Saturday, May 23, 2020

A Brief History of Cote DIvoire

Our knowledge of the early history of the region now known as Cà ´te dIvoire is limited—there is some evidence of Neolithic activity, but mush still needs to be done in investigating this. Oral histories give rough indications of when various peoples first arrived, such as the Mandinka (Dyuola) people migrating from the Niger basin to the coast during the 1300s. In the early 1600s, Portuguese explorers were the first Europeans to reach the coast. They initiated trade in gold, ivory, and pepper. The first French contact came in 1637—along with the first missionaries. In the 1750s the region was invaded by Akan peoples fleeing the Asante Empire (now Ghana). The established the Baoulà © kingdom around the town of Sakasso. A French Colony French trading posts were established from 1830 onwards, along with a protectorate negotiated by the French Admiral Bouà «t-Willaumez. By the end of the 1800s, the borders for the French colony of Cà ´te dIvoire had been agreed with Liberia and the Gold Coast (Ghana). In 1904 Cà ´te dIvoire became part of the Federation of French West Africa (Afrique Occidentale Franà §aise) and run as an overseas territory by the Third Republic. The region transferred from Vichy to Free French control in 1943, under the command of Charles de Gaulle. Around the same time, the first indigenous political group was formed: Fà ©lix Houphouà «t-Boignys Syndicat Agricole Africain (SAA, African Agricultural Syndicate), which represented African farmers and landowners. Independence With independence in sight, Houphouà «t-Boigny formed the Parti Dà ©mocratique de la Cà ´te dIvoire (PDCI, Democratic Party of Cà ´te dIvoire)—Cà ´te dIvoires first political party. On 7 August 1960, Cà ´te dIvoire gained independence and Houphouà «t-Boigny became its first president. Houphouà «t-Boigny ruled Cà ´te dIvoire for 33 years, was a respected African statesman, and on his death was Africas longest-serving president. During his presidency, there were at least three attempted coups, and resentment grew against his one-party rule. In 1990 a new constitution was introduced enabling opposition parties to contest a general election—Houphouà «t-Boigny still won the elections with a significant lead. In the last couple of years, with his health failing, backroom negotiations attempted to find someone who would be able to take over Houphouà «t-Boignys legacy and Henri Konan Bà ©dià © was selected. Houphouà «t-Boigny died on 7 December 1993. Cà ´te dIvoire after Houphouà «t-Boigny was in dire straits. Hit hard by a failing economy based on cash crops (especially coffee and cocoa) and raw minerals, and with increasing allegations of governmental corruption, the country was in decline. Despite close ties to the west, President Bà ©dià © was having difficulties and was only able to maintain his position by banning opposition parties from a general election. In 1999 Bà ©dià © was overthrown by a military coup. A government of national unity was formed by General Robert Guà ©i, and in October 2000 Laurent Gbagbo, for the Front Populaire Ivoirien (FPI or Ivorian Popular Front), was elected president. Gbagbo was the only opposition to Guà ©i since Alassane Ouattara was barred from the election. In 2002 a military mutiny in Abidjan split the country politically—the Muslim north from the Christian and animist south. Peacekeeping talks brought the fighting to an end, but the country remains divided. President Gbagbo has managed to avoid holding new presidential elections, for various reasons, since 2005.

Tuesday, May 12, 2020

Essay about The Nullification Crisis - 1585 Words

February 22, 2013 The Nullification Crisis The Nullification Crisis was a revolt by the citizens against Andrew Jackson and the Union, whereby they sought liberty and the state of being free, including various social, political, and economic privileges. This attempt to revolt against Jackson failed, and their seceding from the country was not granted. In these efforts to secede, they sought liberty and worked together as a state to gain what they believed to be free and include various privileges they rightfully have. The Nullification Crisis displayed the attempt of the citizen’s to achieve the securing of the blessings of liberty, yet the citizen’s attempt failed. In 1819, Andrew Jackson was elected as President of the United States.†¦show more content†¦He pleaded Henry Clay, an old friend, to draft a solution with him. Clay developed a compromise proposal, which lowered the high tariffs by ten percent over eight years. The Compromise Tariff of 1833 barely passed through Congress, but it significantly changed the tariff. These new rates were not nearly as low as the Southerners had hoped they would be, but it was a better compromise than the Force Bill had offered. South Carolina’s legislature voted to recede their efforts to nullify the tariff acts, but they did attempt to nullify the Force Bill. Even though their nullification of the Force Bill was insignificant, it allowed South Carolina to feel slightly victorious. Therefore, it is apparent that it is the citiz en’s job to secure the blessings of liberty. The citizen’s began to take action to secure their blessings of liberty prior to the Nullification Crisis, when they attempted to pass the Tariff of 1828 through Congress in hopes to aid Jackson’s re-election. Due to Jackson’s popularity, he was re-elected even without the help of the tariff. Yet the tariff was passed in 1828, and the citizen’s made a firm effort to nullify the tariff as soon as it was enacted. They believed they had the right to nullify the tariff, which sought their own privileges in liberty. The citizens further pushed for the nullification by trying to pass this though South Carolina’s legislature, but another group of citizens seeking to secure theirShow MoreRelatedThe Nullifying Crisis : The Causes Of The Nullification Crisis1552 Words   |  7 Pages The Nullification Crisis of 1832 is one of the crises that would eventually lead to the Civil War. Following the suffering o f an economic downturn throughout the 1820s, the United States government passed several new tariffs. When the Tariff of 1828 was passed by the Congress of the United States on May 19, 1828, it sparked the debate over states’ rights and highlighted the growing sectional difference between the South and the North in America. That Tariff of 1828 raised taxes on imported manufacturedRead MoreThe Nullification Crisis and Its Effects on the United States639 Words   |  3 Pages The Nullification Crisis, which transpired under Andrew Jackson’s administration created a controversy not only during its time, but also in the years to follow and ultimately was one of the many causes of the Civil War years later. The Nullification crisis soon developed in the early 1830’s when the state of South Carolina began to have issues with the protective tariff (which was designed to protect the industry in the northern United States by taxing imports). At this point in history,Read MoreJackson vs. Calhoun and the Nullification Crisis1420 Words   |  6 Pagesthe Nullification Crisis. Nullification is the refusal of a state to recognize a federal law within its boundaries and deem that law unconstitutional. In this case, South Carolina, led by John C. Calhoun, refused to recognize the protective tarif fs in 1828, and 1832, saying that they benefited the North and injured the South. At this point in time, the American system of government was fairly new and the struggle between state and federal power was in full swing. Towards the end of the crisis, CalhounRead MoreWhat Really Caused The Nullification Crisis Of The South Carolina Economy1238 Words   |  5 Pagesbelieved that if he developed the Theory of Nullification people in his home state would view him differently. The Theory of Nullification is the idea that states (unions) have the rights to void any law that is created by the government that is seen unconstitutional. States are the foundation of the Union, so they have the power to refuse any unconstitutional laws, and really states usually have the final say. What really caused the Nullification Crisis were many series of Protective Tariffs. ProtectiveRead MoreWhat Really Caused The Nullification Crisis Of The South Carolina Economy990 Words   |  4 Pagesbelieved th at if he developed the Theory of Nullification people in his home state would view him differently. The Theory of Nullification is the idea that states (unions) have the rights to void any law that is created by the government that is seen unconstitutional. States are the foundation of the Union, so they have the power to refuse any unconstitutional laws, and really states usually have the final say. What really caused the Nullification Crisis were many series of Protective Tariffs. ProtectiveRead MoreEssay on state nullification1569 Words   |  7 PagesImpact of a State’s Right to Nullification nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;Impact of a State’s Right to Nullification nbsp;nbsp;nbsp;nbsp;nbsp;The impact of a state’s right to nullification can ultimately cause a great deal of damage to the country that it resides in. To describe the impacts one would need to take a look back into history when the Nullification Crisis took place. South CarolinaRead MoreThe Tariff Laws782 Words   |  3 Pagesincluding Calhoun, the vice president and a politician from South Carolina. Later he wrote a nullification doctrine to express his opinions on the tariff. The nullification crisis greatly affected the growth of states’ rights over federal power. Because of the nullification crisis in South Carolina there were even thoughts of secession in the early 1830’s. â€Å"The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson that arose when the state of South Carolina attemptedRead MoreThe Era Of The Middle Class882 Words   |  4 Pagesthe people and not wealthy elites. He felt it was better for the country on bring in new fresh faces. Giving out political jobs as rewards became known as the â€Å"spoils system.† Another political reform on the table Jackson had to fix was the Nullification crisis. Jacksonian supporter’s main goal was to ruin John Quincy Adams presidency. They were still angered at his victory over Andrew Jackson in the 1828 election. The plan was to push a bill through Congress that would impose taxes on solely manufacturedRead More Andrew Jackson : True American Essay1579 Words   |  7 Pagesprides itself upon today. His Presidency was plagued with controversy, but President Jackson used his power as President to unite a sometimes-divided nation and establish a precedent of power for future American leaders. States rights, the nullification crisis, the spoils system, Indian removal and banking policies were all controversies which brought forth strong rivalry and resentment throughout his years as president, but Jackson’s strong will and assertiveness got our country through these timesRead MoreThe Era Of The Common Man1011 Words   |  5 Pagessomething Ja ckson liked to approve of nor let happen at all. The Nullification Crisis with John C. Calhoun shows how opposed Jackson is to reforms. In 1828, Calhoun created the nullification doctrine that held the idea that states should have the rights to nullify unconstitutional laws. Calhoun wanted to use the doctrine to nullify the 1816 tariffs that he believed stagnated the South Carolina economy. In 1832, the nullification became a crisis when South Carolinians protested over a congressional bill

Wednesday, May 6, 2020

Resistance of Change in Chinese Society in the Beginning of 20’s Century Free Essays

Resistance of Change Ding Ling’s â€Å"A Day†, Lu Xun’s â€Å"A Madman’s Diary,† and Yu Dafu’s â€Å"Sinking† are all works that have been written in the time of a crucial change in China. Although the stories are fictional, the writers manage to reflect and correlate their characters to the current state of their homeland. Reading the listed works we see that its characters possess many common traits such as suffering, humility, depression, and much love and patriotism for China. We will write a custom essay sample on Resistance of Change in Chinese Society in the Beginning of 20’s Century or any similar topic only for you Order Now The authors use character’s personal difficulties, to illustrate how complex it is for China to abolish its conservative, deep-rooted, traditional ways for new ones. In â€Å"The Diary of a Madman† by Lu Xun, we see a character that is in a state of constant paranoia. He is considered to be a madman by his immediate society that is greatly influenced by old Chinese morals and traditions of imperialism and Confucianism. He believes that his social circle practices cannibalism and sooner or later he will be eaten. On numerous occasions he questions the reasons behind this immoral practice which he believes is real. Although his actual perceptions of his surroundings might be erroneous in reality, we notice a valid metaphoric meaning in his view; cannibalism as suppression of people. He doesn’t understand why people are not willing to give up their old customs of cannibalism. He claims that some who used to practice cannibalism in the past realized its immorality and stopped, yet most continue to live by old traditions. He argues immorality of old traditions should be exemplifying the west as a By illustrating this inability of social change the character demonstrates the society as one of great tradition. The character’s desire for change illustrates the revolutionary times that China was undergoing at the time. He wanted the Chinese society to abandon its traditional beliefs which were constraining their liberality. Order, discipline, and oppressive imperial traditions of their background influenced by Confucianism strongly shaped their beliefs and habits, making it difficult to accept new modern principles. The character feels helpless while observing his society’s challenge to change. Although we see the character’s distress, his connection and love towards China is illustrated in his last words of the diary. Declaring to â€Å"Save the Children†, the character conveys his patriotic beliefs in times of agony. We see that regardless of social resistance to change the characters’ hope of a better future for China persists, illustrating the great patriotism that is integrated in Chinese society and culture. In Ding Ling’s story â€Å"A Day,† we also see a character whose emotional state correlates to her surrounding society. In the story, a young woman lives in a poor part of a metropolis city, â€Å"under the jurisdiction of a few imperialist nations†(12). She despises this split society, which is made of â€Å"fat bellied† capitalists and the filthy poor working class that labors for the former. Observing the miserable working class routinely occupied in their â€Å"back-breaking† tasks makes her feel depressed. She pities them and wishes she could help them realize that they deserve a better living. She thinks that if only she could influence those people, to open their eyes to a better future, she would improve their lives. She makes an attempt to improve her maid’s way of thinking, trying to melt her gloom, but soon feels anguished herself. When she considers people’s â€Å"ignorant ways of thinking and their purely selfish desires† she hopelessly gives up. The lives of those people are wretched and their minds are numbed, they are stripped of all hope and ideas as they eke out a living from one day to the next†. She sees her society suffering in this â€Å"meaningless existence† and not being able to change. This resistance to change irritates her greatly. She realizes that the mentality of these people is degraded by imperialisti c domination for many years and is difficult to abandon. Those similar self degrading traits can also be detected in the character. Her immediate company that visits her daily takes advantage of her humbleness and overwhelms her with their sentiments regarding the ills of China. Her submissiveness restrains her desire to argue her position and take any measures. Depressed, she wants to isolate herself from everybody and sink in her daydream; the only delight of her day. We see a reflecting relationship between society and the character. Society makes her depressed and she is hopeless of change. Dreaming about a better life, she is still not able to take any actions that would help her break through this cycle of misery. While in the past two stories, we see characters that were disturbed by difficulties of change in their societies, in â€Å"Sinking† by Yu Dafu the main character is troubled by his personal complexities. Various emotional problems such as loneliness, hatred, fear, sexual frustration, paranoia, and other self degrading traits lead him to a suicide. A Chinese native and a patriot, he is influenced by Chinese traditional morals and beliefs that suffocate his desire to acquaint to a new environment in Japan, where he attends school as a foreign student. Discipline and order induced in him by Confucianism of imperialistic China restrain his adaptation in this new liberal setting. We see that his relationship with his new society is hurting because of his long-established morality. He feels that his schoolmates reject him, but his paranoiac attitude and reserved appearance prevent him from making any friends. Failing to make an attempt to connect with the Japanese students, whom he considers his enemies, he loathes them even more. He is resentful that his beloved China is in time of chaos while Japan is thriving and that distances him from his surroundings even more. He is sexually frustrated and unable to connect with girls. He tries to physically ease his frustration but feels sickened and considers it to be immoral. Having been influenced by Confucian tradition, he constantly tries to discipline and improve himself, yet his attempts are always overwhelmed by new desires and beliefs. Influenced by western literature, he finds peace when he recites poetry written by romantic writers and spends his sole time appreciating nature. This aspiration of western culture and liberal thinking constantly competes with the previous morality of the character. His personal conditions and experiences represent, and are the effects of, the undergoing struggles of Chinese society during the time of political chaos. After the overthrow of the Qing Dynasty, China did not have a real government. The society feels rejected, because other countries are not willing to step in and help establish a new administration. Although people anticipate a new liberal government, soon another Emperor takes office. Moral and traditional philosophy infiltrated by Confucianism made the Chinese culture humble and fearful just like the character’s personality. While manifesting many strong feelings of hate, sorrow, and frustration, the character is unable to take any measures to change his perceptions. In the end of the story the character commits suicide, stating; â€Å"O China, My China, you are the cause of my death! I wish you could become rich and strong soon!†¦ Many, many of your children are still suffering. † We can see that regardless of all the struggles he went through, the character is a great patriot of his country, and while he does not see any hope for his own healing, his sorrow and death symbolizes his hope for his Country and future generations. Contradiction We see that the characters in all three stories have various emotional and psychological traits that reflect China in its time of turmoil. We also see that all characters ultimately demonstrated great patriotism towards their country. In order to understand the reasons behind those qualities we have to observe a number of factors from authors’ perspective. Lu Xun, Yu Dafu, and Ding Ling were all authors that were greatly influenced by the revolutionary times in China and their stories illustrate, in part, their own feelings towards their society. The overthrow of the emperor, in the beginning of twenties century brought a new wind of change. People started to believe that new times are about to form. Western culture and political approach started to inspire people to believe that a better future is around the corner. The characters in our stories help us better to understand the circumstances and the condition of Chinese society in those crucial times. At first we observe Lu Xun’s â€Å"A Diary of a Madman† in which we see a man that is perceived as a madman by his society. Although in the story it might be so, we can identify a certain metaphor that symbolizes the character’s wisdom. While cannibalism was actually practiced in some instances in Imperial China, Lu Xun drew a picture that resembled the old imperialistic China that suppressed its society, â€Å"eating† their liberty. Imperialism vanished by the time all three stories have been written, yet society is still unable to change their old mentality. This resistance to change because of old settled-in traditions can also be seen in both â€Å"A Day† and â€Å"Sinking. And yet Ding Ling, similar to Lu Xun, in her story portrays mainly the difficulties of social change, Yu Dafu illustrates them on an individual that is also infected with old traditions overpowering his wish for change. Society formulates individuals that in turn makeup the former. The relationship between them is inevitable. It appears that all authors conveyed their personal outlook of their society through their stories. Resistance to change might have been the most difficult obstacle China had to overcome for a better tomorrow, and the offered stories showed us the disturbances of individuals in relation to their society. How to cite Resistance of Change in Chinese Society in the Beginning of 20’s Century, Papers

Friday, May 1, 2020

Principles of Contemporary Corporate Governance †MyAssignmenthelp

Question: Discuss about the Principles of Contemporary Corporate Governance. Answer: Introduction The case of Australian Securities and Investments Commission v Adler (2002) 168 FLR 253, 364; 41 ACSR 72, acts as a reminded to all the directors and the companies, that they have the responsibility of making certain that there is a need for an effective corporate governance framework (Hooper, 2011). This framework is needed to protect the companies from any improper actions, which can be taken by the director of such a company. There is a need to have ample amount of checks and balances to guarantee that the system is not breached or bypassed with ease (Paolini, 2014). This was a very complicated, yet unique case, involving the breach of a number of duties covered in the governing act of Corporations Act, 2001 (CA). Some of the duties breached in this case were related to the duty of care and diligence, duty to not use the information in an improper manner, and the duties of the director (Baxt, 2005). In the following parts, this case has been discussed using the IRAC format. Though, before that is carried on, a discussion has been made on the background of this case. In this particular case, an undocumented and unsecured payment to the amount of $10 million loan was made by HIHC (HIH Casualty and General Insurance Ltd) to PEE (Pacific Eagle Equity Pty Ltd). Adler controlled this company PEE ad this in turn, was the trustee of AEUT (Australian Equities Unit Trust). Alder was both the substantial shareholder of HIH and the non-executive director through the Adler Corporation Limited. PEE became AEUTs trustee after the loan was received by it. Afterwards, the $10 million loan to PEE by HIHC was applied for the subscription of HIHC, for $10 million worth of AEUT units (Justis, 2017). A purchase was made by PEE for the shares of HIH, which were listed on the stock market, to the value of $4 million. And these shares of HIH were then sold by PEE at a loss of $2 million. The shares of HIH were purchased by PEE to give an untrue impression to the entire stock market that the investors of HIH were gaining due to the good work being varied on in the company. A purchase was also made by PEE from Adler Corporation towards their unlisted shares worth $ 4 million, of the technology and communication companies. This entire purchase was a complete loss based investment (Australian Institute of Company Directors, 2017). Under the trust, a value of $ 2 million was given by AEUT to Adler. However, the board had no knowledge about these transactions and an approval of the shareholders was also not done. This was in addition to an absence of disclosure to the board, along with the same to the investment committee of HIH. There was also a lack of the proper documentation and security for the loan given. The rationale for the absence of these was to avoid an attention being drawn by the other directors of HIH (Cassidy, 2006). Whether there has been a breach of directors duties on part of Adler, and other directors and officers, or not? Section 9 of the Corporations Act, 2001 (Cth) defines who can be deemed as a director of the company. As per this definition, an individual who is appointed to work as a director or an alternative director, irrespective of the name given to their position, is a director of the company. Even though an individual may not be appointed as a director, they can still act as the director of the company. This is the case of de factor director, where the individual acts in the directors position; or the shadow director, on whose instructions, the board is accustomed to act. There has to be an existence of the duties of directors to hold the individual responsible and to safeguard the shareholders. The officers of the company are also defined through this section, and involve such executives, who hold the senior position in the company, at the board level. They have the power of affecting the business of the company, either wholly or partly. And hence, have the same duties as the directors of the company (Federal Register of Legislation, 2017). Section 180(1) of CA puts forward the duty on the directors, along with the other officers of the company to use their authority and discharge their obligations in a manner which shows diligence and care, which any prudent individual would undertake in similar situation and with similar position. The executive directors of the company are involved in the daily management of the company. Hence, they have special responsibilities in their position; along with that they have a knowledge pertaining to the companys operations. Alternatively, the non-executive directors indulge in part time work for the company and have regular, but not daily based involvement with the company (Australasian Legal Information Institute, 2017a). Section 180(2) of this act provides that the directors, along with the other officers of the company, when make a business judgment rule, cannot be held accountable for the judgment undertaken by them as per the equitable, statutory or common law duty of care and diligence, where the elements can be easily established. These elements relate to taking the decision for a proper purpose and in good faith, where there is an absence of material personal interest in the issue of judgment. Moreover, there is a need to be informed about the matter on which the decision is being taken and undertaking the reasonable steps to ensure that the decision is reasonable and that the decision is in the best interest of the company (WIPO, 2015). Through these provisions, the directors are given a protection from the personal liability in the matter where they have taken a business judgment in best interest of the company and in good faith. The rationale behind the same is that certain decisions may turn out to be loss making and other as profit making, even when both are made in a rational and honest manner (Gonski, 2015). Section 181 of this act puts a statutory obligation on the directors, along with the other officers of the company, to act in the best interest, good faith and for proper purpose, while using their authority and discharging their obligations (Armstrong Lawyers, 2007). For establishing what can be deemed as interest, good faith or the proper purpose, the approach of a reasonable individual in same situation is undertaken. For instance, when a conflict of interest occurs and the directors deals with the matter on behalf of the company also, and fails to disclose the material interest, a breach of this section would take place (ICNL, 2017). As per section 182 of CA, the employees and the officers are prohibited from using the position in the company, which is detrimental for the company or which results in an advantage being gained for them or for someone else. Section 183 contains the provisions regarding the proper use of information. as per this section, the officers and directors of the company are forbidden from making a misuse of the information of the company which is detrimental for the company or which results in an advantage being gained for them or for someone else (Plessis, Hargovan and Bagaric, 2010). Section 208 of CA provides that an approval of shareholders is needed when a financial benefit is discharged towards a related party. The only exception is when the same is done at arms length (IMF, 2012). In this particular case, Adler is the director of the company as per the definition given in section 9 of the act, even though he had not been appointed as being an officer or director of the company. The decision making on part of Adler can be seen from his role in the subsidiary, the holding as being the director and as being the investment committees member and his decisions impact the business of the company. He was constantly informed about the fundamental of the business, which made him the director of the company (Australasian Legal Information Institute, 2017b). William was the HIH and HIHCs managing director and there was a contravention of provisions of 180(1) on his part. This is because he failed to protect HIHC while the loan was being given to PEE. HIHs finance director Fodera breached this section as he did not discuss the proposal for giving the loan to the amount to $ 10 million to PEE, or to the investment committee and board of HIH. So, being the executive directors of the company, there was a breach on part of William and Fodera, as they both fell short in carrying their role in a proper manner (Australasian Legal Information Institute, 2017b). Regarding section 180(1), there had been a breach on part of Williams, Fodera and Adler as they failed to take the requisite care. Moreover, reliance could not be made by the three of them as per section 180(2) of this act. This is because for Adler, this rule could not be applied on him. The reasons for this being his conflict of interest position, due to the decision for investing $10 million in PEE from HIHC. For Williams, this rule could not defend him as there was a failure on his part, to make certain that the proper safeguards had been applied and there was no business judgment undertaken by him for satisfying section 180(3). Even if the same is considered as a business judgment, the presence of material personal interest renders it useless. He failed to act for a proper purpose or in good faith to satisfy the obligation of section 180(2) (a) (Armstrong Lawyers, 2007). Fodera also cannot use this defense as he failed to refer transaction undertaken between PEE and HIH to the b oard or investment committee of HIH (Australasian Legal Information Institute, 2017b). In this case, there was also a contravention section 181(1) as Adler did not discharge his obligations or use his authority in good faith of the company, or in the best interest of the same. This is evident from the transactions which took place in PEE, HIH and HIHC, where there was an improper use, for his personal interest (Australasian Legal Information Institute, 2017b). There was also a contravention of section 182 here on part of Adler. This stemmed from the arrangement made to HIHC to PEE regarding the $10 million loan, which was later on used for making an acquisition of the shares of HIH from the stock market. The sole purpose of undertaking this transaction was to support the increase of price in the shares of HIH and to later sell the same owned by Adler Corporation, before these could be sold off by PEE. This resulted in a total loss of investment on part of PEE regarding the share of HIH (Australasian Legal Information Institute, 2017b). Adler has made an improper use of his position by being HIHs and PEEs director, and the officer of HIHC for putting Adler Corporation in an advantageous position. There was also a breach on part of Williams for being director in HIHC and HIH as per section 182 for helping Adler in putting Adler Corporation in an advantageous position. The reason was that the loan payment was made in absence of the approval of investment committee of HIH, which was required on his part as per the investment guidelines of HIH (Australasian Legal Information Institute, 2017b). Adler wrongly used his position as being PEEs director for the acquisition of unlisted capital from Adler Corporation at a cost price where an independent valuation was not taken for these ventures. Due to the success of these transactions, both Adler Corporation and Adler were able to exclude themselves from the business operations which could be deemed as commercially unviable. Adler was aware about the cash flow problems which were being faced by these businesses and that each one of these had a major risk of collapsing ultimately. There was also a failure on part of Adler to disclose his personal interest to the board of Williams and Fodera. There was also a misuse of the information of the company, so section 183 was also breached (Australasian Legal Information Institute, 2017b). The transaction undertaken by Adler did not attain a shareholder approval as per section 208 of this act. Also, the same could not fulfill the exception of being at arms length. Hence, all three, i.e., Fodera, Adler and Williams breached this section of the act too (Segalla, 2017). Conclusion To summarize, the directors and other offices, in this case, failed to fulfill the provisions of the CA. And hence, deserve appropriate penalties, as levied by the court of law. References Armstrong Lawyers. (2007) Directors Duties. [Online] Armstrong Lawyers. Available from: https://www.vcta.asn.au/documents/item/400 [Accessed on: 30/04/17] Australasian Legal Information Institute. (2017a) Corporations Act 2001. [Online] Australasian Legal Information Institute. Available from: https://www.companydirectors.com.au/director-resource-centre/organisation-type/organisation-definitions [Accessed on: 30/04/17] Australasian Legal Information Institute. (2017b) ASIC v Adler and 4 Ors [2002] NSWSC 483 (30 May 2002). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2002/483.html?stem=0synonyms=0query=asic%20v%20adler [Accessed on: 30/04/17] Australian Institute of Company Directors. (2017) The AdlerWilliams cases on appeal Law Reporter. [Online] Australian Institute of Company Directors. Available from: https://www.companydirectors.com.au/director-resource-centre/publications/company-director-magazine/2000-to-2009-back-editions/2004/february/the-adlerwilliams-cases-on-appeal-law-reporter [Accessed on: 30/04/17] Baxt, R. (2007) Duties and Responsibilities of Directors and Officers. 19th ed. Sydney, NSW: The Australian Institute of Company Directors. Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Federal Register of Legislation. (2017) Corporations Act 2001. [Online] Federal Register of Legislation. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 30/04/17] Gonski, D. (2015) I Gave a Gonski: Selected Speeches. London: Penguin UK. Hooper, M. (2011) The Business Judgment Rule: ASIC v Rich and the reasonable-rational divide. [Online] Bond University. Available from: https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1021context=cgej [Accessed on: 30/04/17] ICNL. (2017) Corporations Act 2001. [Online] ICNL. Available from: https://www.icnl.org/research/library/files/Australia/Corps2001Vol4WD02.pdf [Accessed on: 30/04/17] IMF. (2012) Australia: Basel Core Principles for Effective Banking SupervisionDetailed Assessment of Observance. Washington DC: International Monetary Fund. Justis. (2017) ASIC v Adler 4 Ors 2002. [Online] Justis. Available from: https://app.justis.com/case/asic-v-adler-4-ors/overview/c5CJn0CdnXWca [Accessed on: 30/04/17] Paolini, A. (2014) Research Handbook on Directors Duties. Northampton, MA, USA: Edward Elgar. Plessis, J.J.D., Hargovan, A., and Bagaric, M. (2010) Principles of Contemporary Corporate Governance. 2nd ed. Cambridge: Cambridge University Press. Segalla, S. (2011) Checklist for directors' duties. [Online] Find Law. Available from: https://www.findlaw.com.au/articles/1303/checklist-for-directors-duties.aspx [Accessed on: 30/04/17] WIPO. (2015) Corporations Act 2001. [Online] WIPO. Available from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817 [Accessed on: 30/04/17]

Sunday, March 22, 2020

The Operations of Apple Inc in the United States of America and China

Apple Inc. is an American multinational corporation that designs, develops and markets consumer electronics, computer software and personal computers. It has a wide range of products both software and hardware; the hardware include, iPod, iPhone and the iPad while software includes; iTune, iLife suite of multimedia and creativity software and iWork suite of productivity software.Advertising We will write a custom essay sample on The Operations of Apple Inc in the United States of America and China specifically for you for only $16.05 $11/page Learn More Owing to its emphasis on the philosophy of comprehensive aesthetic design and its distinctive advertising campaigns, the company not only endeared itself to consumers globally but also confirmed its status as a major player in the consumer electronics industry. The fact that the Apple App store can be found in 96 countries globally underpins its scope (Chesbrough Henry, 2003). Apple’s mission stat ement sums what the company is all about. ‘Apple is committed to bringing the best personal computing experience to students, educators, creative professionals and consumers around the world through its innovative hardware, software and internet offerings. Apple Inc. deploy Apple brand to compete across various competitive markets. These markets include computer industry, the electronics industry and the advertising market. Apple’s product strategy has been instrumental in helping the company to launch and maintain a formidable campaign against its rivals. Apple’s product strategy entails developing innovative products and services that are in sync with a digital hub strategy. Apple Macintosh computer products serve as digital hub for the various Apple digital devices such as the iPod, digital video and still cameras, cellular phones, personal digital assistants and other digital devices. The most recent brand strategy by Apple lays a lot of emphasis on customer experience. It took Apple a long time to penetrate the China market. When iPhone was released in the year 2007, it did not get a positive reception. It was deemed to be unnecessarily overpriced. Apple did not also have an official Chinese distributor. Nevertheless, the product became popular with the affluent Chinese who had more disposable income. Apple eventually got an official distributor for its merchandise. China Unicom, the second largest mobile phone operator in China, obtained the rights to distribute the iPhone in China. A lot of factors are responsible for Apple’s success in China. Apple had an extremely strong series of products starting with the iPod in 2001 to the iPhone in 2007. The level of product differentiation by Apple was unprecedented. It was superior to the ones that existed in the market at the time. Their superb design appealed to a wider audience (Chandler Alfred, 2001).Advertising Looking for essay on business economics? Let's see if we can h elp you! Get your first paper with 15% OFF Learn More Apple Inc. in America added to its distribution channels to shore up sales. They opted for distribution channels with high sales volumes such as ATT, Best Buy, and Wal- Mart. These allowed Apple to reach to a wider audience. Apple has also opened retail stores in various major cities around the world in high-end shopping malls in an effort to shore up its sales volumes. In China, Apple teamed up with China Unicom to distribute Apple’s products and services. The formation of strategic alliances is applied in other countries as well. Apple opened its first store in Beijing in the year 2008. It has plans to open twenty five more stores around China in future. The Apple brand is referred to as a premium brand because its competitiveness is not centered on the price of its products and services. Apple does not have to slash the prices of its products and services for it to be competitive. This is because the reduction in prices will not only lead to reduced profits but will also erode the value of the company’s shares (Carlton Jim, 1997). The reduction of prices is unhealthy for premium brands such as Apple because of price elasticity. Price elasticity is the change in demand for a product in response to the change in price of that product. Premium brands have low price elasticity; change in price of premium products or will not significantly alter the demand for those particular products. Therefore, reducing the prices of premium products is of little consequence if any to its demand. Apple’s price strategy is anchored on the human psychology. Human beings are interesting in that if a product is out of their reach with regard to its price, they will attach more value to it. Affluent consumers will ‘break their banks’ so to speak just to acquire what they intensely desire. This informs Apples price strategy (Grindley Peter, 1995). In the States, Apple’s origina l iPhone recorded obscene sales despite it costing more than its closest competitor. In China, instead of manufacturing affordable products for the Chinese market, Apple opted to wait until the disposable incomes of their target market increased to a level which they could afford to purchase Apple’s core products. A global business environment refers to factors within any business environment that should be considered as they will have a bearing on the performance of a business in that environment. They include, the economic outlook of the region in which the business will operate in, political and social developments, availability of skilled labor, consumer buying behavior, physical infrastructure and the competitive strength of potential rivals.Advertising We will write a custom essay sample on The Operations of Apple Inc in the United States of America and China specifically for you for only $16.05 $11/page Learn More In our countries of choic e, United States and China, the global business environments differ. The United States is a nation that subscribes to capitalism while China subscribes to social communism. The United States has for a long time now has had the largest economy globally. It is only recently that China’s economy has grown exponentially to be the second largest economy in the world. The United States boasts of population with more disposable income which they freely to spend. The governance structures of the two countries are diametrically opposite; hence their respective formal institutions impose statutory rules, regulations and laws which differ (Philip Tushman, 1990). The competitive environment for Apple in the United States favors Apple’s. Nokia found the going hard when Apple’s iPhone superseded Nokia’s Smartphone in sales. Nokia consequently lay off 7000 employees to cut costs. Apple officially became the largest mobile phone company in terms of revenue leaving Nokia with the unenviable title of the largest handset maker in terms of volume. In China the case was no different. Many tabs had flooded the market with better features than those of iPad 2. None challenged Apple’s supremacy. The sleek design together with the app support in the Apple store put the iPad in a class of its own. It is all the rage among affluent consumers in China. Other tablet makers in China are looking to launch tablets that will challenge iPad 2’s dominance. Apple does not target markets. Therein lays the gem that turned the fortunes of this company around for the better. Apple realized that it was the individuals who worked for the companies that Apple was trying to target rather than the company itself who ultimately rejected or accepted a product. Apple targets the end user and allows them to decide where and how they are going to use Apple’s products. Apple focuses on the end user, develops superb products for them, and let’s them decid e on the best way to put the technology to use. Apple uses all forms of media to communicate to its prospective consumers. In the year 2007, Apple’s advertising budget was approximately $467 million to specifically market the iPhone. Apple used all modes of advertising to bring purchasers to its point of sale. These include television, radio, print and digital media. Culture has impacted the operations of Apple in the United States and China. Since the United States has a free and vibrant society, it follows that the consumers will spend freely leading to increase in revenue as a result of increased sales. Apple is free to do whatever it wants to so long as its activities are legal. In America, Apple’s options are endless as it can engage in whatever activity it wishes to (Grant Robert, 1991).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In China, liberal spending is abhorred. This leads low sales Apple’s part considering its products are expensive. Every activity that goes on within the borders of China is monitored by the State. This can be costly to Apple since it has to always confer with the authorities if it wants to engage in any activity hence curtailing its flexibility. Lastly, the only undoing of Apple is the fact that all the power lies with one person, the CEO Steve Jobs. This is risky to the interest of the company. Other managers ought to have jobs delegated to them so that they can learn the ropes of management gradually. If they make any mistakes they are corrected immediately hence if Steve Jobs leaves, the company will be able to run without any hitches. References Carlton, K., Jim, A. (1997). Apple: The Inside Story of Intrigue, Egomania, and Business Blunder. New York: Times Business. Chandler, F., Alfred, D. (2001). Inventing the Electronic Century. The Epic Story of the Consumer Electr onics and Computer Industries. New York, NY: Free Press. Chesbrough, P., Henry, J. (2003). Open Innovation. Boston, MA: Harvard University Press. Grant, L., Robert M. (1991). The Resource-Based Theory of Competitive Advantage: Implications for Strategy Formulation. California Management Review, 33, (3), 4-22. Grindley, A., Peter, M. (1995). Standards, Strategy, and Policy: Cases and Stories. Oxford: Oxford University Press. Philip, R., Tushman, M. (1990). Technological Discontinuities and Dominant Designs: A Cyclical Model of Technological Change. Administrative Science Quarterly, 35, (4), 604-633. This essay on The Operations of Apple Inc in the United States of America and China was written and submitted by user Haylee Y. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Thursday, March 5, 2020

Satis house and entrance Essays

Satis house and entrance Essays Satis house and entrance Paper Satis house and entrance Paper Dickens uses repetition often so it makes the readers think there is a sense of danger and threat. It also causes a bit of humour because the convict keeps saying he will rip out Pips heart and liver.  In the churchyard Pip meets a man called Magwitch who is a convict and Pip knows he is a convict and the readers also do because Dickens says  A fearful man, all in coarse grey, with a great iron on his leg. A man with no hat and with broken shoes, and with an old rag tied around his head. A man who ha been soaked in water, and smothered in mud, and lamed by stones, and cut by flints, and stung by nettles, and torn by briars; who limped, and shivered, and glared and growled: and whose teeth chattered in his head as he seized me by the chin. In Dickens day if you didnt wear a hat you were considered not to be a gentlemen and were worthless so this make Pip sense threat.  Dickens uses verbs such as soaked, smothered, lamed and stung. This is to keep the readers visualising what the convict has been through to escape. This also ties in with earlier when the convict says  I wish I was a frog or a eel!  Magwitch says this because he is soaking wet and muddy he has escaped from prison and he wishes he were an eel because hes on the marshes and being an eel would suit him and the environment.  In chapter eight Dickens writes about Miss Havishams house in a dark and creepy manor and this sets the atmosphere for her house. It was paved and clean, but grass was growing in every crevice. And all was empty and disused. The cold wind seemed to blow colder than outside the gate; and it made a shrill noise in howling in and out at the open sides of the brewery, like the noise of the wind in the rigging of a ship at sea.  The world shrill noise gives the readers a unpleasant imagination of what kind of dark noise it. This makes the house sound supernatural and like it is in a world of its own. The house makes Pip feel insecure and it makes him feel like he doesnt know himself. Also the words ship at sea implies that Pip is on a new voyage because he is meeting different people and going on new journeys. In chapter eight Dickens portrays Satis house and explains how the entrance has got two chains across it, which acts as a prison. This shows that Miss Havisham has become a prisoner and has imprisoned herself in her own house.   The great front entrance had two chains across it outside- and the first thing I noticed was that the passages were all dark. This also ties in with chapter one because Miss Havisham has imprisoned herself and Magwitch has escaped from prison. The word dark reveals that Miss Havisham lives in complete darkness because she has imprisoned herself from light because she has closed all the shutters and windows so the light doesnt peer through. Dickens later on writes bout Miss Havishams brewery yard in a very negative way and he implies death is all around and this ties in with chapter one and this is why the brewery yard is deserted.   To be sure it was a deserted place.  Also the word no is repeated often because this reveals that everything in the brewery yard is dead including animal and this is why its deserted.  Later in Great Expectations Dickens writes about how the beer in the empty caskets had turned sour which is a metaphor and this implies with Miss Havisham because she has also turned sour. He also writes about the garden, which he describes as a rank garden and he also writes about how the house is overgrown with tangled weeds. This ties in with chapter one when Pip goes to the churchyard to his parents grave to visualise them and his brothers the grave stones are overgrown with tangled weeds. Which had a certain sour remembrance of better days lingering about them;  Behind the farthest end of the brewery was a rank garden.  When Pip first enters Miss Havishams house he walks into a dark room which waiting for him is Miss Havisham. When he walks in he sees a ladys a dressing table and back in Dickens days if you had dressing table you were considered to be rich.  And that I made out at first to be a fine ladys dressing table.  When Pip goes into Satis house and meets Miss Havisham he realises that she has a ladys dressing table and that Miss Havisham herself was wearing rich materials like satin, lace and silks. The word white is repeated a varied of times and this makes it incongruous. He also notices that she is not wearing her watch and neither her train and she only has one shoe on this gives the reader the impression Miss Havisham is half arranged. She was dressed in rich materials- satins and lace, and silks- all of white. For she had but one shoe on- the other had was on the table near her hand- her veil was but half arranged, her watch and chain were not put on.  Dickens uses imagery of death and decay by describing Miss Havisham dress as faded and yellow. This implies that she has also faded and lost her essence and immortality. She has also withered, and has sunken eyes this implies she has lost the passion from her eyes and now her eyes seem to reveal a dark past. She also looked liked a ghastly waxwork, which tells us she seems alive but she is no longer living inside.  Furthermore Dickens writes about how Miss Havisham is half dressed and still trapped in the past with all of her bad memories she cant escape. Miss Havisham is stuck in a time where she doesnt wasnt to forget that she was gilted. Miss Havisham has stopped all the clocks because she doesnt want to forget. Watch had stopped a twenty minutes to nine, and that a clock in the room had stopped at twenty minutes to nine.  Miss Havisham has stopped all the clocks because she doesnt want to forget that awful day. She wants people to know that she was gilted and its like she wants to drag everyone down with her so they can also feel her pain and misery. Miss Havisham because of this sort of inhales all of her pain and misery and thrives off it to sort of survive.   She uttered the word with an eager look, and with strong emphasises, and with a weird smile that had a kind of boast in it. Dickens creates death imagery again by creating Miss Havisham as a dead corpse and describes everything as decayed and which have no expression to them anymore. A shroud covers a dead body so this ties in with the death imagery.  Dickens writes about how Miss Havisham looks like she is wearing grave-clothes or the long veil so like a shroud. So she sat, corpse-like.  Dickens writes about Miss Havisham in a very low and intimidating way. He writes about now the emotional blow from when she was gilted is like physical violence because of he appearance. Her chest had drooped, so that she stooped; and her voice had dropped, so that she spoke low, and with a dead lull upon her; altogether she had the appearance of having drooped, body and soul, within and without, under the weight of a crushing blow.  The first time Pip meets Estelle he gets very intimidated by her and she is very sarcastic towards Pip and this makes Pip feel small. She always calls Pip boy and this intimidates him even more even though theyre about the same age.   But dont loiter boy. She seemed much older than I, of course being a girl and beautiful and self-possessed; and she was a scornful of me as if she had been one-and-twenty, and a queen. Later on again Estelle makes Pip feel really small and she intimidates him so much about his hands. This makes Pip feel insecure about his body and also this hurts him inside because he doesnt know who he is anymore.   I had never though of being ashamed of my own hands before; but I began to consider them a very indifferent pair. Her contempt was so strong, that it became infectious, and I caught it.  The same as Estelle keeps on making Pip feel insecure and makes hi not sure of who he really is. Estelle treats Pip like dog and this is very humiliating for Pip.   As if I was a dog in disgrace. I was humiliated, hurt spurned, offended, angry and sorry.  After Estelle had intimidated Pip about his hands she humiliates Pip about his background and about how he plays cards and what he calls them. Hes always been like a friend to Joe but because now Pip has been taught wrong what the cards are called he feels ashamed and embarrassed and blames Joe for it. They had never troubled me before, but they troubled me now, as vulgar appendages. I determined to ask Joe why he had never taught me to call those picture- cards, Jacks, which ought to be called Knaves.  After this Pip is feeling even smaller and very scared. He is scared of Estelle because of the way he was brought up by his sister in a very strict and punishable way. This has made Pip feel sensitive and very vulnerable when around Estelle.   My sisters bringing up had made me sensitive. In the little world in which children have their existence, whoever brings them up, there is nothing so finely perceived and so finely felt, as injustice. In a great part refer the fact that I was morally timid and sensitive.  Dickens creates imaginative and passionate images of people and places by the novel being serialised. Dickens teases us by not telling us more of the story and leaving it exciting and imaginative moments. The favourite image in my mind Dickens has created for me when Pip was stood outside Satis house and entrance and it had chains across it which made it look like a prison you were trapped in. It creates and very strong and dark image in my mind and it was like I was there visualising the entrance of Satis house

Tuesday, February 18, 2020

Operations Management Definition Essay Example | Topics and Well Written Essays - 2000 words

Operations Management Definition - Essay Example According to Westland (n.d., pp. 1), project is defined as to perform certain activities for the completion or execution of work which is planned to get delivered within a specific time. Projects have specific characteristics. For example, they are unique i.e. every project is different from the other. Another example is that there is certain amount of money in which they have to be completed in a specific time. Operations:According to Shim and Siegel (1999, pp.2), operations can be defined as the labor undertaken for making goods and services available. They have to be completed in time set by the customer and the manufacturer.Project and Operations ManagementAccording to Shim and Siegel (1999, pp.2), project and operations management is the management of all the processes or in other words, activities which are associated to the manufacturing of goods and services. According to Westland (n.d., pp.1), the project can be completed with the help of certain apparatus and dexterity. Wit h the help of talented people and good management project can be completed with success. With the help of dexterity, cleverness and skill the risks associated with in a project can be reduced. Experienced people are hired in management for this purpose. The tools or apparatus used to complete a project related to building a house may include pens, gauges, nails, wood, budgeting, CAD software and checklists etc. Methods or processes used for completing a project are divided in different and small tasks.