Sunday, December 29, 2019

Simple Japanese Phrases

This is a collection of easy Japanese phrases. Speaking Japanese shouldnt be too complicated even for beginners. Try these simple phrases whenever you have a chance. The more you practice, the better you get! The Japanese writings for each phrase are included for your reading and writing practice. If you have any questions, please  email me. For your convenience I have broken the phrases into three sections. Please scroll down to see all sections. Level 1 *  Question Words*  Ã‚  Responding*  Ã‚  Responding in  Agreement Part1*  Ã‚  Responding in  Agreement Part2*  Ã‚  Disagreement Responses*  Ã‚  Refusal*  Ã‚  Request/Command*  Ã‚  Unfavorable Responses*  Ã‚  Praising Appearance*  Ã‚  Praising Characteristics*  Ã‚  Praising Intelligence*  Ã‚  Emergency*  Ã‚  Useful Expressions*  Ã‚  Useful Adjectives*  Ã‚  Basic Verbs*  Ã‚  Useful AdverbsLevel 2 *  Greetings*  Partings*  Asking How*  Various Questions Part 1*  Various Questions Part 2*  Responding in  Agreement Part 1*  Responding in  Agreement Part 2*  Disagreement Responses*  Refusal*  Command*  Command (Dont ~)*  Encouragement*  Surprise*  Happiness*  Anger*  Sadness*  Weather*  Useful Expressions - At the Restaurant*  Useful Expressions - Shopping*  Useful Expressions - At a Party Level 3 *  Greetings*  Various Questions Part 1*  Various Questions Part 2*  Responding in Agreement*  Disagreement Responses*  Refusal*  Permissions*  Command*  Common Expressions for the Unknown*  Exclamatory Expressions*  Expressions of Disappointment*  Asking Permissions*  Happiness*  Anger*  Weather*  Useful Expressions - At the Restaurant*  Useful Expressions - Paying the Bills*  Useful Expressions - At a Party/Celebration*  Useful Expressions - At the Hotel*  Meeting a Famous Japanese Person

Saturday, December 21, 2019

Who Is The Good Or Bad - 1608 Words

A remarkable thing about humankind is the common theme of helping others that occurs almost as frequently as people in need themselves appear. The problem lately in society is that the percentage of those people in need has been steadily rising; it is harder and harder for folks to pull themselves up by their bootstraps and provide for them and their family. This is the reason that many organizations are formed. Charity and giving can often be distinguished in a description, but it is the inherent good that comes out of those that is much harder to define. For example, the intentions of any specific organization are almost impossible to determine, so one cannot conclude absolutely on whether it is doing good or bad in the world. While one†¦show more content†¦I spent my time volunteering at the Clothes Closet, but I was able to snag a tour of the whole building and speak to their CEO, John Kimp. From what I gathered here, the intentions are very good, and the people that wor k there are legitimately trying to help others. The Good Grocer is almost 40 years younger than Neighbors, Inc., which reflects itself in the updated model of giving and more progressive approach to the matter. It will be interesting to look at Neighbors, Inc. in the next couple months as the CEO that I spoke to is retiring, and there will be a young man from Washington there to replace him. Overall, I view the Good Grocer as more inclusive. It does not have stipulations or requirements for people to use its services, but I also feel that Neighbors can help those that need a lot more than its counterpart. At the food shelf, people can qualify for free food, which translates into free items upstairs at the thrift store as well. This draws more people in because they do not require money to go there and benefit, unlike the grocery store. Another interesting thing to point out is that when I was volunteering at the thrift store, an argument broke out between a seemingly hard to handle customer that is in the store quite often and the associate who was working to keep the storeShow MoreRelatedMy Life With A Good Guy Who Catches The Bad Guys1691 Words   |  7 Pages When I was young I would love to run around with my childhood friends and pretend that we are cops. While some of our friend are the bad guys. I always enjoy playing as the good guy who catches the bad guys. I made a very good leader in the group, I told them the plan and how we are going to get the bad guys. I never did like Barbie dolls, I was always into boys toys when I was younger. My freshman year of high school I’ve thought about joining the military because of all the benefits and how muchRead More Describe a Person who has influenced you in either a bad or good way662 Words   |  3 PagesDescribe a Person who has influenced you in either a bad or good way Bright blue paint was chipped off the tarnished wooden siding. The glassy images were blurred, and their sills seemed to be decaying under the large collections of dust. There was a young girl playing by herself in the unkempt front lawn. This dwelling always caught my attention; it attracted me in a peculiar way. Whenever I walked down my block, my awareness was drawn to this particular house. Its run-down look set it apartRead MorePersuasive Speech : Bad Officials Are The Ones Elected By Good Citizens Who Do Not Vote 812 Words   |  4 PagesEnglish 1B 10a-12: 15p T/TH Wasted Voices â€Å"Bad officials are the ones elected by good citizens who do not vote.†-George Jean Nathan In today’s society all American Citizens of any race, ethnic background, religious belief, and sexual orientation have the privilege to vote. What is sad about it is that they chose not vote. The power of voting in society is a privilege that most of us take advantage of. Why is it that we complain about having bad governors, presidents, and unwanted laws, and stillRead MoreIs It Bad Or Bad?918 Words   |  4 Pagessimple reasons, but the question has always been who defines what is bad? Who is a bad human being? What is that qualifies one to be bad? Are people born bad or the word makes them bad? The above questions can be debated for a long time especially, but the debate will never come to an agreement. I believe that no human being is bad or good but rather it depends on the relationship that the person has with whoever, for example, I may consider someone to be bad because he stole some money from me (GillianRead MoreAnalysis Of The Movie Star Wars Script 1429 Words   |  6 Pagesperception of good and bad which has sparked these battles, as well as worked to handicap young people’s ability to come to a true understanding of world events. Gardner writes about this concept when he says, â€Å"most five-year-olds have developed a Star Wars script. Life consists of a struggle between Good and Bad forces, with the Good generally triumphant† (627). Through their entertainment children construct an internalized â€Å"script† which can mislead them to think the concept of good and bad is much lessRead MoreEpicurus And Lucretius Essay1145 Words   |  5 Pagesaccounts of Epicurus and Lucretius argue death is not bad for the person who has no sense of not existing—one cannot experience death. Epicurus and Lucretius’ argument does not account for the loss of life that is associated with death. If one loses the opportunity to pursue pleasure and happiness in one’s life, is this not bad? Despite the experience of death not existing and consciousnesses ceasing, can it still be bad that what is good is lost? Nagel’s account explores the significance ofRead MoreGood Teacher Vs. Bad Teacher833 Words   |  4 PagesEnglish 102 Dr. Bloom 7 October 2015 Good Teacher vs. Bad Teacher Students have all experienced good and bad teachers. Some students can sit in a class and want to learn and engage with a good teacher or the class could be extremely boring because of a bad teacher. The question you have to ask is what qualities does a teacher have to have to make them a good or bad teacher? What components does a good teacher have, that a bad teacher doesn’t? Being a good teacher means having a great personalityRead MoreGood Seed And Bad Seed752 Words   |  4 PagesGood Seed / Bad Seed â€Å"You are always planting and you cannot afford to have the good seeds dropped into soil which contains a mass of weeds. You cannot afford to be planting bad seeds — thoughts of negation, worries, fears, angers, hates, resentments.† The Basic Ideas of Science of Mind, pg. 53 What we can t afford is to pray in vain, to think we re doing something and yet accomplishing nothing. Good seed is wasted when planted in the midst of weeds, and good thoughts are wasted in aRead MoreWhat Makes a Good and a Bad Manager?837 Words   |  3 PagesIntroduction Why do some individuals become good managers while others do not? Lack of good managerial skills contributes to poor management. The issue is that these individuals have not developed the required skills and behavior because they had not had any formal training on managerial skills. In most cases, people are promoted into managerial positions but they are not offered right support and development to fulfill their duties adequately. Most corporate professionals will find themselves inRead More Saint Augustines Deduction that Free Will is a Good Gift from God940 Words   |  4 PagesSaint Augustines Deduction that Free Will is a Good Gift from God Before the central theme of this essay is analytically summarized, it is important to note a few propositions already established in the conversations between Saint Augustine and Evodius. Firstly, Saint Augustine has already ascertained that God gave human beings free choice of the will – Evodius is also sure of this proposition

Friday, December 13, 2019

Garnier Fructis †Innovation Free Essays

L’Oreal Garnier Fructis Oil+Shampoo Introduction: L’Oreal, the French cosmetic giant has become one of the leading players in the salon products sector in India. It marks its presence with a portfolio of 15 brands that grew over the span of nearly two decades in the Indian market, having an annual growth rate of 30 percent with a market share of 10 percent in the urban area. These different brands were launched in order to cover various product categories. We will write a custom essay sample on Garnier Fructis – Innovation or any similar topic only for you Order Now The mass consumer brands L’Oreal Paris, Garnier and Maybelline New York; luxury brands Yves Saint Laurent, Kiehl’s, Ralph Lauren, Giorgio Armani, Diesel and Lancome; professional brands L’Oreal Professionnel, Matrix, Kerastase and Keraskin Esthetics and pharmacy brands Vichy and La Roche-Posay. † (premiumbeautynews. com, 2012). With almost 750,000 points of sale in both the traditional network as well as in the modern supermarket network, the brand Garnier has successfully become the leading multi-category beauty brand in India. Launched in 1991, this global brand understood the dynamics of the Indian market and was able to craft a special place for itself. Even though Garnier is positioned as a premium, nature-based and innovative brand, it is priced reasonably targeting at both, the upper and middle socio-economic classes. Worldwide, L’Oreal is famous for its product innovation and this trait is strongly portrayed in Garnier through its continuous new product launches. This also creates excitement amongst the consumers to try out the new innovative personal care products, leading to brand loyalty. Garnier has two sub-brands – Garnier Fructis and Garnier Ultra Doux. Garnier Fructis almost immediately created a very strong bond with the consumers since it was positioned as a fruit based brand. The Indian consumer is happier using natural based products compared to the chemical based ones. Under this brand, a revolutionary product was launched in the year 2010; Garnier Fructis Oil+Shampoo that took the hair care market by storm. In this report, L’Oreal’s innovation and new product development models are explained in respect to their Garnier Fructis Oil+Shampoo product. Innovation Model: According to L’Oreal India’s chief operating officer, Mr. Dinesh Dayal, for this kind of success, the most essential factor is to yield the right kind of innovation, which was achieved through a blend of aggressive market research, intuition and the power of their global RD. Along with the three main drivers of innovation for L’Oreal, i. e. active ingredients, formulation and evaluation; research has always been the main crux for the company’s growth. When it comes to creating cosmetic products, science is the main driver of innovation. An advanced research for discovering new active ingredients is conducted, where scientific knowledge about skin and hair around the world is gathered, after which formulation systems are developed and adapted by various brands including Garnier around the world. For the Fructis Oil+Shampoo launch in the Indian market, the product is formulated using three oils as its key active ingredients, i. e. Olive oil for deep nourishment of the roots, Avocado oil for nourishment of the hair fiber and making it supple and Shea oil for softening the surface. Once the formulation has been complete, the transition from the molecule to finished product is done after demonstrating the products’ safety and whether it is scientifically effective. But rather than focusing entirely on scientific research, L’Oreal believes in research that listens to consumers. They aim to nurture innovation through a constant dialog between science and marketing. Thus, in order to discover and disseminate beauty habits of international consumers, the â€Å"International Department of Studies and Consumer Insights† was created. Garnier realized that in India, in order to nourish their hair, women extensively believed in the beauty ritual of oiling their hair, followed by a scalp massage and shampoo. The current fast-paced generation seemed to be moving away from this ritual as it is time-consuming. This became a source of inspiration for the 2-in-1 formula of hair oil and shampoo by Garnier. This is what India’s head of operations calls as â€Å"Indo-vation† – Innovation specifically for the Indian market. In order to understand the global consumers of L’Oreal, they strengthened their global presence in six regions; Europe, United States, Japan, China, Brazil and India. This enabled L’Oreal to come closer to their global market, as well as to gain the wealth of specific scientific and marketing knowledge of each region. In India, L’Oreal has its product development center in Mumbai from where it studies the specifics of hair and skin types of the Indian consumers, as well as their expectations and beauty routines for all its brands including Garnier, and an advanced research center in Bangalore where it screens its active ingredients to address scalp concerns, hair breakage and pigmentation disorders. According to Jean Paul Agon (Chairman, L’Oreal Paris), opening a research and innovation center in Mumbai was in line with the company’s universalization strategy in order to adapt to the cultural specific needs for all its global brands. Further, L’Oreal abides by the principles of sustainable and responsible innovation on a daily basis. Product safety is an absolute priority for this cosmetic giant, and has contributed massively to the study of toxicology due to its constant scientific commitment. The team at the Ultramodern Global Center is responsible for the beneficial and undesirable effects of all the ingredients. Unlike Pantene, Head Shoulders and Herbal Essence shampoos available in the Indian market, Garnier Fructis Oil+Shampoo does not use harmful chemicals such as Methylchloroisothiazolinone, a preservative causing harmful effects on the skin as well as the immune system and Ammonium Chloride which is harmful when swallowed and causes serious eye irritation. Instead, this product uses plant extracts such as Pyrus Malus and Peel extracts. Also, L’Oreal makes sure that its products have minimum impact on the environment throughout their entire life cycle. For this purpose, all the raw materials are under constant monitoring for environmental indicators. L’Oreal stopped animal testing in 1989 and plans to terminate human biopsy for testing clinical effectiveness in the near future. New Product Development Model: L’Oreal operates in a very turbulent and volatile fashion industry, making the product life cycles very short. But according to Crawford (1988), an early entry of new product may result in the development of a new market and long term market dominance. Garnier Fructis Oil+Shampoo is one such product. Based on Ansoff’s (1965, 1968) directional policy matrix, L’Oreal implemented the product development strategy, catering to the Indian market with a new product, i. e. 2 in 1 oil and shampoo. New product development enables L’Oreal to earn increased value for the company through a superior market share. The company believes in creating innovative products which are not only differentiated but also satisfy different segments in the international market. Before launching a new product, the company has to ensure that the product is based on the consumer’s preferences and is ifferentiated from any other product in terms of its formula/innovation. Once such an idea is generated by market research, RD takes over. Once completing the RD process, the market reality is observed and different ways of marketing the product are employed. A company’s image would be shattered if there if any negligence in this context, resulting to product failures upon launch. T herefore the complex process of new product development has a direct impact on L’Oreal’s prestige. L’Oreal invests heavily while launching any new product and be certain about its effectiveness, practicality and marketability of these products. Thus, before commercialization of Garnier Fructis Oil+Shampoo in the Indian market, an intensive market research was done in order to identify the beauty ritual of oiling the hair prior to shampooing and how through RD, this finding was converted into an effective molecular formula, later supported by a screening test and eventually passing through the market testing stage. Conclusion: According to Wang and Von Tunzelmann (1997), rather than RD, marketing perceives a more critical role in the positioning of a new product in any market segment. In context of the Garnier Fructis Oil+Shampoo launch, it is a product that was never thought of earlier by the Indian consumers, thus making it difficult to believe in. Fundamentally, shampoo is used against oil and these are two products are not supposed to work together. Since the time factor prevents the consumers from using both oil and shampoo at the same time, Garnier has tried integrating the north-pole and the south-pole. They are trying to combine two attributes having a negative relationship and trying to convince the consumers that there is a scope of redefining this relationship and making them work positively together. Once this strategy can get established, it may work as a powerful differentiator. Garnier now needs to focus on developing a story that is credible enough for the consumers to believe in. Regardless of whether the innovations by Garnier would fail or succeed in the market, they have managed to gain equity through its innovative products, heavy investment in brand promotion, strong distribution reach and premium positioning along with a smart pricing strategy, creating a special place in the Indian personal care industry. References 1. Afaqs. com (2010) afaqs! gt; News Company Briefs Garnier launches Garnier Fructis Shampoo + Oil 2 in 1. [online] Available at: http://www. afaqs. com/news/company_briefs/index. html? id=43881_GarnierlaunchesGarnierFructisShampooOil2in1 [Accessed: 19 Apr 2013]. 2. B, H. (2010) Marketing Practice: Garnier : Take Care. [online] Available at: http://marketingpractice. blogspot. in/2010/01/garnier-take-care. html [Accessed: 19 Apr 2013]. 3. Bureau, O. (201 3) L’Oreal looking at innovation to ramp up operations. [online] Available at: http://www. thehindubusinessline. om/companies/loreal-looking-at-innovation-to-ramp-up-operations/article4295052. ece [Accessed: 19 Apr 2013]. 4. Cosmeticsandtoiletries. com (2013) L’Oreal Unveils New Indian Research and Innovation Center | CosmeticsAndToiletries. com. [online] Available at: http://www. cosmeticsandtoiletries. com/networking/news/company/LrsquoOreacuteal-Unveils-new-Indian-Research-and-Innovation-Center-186324642. html [Accessed: 19 Apr 2013]. 5. Coursework4you. co. uk (1990) L’Oreal’s new product development strategy and the way they have successfully managed to achieve considerable market shares through consistent RD efforts. PAPERS4YOU. COM | UNIVERSITY ESSAY COURSEWORK DISSERTATION ASSIGNMENT ACADEMIC ANALYSIS. [online] Available at: http://www. coursework4you. co. uk/essays-and-dissertations/sample85. php [Accessed: 19 Apr 2013]. 6. drugstore. com (n. d. ) Garnier Fructis Haircare Triple Nutrition Fortifying Shampoo, For Dry to Over-Dried or Damaged Hair. [online] Available at: http://www. drugstore. com/garnier-fructis-haircare-triple-nutrition-fortifying-shampoo-for-dry-to-over-dried-or-damaged-hair/qxp226120 [Accessed: 19 Apr 2013]. 7. Ewg. rg (n. d. ) Garnier || Skin Deep ® Cosmetics Database | Environmental Working Group. [online] Available at: http://www. ewg. org/skindeep/brand/Garnier/ [Accessed: 19 Apr 2013]. 8. Freepatentsonline. com (2008) Corporate culture and values: genesis and sources ofL’Oreal’s entrepreneurial orientation.. [online] Available at: http://www. freepatentsonline. com/article/Journal-Small-Business-Entrepreneurship/204931980. html [Accessed: 19 Apr 2013]. 9. INSEAD Knowledge (2010) Indo-vation: tapping the Indian market. [online] Available at: How to cite Garnier Fructis – Innovation, Papers

Thursday, December 5, 2019

Difference Between Private and Public International Law free essay sample

Differences between private and public international law In the study of international law, a sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Private international law is viewed as national law, which is and ought to be focused on resolving individual private disputes based on domestic conceptions of justice or fairness. Some acknowledgment of the international dimension of private international law problems is given through the role played by the concept of ‘comity’, but its status remains ambiguously ‘neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. In turn, public international law traditionally neglects the analysis of private international interactions and disputes, which are viewed as outside its ‘public’ and ‘state-centric’ domain. We will write a custom essay sample on Difference Between Private and Public International Law or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Thus, public and private international law are viewed as distinct disciplines, as two separate intellectual streams running in parallel. Justice and the application of foreign law If a judge were to decide to apply foreign law because it is more ‘just’ inits substantive effect, they would be substituting their own views about justice for the judgment, the collective values, embodied in the law of their state. No English judge would approach the problem in this way – although some private international law rules in the United States controversially permit exactly this, suggesting that the ‘choice of law’ rules which determine the applicable law should not be blind to the outcome of the cases to which they are applied, and thus the courts should be allowed to take into consideration the substantive outcomes of choice of law decisions. Judges are, however, supposed to apply law, not decide cases based on their intuitions. If a judge decides a case based purely on their preferred outcome, then their decision does not reflect the law, but the personal preferences and even prejudices of the judge. This is the ‘rule of the judge’, not the ‘rule of law’ – in the common law, ‘the judge’s duty is to interpret and to apply the law, not to change it to meet the judge’s idea of what justice requires’. Even in the context of amore ‘politicised’ judiciary in the US legal system, this level of discretion is still difficult to reconcile with basic ideas concerning the powers and function of the courts. This analysis suggests that the usual sense in which the word ‘justice’ isused is unable to help as a justification for choice of law rules. The idea that ‘justice’ could operate as a justification for applying foreign law seems to be question-begging – since the problem is determining which idea of ‘justice’ should be applied. The usual meaning of ‘justice’ may tell us little about choice of law rules, but choice of law rules reveal something about our ideas of justice. The application of a foreign law on the grounds of justice presupposes an underlying acceptance that the outcome determined by a foreign law and perhaps a foreign court may, depending on the circumstances, be more ‘just’ than local law. It acknowledges that the ‘just’ outcome of a claim for damages for an accident in England, governed by English substantive law, would not be the same as the ‘just’ outcome of a claim for damages for the same accident, if it occurred in a foreign territory and was thus governed by foreign law. This reveals an underlying commitment to what is referred to in this book as ‘justice pluralism’. The underlying justification for the application of foreign law must therefore be a question of context – of determining the appropriate circumstances for the application of local or foreign standards of justice, the appropriate ‘connections’ between the dispute and the forum or legal system. This determination cannot be based on ordinary principles of national law, because the point is to determine which national law ought to apply. A central problem in choice of law, is thus the determination of what standards could be applied to identify when the application of a foreign law is ‘just’. Justice and jurisdiction There are two fundamentally different concerns in an exercise of national judicial jurisdiction. The first is the existence of state power: whether the state has regulatory authority over the dispute. If the state has authority, a second concern arises: whether the state court will exercise this power. This distinction is not the same as the distinction between jurisdictional rules and discretions at the national level. Some rules of jurisdiction may determine, instead of or in addition to discretionary powers to stay proceedings, whether state power is exerted. Equally, the exercise of apparently discretionary rules could mask an underlying objective of compliance with international limitations on judicial authority. It may not be left to the courts to determine, as a matter of judicial restraint, whether regulatory authority is exercised; but equally, it may be left to the courts to determine whether regulatory authority even exists. In the common law tradition, the two different concerns behind rules of jurisdiction are obscured by the fact that these theoretical considerations have been amalgamated in broad discretionary tests. The distinction is important because rules which are concerned with the existence of state power involve fundamentally different considerations from those concerned with its exercise, although this is often difficult to detect in practice because the two objectives are frequently addressed in (and obscured by) a single rule. Rules concerned with the exercise of jurisdiction will frequently draw on national conceptions of the balance between the rights of plaintiffs and defendants, and the domestic evaluation of practical considerations such as the cost of the proceedings to the state – matters which are part of each national conception of ‘justice’. By contrast, rules concerned with the existence of jurisdictional authority cannot reflect national policies or values, because this would beg the question as to whether there is power to apply those policies. This component of the determination of jurisdiction cannot be based on a national conception of private rights, because no national system could provide authority for a decision that such rights exist; it must therefore be international in character. The divergence between public and private international law has, however, always been greater in theory than in practice, particularly aspublic international law has re-expanded to encompass private relations. Despite the dominance of the positivist perspective, private international law rules continue to reflect and replicate underlying ideas of international order, in the context of private law – they constitute a hidden (private) international law. The decisions of national courts in private international law are a particular example of the phenomenon of an international order constructed by a distributed global judicial network – an example of ‘peer governance’. As long as this ordering is unrecognised and unanalysed, its justness goes unexamined. For this examination to occur, the flow of the divergent streams of public and private international law theory must be channelled back towards confluence. Perhaps the most obvious sign of the continued influence of an international perspective on private international law is in the work of international institutions concerned with its harmonisation. A number of well-known international legal organisations are at least formally interested in private international law, including the International Law Association, Institute of International Law and International Law Commission, although in practice their focus has been almost exclusively on public international law. The General Assembly of the United Nations showed an interest in the subject at one time, but diverged towards a focus on the competing strategy of substantive harmonisation of private law. The work of the Hague Conference on Private International Law, which has been meeting regularly since 1893 and became a permanent intergovernmental organisation in 1955, is thus particularly prominent and important in this field. Its purpose, as defined in Article 1 of its Statute, is ‘to work for the progressive unification of the rules of private international law’. Numerous treaties on awide range of subject matters have been stablished under its auspices, both codifying existing international agreement on private international law and pushing for progressive development in the law, although their success in attracting widespread ratification has been variable. Public international law rules of jurisdiction The limits on the regulatory authority of states are expressed in public international law through the concept of ‘jurisdiction’. The boundaries of ublic international law jurisdiction are a matter of some controversy, but there is broad agreement on its general framework. In public international law the term ‘jurisdiction’ is used in a much broader sense than in private international law. In the context of the rules on the regulatory authority of states, three types of public international law jurisdiction are usually distinguished. These frequently overlap and thus the distinction is not always easy to maintain, n or is it universally accepted as reflecting international law. First, jurisdiction to prescribe or legislate, or roughly the limits on the law-making powers of government. The issue here is the permissible scope of application of the laws of each state; in private law disputes, this may be viewed as related to the private international law problem of the determination of the applicable law. Second, jurisdiction to adjudicate, or (roughly) the limits on the judicial branch of government. In private disputes, this is evidently closely related to the idea of jurisdiction in private international law. Third, jurisdiction to enforce, or (roughly) the limits on the executive branch of government. This limit is directly concerned with the acts of authorities implementing law, such as police or bailiffs. In the private law context, it is related to the pragmatic question of whether the court can enforce any judgment by exercising physical power over the defendant or their property. The limits on enforcement jurisdiction thus provide policy reasons why a national court might decide not to exercise jurisdiction, even when it had prescriptive jurisdiction under international law. If the judgment could not be enforced consistently with international law, because neither the individual nor their property were present in the territory, then a court might take this into consideration in deciding whether it is the appropriate forum to hear the dispute. Because the limits on enforcement jurisdiction mean that a judgment is only directly effective within the judgment state, they also necessitate mechanisms for the enforcement of foreign judgments in private international law. The correspondence in structure between the three aspects of public international law rules of ‘jurisdiction’ and the three basic components of private international law (jurisdiction, applicable law and the recognition and enforcement of judgments) suggests their underlying commonality. Public international law rules on jurisdiction are expressed as being applicable to the state as a whole. In practice, however, different aspects of the rules are directed to and typically restrain different branches of national government. In examining the development of these rules and questions of state compliance, the division between international and national law is patently unhelpful. Although public international law does not specify the structures of state governments, it is the actions of domestic institutions, including national legislative measures and judicialdecisions, that constitute the acts of the state for the purpose of these international obligations. The actions of national legislatures and courts can constitute state practice for the purposes of the development of international customary law or for the determination of ‘the general principles of law recognized by civilized nations’, as well as constituting acts of the state for the purposes of determining whether a breach of an international legal obligation has occurred. Their role in both international and national law reflects, as Scelle described it, their dedoublement fonctionnel. Territoriality in public international law It is sometimes claimed that the public international law rules governing jurisdiction are subject to an overriding requirement of ‘reasonableness’, although this is not universally accepted. The idea of a secondary requirement of ‘reasonableness’ has been criticised for giving courts too much flexibility. It may be better interpreted not as a separate test but as a consideration going to the degree of connection required to establish jurisdiction. Here the influence of territoriality is clear; the requirement of reasonableness is said to necessitate consideration of territorial connections such as ‘the link of the activity to the territory of the regulating state, i. e. , the extent to which the activity takes place within the territory, or has substantial, direct, and foreseeable effect upon or in the territory’. Territoriality in private international law The influence of territoriality in private international law is pervasive. The accepted grounds for the exercise of jurisdiction or the choice of a particular applicable law in national courts are predominantly territorial, although these can take a number of different forms. While territoriality is behind a variety of private international law rules, these rules may thus reflect a range of interpretations of what territoriality means in practice and in different contexts, and different views on the extent to which legislatures should decide these questions generally or leave them to the courts to work out in each case. The study of their interaction is not merely useful because public international law rules on jurisdiction help explain the rules of private international law, but also because the rules of private international law provide an important source of state practice for the development and understanding of the rules of public international law. An extreme example of a territorial approach is found in the common law and US rule that the presence of the defendant within the territory is sufficient to constitute jurisdiction, regardless of the tenuousness or transitory character of the link between the defendant and the territory. This idea of territoriality is rightly controversial, because it does not seem to reflect the public international law conception of territorial jurisdiction. The territorial connection on which jurisdiction is based is not in respect of the act or thing to which the dispute relates, but merely the subsequent presence of the defendant. Because presence is only required at the time of commencement of proceedings, not at the time of any events related to the dispute, it bears no necessary relation to the question of whether the proceedings are connected in any way with the forum state. Presence establishes only a physical capacity for effective jurisdiction, perhaps based on the outdated conception that an exercise of civil jurisdiction may necessitate the use of physical force against the person of the defendant. If this is a meaningful consideration at all, it is relevant only to the question of the enforcement of the judgment (which may ultimately depend on criminal sanctions), not to the assertion of jurisdiction. It seems to confuse the question of enforcement jurisdiction under international law, the capacity of a state to exercise physical control over its territory, with adjudicative jurisdiction, the capacity of the state to assert its authority to hear proceedings. Alternatively, it appears to reflect an old fashioned ‘positivist’ view of jurisdiction, based on absolute sovereignty – the only limits on state jurisdiction are practical or self-imposed limits; where jurisdiction is physically possible (because of the presence of the defendant) it is acceptable. Conclusion When viewed from a systemic perspective, the components of private international law, rules on jurisdiction, applicable law, and the recognition and enforcement of foreign judgments, are revealed to have a functional commonality that responds to this potential for regulatory conflict, in support of the principle of subsidiarity. They are each limited and imperfect techniques aimed at reducing the possibility of inconsistent legal treatment of disputes, by (respectively) reducing the number of states that can hear a dispute, increasing the likelihood that each state will apply the same substantive rules to resolve a dispute, and decreasing the likelihood that a dispute heard in one state will be re-heard in another state. Private international law is not merely a discipline of narrow professional interest for specialist national lawyers and academics.

Thursday, November 28, 2019

Process of Organisational change management an Example of the Topic Business Essays by

Process of Organisational change management The strategy of a company requires constant updating. With the changing conditions of market and industry it is important for an organisation to keep its strategy in tact with the changing environment. An out dated strategy cannot fulfil the needs of todays global environment. In order to go through the updating process the organisations should carry on an audit to analyse which aspect requires improvement. It also specifies what strategy is necessary to support the business operations, the information people use currently and the gaps in these functions and the business goals. Need essay sample on "Process of Organisational change management" topic? We will write a custom essay sample specifically for you Proceed Most managers fail to analyse the current situation of their business and lack a sense of intuition and forecasting. Often it is also a draw back that the strategy of some organisations neglects the change in the functions of some important departments. It is important for a strategy to serve all the needs of departments, which require change. Through a strategy audit it becomes easier to find out which departments and operation require to be revolutionised or updating. By assessing the knowledge possessed by an organisation about its competitors and market environment the mangers can effectively take decisions in order to find the most feasible way for their businesses to maximise profits and improve market share. It is also important to calculate the extent to which change needs to be introduced to the organisation. Although the identification of the problem is a big issue but the finding a solution making sense with business world is the main purpose of change in the organisation. Back in 1970 Alvin Toffler in Future Shock (Toffler, A. 1970) describes a trend towards accelerating rates of change. He illustrated how social and technological norms had shorter life spans with each generation, and he questioned society's ability to cope with the resulting turmoil and anxiety. In past generations periods of change were always punctuated with times of stability. This allowed society to assimilate the change and deal with it before the next change arriv ed. (Wikipedia) In the volatile business environment of the 21st century the most important requirement of todays business is constant changing and updating with the external conditions. Change can be referred to as Internal, External, and business process re-engineering and transformation programs. The external change includes the changes in market, technology, and competitive environment, global and political environment etc. Internal changes involve the actions, which the organisation has to take in order to put up with the external changes. These include the business restructuring and the transformation programs. The well-planned strategy to undertake change combine all of the above elements in the suitable ratio to undertake the process effectively and in timely manners. On the other hand an unplanned change introduction can worsen the things rather than improving. Therefore it is important for the leaders and mangers to undertake the change activities in a strategical way to reap the fruit of change introduction in the organisation. A change project undertaken without a suitable strategy can increase the operating cost of the business without improving the operations and performance of the business. The formulation audit of the internal and external environment helps the organisation in formulating change strategy and the successful implementation of the change. The main purpose of the strategic management is to support organisations in the successful adaptation of change. With the advent of Information technology and the increasing globalisation the external forces are constantly putting pressure on the organisations to undertake updating activities. Swift changes in information and communication technology (ICT) over the last decades have had a revolutionary impact on how todays business organisations work, co-operate and compete. Information systems, Telecommunication and the Internet challenge the thinking on organisational structures and industry boundaries and fuel the debate on globalisation. The growth and following rupture of the dot-com bubble shows how businesses must continue to struggle how to best take advantage of the new technological possibilities. (Impact of e-economy, 2004). With the increasing globalisation the competition in the industries is also increasing the market and the domestic stakeholders have been transformed into global market and global stakeholders. In order to adapt change it is important to find answers to the questions such as what should be the direction of change? Which departments need to change? Does the business need restructuring? Who are the competitors? What are the factors effecting the tastes of the customer? What are the new threats the business will have to face in case of the invention of new technology? Strategic management is the way of finding gaps in the current performance of the organisation and to design, formulate and implement new steps in order to fill these gaps and to align the organisational functions with the pre settled objectives. It is the method of aligning all the activities being undertaken in the organisation such as management, marketing, research and development and Computer information system in a prescribed way to achieve the goals of the organisation. There are many stages involved in the process of the strategic management. These steps are divided in to three broad categories: Strategy formulation Strategy implementation Strategy evaluation The first step namely the strategy formulation involves the development of the business mission, evaluation of the opportunities and threats faced by the business organisation in the business, by using tools such as SWOT analysis, examining the strengths and weaknesses of the business, determining the long term objectives of the business and designing the new strategies to eke in the process of achieving the new targets. It also include the processes to determine the investment direction, the business markets to be addressed, extension of the operations of the business, limitations faced by the business in order to undertake the business activities. Strategy formulation also helps the business in deciding about the matters to be addressed on priority basis. There is not any organisation in the world which has unlimited resources. Therefore the business organisations need to evaluate which projects are important and need investment. The future of a business organisation is very much e ffected by the strategic decision of the management of the organisation. Strategy implementation is the process of preparing the culture, employee motivation and resource allocation in order to eke the management in acquiring the on going benefits for the business. The process is constituted on the implementation of supportive policies, redirecting the management and the marketing efforts, planning the financial issues, alignment of the information system with the information needs of the employees and last but not least provisions of appraisals and rewards to the employees. The strategy implementation stage requires several actions to be taken by the management in order to get the most of it. The successful implementation of a strategy is directly related to the ability of a manger to motivate employees in the strategic direction and to develop an organisational culture to adopt the change and take it into the daily business practise. It also demands some crucial steps by the managers on personal level. The manger should depict different qualities such as discipline, high level of commitment and motivation, leadership and enthusiasm of making things possible. Successful implementation of strategy is very important. This is the most crucial step in the whole process since it involves many factors besides the ability of manger. This includes the adoption of change by the employees, their commitment levels, and the enthusiasm towards their jobs. Most often the business organisations fail to achieve their desired targets since they fail to implement their s trategies in a successful manner or fail to get support from their employees. The final stage is the strategy evaluation. After the implementation it is important for the managers to test the effectiveness of the strategy. The process of strategic management helps the managers to find out the answers of the above questions and designing or reshaping the strategy in order to respond to the needs of change required. These change plans are then implemented in different departments and in different phases by adjusting with the culture, environment and people of the organisation. With the increasing globalisation the importance of strategic management in bringing about change in the business organisation is also multiplied. The role of a change manager has become complex due to the multicultural workforce increasing diversity, difference in perceptions and lack of synchronisation in different departments. On the other hand the increasing expectations of customers also add to the challenges facing todays managers. According to Ajayi Several factors such as distance time, culture, history, demographics and the internal and external forces are needed to adjust in order to undertake an effective change process. (p.51) This is impossible without planning and implementing change in a strategic manner. In order to undertake the change process effectively it is important to change the culture of organisation. This can be done in a strategic way by communicating with the employees and making them getting over their fears regarding the change. The change applications and projects that develop those applications have always been subject to certain behavioural influences. The influences that can affect the performance of employees as they perform their tasks are regarded as human factor considerations. Fear as the Underlying Factor: The employees of the firms that installed the first data processing systems experienced fear. The employees feared that the computers would put them out of work, and in some cases that actually happened. However, even in those firms in which management had no intention-replacing people with the computer, the employees were still distrustful and expected the worst. How Employees Express Their Fears: When employees are afraid of the change they may react in various ways. The healthiest response is to openly express their fears to management. Management then has the opportunity to respond and put the fears to rest. Many times, however, the employees will keep their fears to themselves. How Managers Express Their Fears: Rank-and-file employees are not the only ones who can throw up roadblocks to computer use. Managers may have fears of their own. At times the managers in one functional area do not want to share their information with others. Their reasoning is that they have gathered the information and should be able to control its use-it is their data. While such attitudes are clearly not in the best interests of the firm as a whole, they are a reality of human nature. A Program to Minimise Fear and Its Effects: The mangers must be aware of how fear on the part of both employees can affect the success or failure of development projects and operational systems. The firms management, assisted by the information specialists, can minimise fear and its detrimental effects by taking the following four steps: Use formal communications to keep the employees aware of the firms intentions. The announcements by top management at the beginning of the analysis and implementation phases of the system life cycle are examples of this strategy. Build a relationship of trust between the employees, the information specialists, and management. Such a relationship is achieved by being honest about the projected impacts of change in the organisational systems and in living up to promises. Such formal communications and the inclusion of employee management team go a long way toward achieving trust. Align the employees needs with the objectives of the firm. First identify the employees needs, then motivate the employees by showing them that working toward the firms objectives also helps them meet their own needs. Team leaders and mangers can contribute to each of these three steps. The specialists often observe the resistance that employees keep hidden from management and can also detect that they are not putting their full weight behind projects. Managers should be trained to recognise and respond to resistance. These behavioural skills are just as important as technical skills. After the behavioural factors the speed of the change should be controlled strategically. Although the niche of the market leadership is to respond quickly to the needs of the customers and market condition but a successful strategic management practise should be undertaken in a balance way keeping in mind that the employees should not get overload. The speed and nature of change should be given special attention. The method of undertaking the process of strategic management is of immense importance. This also effects the results of the process. An environment of trust and understanding is the most important benefit of strategic management. Managers and employees become more innovative and productive when they tend to understand the mission of the organisation and align their efforts accordingly. Thus the productivity of the organisation improves increasing the profitability of business. The relationship between the employee compensation and the organisational performance multiplies the productivity of the organisation. The process of the strategic management empowers the employees of an organisation. The empowerment of employees increase their participation in the decision making process of the organisation. When the employees become the part of the change decision they actively participate in the whole process and play important role in the effective implementation of the change strategy. Hence the employees help each other in the process of learning, educating, sharing and supporting the change activities. (David, p.16) Most of the companies experiencing hyper growth rely on the strategic management and flexible business model in order to undertake effective change strategies. But it should also be kept in mind that the strategic management undertaken in a haphazard manner could be harmful for the business. According to Cook and Ferris the practices of high-performing firms reflect a more strategic orientation and longer-term focus. (P.454) The process of strategic management has proven to be the force of providing financial benefits for the organisations. In The Balanced Scorecard, Kaplan and Norton provided managers a framework to measure organisational performance from four perspectives: financial, customer, internal business processes, and learning and growth. While organisations worked to implement their own strategy for using balanced measures, Kaplan and Norton discovered a consistent pattern for achieving strategic focus and alignment. (Kaplan & Norton) Lack of effective strategic management can lead to business failure and a wipe out of the organisation from the industry. The strategic management in the case of undertaking change provides several benefits to the organisation, which are as follows: It helps the management in setting priorities and identifying opportunities and making the most of these opportunities. It helps in the alignment of the steps to be taken and improve the co-ordination in the management and staff of the organisation. It minimises the chances of risk involve in undertaking the process. The effective strategic management helps the businesses to undertake the use of their scarce resources in cost effective manner. It ties the management and employees of the organisation in the strong relationship of trust and understanding by taking effective communication processes. Hence the process of strategic management is inevitable in order to undertake change effectively in the organisations. References Ajayi, O. Leading Change, EXPRESS EXEC.COM, Capstone Publishing, United Kingdom. P. 47-51 Cook, D. Strategic Human Resource Management and Firm Effectiveness in Industries Experiencing Decline, Human Resource Management 25, no. 3 (fall 1989): 77. David, Fred R., Strategic Management: Concepts and Cases Seventh Edition. p. 5-25 Kaplan, Robert S. Harvard Business School Press, 2001, available at http://www.opm.gov/perform/articles/2001/spr01-5.asp> [14 August, 2006] Impact of the e-Economy on European enterprises. (2004). European Union. Wikipedia, Strategic management, 2006, Available from

Sunday, November 24, 2019

Free Essays on American Optimism

American Optimism A man overcoming dire circumstance, including a low income family, working hard at a young age, using every means possible to gain an education, breaking down wall after wall, gaining power and prestige through huge personal sacrifice. The American success story deriving from common people, the average American against all odds becoming the ultimate success story. Guys like presidents, CEO’s, congressman and people of that nature. People that were once among the people now they speak for the people. They rose above to obtain positions of high wealth and extreme power. The â€Å"American Underdog.† I had been taught this my whole life in school, from my parents, from media and everywhere else that had any influence on the way that I thought. If you work hard and continually have high hopes that you will indeed someday be able to become what ever you want. After always being told this I started to think at a very young age that this is probably true. How did all these people that were on television that were in movies and played professional sports get there. They just worked hard kept doing good and eventually got to where they wanted to be. This came in to effect when I realized that my first love of baseball would mean that I would become a major league baseball player and play for the San Francisco Giants. Then I thought, I remember my mom saying something about how much she loved to run track. Hmmm I pondered, why didn’t she become a professional track star? After going outside and playing a game of whiffle ball I had already forgot what I had thought earlier . This might have been my first taste of reality I just failed to realize it. Up until I had graduated high school I hadn’t really thought about anything else I wanted to do, because I had planned on just being a professional sports star, president, or very famous. I still did well in school though making sure that my grades were good... Free Essays on American Optimism Free Essays on American Optimism American Optimism A man overcoming dire circumstance, including a low income family, working hard at a young age, using every means possible to gain an education, breaking down wall after wall, gaining power and prestige through huge personal sacrifice. The American success story deriving from common people, the average American against all odds becoming the ultimate success story. Guys like presidents, CEO’s, congressman and people of that nature. People that were once among the people now they speak for the people. They rose above to obtain positions of high wealth and extreme power. The â€Å"American Underdog.† I had been taught this my whole life in school, from my parents, from media and everywhere else that had any influence on the way that I thought. If you work hard and continually have high hopes that you will indeed someday be able to become what ever you want. After always being told this I started to think at a very young age that this is probably true. How did all these people that were on television that were in movies and played professional sports get there. They just worked hard kept doing good and eventually got to where they wanted to be. This came in to effect when I realized that my first love of baseball would mean that I would become a major league baseball player and play for the San Francisco Giants. Then I thought, I remember my mom saying something about how much she loved to run track. Hmmm I pondered, why didn’t she become a professional track star? After going outside and playing a game of whiffle ball I had already forgot what I had thought earlie r. This might have been my first taste of reality I just failed to realize it. Up until I had graduated high school I hadn’t really thought about anything else I wanted to do, because I had planned on just being a professional sports star, president, or very famous. I still did well in school though making sure that my grades were good...

Thursday, November 21, 2019

In what ways has Japan succeeded in shaping international politics in Essay

In what ways has Japan succeeded in shaping international politics in the Asia-Pacific without reviving memories of its past aggression - Essay Example Since the end of the Second World War, Japan withdrew from international politics, mostly because of measures imposed by the United States and by its Asian neighbours who suffered Japan’s aggression during the Second World War. And now after more than half a century of withdrawal from international politics, Japan is now slowly becoming a major player in the international scene. This paper shall discuss Japan’s re-entry into international politics, particularly focusing on Japan’s role in the Asia-Pacific region. Japan has been successful in playing a major role in international politics, especially in the Asia-Pacific region through its adoption of its multi-tiered approach. This multi-tiered approach which has been adopted to improve international cooperation among the Asia-Pacific nations is a new policy perspective which â€Å"packages different types of coordination among region states, including bilateral, multilateral, and minilateral or subregional, in a layered hierarchical manner† (Ashizawa, 2003, p. 361). Through this approach Japan has managed to maintain its enthusiasm for multilateral agreements even with countless criticisms on its significance and effectiveness. Through the multi-tiered approach, Japan has managed to maintain its security arrangements with the United States (Ashizawa, 2003, p. 361). And in applying such arrangements, Japan was able to form more connections with Asia-Pacific nations. With the adoption of new changes in its regional security order, the s elf-recognition of its status as a major power, and through its imposed constitutional constraints, Japan has managed to apply the multi-tiered approach as an effective approach in shaping its security policy and international relations 50 years after the Second World War (Ashizawa, 2003, p. 361). As far as its Asian neighbours are concerned, Japan has been trying