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International Disputes When Business Internationally Essay

… Arbitration is underlined by a philosophy that an agreeable arrangement can be reached for all parties. "The enforceability of a court judgment vs. that of an arbitral award also favors using arbitration. No effective international treaty facilitates the enforcement of foreign judgments whereas the same is not true with respect to arbitral awards…June 2008 marked the 50th anniversary of the 1958 signing of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention" (Aliment 2009: 13).

However, when engaging in discussions about how to conduct the arbitration, care must be taken to ensure both parties are well aware of the different approaches of both of their legal systems. Even when it comes to arbitration, "the…. [read more]


Evolution of Commercial Law From the 18th Century to the Current International E-Commerce Era Research Paper

… ¶ … evolution of commercial law from the eighteenth century to the current international e-commerce era, with an eye towards specific crises and responses that led to formation of the current system of general commercial law. These crises include the conflict between national law and the law merchant during the eighteenth century, the emergence of negotiable instruments in the early nineteenth century, the importance of new forms of insurance during the middle of the nineteenth century, the consolidation and monopolization of the Industrial Revolution, and the global effects of the internet on commerce and copyright. Tracing these crises and the legal system's response allows one to better understand how the evolution of commercial law is constituted by a mixture of disruptive change and long-standing legacies,…. [read more]


International Law Traditionally Term Paper

… International Law

Traditionally, International Law was defined as "the body of law that governs the legal relations between or among states or nations." ("The Free Dictionary"). In this definition, the state or a nation is assumed to be sovereign, have its distinct territory, a population, and a government. Hence, if we strictly follow this definition, international law would only apply to relations and interactions between sovereign states. In the current changing paradigm of increasing globalization, the proliferation of non-government organizations, and the growing activities of multinationals, the scope of international law has become much broader. The jurisdictional and protective reach of international law now extends far beyond traditional state-to-state interactions to international organizations as well as individuals. This paper looks at the background of the…. [read more]


Labor Unions Are Communities Essay

… This can occur when the organization only concentrates on its personal interests and expects that the employees are simply going to cooperate. Workers can only emphasize the important role they play within the company as a result of refraining from collaborating.

Depending on the attitudes that a company puts across with regard to its employees, they are more or less likely to cooperate. Some companies prefer to take on an adversarial strategy by acting only based on their interests. Other companies are likely to accept to cooperate with a representative elected by its employees. A number of companies actually support their employees in getting actively involved in making important decisions and addressing organization policies.

Society has experienced much change during recent decades and while unions…. [read more]


Law Movie Analysis and Research Silkwood Term Paper

… Law Movie Analysis and Research

Silkwood like many other movies, e.g. The Insider, Erin Brockovich, Norma Rae, deals with the problems of corporate America, a greedy, corrupt, criminal corporate America that exists only for the quick profit and would do anything and everything to make more and more money. The employees, consumers and people living next to the industries are the ones who pay the price for corporate America with their lives and health and this is a very high price to pay for the welfare of others.

Silkwood is a disturbing movie that raises the signal and makes one think long and hard about the world he is living in, especially because it is all based on a true story and nothing raises awareness…. [read more]


Role of Law in Business Essay

… For example, before computers became part of people's lives, there was no computer fraud, there was no "file sharing" (of music and movies), and there was no cyber-stalking. Now that those crimes have emerged from the advent of these technologies, the role of law is to evolve with societal changes, Siegel explains (Siegel, 2011). Prior to the Supreme Court ruling on individual cases, the High Court often "…considers empirical research supplied by criminologists," which helps to shape how society responds to changes (Siegel, 6).

The Role of Law in My Industry -- Human Resource Specialist

In my position as an HR specialist, I must be very well aware of the role of law as it applies to my company and my job. In specifics, I…. [read more]


Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain types of laws and also dictates which branch of government has the power to enact certain types of legislation. This essay provides a brief overview of several of the key factors in constitutional law, including the areas where a practitioner is most likely to encounter constitutional issues.

Powers of the Federal Government

While the Constitution appears to establish the supremacy of the Supreme Court's decisions,…. [read more]


Labor Law: Collective Bargaining Research Paper

… " (2004)

Rainsberger (2004) states that the origin of the deferral doctrines of the N.L.R.B. is a 1955 case "in which an issue involved both an alleged contract violation and an unfair labor practice. The Board established a set of criteria, which it has since used, with some modifications, to determine whether it should accept and recognized the award of an arbitrator as determinative of the unfair labor practice issue. The Spielberg criteria are: (a) The proceedings in arbitration must appear to be fair and regular, (b) The parties must agree to be bound by the decision of the arbitrator, (c) The decision of the arbitrator must not be "clearly repugnant" to the purposes and policies of the Act, and (d) The arbitrator must consider…. [read more]


Labor Discrimination Equal Pay Act Law and Reality Thesis

… Labor Discrimination - Equal Pay Act - Law and Reality

The objective of this work is to examine law and regulations relating to labor discrimination, the equal pay act and the reality of labor discrimination in today's workforce.

DEFINITION of LABOR MARKET DISCRIMINATION

The work of Becker (1957) defines 'Labor Market Discrimination' by stating that Labor Market Discrimination "...may be in the form of differences in wage rates for workers who are equally productive but who are different in terms of their personal characteristics including race, age, religion, nationality or education. Labor market discrimination also comes in the form of job exclusion upon the basis of social class, union membership or political beliefs. (Becker, 1957)

BACKGROUND to the STUDY

The Equal Pay Act (EPA) is…. [read more]


International Legal Issues Cadmex Essay

… As stated above, some practical considerations include the cost of trying the case because of the parties' and witnesses locations. For example, say a witness is in Japan. The case is against a Japanese company. Texas has jurisdiction due to the work done in Texas. The cost to the plaintiff of flying in witnesses, or perhaps not having access to key witnesses because of the distance involved are practical considerations of taking legal action against a foreign business partner based in another country.

Factors that could work against CadMex's decision to grant sub-licensing agreements.

With the integration of economies around the world even if you work for the domestic market you are a part of international business because the world today has become interrelated and…. [read more]


Soviet Law the Legal System Research Paper

… In the United States, if a party fails to present evidence at the trial level that evidence cannot be considered at the appellate level, in Russia, however, appellate courts allow parties to introduce additional information and evidence which was not presented at the trial level (Reshetnikova, 2009, p. 6).

Modern Russian courts are evolving and have incorporated European and western legal principles and codified those rules in their statutes, constitution, and civil regulations. However, the Russian court system, like the Soviet legal system, is a complex and political entity. The increasing standardization of Russian law in the modern era has not eliminated the influence of government officials and wealthy businessman in Russia. Two groups which are often exempt from punishment funder the law for various…. [read more]


Business, Law and Ethics Essay

… The private institutionalization, therefore, protect organizations from legal liability while limiting laws impact on managerial power.

Repeat players devote little time researching on alternative dispute resolution that shapes the meaning of law; this facilitates further repeat player advantage. Vermont uses collaborative justice systems that balance the dispute resolution structure; this is achieved by a model that balances various stakeholder values. This ensures that repeat player advantage does not exist at the expense of consumer, interests, unlike in California. The difference in adjudication in both states inhibits and facilitates the conditions to which the organizations are less or more likely to flow into the law.

Recommendations

Although sometimes the alternative dispute resolution systems can be unfair to other stakeholders others like, the employees can use strikes…. [read more]


International Labour Law Term Paper

… ¶ … Professor Alston on the 'core labor standards' of the International Labour Organization (ILO), a review of how the Declaration goes against the original intent of the 1919 ILO tradition (ilo.org 2012). Pointing out that the intent of the ILO was to serve as a globally represented oversight in setting standards for International labor laws through use of conventions. Conventions being made up of legal and government delegates from each country to convene to discuss issues with labor and trade relations. According to Anderson in an article on Labour Rights on a Global Context, there are three main areas where international rights and enforcement coincide. Making social rights constitutional is an area deeply affected by politics and economic influences. Those with power be it…. [read more]


Labor Relations What Changes Essay

… CIO membership began to decline and it lost its dynamic leaders and organizers.

The CIO eventually found itself deep into civil war that was mainly between non-communist affiliates and communist led unions. CIO lost its relevance because of the civil war because it could not live to its mission of organizing the unorganized and empowering the dispossessed. Trust that CIO enjoyed because of its independence was eroded because it was argued that it had accepted its place within a system of capitalist hierarchy. It soon merged with AFL to form AFL-CIO (Whatley, 1993).

What generational aspects (i.e., baby boomers, Generation X, Generation Y) have influenced labor unions and will continue to do so?

Generation Y'ers were born between 1977 and 1994. Over 70 million Americans…. [read more]


International Trade Has High Importance Essay

… The increase in shift from manufacturing to services has also reduced the average prices of manufactured goods. Since, manufacturing is now shifted to the low wage countries. This all became possible due to easy laws for international trades in UK.

Due to change in employment laws in 2009, domestic demands of UK citizens have also been changed. Since, income level has risen and the leisure time is increased. So, this has given boom to the travelling and communication. People spend more on recreation and trips so the demand of restaurants and personal services demand is increased.

The population of UK has also been increased much since past years. Therefore, the demand of certain goods and services in UK has gone up. Like housing, health and…. [read more]


Law and Policy Case Study

… Robust governance as evidenced by the presence of sound regulations, policies, and laws that control the behavior, activities, and decision-making of different organizations result in improved and sustained performance. Similarly, presence of rules, regulations, and policies influence the performance and behavior of the IT organizations significantly. Presence of legal regulations, policies, and laws contribute to the adoption of the desired organizational behaviors by the IT organizations. As such, adoption of the desired behaviors ensures safety of the employees, consumers, and the environment of the organization. The legal frameworks ensure the IT organizations ensure responsibility and accountability of the IT organizations for their actions. The responsibility contributes to the creation of the business environment that promotes healthy competition and recognition of employee and consumer value to…. [read more]


International Business Expansion Process Dissertation

… 2. Selecting the Country for Recruitment:

The organization has multiple choices to recruit its workforce for its international assignments. It can recruit them from the home country (Parent Country Nationals), target or host country (Host Country Nationals), or from some third country (Third Country Nationals). Just like international business expansion is a more complex process than local expansion, international recruitment and selection process is a more challenging task than local hiring. The selection, placement, benefits and compensation strategies, performance appraisal, and other HR decisions are made at a much larger scale than they are in the local work settings (Sanchez, Spector, & Cooper 2000).

3. Recruitment from the Parent Country:

The middle to higher level managers which international business organizations hire from their home country…. [read more]


Contexts Law Should Karl Essay

… Bill also for personal benefits supported Charles and Muriel in hiding the incident of murder of Gabrielle. He was talking undue advantage of this incident and hence was involved in activities which were against the legal duty of care and also moral obligations.

QUESTION # 3:

When is it legally fair to dismiss an employee (answer by reference to Bill)? When is it legally unfair to dismiss employees (answer by reference to the Mondox nannies).

The organization or the employer can dismiss an employee for reasons of misconduct. The other reason for dismissing the employee would be business related reasons. However, the employer should follow a fair procedure in dismissing an employee. At times, dismissing an employee becomes difficult for employer to manage or to…. [read more]


Labor Unions Are Associations Term Paper

… Moreover, unions have placed greater emphasis on organizing drives for new members, and although they have been successful in organizing government employees, they have had less success in recruiting office workers in the rapidly expanding services sector (Union pp). A major problem is demographic, since the fastest growing parts of the labor force, such as women, service industries, and college-educated employees, are generally the most reluctant to organize (Union pp). Unlike the European union movements, organized labor in the United States has avoided the formation of a political party and has remained within the framework of the two-party system (Union pp). By the mid-1990's, the number of strikes in the United States had reached its lowest level in fifty years, however, by the end of…. [read more]


Labor and Collective Bargaining Term Paper

… Labor and Collective Bargaining

Federal Government Resistance to Collective Bargaining - Supporters of the Public Safety Employer-Employee Cooperation Act or HR 980 assumed that this legislation would enhance and increase cooperation between the government and its workers (Sherk 2007). Most of these employees belonged to unions and experience already demonstrated that collective bargaining would, in fact, not enhance cooperation. Rather, it would create greater and undue burden on the States. These public employees included policemen, firefighters and emergency medical personnel. Collective bargaining has viewed as intrinsically adversarial. Putting employees and the employer before the bargaining table may be aimed at cooperation. But it would create as much conflict as the cooperation it was aimed at effecting. If the outcome was not favorable to either side…. [read more]


Paralegal Specialties International Law: Paralegals Essay

… Labor and employment: For private agencies, labor and employment law may involve dealing with complaints of unfair treatment, discrimination and harassment. For companies, labor and employment law may encompass creating employment contracts and dealing with in-house complaints regarding fair treatment and civil rights violations (Paralegals, 2009, BLS).

Ethics and professional responsibility: As well as working for government agencies monitoring law firms, paralegals may work for independent agencies that monitor lawyer's ethics and fair treatment. Professional associations such as the American Bar Association (ABA) and other consumer and public watchdog groups may require paralegals.

Employee benefit law: Paralegals may assist with the construction of employee benefits plans and contracts (Paralegals, 2009, BLS). This is often a part of corporate practice.

Worker compensation law: Worker compensation law…. [read more]


Challenges in Approaching and Dividing Responsibilities in the Post Cold War Era Term Paper

… International Relations

Challenges in Approaching and Dividing Responsibilities in the Post-Cold War Era

What challenges to outside actors (states, coalitions of states of international institutions) most often face in attempting to strike a reasonable balance between punitive and reconciliatory measures in the nation/state-building processes that have become the rule rather than the exception following inter- and intra-state conflicts in the post-Cold War era?

During the Milosevic international war crimes tribunal trial in the Hague in 2002, world leaders, particularly in the United States, turned their faces away, since they had been supportive of Slobodan Milosevic, the former Yugoslavian Head of State, as he was charged with committing crimes against humanity and genocide in Bosnia and Croatia. They say they simply "see the Milosevic case primarily…. [read more]


Clinton Cole v. Burns International Security Services Case Report Term Paper

… CLINTON COLE v. BURNS INTERNATIONAL SECURITY SERVICES Case Report

How did the Court apply Gilmer to determine the enforceability of this agreement?

The stated agreement points out employees' consented renunciation to take their employer to court, in front of jury, and in stead their agreement for all company related issues to be resolved by an arbitrary party. The precedent case of Gilmer vs. Interstate/Johnson Lane Corp. concluded that such an agreement is not enforceable in all cases, only in those that meet the established standards. "We read Gilmer as requiring the enforcement of arbitration agreements that do not undermine the relevant statutory scheme. The agreement in this case meets that standard." The required standard of an arbitration agreement is its validity in regard to the…. [read more]


Labor Dear Interns: Congratulations Term Paper

… Labor

Dear Interns:

Congratulations! You have become a part of a company that plays an integral role in the challenging, competitive, yet exciting world of international commerce! However, there are certain things to keep in mind when communicating with our various outposts located abroad, regarding the basics of how labor forces influence the ways international businesses comport themselves in other lands.

Labor quality:

First, ask yourself this question: does the nation in consideration have a highly skilled and educated labor force? If so, is the minimum expected wage for skilled and unskilled workers comparable to the wage structure of the United States, higher (as in Western Europe) or lower (India)? This will affect the percentage and types of employees from the local population that are…. [read more]


Labor Unions and Their Decline Many Modern Term Paper

… Labor Unions and Their Decline

Many modern observers believe that labor unions have outlasted their usefulness in a free-market economy, where people can seek the highest compensation for their labors and know that they will be protected by a wide range of local, state and federal laws that largely prohibit the exploitation and abuse of workers in the United States today. Some of these same observers, though, might be shocked to learn how and why labor unions were formed in the first place. Today, union advocates suggest that without them watching out for the best interests of workers, it would not take long for things in the workplace to return to the way they used to be. This paper provides an overview of labor unions,…. [read more]


Labor the Department Essay

… Global Workforce

Furthermore, employers are now focusing more on outsourcing and creating a rather global workforce. This is a growing problem because not only is it reducing jobs in America, it is promoting unfair labor practices all around the world. With outsourcing, employers can completely work without the fear of labor laws and workplace regulations. It has been seen that about 1.2 billion workers have been added to the global labor force (AFL-CIO, 2005) This sudden increased in labor coincides with the enhanced technological, transports and communication services. Goods and services can be moved across the world faster with decreased transaction costs.

The results are that workers are forced into a race to the bottom. Developing countries are burdened by debt and are required to…. [read more]


International Expansion Essay

… China has in the recent years liberalized its trade policies (Lardy,2003; Ianchovichina & Martin,2001). This means that import and exports can be conducted freely. Red Bull can exploit this friendly policy in the importation of its products into the populous Chinese market. Red Bull must also tow the line in regard to adhering to the Chinese food and beverage importation policies.

Some of these rules and regulations as stated in the policy include the following;

The company must ensure that they declare the importation of its goods to the Customs at the port of entry or any other place of entry within 14 days from the declaration of entry date.

The imported Red Bull products must be given Chinese labels as stipulated by the Chinese…. [read more]


Labor and Union Studies Research Paper

… Also, when two people are working in close proximity one can be a distraction to the other without trying. If an employee's production numbers are decreasing then they need to be evaluated.

Workplace environment can also become hostile when an employer is, for some reason, trying to create profits at the expense of employees. Although labor disputes may often seem to be something that happened in the past, there is still a significant place in the workplace for unions. Labor organizations are designed to make the workplace environment a place where employees can be productive (Grant & Harvey). It does not matter what the grievance is a labor organization can work to alleviate the issue if there is an actual need. The environment a person…. [read more]


Labor Laws and Unions Essay

… Labor Law and Unions

Labor Laws and Unions

The Kroger Co. headquartered in Cincinnati, Ohio, Kroger (NYSE:KR) is one of the country's leading grocery retailers, with financial sales of over eighty two billion in 2010. The Kroger Co. covers a lot of states with store arrangements that comprise grocery and multi-department stores, convenience stores and mall jewelry stores. They function under nearly two dozen names, all of which share the similar conviction in building sturdy local ties and brand loyalty with their patrons. Food stores are their main commerce and account for almost ninety five percent of the total corporation sales. Their convenience and jewelry stores and manufacturing facilities add to the rest of the entire sales (Kroger, n.d.).

Kroger employees belong to the United…. [read more]


Antitrust Laws Term Paper

… Antitrust Laws in the United States

United States can be considered unique in its formulation and enforcement of antitrust laws. This is because no other country has equivalent body of laws dealing specifically with monopolies and restrictive business practices with the possible exception of Canada. The reason lies in the fact that America has a very dominant, influential and vibrant business world. The United States enjoy a very pre-eminent position in the world of commerce and it would be natural to assume that there exists a connection between economic success and the existence of this special body of law. "The basic antitrust statutes are few in number: The Sherman Act of 1890; the Clayton Act, first enacted in 1914 and significantly amended in 1936 by…. [read more]

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