 1977; Turnbull, 1981; Wind, Douglas, Perlmutter, 1973). It is also seen as a continuous process of strategic decision making (Melin, 1992), with emphasis on international market selection and choice of mode of entry (Bradley, 1995). This process takes place in a gradual and orderly manner, incorporating learning from domestic market growth, which, in turn, provides experience useful in future xport activities (Cavusgil, 1982). Two integrative theoretical models are widely accepted as explaining critical components of the internationalization process. These are Rogerss (1962) innovation-related model (designated as the I-model) and the Uppsala Schools model (the U-model). Both the U-model and the I-model are behaviorally oriented, insofar as managers are assumed to take decisions and actions sequentially as they gain new in formation and assimilate new experience. Each theory is related to the present study in the next two sections. The I-Model and Chinese SMEs Internationalization Process. Rogerss (1962) I-model framed the decision to go international as an innovation for the firm, drawing attention to a necessary learning sequence that is involved in adopting any innovation (see Anderson, 1993). Managers typically need large amounts of information, both to compensate for lack of prior knowledge or experience and to educe the high levels of uncertainty routinely associated with large-scale innovation (such as internationalization). Managers typically need large amounts of information, both to compensate for lack of prior knowledge or experience and to reduce the high levels of uncertainty routinely associated with large-scale innovation (such as internationalization). In the case of Chinese entrepreneurs, we expect them to turn instinctively to their social networks (guanxi) as sources of information. We expect them to rely heavily on colleagues, friends, and business contacts for advice about how to handle the risk of internationalization, obtain necessary information, make informed decisions, and plan effectively for further expansion. The U-Model and Chinese SMEs Internationalization Process. The Uppsala Schools U-model, developed by Johanson and iedersheim-Paul (1975), distinguishes four successive phases of market entry: (1) no regular export activities; (2) exporting through independent agents; (3) use of an overseas sales subsidiary; and (4) creation of overseas production manufacturing units. This model posits two constructs: state and change. Market commitment and market knowledge are components of the state construct, while decisions to commit resources and current business performance are components of change. Researchers at the Uppsala School also identified psychic distance (PD), referring to perceived similarities and differences in culture, political systems, educ ation, and industrial progress between the home country of firm managers and the proposed market of entry (Hallen Wiedersheim-Paul, 1984). Global Business and Organizational Excellence DOI: 10.1002/joe November/December 2009 63 PD theory holds that managers are less likely to enter country markets that they perceive to be dissimilar from their home market (Jain, 1989; Johanson Wiedersheim-Paul, 1975). Based on this model, we developed some general expectations about how Chinese entrepreneurs in SMEs approach the decision to internationalize operations, choose which country markets to target first, determine how they feel about these markets (in terms of PD), make decisions about modes of market entry, type and quantity of resources to commit to the new venture, and how to manage future expansion. Factors Affecting Internationalization by Chinese Entrepreneurs Participants in our sample identified a range of unique and inimitable competitive advantages that flow from their human capital and organizational capital resources. These include membership in extensive domestic social and business networks; access to overseas Chinese networks and contacts; access to timely business advice about competitive strategies; and access to market information based on real-life experience. In this respect, factors relating to country of origin convey special advantages to Chinese entrepreneurs when going international. From a competitive point of view, Chinese entrepreneurs need to exploit these unique resources to the fullest extent possible because comparable benefits are not typically available to their competitors from the West. In other words, SMEs that are not owned or managed by ethnic Chinese may find themselves at a competitive disadvantage by not having access to these types of unique resources. Some of the factors for successful internationaliza tion by Chinese entrepreneurs in SMEs identified in this study can therefore be summarized as follows:Chinese entrepreneurs who enter geographically close export markets can use their home base in china as a source of supply.Chinese entrepreneurs who expand into culturally or geographically distant markets can reduce the negative effects of perceived psychic distance or actual geographic distance through the support that they receive from guanxi members at home and abroad. Chinese entrepreneurs who enter culturally close ethnic Chinese markets, even at great geographic distance, can continue to build social networks, accumulating further resources of human and organizational capital.Chinese entrepreneurs who expand into culturally or geographically distant markets can reduce the negative effects of perceived psychic distance or actual geographic distance through the support that they receive from guanxi members at home and abroad. Thus, we recommend that Chinese entrepreneurial SMEs : make full and continuing use of social networks when considering, initiating, and pursuing internationalization activities; make full and continuing use of social networks as sources of general business information, market-specific knowledge and advice, and insights about competitive strategies;continue to expand social networks domestically and internationally through contacts with overseas Chinese in geographically distant markets. Opportunities for Partnering With Chinese Entrepreneurs in SMEs Chinas economy has enjoyed many years of highlevelg rowth, and its domestic market has proven to be a magnet for direct investment by foreign companies. Large Chinese companies and SOEs alike have benefited from working with foreign partners in their home market, thereby accelerating their learning curve for doing business overseas. Yet it is the private sector in China that is expected to be theengine of future economic growth, and SMEs, for their part, will play an increasingly important role as global competitors. Chinas economy has enjoyed many years of highlevel growth, and its domestic market has proven to be a magnet for direct investment by foreign companies. Many Chinese entrepreneurs who own or manage SMEs are increasingly determined to enter overseas markets, as illustrated by members of our sample. Foreign companies looking to enter China must therefore actively consider how they might work with this new type of partner. Joint ventures that manufactu re products in China for export to world markets will offer some valuable reciprocal benefits: accelerated learning for the Chinese entrepreneur, balanced by the possibility of eventual assimilation of the foreign partner into a Chinese social network. Good guanxi with Chinese partners will doubtless yield tremendous long-term strategic and competitive benefits for foreign partners. Not only will they gain access to domestic market segments in China, but they will also be able to build competitive advantage, as insiders in social networks. Contributions and Future Research Contributions This study provides interesting and even surprising qualitative insights into the actual experience of Chinese entrepreneurs who are managing international decisions. Throughout the article, we have discussed our results by reference to results from earlier research and existing theoretical constructs. Our findings have generally supported previous results, confirming the value of dominant theories s uch as internationalization; the resource-based view of the firm; resource availability; sources, types, and uses of information; development of global strategy; modes of market entry; and selection of target markets. Less support has been found for application of theories about born global firms and asset-seeking behavior. Based on this study, we conclude that guanxi must be recognized as a sine qua non factor in the process of internationalization of entrepreneurial Chinese SMEs. Guanxi represents a unique and inimitable competitive resource that combines elements of human and organizational capital. This being the case, it appears unavoidable that any generalized theory of the internationalization process must recognize and include a social network construct. Yet this is not the case at the moment, insofar as the I-Model and U-Model theories are concerned. As a consequence, we consider that the main contribution of this exploratory and pioneering study is to call into question th e completeness of current theories of internationalization. Our evidence, albeit modest, suggests that none of these theories yet adequately identifies and includes all factors affecting the internationalization process for firms beyond those of Western Europe and North America. This shortcoming is particularly evident in the case of the internationalization of small and medium-sized Chinese entrepreneurial firms. Our concern about shortcomings of current internationalization theory has received recent support from Elango and Pattnaik (2007). Their study of Indian firms membership in business groups concludes that . . . certain assumptions and notions of the Uppsala model (i.e., deterministic sequential stages, commitment, state/change variables) need to be extended to incorporate the confluences of Global Business and Organizational Excellence DOI: 10.1002/joe November/December 2009 73 these linkages within a firms network (Elango Pattnaik, 2007, p. 551). In addition, these author s propose a theoretical link between network membership and an improved ability to reduce the liabilities of foreignness (mentioned earlier) through shared learning by members of the network. For our part, we would argue that other important theories mentioned in this article, such as membership in large business groups, social embeddedness, and absorptive capacity, also need to be properly integrated into any general theory of internationalization. The need for further work is all the more urgent as we see new firms (such as Chinese SMEs) entering international markets from their home base in emerging economies. The unique competitive advantages associated with guanxi make it possible, despite limited company resources, for Chinese SMEs to select, enter, and compete in geographically distant markets (such as Canada and South Africa) in a way that current theory would not predict. Furthermore, our findings call attention to the shortcomings of psychic distance theory. The unique com petitive advantages associated with guanxi make it possible, despite limited company resources, for Chinese SMEs to select, enter, and compete in geographically distant markets (such as Canada and South Africa) in a way that current theory would not predict. Moreover, PD theory does not adequately encompass the workings of guanxi, either as a compensatory factor for lack of market knowledge and prior experience or as a means of reducing uncertainty in decision making. Elango and Pattnaik (2007) concur with our conclusion, stating that further research is needed into how members of networks and business groups choose their overseas customers and markets, and how they build global market portfolios. A theoretical missing link here appears to be the unseen workings of guanxi and business networks. Finally, we would argue that learning theory needs to be revisited in the context of the internationalization of the firm. Social networks must be properly recognized as primary sources of in formation, rapid learning, and vicarious knowledge. Once again, we are supported by Elango and Pattnaik (2007, p. 552), who recommend that future researchers may want to look into how firms within and network transfer learning (i.e., internationalization knowledge: Eriksson et al., 1997) to other members. . . [because] it is still not evident what formal or informal mechanisms are used for transfer of learning (emphases added). Blueprint for Future Development The first 10 to 20 years of this century

Greed Economics :: essays papers

Greed Economics Pokemon, Microsoft and the Economics of Greed Greed Economics: The uplifting or debilitating effect of the excessive desire of gain on the production, consumption and distribution of goods and services. Solid proof that â€Å"greed economics† lives and breathes was recently found in Newswek’s Novmber 8th issue in an article entitled â€Å"Puffy’s Crowded Orbit†. Sean (Puffy) Combs is founder and CEO of the extremely profitable Bad Boy entertainment. In the billion dollar a year rap music industry, he is the cognac in a world of beer. In 1997, his first album, (carried by the hit â€Å"Missing You†), sold an extraordinary 6 million copies! But Comb’s who is known as much for his business savvy as for his musical talent, ignored the rules of â€Å"greed management† and recklessy expanded into publications, clothing lines and restaurants. The sale of his recent album â€Å"Forever†, despite a red-hot reputation and a 32-city promotional tour, was â€Å"weaker than weak†. Newsweek reports that in the first week of November â€Å"the album was No.27 on the charts.† The same article places his last years earnings at $5 3 million; well off his tyical $100 million-a-year earnings of the mid 1990’s. Sorry â€Å"Puff† the law is real. Greed affects quality. Inner-city America finds it of some interest that this law does not favor the rich, the politically plugged in, or the â€Å"white† of this world. America’ richest man, Bill Gates received a stunning setback earlier this month when Judge Thomas Penfield Jackson ruled against the $500 billion software company Microsoft, declaring that it violated antitrust law and was in fact a monopoly. In a Newsweek article dated November 15th rntitled â€Å"Bill Takes it on the Chin†, Judge Jackson stated: â€Å"Microsoft has demonstrated that it will use its prodigious market power and immense profits to harm any firm that insists on pursuing initiates that could intensify competion†. Why couldn’t Billy be satisfied with say a $100 billion company? The penalty for ignoring the law of â€Å"reed rationing† may include having the software giant broken down into a bunch of little midgets. Are you listening William? Greed attracts powerful enemies. Well why not remove greed out of the equation altogether? Isn’t it ALL poison? Can’t we find a few cheerleaders for total greed celibacy? Not on your life. Why? Because economically speaking, greed isn’t all that bad. Take for example the hugely successful video game-toy phenomena Pokemon.

Financial Distress: Bankruptcy Essay -- Economy, CNN Money, Kmart

Halley 1 Financial Distress: Bankruptcy Financial distress which results in bankruptcy are very common for businesses in today’s economy. According to CNN Money Fortune 500, â€Å"Last year marked the highest number of billon-dollar bankruptcies ever recorded. And corporate bankruptcies have continued at an elevated clip, with about twice the number of businesses filing for bankruptcies filing for bankruptcy protection in the 12 months ending June 2010, as they did during the same span of time in 2008, 2007, or 2006.† (Roane, 2010) It is very important for every financial manager to acknowledge that bankruptcy can be a reality for any company and financial managers have to know how to prevent it. Most all companies have debts and these debts are used for financial leverage, but they have to be closely monitored by the financial manager. Many monthly debts that companies are faced with are, making monthly payments to vendors, and paying employees. It is the financial managers to manage and monitor th ese debts, so that the debts don’t become more than the equity. (Ross, Westerfield, & Jordan, 2010) Companies will be considered in financial distress when all of their liquidity has to be used to pay their outstanding debt. Companies can file bankruptcy to deal with and manage the lack of liquidity. When a company files bankruptcy the company is protected and bondholder or creditors cannot sue them for money that is owed. According to the authors of Fundamentals of Corporate Finance, â€Å"In principal a firm becomes bankrupt when the value of its assets equals the value of its debt.† (Ross... ...s trying to compete with Wal-Mart and Target on similar name brands, and prices, which became detrimental to Kmart. (CNN Money.com, 2002) According to CNNMoney.com Kmart filing included â€Å"Kmart, which has about $37 billion in annual revenue, said it had secured $2 billion in debtor financing to pay its $1.6 billion in debt and expected to emerge from bankruptcy in about a year.† (2002) Kmart wanted to emerge from restructuring with a new image that was totally different form their competitors and by filing bankruptcy and reorganizing their organizations they were able to do that. Conclusion: In order for a company to prevent any type of bankruptcy a company will need to keep its assets lower than his debt. It is important for financial managers of a company to manage a company’s debt-equity ratios while still increasing leverage within the company.

Computer System

Computer System Introduction & Definitions — Computer is an electronic device that is used to solve various problems according to a set of instructions given to it — A computer is a programmable machine that receives input, stores and manipulates data, and provides output in a useful format Brief History of Computer — The first use of the word â€Å"computer† was recorded in 1613, referring to a person who carried out calculations, or computations, and word continued to be used in that sense until middle of 20th century From end of 19th century onwards though, word began to take on its more familiar meaning, describing a machine that carries out computations — The history of computer development is often referred to in reference to different generations of computing devices — Each generation of computer is characterized by a major technological development that fundamentally changed way computers operate, resulting in increasingly smaller, ch eaper, more powerful and more efficient and reliable devices Computer Generations First Generation (1940-1956 ) — The first computers used vacuum tubes for circuitry and agnetic drums for memory, and were often enormous, taking up entire rooms — They were very expensive to operate and in addition to using a great deal of electricity, generated a lot of heat, which was often the cause of malfunctions — First generation computers relied on machine language, lowest-level programming language understood by computers, to perform operations, and they could only solve one problem at a time Computer Generations First Generation (1940-1956 ) — Input was based on punched cards and paper tape, and output was displayed on printouts The UNIVAC and ENIAC computers are examples of firstgeneration computing devices — The UNIVAC was the first commercial computer delivered to a business client, the U. S. Census Bureau in 1951 Computer Generations Second Generation ( 1956-1963 ) — Transistors replaced vacuum tubes and ushered in the second generation of computers — The transistor was invented in 1947 but did not see widespread use in computers until the late 1950s — The transistor was far superior to the vacuum tube, allowing computers to become smaller, faster, cheaper, more energyefficient and more reliable than their first-generation predecessors Though the transistor still generated a great deal of heat that subjected the computer to damage, it was a vast improvement over the vacuum tube Computer Generations Second Generation (1956-1963 ) — Second-generation computers still relied on punched cards for input and printouts for output — Second-generation computers moved from cryptic binary machine language to symbolic, or assembly, languages, which allowed programmers to specify instructions in words — High-level programming languages were also being developed at this time, such as early versions of COB OL and FORTRAN These were also the first computers that stored their instructions in their memory, which moved from a magnetic drum to magnetic core technology. Computer Generations Third Generation (1964 -1971) — The development of the integrated circuit was the hallmark of the third generation of computers — Transistors were miniaturized and placed on silicon chips, called semiconductors, which drastically increased the speed and efficiency of computers — Instead of punched cards and printouts, users interacted with third generation computers through keyboards and monitors and interfaced with an operating system which allowed the device to run many different applications at one time with a central program that monitored the memory — Computers for the first time became accessible to a mass audience because they were smaller and cheaper than their predecessors. Computer Generations Fourth Generation (1971-Present) — The microprocessor brought fourt h generation of computers, as thousands of integrated circuits were built onto a single silicon chip — What in the first generation filled an entire room could now fit in the palm of the hand. — The Intel 4004 chip, developed in 1971, located all the components of the computer from the central processing nit and memory to input/output controls on a single chip — In 1981 IBM introduced its first computer for the home user, and in 1984 Apple introduced the Macintosh Computer Generations Fourth Generation (1971-Present) — Microprocessors also moved out of the realm of desktop computers and into many areas of life as more and more everyday products began to use microprocessors. — As these small computers became more powerful, they could be linked together to form networks, which eventually led to the development of the Internet — Fourth generation computers also saw the development of GUIs, the mouse and handheld devicesComputer Generations â₠¬â€ Fifth Generation (Present and Beyond ) — Fifth generation computing devices, based on artificial intelligence, are still in development, though there are some applications, such as voice recognition, that are being used today — The use of parallel processing and superconductors is helping to make artificial intelligence a reality — Quantum computation and molecular and nanotechnology will radically change the face of computers in years to come — The goal of fifth-generation computing is to develop devices that respond to natural language input and are capable of learning and self-organizationClassification & Types of Computer — Supercomputer s†¦ are used to process very large amounts of information including processing information to predict hurricanes, satellite images and navigation, and process military war scenarios Classification & Types of Computer — Mainframes †¦ are used by government and businesses to process very lar ge amounts of information Classification & Types of Computer — Mini -Computers†¦ are similar to mainframes†¦ they are used by business and government to process large amounts of information Classification & Types of Computer — Personal Computers (PC) — — — — — are smaller and less owerful than the others. They are used in homes, schools, and small businesses. There are 3 main types of PCs Desktop Portable (Notebook/Laptop) Hand -Held ( Mobile devices/ cellphone, PDAs) Classification & Types of Computer Desktop Classification & Types of Computer Portable Classification & Types of Computer Hand -Held Computer Hardware — These are physical parts of computer — These are things that can be seen & touched — System unit, Mouse, Keyboard, Monitor Computer Software — A set of computer instructions given to computer to solve problems — Stored inside computer memory — Can not be touched or seen

As I Walked Out One Evening †W.H.Auden Essay

The poem in study is As I Walked out One Evening by W.H. Auden. His views projected in this poem are suggested to have not varied since the time he composed this piece. Unlike his other poems, this piece was never revised. Here, Auden exposes the two sides of romance through the manipulation of narrative voices, the poet, the lover’s song and the chiming of the clock personified. As I walked out one evening is composed in a traditional ballad form. It’s consists of 15 quatrain stanzas conforming to an â€Å"abcb† rhyme scheme. The masculine end rhyme employed gives more freedom of wording. It is through these settings that exhibits the song-like quality of a ballad and by this lyrical tune, Auden suggests the theme and theories examined in the poem are of childlike logic and knowledge. With reference to the structure of the poem, it comprises of 15 stanzas split into three distinctive voices. The first and last being the narration by the poet himself, framing the Lover’s Song and the menacing voice of the clock. Through the beginning narration by the persona, W.H. Auden sets the essence of nostalgia with a â€Å"walk down Bristol Street†. The mention of Bristol Street creates the tone of reminiscence as it is a venue of Auden’s childhood. The contrast of â€Å"crowds upon the pavement† that use to be â€Å"fields of harvest wheat† showcases the change taken place during time-lapse. Down by the brimming river, the poet hears a lover sing â€Å"love has no ending†. The transition of narrative position from the initial persona to the Love Song takes place through the marking of inverted commas. The rhythm of the poem also changes away from iambic tri-meter when the love song begins. The love song is hyperbolized, injected with imageries and unconventional similes to exaggerate the affections of a naà ¯ve lover. With suggestions of the uncanny ability to love â€Å"till China and Africa meet†, Auden captures their simplistic and unrealistic minds. The silly and lighthearted tone shown through the alliteration of the line â€Å"salmon sing in the street†. In addition to undermining the forces of nature, the lover’s song seem to believe its love to be pure and immune to time, for â€Å"in my arms I hold The  Flower of the Ages, And the first love of the world†. This love is expressed to be ageless, the Flower of the Ages a Biblical reference to the year of maturity in which a woman can marry. In a sense, the song provokes that the incredibility of love is beyond human entity, but of something greater. However, the tone shifts in the 6th stanza, turning to the narration of the clock and time personified. They seem to be rebuking the ideals embodied by the Lover’s Song as they began to â€Å"whirr and chime†, an onomatopoeia that creates the image of violent and unsettling wind. The wind that could break them apart, hit their faces with a chill. The clock conveys the negative perception of naà ¯ve love as it rings out a series of advice to the lovers. The Clock’s advice is like a progression of a 4 session counselling, speaking to us readers as if we are the young lovers. Marked by the phrase â€Å"O†, he begins with a gentle coaxing. â€Å"O let not time deceive you†, the idealism borne by the love song shall break through time’s passing. â€Å"O plunge your hands in the water† as if washing one’s face in the morning. Wake up from the hyperbolized world of love to reality. â€Å"Stare, stare at the basin,† reflect on your past actions and their indications, what you’ve missed. â€Å"O look, look in the mirror† examine your present self. Finally â€Å"O stand, stand at the window†, see your partner through the barrier of glass. Unclouded and unaffected by cruel words of a quarrel, in the peace of one’s own mind, then we shall see that we are all hypocrites in love. The overall tone of the clock is quite dark and Auden uses the technique of contrasting metaphors to develop the negative effects of time in idealism. The â€Å"green valley† and â€Å"appalling snow† signifying the presence of time will eventually break momentary joy. â€Å"The glacier knocks in the cupboard, the desert sighs in the bed†, the consequences of time will invade one’s privacy and comfort, perhaps even home. Until it becomes overwhelming, one should break down, it’ll â€Å"open a lane to the land of the dead† where qualities of life we once known are twisted into a paradoxical world embodied by stanza 12. There is however, a consolation to these negative aspects, that if we â€Å"wake  up† in time, we shall learn to love truly, for life remains a blessing, even when we’re too focused on our distress. Throughout this entire process, the language suggests the lack of presence of the first persona. But this theory is contradicted by the last stanza where the â€Å"poet† narrates. â€Å"It was late, late in the evening†, the repetition a habit picked up from the clock’s speech. The persona was watching the whole time, now knows better, that the overflowing love of the â€Å"brimming river†, actually has a lot more depth. W.H. Auden through the shift of narrative voices explores the different perspective of love. This technique shows us not only one sided opinions but various views. And readers are shown, that perhaps what is right in the minds of one, may vary to the eyes of another. The image of romance is often twisted to extremes by society. As human beings, we have the tendency to form opinions based on our own favours. To an extent, this poem may resemble a satire to society. Humans tend to be hypocrites and very good liars to even our own minds to justify our wrongdoings.