Essay about Geeting Ready for Prime Time I Want to Go to...

Getting Ready for Prime Time According to a report from the Century Foundation, with 11 million students, community colleges are home to 45 percent of the collegiate population in the United States; in that same report, 81.4 percent of students who enter community colleges for the first time planned to obtain a bachelors degree in the future, but just 11.6 percent achieved that goal. I have attended college once and failed; I plan to succeed this time by recognizing the potential opportunities, by overcoming the challenges, by listening to advisors and by utilizing effective strategies. As a child, I always wanted to go to college but because of circumstances beyond my control, I was not even able to complete high school. I had to drop†¦show more content†¦When I started here I had my own car; a week into school I lost my car. I am now using my daughter’s car at least until she picks it up. I’m praying and hoping for a miracle between now and then otherwise I know it will be difficult for me to get here as I live in Portsmouth. Since I’ve been here I’ve had my house broken into and with that my lap top was stolen which keeps me from being able to do a lot of the work I would normally do at home. I have had many challenges in my lifetime, but it seems that every time I make a conscious effort to go back to school things go haywire. When my house was broken into last week I really felt like giving up, because too much has happened to me over the last three months. I lost my full time job, I got sick and was even in the bed for a sh ort time due to a twisted ankle/feet. The blows just keep on coming, but with each challenge, I lean on my faith in God knowing that He will not put any more on me than I can bear. I believe that if He takes me to it He will bring me through it. Many times I have had to remind myself of the faith of David in the Old Testament and encourage myself in the Lord. However, I will not give in to the fear. I am determined to do all that I can to complete and pass this class. Giving up is not an option. Because I’m aware of the many challenges, I will not hesitate to ask for expert advice. I will stay focused, determined and optimistic which are some of the things my personal

Forms Of Government And Its Effect On National Identity

ASSIGNMENT 1: FORMS OF GOVERNMENT Each country has its own unique form of government that helps shape its national identity but experts identify at least nine forms of governments. These are Communism, Marxism, Socialism, Monarchy, Republic, Dictatorship, Totalitarianism, Anarchy and Tyranny. All the other types are just modifications and improvements of these nine so that they can be suitable for that particular country. Communism, according to Remy Melina, is that form of government where in the ruling party has direct and full control of the country’s economy. In this type of government, the ruling party eliminates the possibility personal property ownership for it advocates that all the products are to be divided and shared equally by†¦show more content†¦In this type, equality is a very significant value imposed by the government as, according to Remy Melina, socialism wants to make sure that the goods and services are equally given to every citizens in the coun try who utilizes it. Finland and Denmark are two of the countries who employ this. Monarchy is probably the oldest form of government. Most countries of the ancient times used Monarchy to govern their nation (Hartmann). In this type of government, the nation is ruled by a single person known as the king or and his words are absolute and unbreakable. He has complete power over all that belongs to his or her country. In addition to that, being the ruler of a country is something that can be inherited by family members (Hartmann). The countries who use this type of government United Kingdom, although their monarchy is now different than its ancient form for the power of ruling family is now limited. Republic, is a form of democracy. In this type of government, the people of the nation has the power to select and elect their representatives to the government (Melina). This is probably the most common form of government at present for the majority of the countries all over the world use s it. United States of America is probably the most famous of them. Dictatorship, on the other hand is a form of government

International Commercial Arbitration Oil and natural Gas

Questions: Despite recent developments in the field of Litigation, parties embroiled in an oil and gas dispute still prefer to choose International Commercial Arbitration as a preferred method of resolving their disputes. Examine the truth behind this statement and evaluate the reasons why this may be the case in Oil and Gas Disputes. Must reveal evidence of sufficient reading and research, and, must refer to industry related academic journals and articles adequately. Answers: Introduction Oil and natural gas has today evolved to a highly tradable commodity due to its easy access in the form of pipelines known as Liquefied Petroleum Gas. Due to the increasing international exchange and oil and gas agreements, many complex issues have to be addressed by the host country and the foreign oil company (Oil and Gas disputes, 2015). Innumerable debates are raised concerning the issue. There are lot of rules and regulations concerning the oil and gas industries and it is concerned largely by the states. The main issue relates to the extent to which the regulations can be imposed and this varies from one state to another. Applicability of the International Law Usually the disputes in such contracts involve two different countries, the governments of which might be at war with each other. Thus, the legal system encompasses within itself a host of issues related to type of legal systems used, national sovereignty, international treaties and conventions, extraterritorial application of domestic laws, so on and so forth (Born, 2009). Usually the contracts define the mode of dispute resolution to be used in such cases. The principle of sovereign immunity is recognized in international law, which states that a party to the contract cannot be sued in a foreign land without the presence of an express or implied clause in the contract for the same. There are also Corporations that recognize the principle of restrictive sovereign immunity. The United States also allows a waiver of the express or implied clause of the sovereign immunity by application of the Foreign Sovereign Immunities Act. Thus modern laws and agreements are changing to treat every one on equal terms but litigation related to oil and gas are still complicated to be resolved as they are encompassed by political and national issues which are better dealt with through diplomacy (Brister, 2014). Key Principles in Contract Formation The oil exploration process is sought to high risk. Therefore, they types of agreements that could be potentially entered into could be joint operating agreement or marketing agreement. In a joint operating agreement, one party is termed as the operating party who is responsible for the day-to-day exploration and exploration of oil and the management of the related affairs. The other non-operating party will reimburse the operating party at the fixed decided percentage or on a pro rata basis (Brister, 2014). Thus in this type of contract, the determination of the share of interest is the most vital aspect and can be the subject matter of the dispute. The accounting principles also lay down the estimate of the expenses and revenues, the basis for reimbursement of costs incurred by the operating party and the indemnification of liabilities of the operating party in case of default or negligence. Thus, the authorization of any payment or liability is decided by the votes cast either in favor or against the proposed resolution (Kolkey et. al, 2012). The second type of contract with reference to oil and gas is marketing contract wherein the rights for marketing and sale of the oil and Liquefied Natural Gas are sold to the counter party who might be in another nation. These contracts require proper knowledge of the market and the ability to store, transport the gas through the pressurized tanks, and develop the adequate facilities to maintain them at the required temperature. All this involves heavy cost and so the market research has to be extensively done before entering into a marketing contract (Brister, 2014). In contracts, dispute resolution provisions are usually an afterthought pondered upon when the relationships have already got strained. Thus, it is essential that adequate importance should be given to these provisions at the initial stages itself. Dispute Resolution Disputes may be related to boundary claims, jurisdiction claims, equipments and assets related claims, quantity and quality of goods, insurance and hedging issues. Though every nation has sufficient number of courts and legal systems in place to effectively address these issues, it is seen that Alternate Dispute Resolution Process in increasing adopted by parties in comparison to the litigation process (Kluwer, 2014). Types of Arbitration Arbitration is the mechanism that allows the disputes to be resolved outside the courts. The two major types of arbitration are institutional arbitration and ad-hoc arbitration. Under institutional arbitration, the parties to the dispute submit the proceedings to a particular arbitral institution for determination. Such institutions have a pre determined set of policies and procedures to conduct the arbitral proceedings. The parties can do the court for arbitration and the selection of the qualified arbitrators. The fees charged for this can sometimes be more than the amounts involved in the dispute that is a disadvantage (Kluwer, 2014). In ad hoc arbitration, there are no fees payable to the arbitral institution and the selection of the arbitrators, rules and the parties decide all regulations for the arbitration. Thus there is more flexibility in an ad hoc arbitration and so is more suitable for the smaller or less expensive claims (British Petroleum, 2015). Arbitration versus Litigation The Oil and Gas industry has undergone a massive change after the liberalization and the opening up of nations for more trade and agreements. The traditional court proceedings require the disclosure of sensitive information, which might be of strategic importance, and so this is seen as a demerit of litigation. For instance in the case of Lyondell-CITGO Refining, LP v. Petroleos de Venezuela, the US Court demanded access to the Board Meeting Minutes though the Venezuela Law prohibits access to the same without appropriate security clearances. Thus, the Plaintiff was in an unenviable position (Buhring Kirchhof, 2006). In such cases, International Arbitration forums come to rescue where the access can be refused by resorting to the NOC. The International Commercial Arbitration rules permit the selection and appointment of an impartial expert to review the documents and determine the objectivity and propriety of the information contained subject to the appropriate security clearances (Kendall, 2008). Usually oil and gas contracts involve parties from two different countries and neither party will be willing to be subject to the laws of another country. To prevent a home country advantage for any one party, the International Arbitration Rules require the appointment of a neutral arbitrator after analyzing the residence of the independent arbitrator and the relationship of the arbitrators nation with the nations of the parties to the arbitration (Buhring Kirchhof, 2006). Hence, arbitration is the best method that can be resorted to in case of disputes and is a strong option for both the parties. The corresponding proceedings are also simpler and more flexible in comparison to the US Courts. The IBA Rules also contain a provision wherein the Arbitral Tribunal can pronounce the judgment without withholding the compelling and sensitive documents (Deventer, 2010). The US Courts permit withholding information of the common law grounds but does not recognize the exclusion of disclosure due to technical or commercial confidentiality. The arbitration institutions again recognize this. Thus, it is seen that largely arbitration has more lenient terms than courts with respect to the disclosure of information. Parties drafting the arbitration agreement can include the procedure for arbitration based on mutual understanding and coherence (Deventer, 2010). Party Autonomy is also one vital principle of the International Arbitration that states that the parties are free to choose the set of arbitrators and the seat of arbitration. However in cases where the parties fail to choose these, it shall be decided by the Arbitral Institution (Kendall, 2008). The Arbitrators chosen are usually qualified and experts in the subject and possess adequate knowledge about the subject matter of the contract as they are specifically selected and appointed by the parties as opposed to the court judges and magistrates who do not necessarily possess knowledge about every specific business case that comes across them (Buhring Kirchhof, 2006). The Arbitrators do no have any relation with the parties or the country to the dispute. Litigation process In litigation, the judges are typically appointed by the state and the state law prevails at the venue decided by the jurisdiction under which the case falls. This is construed as a strict and formal proceeding. On the contrary, in arbitration here is freedom without limits with respect to all these aspects. The litigation process is completely out of control of the parties to the case who have to be a the mercy of the advocates, lawyers and barristers who fight the case on their behalf and can turn he case the way they like by their mastery over language. Whereas in case of arbitration, the case is more personal to the parties as they fight it and argue on their own, for themselves and for their benefit. Thus, gain or loss belongs to the parties themselves (Kolkey et. al, 2012). The time and costs involved in litigation are also high as the court fees, barrister fees, etc have to be met and the court keeps giving newer dates for the producing of evidences. Arbitration cannot be called a less expensive approach at all times, but it is definitely less time consuming. On the other hand, court involves a lot of time and is expensive too (Paul, 2010). The privacy and confidentiality are the two important aspects that can be efficiently maintained in the arbitration proceedings. Need for Arbitration Due to the widespread globalization today, the impact of one particular court order can be seen on other transactions also. As seen in a recent case of Yukos, Russias largest oil private player which filed for bankruptcy in Texas, the Russian Government could not force the sale of assets of the company as it had obtained an injunction order against the sale in Texas. Deutsche Bank also refused to finance a party participating in the sale of the assets of Yukos. Thus, it can be seen that the commercial and global parties are impacted by court orders and so to avoid all this, international arbitration can be seen as a mechanism for the resolution of disputes by enabling the parties to draft favorable contractual terms (Horton, 2012). Off late, private oil, players are subject to criticisms due to the massive profits they make and are subject to frequent scrutiny by the taxation authorities for the windfall profits, at the same time the pay packages of the top executives are under scanner. The litigation process in the courts makes a lot of information public that can be avoided through international arbitration (Born, 2014). When two parties go to the court, there is enmity between them leading to bitter relationships. Usually oil and gas contracts are for decades and long term, so the maintenance of amicable relationships is necessary. Peaceful ways will lead to better understanding and judgment. Moreover, it will not spoil the business that is running (Born, 2014). Arbitration provides for dispute resolution in a peaceful and friendly manner by which businesses can be run normally even after the disputes. The appropriateness and the autonomy of the parties are maintained to foster a long term business relationship. Disruption in the business can lead to heavy for both the parties and huge cost can be involved in the process of litigation. Resorting to the process of arbitration is the best mechanism in the long run. Both the parties can get satisfaction after resorting to arbitration. Conclusion Due to the unique advantages, the international commercial arbitration should be largely adopted by companies as a standard mode of settling disputes. This will set a theme of peaceful action. Moreover, it helps in settling of disputes by resorting to arbitrators instead of courts. Settlement in the court takes time and money is wasted. There are many points to prove the neutrality of the arbitration proceedings which repeatedly the traditional courts have failed to deliver. Traditional courts are also time-consuming in nature and therefore it cannot be said to be desirable at all times. Moreover, arbitration settles the dispute by considering the matter of both the [arties and hence is effective in nature. Thus, the need to create a win-win situation even after the dispute is essential which in most cases is achieved by arbitration. References Born, G 2009, International Commercial Arbitration, Kluwer Born, G 2014, International Commercial Arbitration, Frederick, MD: Wolters Brister, A 2014, Farmout Agreements: The Basics, Negotiations and Motivations. Oil and Gas Law Digest. Brister, A 2014, Introduction to Joint Operating Agreements. Oil and Gas Law Digest. British Petroleum 2015, BP Global/About BP/Angola, viewed 15 March 2016, www.bp.com/sectiongenericarticle.do?categoryId=427contentId=2000571#2014344. Buhring,U.C and Kirchhof, G.L 2006, Arbitration and Mediation in International Business, Washington DC. Deventer, N.K 2010, Yearbook commercial arbitration, Huntington: New York Horton D 2012, Federal Arbitration Act Preemption, Purposivism, and State Public Policy. Forthcoming in Georgetown Law Journal. Kendall, J 2008, Expert Determination. 4th edition Kluwer A 2014, International Commercial Arbitration, Austin: Walters Kolkey, D.M, Chernick, R, Neal, B.R 2012, Practitioners Handbook On Arbitration and Mediation, Huntington, N.Y. Oil and Gas disputes 2015, Global Dispute oil and gas, viewed 15 March 2016, https://www.fess-global.org/files/OilandGas.pdf. Paul, S.T 2010, LLM Oil Gas Law, University of Aberdeen: Assistant Lecturer, Rivers State University Of Science And Technology, Port Harcourt: Nigeria.

Senior Management Corruption in Fortune 500 Companies Essay Example

Senior Management Corruption in Fortune 500 Companies Essay In reality, the economy of every state, of every nation greatly involves a knowledgeable set of people one with skills to embark upon new ideas along with new technologies one in which principles and beliefs are profoundly instilled, and one with wholeheartedness of learning, and exploring – all without corruption. Corruption is problematical and in fact, definitions are uncommon, and the definitions of corruption scuttle the range from being excessively broad as to be present as comparatively ineffective to being excessively constricted and therefore be related to only restricted, uncommon, distinct cases (Arussy, 2005). Fortunately, other professions and domains manage the issue of corruption on a further customary root. Corruption is the exploitation of authority for personal and private profit. This plain characterization provides a fine point, as it recognizes three important elements in a deliberation of corruption: what was done; how; and by whom Public approaches to the explanation of corruption authorize a broader notion, permitting, for instance, ethical considerations to differentiate corrupt from the non-corrupt dealings. Lawful definitions of corruption frequently are narrow; what is usually supposed by corruption, it sets the weight on ethics and has its pedigree in traditional notions of corruption that sought not to recognize manners, but to critic the general political wellbeing of a culture as well as its institutions. Â  The benefits made through corruption can be excluding monetary. Corruption of senior management in Fortune 500 companies must therefore be well-documented to be able to maintain companies’ objectives and re-institute law and ethics in business. We will write a custom essay sample on Senior Management Corruption in Fortune 500 Companies specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Senior Management Corruption in Fortune 500 Companies specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Senior Management Corruption in Fortune 500 Companies specifically for you FOR ONLY $16.38 $13.9/page Hire Writer One of the major areas of intense movement in businesses nowadays is corruption by the senior management. Corruptions in any kind of business, in whatever company, produce altered forms and areas of market authority, conduct and customer utilization; therefore there is a must to pertain established principles against corruption to protect policy to these issues (Hornsby Kuratko, 2002). Corruptions by senior management affect Fortune 500 companies particularly in the following fields: Accounting Business Ethics and Morale Marketing Management Marketing Objectives Advertising Business IT Banking and Finance Business Results Human Resource Management Economics E-Commerce A quality of high technology is the rapid development of corruption in services and products, suppliers and further competitors. On the other hand, new technology can also induce a new imperative set of issues on competition. One analysis is that corruption must not be valid within these sectors. Some economists dispute that any market authority will rapidly be exiled by more advances in the new technology itself. A further analysis is that the corruption of the senior management can create a large accumulation of market authority and customer loss within a short time and it perceives a must for quick, well-built and efficient claim of corruption within these situations. The spirit of the discussion is not simply whether corruptions by senior management affect Fortune 500 companies could be rapidly removed in a conceptual mechanical sense, but the survival of efficiencies combined with conduct and property protections calculated to preserve and amass market authority guarantees that such acts are appreciably deferred from getting into market. Furthermore, the Internet was known to be a new world, the purported ‘New Economy’ wherein ‘dot.com businesses’ were perched to get the better of their old market rivals professed to be fixed down through high overheads as well as high-priced bricks-and-mortar circulation networks corruption is very common in this world. On the other hand, with the modern underprivileged performance of the e-commerce stocks within Fortune 500 companies, the preliminary assumptions regarding what the Internet is and what corrupt opportunities it puts forward are should therefore be disputed, over and above the reasonable possibilities. In taking a look at the risks of corruption, it is significant as well not to disregard the function of the end user. Particularly, there are several very considerable new issues on the subject of consumer security in Fortune 500 companies that requires deliberation by the policy creators – the senior management. The Internet as an instrument for allowing new entry, and further businesses to arrive at further customers and make more cross border transactions possible is only successful if it ethically and lawfully acknowledged by the consumers. Exchanges have subsisted ever since the dawn of culture. Exchanges and further dealings are formed in an endeavour to decrease costs, augment effectiveness, lessen production time and make easier business custom through eliminating severances and escalating incorporation and partnership through apt information (The Economist, 2006). Basically put, exchanges endorse competition in price; a supplier aggregates demand and buyers encompass admission to a superior supply with price intelligibility. Exchanges nowadays are propagating at a quick pace; exchanges differ in format, design, size and structure – all being corrupted by the senior management without our notice. Characteristics of corrupt transactions recognize challenges shaped by the unlawful exchanges in the milieu of possible competitions. Ethical beliefs and norms on anti-corruption pertain to success in Fortune 500 companies. Principles of camaraderie, justice and equity, and responsibility in the use of community resources as well as the performance of roles of public conviction are constantly appropriate. The senior management in Fortune 500 companies should forever be truthful, in view of the fact that truth is important to individual freedom and to reliable community among individuals. The senior management in Fortune 500 companies, using computer network messaging, have turned out to be broadly used and are intensifying all over the world as internet computer network grows. Where global corporations and law firm formerly required specific satellite or telephone links, internet network can eradicate the necessity for these further costs (Adler, 2000). The same is factual for law firms in areas with global needs that have made a network of connected local firms to assemble those needs. The ethical measurement of corruption relates not simply to the substance of any field or subject but to deep-seated structural and universal issues, frequently involving great questions of policy bearing ahead the circulation of refined technology and merchandise. Any business or company without corruption helps spur economic growth, supports business and commerce, benefits society by means of facilitating informed citizen involvement in the political practice – it draw people collectively for the search of shared intentions and goals, consequently helping to shape and continue reliable political communities. The dedications of senior management as well as personal convictions are the most significant drivers during business decisions to reinforce anti-corruption programs. The ethical convictions of the senior management of Fortune 500 companies are the most particular significant feature in their company’s resolution to progress an anti-corruption programme (Whiteley, 2000). Companies nowadays seldom mention an upshot rationale for anti-corruption programmes. As an alternative, they refer to lawful considerations as reasons for investing in anti-corruption proposals. Fortune 500 companies must have strict anti-corruption programmes; anti-corruption statements must be thorough and specific. For instance, labelling of corrupt practices, structures as well as procedures that support a company’s anti-corruption rule have to be updated every now and then. Anti-corruption policies are subject to high levels of assessment. Chief legal officers are more involved in these policies development, functioning, monitoring. Additionally, companies are currently more likely to seek external support in several aspects of their anti-corruption policy.