Analysis of the Issues with the Merger or Acquisition of the Two Companies Free Essay Example, 2000 words

The production capacity of the merged company followed by a workforce reduction, decrease in the excess capacities and gaining market share through the competitive advantages as well as a reduction in cost by sharing administrative structure with the help of horizontal mergers (Bischoff, Sallstom Danylow, 2011). Vertical mergers occur in the companies which are operating at different stage leading to the combination of the production and value chains. There can be upstream mergers as well as downstream mergers in the vertical merger activity. Downstream mergers are more common than upstream mergers because companies need to be in a strong bargaining position. There is another factor if the suppliers are specialized in certain products or services where there is a requirement of superior expertise gaining dominance in the negotiation process. The main intention of vertical mergers is to reduce costs with the interlinked processes where more than one party is involved to gain better control over the market happenings. It also helps to cut back on transaction costs to have immediate access to resources avoiding uncertainty and minimizing contractile costs (Bischoff, Sallstom Danylow, 2011; Pikula, 1999). We will write a custom essay sample on Analysis of the Issues with the Merger or Acquisition of the Two Companies or any topic specifically for you Only $17.96 $11.86/page There are many reasons for the acquisition, some of them being financial reasons as the purchaser company expects the value of the asset will do better than the price paid for the acquisition. When a company acquires other company through stock purchase then the acquired company can continue to exist as a legal subsidiary of the acquirer.

Counseling Ethical Issues Essay - 1780 Words

Ethical issues in a counseling practice lay the foundation of a therapist in practice. Ethics are at the center of how the counseling process functions and operates in a successful manner for the clients who seek help in such a setting. In order for the counseling profession to be ethical and hold professional recognition, there are many facets that need to be examined and outlined to make sure all counselors and practitioners are functioning at the highest level and withholding their duties required by the counseling profession. The first introduction so to speak of the area of ethics also happens to be one of the first steps in counseling, which is the informed consent. The informed consent provides the basis of what happens or will be†¦show more content†¦Why is this important in counseling? The informed consent process involves establishing the basic framework between a therapist and their client that serves as an ethical and legal requirement as well as the formation of a basic working partnership between a therapist and their client. The informed consent is essentially an informational exchange between a therapist and a client that outlines the process of therapy. It also allows the client to be informed of their rights in order to make conscientious and thoughtful decisions related to their therapy. An interesting fact about informed consent is that is it can be provided in written and oral form, or a combination of the two (Corey, 2013). If done orally, the counselor must document what was addressed in the informed consent. The information that must be presented to clients, first and foremost, are their rights and responsibilities as a client working with a particular therapist. Beyond this, an informed consent should outline the goals of the counseling relationship, the responsibilities of the client as well as the therapist, expectations of the client, limitations of the counseling relationships, fees involved, approximately how long the therapy process will take, and background information regarding the therapist, particularly their past experience and educational qualifications (Corey, 2013). Corey also mentions the informed consent process is an ongoing educational experience that lasts theShow MoreRelatedEthical Issues in Counseling606 Words   |  2 PagesEthical Issues in Counseling There are many ethical issues that can arise during counseling. One issue that is fairly common is sexual attraction from patient to counselor, counselor to patient, or even in both directions. Even though an attraction may exist, this does not necessarily mean that these instincts will be followed in any inappropriate way. In fact attraction is a natural part of life and is impossible to avoid. However, any fulfillment of these desires is an unethical act that couldRead MoreThe Ethical Issues Within Counseling891 Words   |  4 PagesThe ethical issues presented in this scenario is the following: Jay has disclosed to the counselor that he is contemplating suicide the same evening and the counselor is aware that he has attempted suicide in the past and has the means to carry out his threat (Argosy University Online. 2015). Because confidentiality is such a critical issue within counseling, exceptions to confidentiality must also be heavily considered. What if not breaking confidentiality leads to harm? Section B.1.c. outlinesRead MoreEthical Issues Of Group Counseling2335 Words   |  10 PagesEthical Issues in Group Counseling Introduction Group counseling offers multiple relationships to assist an individual in growth and problem solving. 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Ethics are important because it helps the Counselor think in reference of how well can he or she performRead MoreEthical Issues Of A Group Counseling Session2301 Words   |  10 PagesThis research paper will explore the various ethical issues that arise during a group counseling session. There are certain ethical standards that a counselor should uphold in group counseling session, from the initial stages of forming a group, to the working stage of a counseling group, a group leader should uphold definitive ethical moral codes. This paper will also enlighten the various ways that a group counselor should act in the midst of conflict as well as confidentiality within the groupRead MoreEthical Issues in Group Counseling E ssay2126 Words   |  9 PagesEthical Issues in Group Counseling COUN 612: Mental Health Ethics, Law and Practice April 28, 2011 Introduction Group counseling offers multiple relationships to assist an individual in growth and problem solving. 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The counselors have a special task to shield from harm those who are reluctantly under its care and control; therefore, modern standards for healthRead MoreLegal Ethical Issues with Advertising and Online Counseling1385 Words   |  6 Pagesthe field of counseling, phones, fax machines, copiers, and computers are all used to run everyday operations and transfer information. Despite how great technology can be, ethical issues can arise because of it. For example, talking on the phone with a client in a crisis situation can create a condition in which confidentiality can be breeched. (McMinn, 1999). One new way in which technology has been used to extend the services of the counseling field is through online counseling. According to

Desirable Future Technology Risk Management â€Myassignmenthelp.Com

Question: Discuss About The Desirable Future Technology Risk Management? Answer: Introduction There are numerous business set ups and units that have been established all across the world that carry out the business operations and activities as per their respective industry type. Some of these sectors are mandatory for every country and some may have a lesser significance as compared to the rest. One of the most significant, mandatory and crucial sectors is the finance sector upon which a major share of the economy is based upon. Aztek is the finance firm from Australia that has a good hold in the market and a decent customer base associated with it. As the business units expand, there comes an increased responsibility and accountability on the organizations to perform better and serve its customers in a better manner. With the business expansion, there are a few infrastructural, operational and technical issues that are being witnessed. It has become required to overcome these issues so that the business continuity and service quality is maintained. The suggestions have been given by the team of directors and leadership in this area including the concept of BYOD, deployment of cloud hosting services and outsourcing of IT functions. On the basis of the suggestions provided and the organizational issues, the project that has been selected is the use of BYOD scheme. Project Details Overview BYOD stands for Bring Your Own Devices and it is a scheme that allows the involvement of the devices owned by the office employees in the business units. One of the growing trends in the present times is that of IT consumerization. There are various mechanisms that are present which can be included to promote the same and BYOD is an initiative associated with IT consumerization. The use of technical gadgets is on a rise in the current times and there are individuals that own many such gadgets and devices. Some of the examples of these devices include mobile phones, desktops, laptops, modems, connecting wires, tablets etc. Most of these devices are portable in nature and be carried from one place to the other. BYOD allows the employees to bring such devices to office and use them to execute business activities, services, tasks and operations. The BYOD project will offer many benefits to the organization, its customers and its stakeholders as well. There will also be certain challenges and drawbacks that may come up. Project Review from Finance Service Sector The business functions and activities in the organizations are guarded and managed by certain guidelines and policies. In the finance sector also there are bodies and agencies that have been set up by the Government to control and monitor the associated operations. One such government body in Australia is termed as Australian Securities and Investments Commission (ASIC). This body regulates the corporate activities of the corporate organizations and firms. The set of rules, policies and laws that are stated by ASIC must be adhered and all the Australian financial firms shall comply with the same. In every business sector, the necessity to maintain and follow the ethical and professional guidelines is mandatory. Australia has specified all these guidelines for the business organizations under Australian Code of Conduct (ASC). The set of tasks that come under BYOD must also conform to the ASC codes. Aztek has the business domain as finance and the frequency of financial transactions and payments in the company is more in number as compared to the other organizations. All the electronic payments and the financial transactions that take place must comply with e-payments code that comes under the ASIC policies and framework. Security and privacy of information is necessary to be maintained and the same shall be made possible by adhering to the Intellectual Property and Privacy laws defined by the government and legal bodies of Australia. BYOD Description: Financial Aspects The objectives that have been defined by Aztek have customer satisfaction and engagement as the focal point. Some of the points under the business objectives are: The customers must be provided with the financial solutions that are reliable, accurate, quick and usable. The percentage of employee satisfaction and engagement with Aztek must not drop down and shall always be maintained. The percentage of customer satisfaction and engagement with Aztek must not drop down and shall always be maintained. The customers must be provided with the release and end products as per the promised delivery dates. All the projects that are taken up by Aztek also have the project goals which shall be in accordance with the goals of the firm to achieve strategic alignment. There are certain tools and applications that are complex in nature and it provides an advantage to the organization if such tools are tested and used by the resources prior to the actual usage. This leads to the deeper understanding and operational ease with the tool and also makes the resource comfortable with its usage leading to avoidance of errors and lesser execution time. The company tools will run on employee devices which will provide them with the ability to experience the functioning of the tools leading to better service execution and solution design. The complexity of operations and their execution will reduce leading to better productivity, efficiency and satisfaction for employees which will in turn improve customer satisfaction as well. The organizational activities and infrastructure will improve as there will be better communication and sharing along with better integration. In terms of the company budget and finances, the BYOD project will offer several advantages to Aztek. Currently, the devices that are used in the organization for the execution of business activities are procured by the organization from its share of expenses. This includes a huge investment for an organization that is under expansion. BYOD scheme will eliminate these costs which may be used in other activities. The employees will be able to explore the tools and application from off-the-office locations which will provide them with better operational ease leading to avoidance of operational costs due to errors, mistakes and reworks (Gessner, 2016). Testing is an activity that is a part of every project and the tools required for test execution and test creation may be different for every project. For instance, a project involving a mobile based financial solution may require different devices like Android based mobile device, iOS based mobile device, Windows based mobile device etc. with different screen sizes and resolutions. This will involve additional costs and the devices may not be required once the project is completed. These additional and unnecessary costs will be avoided after the use of BYOD scheme (Retailwire, 2016). Aztek IT Security Policies Procedures BYOD will offer many benefits and advantages to Aztek in terms of the ability to achieve the organization goals with ease, enhanced engagement of the customers and employees of the organization and many others. One of the major benefits as discussed under the financial aspect of the project above would be the elimination of unnecessary costs and expenses. These benefits will be abundant in number but there will also be many issues that will be related with BYOD in the areas of implementation, integration and usage. Security will be the main issue in this area and there will be numerous risks to the information and network security that might be witnessed. There are many threat and risk agents that will be the carriers of these security issues and these carriers will be required to be checked in all the measures that are implemented from the security point of view. Aztek has always been an organization that has made sure that the state of security in the organization and in association with the applications and services related with the organization are always maintained. BYOD scheme that has been selected for implementation is Aztek has its own set of security issues. The security policies of Aztek do not include the countermeasures that can be executed for the prevention and control of the BYOD related attacks and would be necessary to be updated. It would be required to first analyze the associated security risks and plan out the control, avoidance and prevention measures that shall be applied. The various forms of the risks and security attacks in association with the BYOD scheme can be categorized in three broad categories and areas viz. information security risks, risks to the device security and network security risks. The devices that the employees currently own were brought by them for the personal use. The security aspect of the personal activities and the professional activities are different from one another. There might be basic security precautions that the employee may have taken for the device protection which would not be sufficient for use in Aztek. Therefore, the IT Security team at Aztek must review the device from the security aspect and must also install the necessary security updates and tags for making the device fit to be used in the organization (Coleman, 2011). The security risks associated with the category of information and network security attacks must be controlled and avoided by using the technological tools and administrative checks. The disa ster recovery mechanisms must also be stated carefully. BYOD scheme is a new scheme that will be used in Aztek and the employees will also not be aware of the threats that they might bring along with the use of unsecure networks and applications. The device of the employees, such as the Smartphone will be used for many personal activities along with the professional tasks. There may be certain applications that may not be secure and may cause a negative implication on other applications or the security of the device. There may be malware attacks or eavesdropping activities that may take place. Also, the use of devices on the public Wi-Fi connections may also bring in many unknown risks to the employees Smartphone (Newton, 2015). The employees will be required to be provided with the information on the secure use of the device so that the applications and information related with Aztek is not impacted in a negative manner (Trendmicro, 2016). BYOD Scheme: Risk Assessment There are many risks that may take place in the organization and its associated applications. These risks may belong to different categories and one such category is the security risks (Crane, 2013). A security risk is defined as an occurrence which may lead to the compromise of the security of any of the component associated with the organization which may have serious implication. Process for Risk Management For the management of the risks that will emerge with the implementation of the BYOD scheme in Aztek, there is a process that has been defined to control, avoid, prevent and detect the risks. The process is termed as risk management and it is also one of the knowledge areas that come under the domain of project management. This process will provide the management and leadership with the guidelines and mechanisms on adequate management of the risks. Risk Management Process Risk identification shall be the first stage in the process of risk management and in this stage the security team, management and the IT team of the organization must create a list of sources from which they may attain maximum information on the probable risk areas (Capterra, 2016). A list of these risk areas along with the specific risk events shall be prepared in this stage (Berg, 2016). The risk areas and events that are identified shall then be assessed and their probability and implication on the organization and its components shall be calculated. The prioritization in terms of the treatment of the risk must also be calculated on the basis of the risk factors (Castsoftware, 2016). One the priority, impact and likelihood of the risk is assessed, the response and treatment strategy for the risks shall be calculated. These strategies shall be based upon the nature of the risk and the damage that it may cause. For instance, it would be best to avoid some of the risks while for the other risks the best possible treatment would be to accept or transfer the risk (Microsoft, 2016). The next set of phases shall focus upon the management and senior authorities to marketing that the risk is monitored and controlled by applying the treatment strategies and is also closed after completion (Vila, 2012). Risk Register The risk register that has been prepared for the BYOD project at Aztek includes the risks that have been identified and also suggests the best treatment and response strategy that can be applied for the control of the risk. The category of the risk along with their probability and impact has also been included in the register after the assessment of the risks on different parameters. Risk Name Risk Category Probability Risk Impact Risk Response Treatment Strategy Information Breaches Information Security Risk Moderate High The treatment strategy that shall be followed in this case shall be risk avoidance by using automated technical tools and administrative checks for information protection Information Leakage Information Security Risk Moderate High The treatment strategy that shall be followed in this case shall be risk avoidance by using automated technical tools and administrative checks for information protection (Informationweek, 2016) Loss of the Device Device Security Risk Low High Risk avoidance shall be used as the treatment strategy for this risk which shall be implemented by using device tracking tools, device safety tools and technical controls Message Media Alteration Information/Network Security Risk Moderate High The treatment strategy that shall be followed in this case shall be risk mitigation by enhancing the information integrity by using network safety tools (Grimes, 2016) SQL Injection Information Security Risk Moderate Moderate The treatment strategy that shall be followed in this case shall be risk avoidance by using automated technical tools and administrative checks for information protection (Usask, 2017) Flooding Attacks Information/Network Security Risk Moderate Moderate -High The treatment strategy that shall be followed in this case shall be risk avoidance by using automated technical anti-denial and intrusion detection tools for information and network protection (Stoneburner, 2002) Exploitation of Security Vulnerabilities Information/Network/Device Security Risk Moderate Moderate The treatment strategy that shall be followed in this case shall be risk avoidance by analyzing the security weaknesses and using the parameters and mechanisms for elimination of the same Malware Attacks and Injections Information/Network Security Risk Moderate Moderate-High The treatment strategy that shall be followed in this case shall be risk avoidance by using anti-malware tools and applications Spoofing Attacks Network Security Risk Low Moderate The treatment strategy that shall be followed in this case shall be risk mitigation by enhancing network management and control and creating alerts for the users in such an occurrence Man in the middle Attacks Network Security Risk Moderate Moderate The treatment strategy that shall be followed in this case shall be risk mitigation by enhancing network management and control and creating alerts for the users in such an occurrence Insider threats and attacks may also take place in Aztek in which the threat agents will be the employees. BYOD scheme is a new scheme that will be used in Aztek and the employees will also not be aware of the threats that they might bring along with the use of unsecure networks and applications. The device of the employees, such as the Smartphone will be used for many personal activities along with the professional tasks. There may be certain applications that may not be secure and may cause a negative implication on other applications or the security of the device. There may be malware attacks or eavesdropping activities that may take place. Also, the use of devices on the public Wi-Fi connections may also bring in many unknown risks to the employees Smartphone (Qld, 2016). There are two forms of insider threats viz. deliberate and accidental. The scenario just discussed is an example of the accidental threat as the employee was not aware of the risk and its impact. However, there may be selfish motives that may be involved and the employee may purposely transfer the information to the unauthorized entites (Markovic-Petrovic Stojanovic, 2014). Data Security for the BYOD Scheme An organization has many assets that it requires to manage. Some of these assets come under the category of critical assets and some are classified as non-critical assets. The security requirements of critical assets are more than the non-critical assets. Data and information are the organizational assets that are included in the critical assets classification and the security requirement of these assets is therefore very high (Scu, 2016). Aztek is carrying out its business since a long time and there are many projects that it handles. Due to the involvement of different clients and employees along with the execution of many projects simultaneously, there are huge data sets that the organization is required to manage securely. The data sets include the information from different categories, such as, confidential, public, sensitive, private etc (Test-institute, 2016). There are many risks to these data sets in terms of security and the primary reason of these risks is the involvement of different components and sources (Chapman, 2000). The security parameters and mechanisms that are applied for the private information and data set is different form a public data set or confidential data set. This may lead to the presence of security weaknesses and vulnerabilities. There are various operations that can be performed on the data and information sets. These operations may include the read only ability, modification or deletion of the data etc. The users that are allowed to execute these operations must be selected and provided with the privileges on the basis of the user type and the information category. All the modification, deletion and any of the updates on the data shall be allowed to be performed by the data administrator or the security manager only. This will avoid the attacks associated with integrity and availability of the data. The sensitive and confidential data sets shall be allowed to be accessed only by the CEO, Board of directors along with Security Manager and Database Administrator. The private data sets shall be accessible to be read by the stakeholders of the data and the data analysts. The public data sets must be allowed to be read by the stakeholders, data analysts, data scientists and data owners. Conclusion Aztek has decided to implement BYOD scheme in its infrastructure which would lead to various benefits and will also come up with certain issues. The use of technical gadgets is on a rise in the current times and there are individuals that own many such gadgets and devices. Some of the examples of these devices include mobile phones, desktops, laptops, modems, connecting wires, tablets etc. Most of these devices are portable in nature and be carried from one place to the other. BYOD allows the employees to bring such devices to office and use them to execute business activities, services, tasks and operations. BYOD will offer many benefits and advantages to Aztek in terms of the ability to achieve the organization goals with ease, enhanced engagement of the customers and employees of the organization and many others. One of the major benefits as discussed under the financial aspect of the project above would be the elimination of unnecessary costs and expenses. There will also be many issues that will be related with BYOD in the areas of implementation, integration and usage. Security will be the main issue in this area and there will be numerous risks to the information and network security that might be witnessed. There are many threat and risk agents that will be the carriers of these security issues and these carriers will be required to be checked in all the measures that are implemented from the security point of view. The various forms of the risks and security attacks in association with the BYOD scheme can be categorized in three broad categories and areas viz. information security risks, risks to the device security and network security risks. Insider threats and attacks may also take place in Aztek in which the threat agents will be the employees. For the management of the risks that will emerge with the implementation of the BYOD scheme in Aztek, there is a process that has been defined to control, avoid, prevent and detect the risks. The process is termed as risk management and it is also one of the knowledge areas that come under the domain of project management. This process will provide the management and leadership with the guidelines and mechanisms on adequate management of the risks. References Berg, H. (2016). Risk Management. Retrieved 25 September 2017, from https://ww.gnedenko-forum.org/Journal/2010/022010/RTA_2_2010-09.pdf Berg, H. (2010). Risk Management: Procedures, Methods and Experiences. Retrieved 25 September 2017, from https://ww.gnedenko-forum.org/Journal/2010/022010/RTA_2_2010-09.pdf Capterra,. (2016). Best Risk Management Software | 2016 Reviews of the Most Popular Systems. Capterra.com. civil-engineering 25 September 2017, from https://www.capterra.com/risk-management-software/ Castsoftware,. (2016). What is Software Risk How To Prevent Software Risk | CAST Software. Castsoftware.com. Retrieved 25 September 2017, from https://www.castsoftware.com/research-labs/software-risk Chapman, C. (2000). A desirable future for technology risk management. International Journal Of Risk Assessment And Management, 1(1/2), 69. https://dx.doi.org/10.1504/ijram.2000.001488 Cioupdate,. (2016). Effective Measures to Deal with Cloud Security -- CIO Update. Cioupdate.com. Retrieved 25 September 2017, from https://www.cioupdate.com/technology-trends/effective-measures-to-deal-with-cloud-security.html Coleman, T. (2011). A Practical Guide to Risk Management. Cfapubs.org. Retrieved 25 September 2017, from https://www.cfapubs.org/doi/pdf/10.2470/rf.v2011.n3.1 Crane, L. (2013). Introduction to Risk Management. Retrieved 25 September 2017, from https://extensionrme.org/pubs/IntroductionToRiskManagement.pdf Development, C. (2013). What are the 5 Risk Management Process Steps?. Continuing Professional Development. Retrieved 25 September 2017, from https://continuingprofessionaldevelopment.org/risk-management-steps-in-risk-management-process/ Dey, P. (2008). Risk management in information technology projects. International Journal Of Risk Assessment And Management, 9(3), 311. https://dx.doi.org/10.1504/ijram.2008.019747 Gessner, D. (2016). Towards a User-Friendly Security-Enhancing BYOD Solution. Retrieved 25 September 2017, from https://in.nec.com/en_IN/images/120324.pdf Grimes, R. (2016). The 5 cloud risks you have to stop ignoring. InfoWorld. Retrieved 25 September 2017, from https://www.infoworld.com/article/2614369/security/the-5-cloud-risks-you-have-to-stop-ignoring.html InformationWeek,. (2016). 9 Worst Cloud Security Threats - InformationWeek. InformationWeek. Retrieved 25 September 2017, from https://www.informationweek.com/cloud/infrastructure-as-a-service/9-worst-cloud-security-threats/d/d-id/1114085?page_number=2 Markovic-Petrovic, J., Stojanovic, M. (2014). An Improved Risk Assessment Method for SCADA Information Security. Elektronika Ir Elektrotechnika, 20(7). https://dx.doi.org/10.5755/j01.eee.20.7.8027 Microsoft,. (2016). Risk Management Process Overview. Technet.microsoft.com. Retrieved 25 September 2017, from https://technet.microsoft.com/en-us/library/cc535304.aspx Newton, P. (2015). Managing Project Risks. Retrieved 25 September 2017, from https://www.free-management-ebooks.com/dldebk-pdf/fme-project-risk.pdf Proconceptsllc,. (2016). Risk Radar Enterprise, Risk Management Software | Pro-Concepts LLC. Proconceptsllc.com. Retrieved 25 September 2017, from https://www.proconceptsllc.com/risk-radar-enterprise.html Qld,. (2016). Risks of cloud computing | Queensland Government. Business.qld.gov.au. Retrieved 25 September 2017, from https://www.business.qld.gov.au/business/running/technology-for-business/cloud-computing-business/cloud-computing-risks Retailwire,. (2016). Happiness Is Bringing Your Own Computer Devices to Work RetailWire. Retailwire.com. Retrieved 25 September 2017, from https://www.retailwire.com/discussion/16188/happiness-is-bringing-your-own-computer-devices-to-work Scu,. (2016). The Risk Management Process - Risk Management - SCU. Scu.edu.au. Retrieved 25 September 2017, from https://scu.edu.au/risk_management/index.php/8/ Stoneburner, G. (2002). Risk Management Guide for Information Technology Systems. Retrieved 25 September 2017, from https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/administrative/securityrule/nist800-30.pdf Test-institute,. (2016). What Is Software Risk And Software Risk Management? - International Software Test Institute. Test-institute.org. Retrieved 25 September 2017, from https://www.test-institute.org/What_Is_Software_Risk_And_Software_Risk_Management.php Trendmicro,. (2016). BYOD - Consumerization of IT Mobility - Trend Micro USA. Trendmicro.com. Retrieved 25 September 2017, from https://www.trendmicro.com/us/enterprise/challenges/it-consumerization/ Uasask. (2017). IT Risk Management Procedure. Retrieved 25 September 2017, from https://www.usask.ca/ict/documents/IT%20Risk%20Management%20Procedure.pdf Vila, S. (2012). Risk Management Model in ITIL. Retrieved 25 September 2017, from https://fenix.tecnico.ulisboa.pt/downloadFile/395144242579/Risk%20management%20on%

Questions on International Law Essay Sample free essay sample

1. What are the beginnings of international jurisprudence?Beginnings of international jurisprudence help us understand what constitutes international jurisprudence. and how international jurisprudence is created. It refers to where provinces. organisations. persons and the tribunals can happen rules of international jurisprudence. We will write a custom essay sample on Questions on International Law Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Beginnings of international jurisprudence can be divided into two chief types. which are the primary beginnings and the subordinate beginnings. The article 38 of the legislative act of the international tribunal of justness establishes the five chief beginnings of international jurisprudence. They are ; International conventions. international usage. general rules of jurisprudence recognized by the civilised states. judicial determinations. and the most extremely qualified jural Hagiographas of the bookmans. The first three are referred as primary beginnings. and the last two are referred as the secondary beginnings. Sing the turning regulation of international organisations. recent bookmans of international jurisprudence include the declarations and other Acts of the Apostless of international governmental organisations such as the United Nations as beginnings of international jurisprudence. 2. What are the critical differences between Transformation and Incorporation philosophies with respects to pacts? As International pacts are one of the three chief beginnings of international jurisprudence. most of the regulations which provinces in the pacts are been accepted in the domestic jurisprudence. This could be done by following either the philosophy of Transformation. or the philosophy of incorporation. The philosophy of transmutation stipulates that the regulations of the pacts do non became portion of the national jurisprudence until they have been expressly adopted by the province. In contrast. by the philosophy of Incorporation. a province automatically adopts the pact jurisprudence as portion of the national jurisprudence. This philosophy is an automatic response of the international jurisprudence into domestic jurisprudence without the formal demands for official statute law to approve it and give consequence to it. 3. What are the theories of acknowledgment of a province?Since States are considered as the chief topics in International Law. acknowledgment of a sate is the formal recognition of the position of an independent State by other bing provinces. Recognition of a State is more of a political construct than a legal construct because there are no specific regulations for acknowledgment of a State. There are chiefly two theories relevant to the acknowledgment. the constitutive and the declaratory theory. The constituent theory asserts that States and authoritiess do non lawfully exist until recognised by the international community. and the declaratory theory adopts that States and authoritiess gain in the international personality when they come into being. The â€Å"declarative† theory defines a province as a individual in international jurisprudence if it meets the undermentioned standards: 1 ) a defined district ; 2 ) a lasting population ; 3 ) a authorities and 4 ) a capacity to come in into dealingss with other provinces. By contrast. the constituent theory of statehood defines a province as a individual of international jurisprudence merely if it is recognized as crowned head by other provinces. 4. Write a short note on precautional rule.The precautional rule provinces if an action or policy has a suspected hazard of doing injury to the populace or to the environment. in the absence of scientific consensus that the action or policy is harmful. the load of cogent evidence that it is non harmful falls on those taking an act. This principle allows policy shapers to do discretional determinations in state of affairss where there is the possibility of injury from taking a peculiar class or doing a certain determination when extended scientific cognition on the affair is missing. The rule implies that there is a societal duty to protect the populace from exposure to injury. when scientific probe has found a plausible hazard. These protections can be relaxed merely if farther scientific findings emerge that provide sound grounds that no injury will ensue. In some legal systems. as in the jurisprudence of the European Union. the application of the precautional rule has been made a s tatutory demand. 5. Why is the United Nations so of import in international society? United Nations is said to be the most of import inter-governmental administration in the international society. because of its function in universe personal businesss. Due to its tremendous parts in keeping international peace and security and advancing cooperation among provinces and international development. it is besides known as the most representative administration. It leads the international society on the constitution of a merely and sensible international political and economic order. Furthermore. the importance of the United Nations can be found in its headship in assisting states work together to track through poorness. hungriness. diseases and illiteracy. It besides assists in the care of human rights and human-centered aid. As a consequence of its unreplaceable function by any other administration in the improvement of international personal businesss. United Nation’s importance in the internatio nal society is recognized.

Ethical Issues in Organ Donation

A relatively recent issue of The New York Times presents a story about Mirtala Garcia and Sebastiao Lourenco (Grady 2011). Mirtala was the wife of a deceased organ donor Julio Garcia. Julio died of blood hemorrhage, and since he had previously agreed to donate his organs, Sebastiao Lourenco received his heart (Grady 2011). Mirtala and Sebastiao are now close friends, and Mirtala is glad that at least her husband’s heart is still alive (Grady 2011).Advertising We will write a custom research paper sample on Ethical Issues in Organ Donation specifically for you for only $16.05 $11/page Learn More Stories like this one have become relatively frequent in the press, and they are bound to incite positive emotional reactions. However, the organ donation practice faces many problems and challenges, which have to be overcome. This paper will deal with the specific issue of how to determine when a potential organ donor has deceased, and his or her organs ca n be transplanted. It will argue that the best approach is to treat a person as dead when the irreversible loss of bodily functions and the irreversible loss of consciousness have both occurred. In addition to the romantic side of organ donation practices described in Grady (2011), there are many problems that medicine faces in this domain, and the current state of affairs has to be improved. Satel (2006) presents some devastating statistics related to the current state in the organ donation practice. In the United States, 70 000 people have their names on waiting lists for kidney transplantations (Satel 2006). According to some estimates, most of them will wait from five to eight years until they finally receive the organ and continue with their lives (Satel 2006). If, to this number, one adds those who are waiting for a donation of some other organ, it becomes clear how many lives depend on the practice of organ donation. Nonetheless, there are many problems which have to be solve d in order to reduce the number of people on those lists significantly. Some authors, politicians and activists have put forth their own ideas of the solution to the crisis in organ donation. For instance, Richard Brodsky, an Assemblyman of the Democratic Party in New York, introduced a bill which would enlist all American citizens as potential organ donors (Should Laws Push for Organ Donation? 2010). The bill would, of course, give an opportunity to those who, for some reason, do not want to be potential donors to exempt themselves by simply signing one document. While discussing some other ways in which countries could encourage potential organ donors, Rampell (2009) cites the case of the Israeli government.Advertising Looking for research paper on ethics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Israeli authorities gave priority on organ donation waiting lists to those people who had agreed to be potential organ donors themselve s. However, before addressing those practical issues, the governments have to address some fundamental questions related to the legal treatment of organ donation. The practice of organ donation is a controversial topic in areas as diverse as law, medicine and philosophy. Furthermore, as with any issue that is related to human life, religion also plays and important role in the debate. Medew (2008) writes about an academic article that dealt with the issues related to organ donation and attracted a lot of public attention. The author of the article, James Tibballs, a professor of pediatrics, argues for the reassessment of the legal definition of death and the methods by which death is certified by the physicians who perform organ transplantation procedures (Medew 2008). Tibballs argues that the legal definitions of death are designed to accommodate for organ donation practices and are problematic on several grounds. The Australian law defines death as â€Å"either irreversible cessa tion of all functions of [the] brain or irreversible cessation of blood circulation† (Mewdew 2008). Tibballs finds these criteria unacceptable because, according to him, the cessation of functions of the brain cannot be determined with certainty, and the criterion related to the cessation of blood circulation is too loose because according to it, a person is dead after his or her heart fails to restart for two minutes (Mewdew 2008). The criterion of â€Å"brain death† in terms of the cessation of functions of the brain is problematic because it is too vague. For example, many doctors would characterize a person as brain dead even though many of his or her brain cells are still active. In addition, clinical assessment of brain activity, according to Tibballs, is insufficient because the brain activity can be assessed with certainty only by using blood flow measurements, which is rarely done in medical institutions (Mewdew 2008). A comprehensive study by the National Heal th and Medical Research Council (Certifying death: The brain function criterion 1997) addresses most of the challenges raised by Tibballs. The study presents a philosophical investigation into the nature of death, which is then used to argue that organ donation practices are conducted in accordance with the strictest ethical standards. According to the authors of the study, death is defined as, â€Å"the irreversible loss of the integrated and coordinated life of the person as a single living organism† (Certifying death: The brain function criterion 1997, p. 3 ­).Advertising We will write a custom research paper sample on Ethical Issues in Organ Donation specifically for you for only $16.05 $11/page Learn More The authors examine the three traditional approaches to the definition of death in the Western philosophical tradition in order to establish the best approach. According to the first definition, death is seen as the permanent cessation of breathing. This definition is rejected by the authors because modern medicine can keep a person alive by means of artificial ventilators even though his or her lungs cannot operate by themselves (Certifying death: The brain function criterion 1997). The second definition that relies on the cessation of the heart beat is rejected on the same grounds (Certifying death: The brain function criterion 1997). The third definition that sees death as the irreversible loss of consciousness seems to be the most useful one, but it too needs some further improvements. When dealing with the third definition the problem is essentially reduced to the question of what constitutes consciousness. One approach that can be found in the literature is the so-called â€Å"only higher brain† approach. The most famous advocate for this approach is Peter Singer who sees the cortical structures of the human brain, which are related to higher cognitive faculties, as being crucial for personhood (Singer 1994). The destruction of these structures, according to Singer (1994), results in the death of a person. However, this approach is deeply problematic. The first problem that arises with this definition is that it would characterize people in the so-called vegetative state and anencephalic children as non-persons, which entails that it would be perfectly ethical to take their organs for donations (Certifying death: The brain function criterion 1997). The second problem is that it is extremely difficult to be certain whether cortical structures have been destroyed in a person whose lower brain structures still function (Certifying death: The brain function criterion 1997). Consequently, this approach has to be rejected. The approach which should be taken in order to determine if a person is dead is one that includes the examination of both the higher brain and lower brain structures. Accordingly, National Health and Medical Research Council (Certifying death: The brain function crit erion 1997, p. 6) argues that â€Å"human consciousness is dependent on the function of both the cerebral hemispheres †¦ and the reticular activating system in the brain stem†. From the above definition, it follows that death takes place after both the subcortical structure and the neo-cortex have suffered extensive injuries.Advertising Looking for research paper on ethics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The final question raised by Tibballs is whether or not the current practice in organ donation is in accordance with the legal definition. The current law defines death as â€Å"the cessation of all brain function† (Certifying death: The brain function criterion 1997). It has to be recognized that the current definition is too vague, and whether or not the current practice is in accordance with it is a matter of interpretation. If under â€Å"all function† one assumes the functions of each particular cell in the brain, it would follow that the current practice is often in breach of the law. However, such a definition would be absurd because death is a process, and many cells in the body continue to live long after the person has died. The definition can also be interpreted as a reformulation of the definition offered by the National Health and Medical Research Council (Certifying death: The brain function criterion 1997) in which â€Å"all brain function† is see n as the integrated function of the entire brain. The legal definition should be made more precise in this respect because the definition offered by the National Health and Medical Research Council is both theoretically sound and practically viable. In conclusion, before dealing with the issues of encouragement of the public and other practical problems, the organ donation authorities have to reach consensus around certain fundamental questions. The key ethical issue of the organ donation practice is the question of when a person can be regarded as dead. It has been argued that the National Health and Medical Research Council (Certifying death: The brain function criterion 1997, p. 3), which defines death as â€Å"the irreversible loss of the integrated and coordinated life of the person as a single living organism,† offers by far the best theoretical approach to the issue. What has to be done next is to implement that theoretical framework into the legal system in order to a void misunderstandings that damage the popularity of the practice. References Certifying death: The brain function criterion 1997, National Health and Medical Research Council, Canberra. Grady, D. 2011, One Death Provides New Life for Many. Web. Medew, J. 2008, Donors not truly ‘dead’ when organs removed. Web. Rampell, C. 2009, How Can Countries Encourage Organ Donation? Web. Satel, S. 2006, Death’s Waiting Lists. Web. Should Laws Push for Organ Donation? 2010. Web. Singer, P. 1994. Rethinking Live and Death, Text Publishing Co., Melbourne. This research paper on Ethical Issues in Organ Donation was written and submitted by user Maya D. 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.

7 Types of Euphemism

7 Types of Euphemism 7 Types of Euphemism 7 Types of Euphemism By Mark Nichol Euphemisms, words or phrases that substitute for provocative or emotionally charged terms, are employed for various reasons: 1. Abstraction: Some euphemisms serve to distance people from unpleasant or embarrassing truths, as when we say that a dead person passed away or a celebrity who has canceled an appearance is suffering from exhaustion. 2. Indirection: A euphemism may replace an explicit description of an action, as when people speak of going to the bathroom or of others sleeping together. 3. Litotes: Sometimes, euphemism occurs in the form of this rhetorical device in which the gravity or force of an idea is softened or minimized by a double negative, as in the reference to someone as being not unattractive. 4. Mispronunciation: Alteration of pronunciation is a form of euphemism, as when we say frigging or shoot, or jeez or cripes, so as not to offend people by using profanity (figurative or literal). These types of euphemisms, involving rhyme, alliteration, or shortening, are also called minced oaths. 5. Modification: A bluntly offensive noun can be transformed into a euphemism by converting it to an adjective, as in saying someone has socialist leanings rather than labeling them a socialist outright. 6. Personification: One form of euphemism is when things that some people prefer not to mention candidly, such as genitals, are assigned personal names. (I will go beyond euphemism and let readers think of examples on their own.) 7. Slang: Much of slang, derived to produce a vocabulary exclusive to a social group, is euphemism, as in the use of joint for marijuana (itself a slang term, derived from the Spanish names Mary and Juana closely related to â€Å"Mary Jane,† yet another euphemism). Corporations and government bureaucracies, including military services, are masters are creating euphemisms of abstraction and indirection such as pre-owned for used, effluent for pollution, and â€Å"collateral damage† in place of â€Å"accidental killing.† Euphemism is also often employed in an attempt to make polite reference to physical or psychological disability, though some people argue that while a trend toward ever more euphemistic language seems to accord people so labeled more respect, euphemism can also diminish the public perception of the seriousness of the condition. Not all euphemism is deplorable, but much of it is, and writers and editors must search their consciences and uphold their principles in deciding whether to couch terms or whether to use straightforward language. Although an increased likelihood of euphemism seems to correlate with the extent of distribution of a publication, it is also often true that the more widespread the readership of a publication, the safer it is for those who produce its content to be blunt and honest. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:7 Types of Narrative Conflict15 Great Word Games25 Favorite Portmanteau Words

The Major Factors of the Credit Agricole Essay Example | Topics and Well Written Essays - 2500 words - 1

The Major Factors of the Credit Agricole - Essay Example Credit Agricole is one of the largest retail banking groups in the world and is the largest banking group in France. The overall structure of the firm is such that it is owned by many smaller retail banks in France and is offering retail banking services not only in France but at international level also. Primarily focusing on the rural areas as its target market, the bank has also the presence in the cities and is now operating in more than 60 countries of the world. Such huge international presence, therefore, outlines a very significant expansion of the firm in the international market. The overall strategy of the firm in terms of international expansion has largely been focused on the acquisition of smaller banks in different European countries as well as countries from other parts of the world. Such expansion strategy outlines that the firm has taken an aggressive approach to extend its presence in the international market. Credit Agricole is considered as the green bank of France because of its support and stronger roots in the agriculture sector of the country. It is also because of its overall business philosophy that the firm mostly operated in the rural areas of the country with little presence in the urban areas. Credit Agricole is unique in the sense that its ownership structure is really different and its owned by many smaller banks. Bank’s historical roots are relatively richer given the fact that it was established in order to allow the extension of credit to the farmers so that they can boost their productivity. One of the reasons as to why the agriculture was lacking in productivity in France was the lack of credit to the farmers and as such, they were unable to purchase better seeds and other tools in order to better cultivate and increase their productivity.  Ã‚