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, pleaseà email me. For your convenience I have broken the phrases into three sections. Please scroll down to see all sections. Level 1 *à Question Words*à à Responding*à à Responding inà Agreement Part1*à à Responding inà Agreement Part2*à à Disagreement Responses*à à Refusal*à à Request/Command*à à Unfavorable Responses*à à Praising Appearance*à à Praising Characteristics*à à Praising Intelligence*à à Emergency*à à Useful Expressions*à à Useful Adjectives*à à Basic Verbs*à à Useful AdverbsLevel 2 *à Greetings*à Partings*à Asking How*à Various Questions Part 1*à Various Questions Part 2*à Responding inà Agreement Part 1*à Responding inà Agreement Part 2*à Disagreement Responses*à Refusal*à Command*à Command (Dont ~)*à Encouragement*à Surprise*à Happiness*à Anger*à Sadness*à Weather*à Useful Expressions - At the Restaurant*à Useful Expressions - Shopping*à Useful Expressions - At a Party Level 3 *à Greetings*à Various Questions Part 1*à Various Questions Part 2*à Responding in Agreement*à Disagreement Responses*à Refusal*à Permissions*à Command*à Common Expressions for the Unknown*à Exclamatory Expressions*à Expressions of Disappointment*à Asking Permissions*à Happiness*à Anger*à Weather*à Useful Expressions - At the Restaurant*à Useful Expressions - Paying the Bills*à Useful Expressions - At a Party/Celebration*à Useful Expressions - At the Hotel*à 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 oneâ⬠¦show more contentâ⬠¦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 à |à 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 Iââ¬â¢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 à |à 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 à |à 4 PagesEnglish 1B 10a-12: 15p T/TH Wasted Voices ââ¬Å"Bad officials are the ones elected by good citizens who do not vote.â⬠-George Jean Nathan In todayââ¬â¢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 à |à 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 à |à 6 Pagesperception of good and bad which has sparked these battles, as well as worked to handicap young peopleââ¬â¢s ability to come to a true understanding of world events. Gardner writes about this concept when he says, ââ¬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 triumphantâ⬠(627). Through their entertainment children construct an internalized ââ¬Å"scriptâ⬠which can mislead them to think the concept of good and bad is much lessRead MoreEpicurus And Lucretius Essay1145 Words à |à 5 Pagesaccounts of Epicurus and Lucretius argue death is not bad for the person who has no sense of not existingââ¬âone cannot experience death. Epicurus and Lucretiusââ¬â¢ 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 oneââ¬â¢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? Nagelââ¬â¢s account explores the significance ofRead MoreGood Teacher Vs. Bad Teacher833 Words à |à 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 doesnââ¬â¢t? Being a good teacher means having a great personalityRead MoreGood Seed And Bad Seed752 Words à |à 4 PagesGood Seed / Bad Seed ââ¬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 ââ¬â thoughts of negation, worries, fears, angers, hates, resentments.â⬠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 à |à 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 à |à 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 ââ¬â Evodius is also sure of this proposition
Friday, December 13, 2019
Garnier Fructis â⬠Innovation Free Essays
Lââ¬â¢Oreal Garnier Fructis Oil+Shampoo Introduction: Lââ¬â¢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 ââ¬â Innovation or any similar topic only for you Order Now The mass consumer brands Lââ¬â¢Oreal Paris, Garnier and Maybelline New York; luxury brands Yves Saint Laurent, Kiehlââ¬â¢s, Ralph Lauren, Giorgio Armani, Diesel and Lancome; professional brands Lââ¬â¢Oreal Professionnel, Matrix, Kerastase and Keraskin Esthetics and pharmacy brands Vichy and La Roche-Posay. â⬠(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, Lââ¬â¢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 ââ¬â 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, Lââ¬â¢Orealââ¬â¢s innovation and new product development models are explained in respect to their Garnier Fructis Oil+Shampoo product. Innovation Model: According to Lââ¬â¢Oreal Indiaââ¬â¢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 Lââ¬â¢Oreal, i. e. active ingredients, formulation and evaluation; research has always been the main crux for the companyââ¬â¢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 productsââ¬â¢ safety and whether it is scientifically effective. But rather than focusing entirely on scientific research, Lââ¬â¢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 ââ¬Å"International Department of Studies and Consumer Insightsâ⬠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 Indiaââ¬â¢s head of operations calls as ââ¬Å"Indo-vationâ⬠ââ¬â Innovation specifically for the Indian market. In order to understand the global consumers of Lââ¬â¢Oreal, they strengthened their global presence in six regions; Europe, United States, Japan, China, Brazil and India. This enabled Lââ¬â¢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, Lââ¬â¢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, Lââ¬â¢Oreal Paris), opening a research and innovation center in Mumbai was in line with the companyââ¬â¢s universalization strategy in order to adapt to the cultural specific needs for all its global brands. Further, Lââ¬â¢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, Lââ¬â¢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. Lââ¬â¢Oreal stopped animal testing in 1989 and plans to terminate human biopsy for testing clinical effectiveness in the near future. New Product Development Model: Lââ¬â¢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 Ansoffââ¬â¢s (1965, 1968) directional policy matrix, Lââ¬â¢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 Lââ¬â¢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 consumerââ¬â¢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 companyââ¬â¢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 Lââ¬â¢Orealââ¬â¢s prestige. Lââ¬â¢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) Lââ¬â¢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) Lââ¬â¢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) Lââ¬â¢Orealââ¬â¢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 Deepà ® 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 ofLââ¬â¢Orealââ¬â¢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 ââ¬â 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 ââ¬Ëcomityââ¬â¢, but its status remains ambiguously ââ¬Ëneither 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 ââ¬Ëpublicââ¬â¢ and ââ¬Ëstate-centricââ¬â¢ 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 ââ¬Ëjustââ¬â¢ 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 ââ¬â although some private international law rules in the United States controversially permit exactly this, suggesting that the ââ¬Ëchoice of lawââ¬â¢ 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 ââ¬Ërule of the judgeââ¬â¢, not the ââ¬Ërule of lawââ¬â¢ ââ¬â in the common law, ââ¬Ëthe judgeââ¬â¢s duty is to interpret and to apply the law, not to change it to meet the judgeââ¬â¢s idea of what justice requiresââ¬â¢. Even in the context of amore ââ¬Ëpoliticisedââ¬â¢ 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 ââ¬Ëjusticeââ¬â¢ isused is unable to help as a justification for choice of law rules. The idea that ââ¬Ëjusticeââ¬â¢ could operate as a justification for applying foreign law seems to be question-begging ââ¬â since the problem is determining which idea of ââ¬Ëjusticeââ¬â¢ should be applied. The usual meaning of ââ¬Ëjusticeââ¬â¢ 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 ââ¬Ëjustââ¬â¢ than local law. It acknowledges that the ââ¬Ëjustââ¬â¢ outcome of a claim for damages for an accident in England, governed by English substantive law, would not be the same as the ââ¬Ëjustââ¬â¢ 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 ââ¬Ëjustice pluralismââ¬â¢. The underlying justification for the application of foreign law must therefore be a question of context ââ¬â of determining the appropriate circumstances for the application of local or foreign standards of justice, the appropriate ââ¬Ëconnectionsââ¬â¢ 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 ââ¬Ëjustââ¬â¢. 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 ââ¬â matters which are part of each national conception of ââ¬Ëjusticeââ¬â¢. 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 ââ¬â 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 ââ¬â an example of ââ¬Ëpeer governanceââ¬â¢. 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 ââ¬Ëto work for the progressive unification of the rules of private international lawââ¬â¢. 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 ââ¬Ëjurisdictionââ¬â¢. 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 ââ¬Ëjurisdictionââ¬â¢ 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 ââ¬Ëjurisdictionââ¬â¢ 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 ââ¬Ëthe general principles of law recognized by civilized nationsââ¬â¢, 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 ââ¬Ëreasonablenessââ¬â¢, although this is not universally accepted. The idea of a secondary requirement of ââ¬Ëreasonablenessââ¬â¢ 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 ââ¬Ëthe 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 territoryââ¬â¢. 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 ââ¬Ëpositivistââ¬â¢ view of jurisdiction, based on absolute sovereignty ââ¬â 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.
Subscribe to:
Posts (Atom)