Thursday, November 28, 2019

Structural Realism Theory and the Developing world

Outline Structure The previous decade has witnessed some investigations assessing the applicability of available International Relations (IR) models to, and complaining about the abandonment of the rising economies, and especially of third world (Africa) in particular, in International Relations theory.Advertising We will write a custom essay sample on Structural Realism Theory and the Developing world specifically for you for only $16.05 $11/page Learn More This essay tries to go past this well-substantiated disapproval, and in its place questions what International Relations theory is supposed to undertake to tackle the problems in the developing world, inquire how academic contributions from Africa may perhaps supplement our perception of International Relations. Conversely, it attempts to understand how the occurrences in Africa and the research produced by Africans can add up to a superior indulgence to International Relations.  The focal point is to employ the works of Arlene Tickner (2003a, p. 300), on the emerging economies as instruments of International Relations facts as opposed to objects of International Relations inquiries. And on surveying MacLean’s assertion that ‘‘Africa’s practices†¦ provide insights for the development of IR theory and policy far beyond the continent’’ (MacLean , 2001, p. 150). The insinuation is thus not that the total field of International Relations that has been naive to Africa and the confrontations that it facades (Brown, 2006), but relatively subsists to the periphery of the discipline. Wherever there have been efforts aimed at taking Africa into the crinkle, it has been performed from the viewpoint of ‘what capability should the Western International Relations do to slot in Africa’ instead of ‘what can scholars discover from the African experience’.  When someone reflects on the wish in native acquaintance from Afr ica and all of the rising economies relative to sections such as normal medicine or eastern creed and sculpture, it turns out to be clear that it is not a narrative suggestion that comprehend from the non- Western humanity can manipulate the west. Unfortunately this curiosity on how available (Western) information might be developed by aboriginal facts and performances has not unmitigated to the inquiry of IR. Majority of researchers meticulously observe modest worth in developing an endeavor to learn from teachings from the outside edge. The suggestion that academicians in the hub of the field, principally in the US and UK, are the inventors of premise, while scholars in the far away countries, Africa and most of the developing world, are simply clients of the hypothesis; has been prevalent in the field. Regrettably, as Mallavarapu (2005) argues that this outlook is not merely apprehended in the nucleus. Academicians from the emerging economies ‘‘have been complicit in viewing themselves as mere recipients of a discourse shaped elsewhere’’ (Mallavarapu, 2005, p. 1).  This implies one impediment in the examination of feasible African contributions to International Relations theory.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Evidently, there are many additional limitations, equally in external, such as the entrance observance rules so rampant in the field, and internal (constituting deficiency of assets and the outlook that theorizing is too expensive in the milieu of Africa, where pressing tribulations have need of critical strategy answers). Bilgin (2008) questions the ubiquitous postulations of divergence linking Western and non Western studies to global politics on the basis that Western and non- Western practices and their elucidations have turned out to be so intertwined that non- Western traditions of philosophy regarding to respo nsibility towards global politics are â€Å"not forever free from Western models and theories’’ (p. 6). Neo-realism Realism is one of the international relations theories, apart from idealism and Marxism, emerging towards the beginning of the beginning of the Second World War and maturing during and after the World War 2. The theory emerged after the idealists failed to explain why the Second World War occurred and yet there was a league of nations based on collective security and international law. The founders of the theory started by criticizing the conceptualization of man by idealists, idealists were based on utopia. Intrinsically, man is unscathed, selfish, enjoys when others suffer and is motivated by personal interests. The realists assume that man uses another man to fulfill his interests since man is self-centered. Whenever people cooperate, they aim at achieving something at the end implying that cooperation is aimed at acquiring self-goals. States are also guided by the principle of using other states to obtain selfish interests. States focus more on achieving national interests rather than fulfilling collective international objectives. The international system is perceived as a jungle whereby each state is hostile to each other and always dodging each other. The international system is anarchical in nature where power holding is determined by prevailing economic and political influence. The most powerful states dictate whatever they feel is suitable to other powerless states. The international system is likened to Hobbestian state of nature where life was short lived and states are always in conflicts. There is no a leviathan, which is in charge of arbitration and setting standards to be followed by other parties. Absence of a leviathan creates a vacuum that is filled by the mighty ones hence dominating global opinions and decision-making mechanisms. There is no common power in the international system instead some states force the ir way into leadership positions. The members of the international system, just like the members of the state of nature are driven by instincts. Life in the anarchical international system is brutish, short lived and solitary because there is no common power. At the national level, realists believe that states enter into contracts to form a leviathan unlike in the international system.  Kenneth Waltz in his book published in 1979 adjusted realism, which was mainly structural. This means that he reduced everything to the structure.Advertising We will write a custom essay sample on Structural Realism Theory and the Developing world specifically for you for only $16.05 $11/page Learn More Choices made by states in the international system are influenced by international system. The theorist focused on the status of the international system by claiming that only polarity influences the behavior of states in the international system. Change in a states lea dership does not affect its foreign policies. The issue of superpower affected the behavior of many states during the cold war. States were aligning with either the capitalist West or the communist east. The two super powers struggled to consolidate support from other states mainly to achieve their interests. States on the other hand calculated the benefits they could get from either side before associating with the super powers. The two super powers at the time asserted themselves in terms of ideologies where the United States wanted to construct an Americana world while the Soviet Union was proposing for collectivization of resources. Neo-realism and Developing Countries It is undisputable that Western International Relations was original in the discipline as an insecure intellectual subject trying to comprehend and hypothesize as regards to the vibrant global politics. There is no great suspicion that the major thoughts in the subject are intensely ingrained in the particularitie s and peculiarities of western olden times, the augment of the West to global power and the erection of its own opinionated system onto the whole earth. Put jointly, these two specifics denote that non-Western efforts to build up philosophy about International Relations, just like current capitalists, automatically have to create their ways in setting previously deeply habituated by past expansion. This fact is not disputed by any one, even though intellectual International Relations is now an international affair though incredibly unequally disseminated, still in the West, it remains extraordinarily subjugated to Western philosophy. At the same time as this state of affairs is not inherently bewildering, it is obliging to examine carefully the motives behind this. A few clarifications give little or no scope or basis for curative intervention. Others recommend that the issue of Western supremacy be expected to be transitory (Amitav and Barry, 2005, p. 293) This elucidation is not o n the subject of whether Western International Relations Theory has set up the entire accurate courses to reality. Since Western International Relations Theory has been approved by the authority of Western rule in the previous few centuries, it has obtained an international dominion grade that functions mainly mechanically in the brains of others, and in spite of whether the hypothesis is accurate or not. At this point, an individual would want to be keen on describing the logical effects of Western imperialism and the achievement of the influential in impressing their own thoughts against the wits and performances of the non-Western humanity. As illustrated above, the method of decolonization left in its wake a world modified, at times poorly, according to the European condition and its disordered society structure of global affairs.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More The cost of autonomy was that local leaders agree to this configuration and a first-class case can be made that they did not merely do so in force, but were captivated and made their own entire deposits of important Western thoughts regarding to the performance of political financial system. In addition, it includes autonomous, territoriality and patriotism (Amitav and Barry, 294). Additional Western thoughts such as egalitarianism, the economy and human rights have had an extra competition, hardly worldwide, response, but nevertheless, have befall prevalent and high-ranking outside the West. Third-World leaders have employed the important rudiments of Westphalia dominion and even lengthened its scale. For instance, the principle of non-involvement, an important auxiliary rule of Westphalia independence, is being dynamically challenged in the West. It has undergone some attrition except in the Third World, where it has stayed put strongly. In reality, the fall of laissez faire in th e West has facilitated its rise in the developing World (Tilly, 1990). The conceptualization of what makes the African state of affairs exclusive includes a number of ideas that the states attach to political and monetary structures causing resulting to immense dysfunction. Given that Africa and other developing countries are never the beneficiaries of lofty amounts of overseas straight savings relative to other rising regions, majority of links of states to the fiscal system scuttle through official worldwide monetary institutions and expansion-focused nongovernmental institutions (NGOs). Consequently, the malfunction comes from the organizational state of affairs in the course of which funds go into and go out of the continent (Lavelle, 2001).  The genesis of the institutional conditions can be established in postcolonial rules that, in the dearth of any actual option material support, utilized state influence as a reserve to consolidate their own power (Boone, 1992). Even Mossà ¢â‚¬â„¢s Adventure Capitalism, the most economic in orientation of the four books reviewed, views stock markets as a counteractive means to existing paths in the course of which overseas wealth enters African economies. For that reason, to start a more persistent investigation into the political principles of the developing countries, over and above personality countries, analysts must tackle extensive monetary conditions (Lavelle, 2005, p. 367). Analysis and Criticisms of Neo-Realism A good number of global relations assumptions are inductively consequential from the European familiarity of the ancient times of about four centuries, for the period of which Europe was the nexus and initiator of war, inventions and affluence. According to Waltz (1979), â€Å"The theory of international politics is written in terms of the great powers of an era. It would be†¦ ridiculous to construct a theory of international politics based on Malaysia and Costa Rica†¦. a general theory of i nternational politics is necessarily based on the great powers† (p. 73). When international relations scholars concentrated on other sections of the sphere, it was to examine themes assumed minor such as developing world safety or the actions of diminutive states. In view of that, worldwide relations research has paid attention to elucidating the European practice. For instance, the roots of World Wars l and ll, over and above the Cold War and U.S.-Soviet affairs. Even though this is tranquilly factual, other fractions of the globe have turned out to be more and more important. Therefore, awareness of European relationships is no longer enough for a dutiful international relations generalist (Kang, 2003, p. 57).  Besides, establishing hypothesis that comes out from variant of realist assumption is habitually the theme of intense contest. Scrupulously attempts to rule out guesses that relate to developing countries can be exceedingly exasperating. The main intense argument of the cynical forecast as regards to developing countries raises the concern of a revisionist third world. Subsequent to two decades of speedy trade and industry growth, developing countries seems perched to turning to great supremacy over again. As a result, for Richard Betts, the problem happens to â€Å"†¦ get rich or not?† In favor of realists, the reaction ought to be no, because a rich third world would topple any balance of power (Betts, 1997, p. 55).  Anxiety over a revisionist and threatened third world has simply enlarged in the last decade, as its financial structure keeps on growing and its forces and scientific potentialities additionally growing. Questions are being posed on whether developing countries such as the Asian tigers have territorial and imperialistic aggression (Dunn Shaw, 2001). The data so far postulates that even though developing countries have great defensive quarrels with numerous countries, they have neither revisionist nor majestic int entions. In fact, most third world countries have expressed authentic interests to join the global society, possibly superlatively captured in their substantial attempts to be converted into members of the World Trade Organization (Friedrichs, 2004). The Neo-realists fail to open up a black box because they focus on international system while inclined to systemic variables. They largely ignore domestic variables such as the constitution and the nature of government. They fail to open up the state, which is detrimental to understanding the behavior of a state in the international system. The theory underestimates the role of morality and ethics in the interactions among states. For instance, humanitarian assistance is given to troubled countries even if they are enemies (Smith, 2009). The theorists hold that sovereign states are never interested with the interests of others. Conclusion To be stylish and inclusive, assumption strives to be prudent yet prudence enables disparity by pro viding the chances to the more dominant to prohibit and occlude the welfare and knowledge of those who have fewer voices. Admitting the intricacy in human interactions by having a smaller amount theory and more perspectives unlocks up opportunities for adjustment and edition that consent for the emerging countries to go into the world of thoughts, perceptions and lastly the theory that would help them solve the problems at hand (Ayoob, 2002, p. 48). For that reason, the integration of Africa into more commonly pertinent examinations of global political occurrence should do more than simply affix it to the environmental range of case studies existing. It should press on an ongoing search of the innumerable associations that gather around states and the organization of the world system (Lavelle, 2005, p. 376). References Amitav, A. Buzan, B. (2005) Why is there no non-Western international relations theory? Department of Politics, Bristol: University of Bristol. Ayoob, M (2002). Ineq uality and Theorizing in International Relations: The Case for Subaltern Realism, International Studies Association. Blackwell Publishing. Betts, R ,â€Å"Wealth, Power, and Instability: East Asia and the United States after the Cold War,† International Security, Vol. 18, No. 3 (Winter 1993/94), p. 60; Bilgin, P. (2008) Thinking past ‘Western’ IR?, Third World Quarterly, 29(1) 5–23. Brown, W. (2006) Africa in international relations: a comment on IR theory, anarchy and statehood, Review of International Studies, 32, 119–143. Dunn, K. Shaw, T. (2001) Africa’s Challenge to International Relations Theory, Basingstoke: Palgrave. Friedrichs, J. (2004) European Approaches to International Relations Theory. London: Routledge. Kang, D. Chan-oong, D. (2003) 1965-International Security, Getting Asia Wrong. The Need for New Analytical Frameworks, MIT Press. 27(4), 57-85. Lavelle, K. (2005) Moving in from the periphery: Africa and the study of internat ional political economy, Review of International Political Economy, 12(2), 364-379. MacLean, S.J. (2001) Challenging Westphalia: issues of sovereignty and identity in Southern Africa, in KC Dunn TM Shaw (ed), Africa’s challenge to international relations theory. New York, Palgrave Publishers Ltd. Mallavarapu, S. (2005) International Relations in India: Bringing Theory Back Home, Hyderabad, India: Orient Longman, pp. 17–38. Smith, K. (2009) Has Africa Got Anything to Say? African Contributions to the Theoretical Development of International Relations, The Round Table, 98(402), 269 — 284. Tickner, A. (2003a) Seeing IR differently: notes from the Third World, Millennium, 32(2), 295–324. Tilly, C. (1990) Coercion, Capital and European States AD 990–1990. Oxford: Basil Blackwell. Waltz, K. (1979) Theory of International Politics. Reading Mass: Addison-Wesley, p. 73. This essay on Structural Realism Theory and the Developing world was written and submitted by user Brooke C. 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.

Monday, November 25, 2019

Equality Between Men and Women essays

Equality Between Men and Women essays Introduction Men have always been considered stronger then female, since the beginning of time, women have always been suppressed and have been considered to be the weaker and sublime sex as compared to men. In the early 19th century after the freedom struggles and feminine rallies, women voices were finally heard and women were given the due rights and respect which they have always deserved. Women are now free to vote, work, speak; movement and all the basic fundamental desires are free and available to every woman of the world. Women are now free to go to work, attain education in whatever field they desire and above all women are now provided equal opportunities and privileges, which were once only available to the men. Women in education The differences between boys' and girls' schooling are greatest seen in the regions with the lowest primary school completion rates and lowest average incomes. In Sub-Saharan Africa the ratio of girls' to boys' enrollments in primary and secondary school has hardly changed since 1990, and in 1999 it stood at 82 percent. In South Asia progress has been greater, but girls' enrollments reached only 81 percent of boys' in 1999 as compared to the 92% enrolment of boys. The number of literate women aged 15-24 years in the world went up from 390 million in 1990 to 432 million in 2000. This represents a global increase in the female literacy rate of approximately 3 percentage points from 80 to 83 per cent. At current rates, however, the target of eliminating gender inequality in education by 2015 will not be met, with the literacy rate for women 15-24 projected to be 88 per cent, versus a projected rate of 92 for young men. Various surveys have been conducted by various organizations to find out the percentage of women who ...

Thursday, November 21, 2019

'John Lewis' PORTERS FIVE SOURCES Essay Example | Topics and Well Written Essays - 500 words

'John Lewis' PORTERS FIVE SOURCES - Essay Example This is in consequence encompassed in an exceedingly enormous market hare that has not stopped to grow due to continuous demand. Alongside such factors, there are current global trends that have totaled up to the crisis; this is the fact that the recent global recession has grossly affected the market. In effect this has seen other players advance based on their competitive edge over the company. This has stiffened the competition and it is evident in the market shares trend. However, the consumer’s behavior in regards to priority over commodities may regulate this stiff competition. This is a force that is considered strong. Due to rigid competition, the force is intensified and hence strong. However, the corporation has within its structure stern measures to avert such competition. This includes high quality products which come with fair pricing strategy. In as much as there is a wide range of products that can be used as substitutes, this is however controlled by the competitive edge the current market has already established. This acts as one of the major strategies of the corporation for its expansion. This is one of the analytic forces which may be considered insignificant and hence weak. In this regard it is believed that the entry of a new force into the market may have meager consequences on te general effect to the market, especially if the forces already in the market are major ones. This is due to the fact that when there is a new force in the market, what they need is financial and human capital; sufficient enough to enable it grasp a considerable share of the market. However, recent developments like the recession may be thought of as reverting the expected trends. Generally, this is a force that is considered weak and also limiting. In this regard, it means that suppliers are always consistent in their attempts to identify with big companies that have wide market shares. This is to ensure that they have

Wednesday, November 20, 2019

Apple computer company Case Study Example | Topics and Well Written Essays - 1000 words

Apple computer company - Case Study Example It is actually the customers of a particular organization that maintains the status of the business' capability to exist within the commercial industries in the society today. Likely though, with the changing trends of economy in the global scene, The impending need to increase business resources today has actually been the main cause of failure among businesses in particularly generating the right amount of focus needed in creating customer satisfaction programs that would likely increase the capability of the companies in generating the needs of the customers in a much more reasonable perspective. Obviously, because of the many changes in the society today, it could not be denied that the systems of business operations handled by the current entrepreneurs in the different human communities around the world also follow a changing trend that is now more focused on generating profits for the organizations. Because of the financial demands of the current situation in the global economy, business administrations are already having a hard time allocating sources to support the needed balance in giving both the company as well as the company itself, the value that it needs to receive from the business operations that they perform daily in business. Ethical measures on the matter though particularly points out the need to be balanced in all aspects of business operations. ... Certainly, with all these considerations, it could be observed that Apple Company is able to provide its company the right kind of products that they need and they demand for. - Price Understandably, seeing to it that the customers receive what they want and what they need from the business means that the business needs to be strongly capable of handing matters of customer satisfaction seriously and conscientiously (Gitman, 2000, 13). Most often than not, sacrificing certain financial gains may be one of the key procedures needed to be considered in handling issues such as this one. However, although risky at some point, modern entrepreneurs see that generating the business capabilities in handling customer needs at a higher level of service and attention from the administration of a business organization generates more customers who are satisfied and are recurrently returning resulting to more gains for the business at that. certainly, it could be summed up to the claim that as the organizations focus on giving the customers what they want, they are then much more able to generate the profit that they need for continuous operation in the global market. To sum up everything, it has been noted by the authors Cunningham and Gunn, customers are likely the best source of business success in the society today. Understandably, the authors point out that the blood of each business organization today are their clients (2004, 17). It is through this understanding that entrepreneurs should actually be able to find a way by which to regulate their systems to make it possible for their clients to actually receive the services and products that they are due. It is only through this that

Monday, November 18, 2019

Housing Development (Housing Study) Essay Example | Topics and Well Written Essays - 2500 words

Housing Development (Housing Study) - Essay Example As a matter of fact, only the rich and the elderly can afford living in some communities in England. Low-income earners, more so the youth, are completely priced out when it comes to buying a house in some communities. Unfortunately, the few interventions that were applied to address the issue of house affordability in some communities in England have always been inefficient. According to one Andrew Clark, the head of policy at the National Farmers Union, a number of areas resist any attempts to ease the housing affordability problems. Due to these resistances, it has become rather difficult to propose and implement policies and reforms that would make housing affordable and sustainable (National Housing Federation, 2012). These resistance problems are particularly rampant in beautiful and scenic areas. Therefore, to outline principles and measures to promote housing, the government has devised a localism agenda in addition to the National Planning Policy Framework. These measures so ught to overcome the hindrances to affordable housing supply in rural areas and offer incentives such as New Homes Bonus and an infrastructure levy. While the New Homes Bonus involves the government matching the local authority’s revenue, the infrastructure levy raises funds from developers to pay for community essentials (Haughton and Allmendinger, 2012). Nonetheless, others worry that localism might just be another conservative tool or agenda instead of serving its intended purpose of creating affordable housing for all. This paper explores localism and its implications on housing and planning in England, asserting that housing problems in England will worsen under localism. Drivers of Localism in England The British coalition government has established several programs targeting different spheres of public life. One such sector targeted by these far-reaching reforms is housing. In fact, the planning of housing in England is undergoing some reformation, with the spatial reg ional housing and planning strategies being replaced by a localism approach, which focuses on community-centered housing planning and development. Although some housing stakeholders are of the opinion that localism will result in more opportunities and more houses than the earlier regional-target approach, others tend to disagree, asserting that localism will not improve the situation (South West Observatory, 2012). Still, some sections of the public wonder what localism is and what its possible impacts on housing and planning are. To understand the implications and effects of localism on housing planning, it is important that the drivers behind it and evidence that supports its effectiveness are understood. In England, localism is an approach not only to housing and planning but also to other projects and programmes by the coalition government. In all programmes targeted by the localism policy, the objective is to promote the involvement of local communities rather than the involve ment of the central government. Specifically, localism seeks the collaboration and participation of local communities in the planning and building of houses. Thus, localism encourages local communities not only to identify their problems and needs but also to prioritize them (South West Observatory, 2012). Due to this local involvement in problem identification, these communities have a hand in defining and designing what the services offered to them should look like. Furthermore, local

Friday, November 15, 2019

Directors Duties under the Companies Act 2006

Directors Duties under the Companies Act 2006 Executive Summary This paper explains about the directors’ duties that is implemented in the Companies Act 2006. It is significant that every director have to act within the legal principles in order to prevent any dispute from company’s interest with their personal interest. In the Companies Act 2006, there are several duties that every director has to act with the duties that are provided in Section 171 to Section 177. However, the directors did not put the duties into practice when carrying their responsibility as a director in a company. As a result, it has caused a great impact to many aspects such as employment rate, economy and others. Question 1 Introduction: Directors’ Duties in Companies Act 2006 In this modern globalization, every company must have at least one director for non-public listed company and at least two directors for public listed company as it had mentioned under the Companies Act 2006 in Section 154 (Davies, 2007). The reason of having a director in each company is to represent the company to act due to the ‘artificial’ legal entities of the company. In a company, the directors are the persons who represents its owners to manage and solve the problems of a company. According to the Cornell University Law School (2015), the directors of a company are called as fiduciaries because they are owing the fiduciary duties of the company while the people who owes the fiduciary duties is called as principal. Fiduciary duty is a legitimate obligation where it act exclusively in another party’s interest, which is the company where the fiduciaries are representing of. In the legal systems of United Kingdom, fiduciary duty is the most rigorous duty of ca re and duty of loyalty because the fiduciaries have to obey the duty that had implemented to prevent themselves from any irreconcilable circumstances with their principals or with different fiduciaries’ customers. In order to prevent conflict of interest, the Companies Act 2006 has implemented several fiduciary duties to the company’s director that has mentioned in sections 171 to 177. Directors’ duties in Companies Act 2006 In the Company Act 2006, there are several directors’ duties that are necessary for a director to act when carrying the responsibility of its position in a company, which is duty to act within their powers, duty to exercise independent judgement as well as duty to avoid conflicts of interest. 2.1 Duty to Act within Powers This is one of the most important duties that every directors of a company should act on. This duty requires the directors to perform their authority accordingly with the rights they have assigned by the company and utilise it in a proper purpose to give the best interests to the company. It is stated in the Section 171 of Companies Act 2006 that: A director of a company must act in accordance with the company’s constitution, and only exercise powers for the purposes for which they are conferred. Davies (2007) explains that the directors of the company are required to take after all the directions with reference to how the company’s undertakings ought to be sorted out and regulated that are set down in the company’s constitution in order to agree with any constraints that is set down in the constitution on what exercises an organization might legitimately participate. In the Section 171 (b), he explains that the directors’ powers should be utilized just for the proper purposes doctrine. This is to deal with the directors’ affairs by implement those powers that the company wish in order to avoid any conflicts with the company. Unfortunately, the directors have abuse their powers and their acts are not in line with the company’s constitution. This matter is clearly seen in the case of Hogg v Cramphorn Ltd[1], where it concerns about the distribution of shares by the directors of Cramphorn Ltd in order to avoid a take-over in the honest belief as they believe that the take-over would not be in the interest of the company and they want to protect their position as a director in the board of directors. As a result, Mr Hogg, one of the shareholder of the company sued the directors for being misused of their powers accordingly and the new distribution of shares was not legally distributed, so the court announced that this distribution of new shares are invalid (Lawteacher, 2015). However, there’s a case in Western Australia, which is Whitehouse v Carlton Hotels Pty Ltd[2] where Mr. Charles MacDonald Whitehouse is being sued for issuing the shares to his son in order to prevent his former’s wife or daughter to take over the company when he dies. In this case, the High Court of Australia held that Mr Whitehouse does not breach the directors’ duty although he distributed it for improper usage and therefore, the appeal is dismissed with costs (UnistudyGuides, 2013). 2.2 Duty to Exercise Independent Judgement Besides that, the directors must practice this fiduciary duty by using their power autonomously without influence by the other interests. In order to prevent the breach of this duty, the directors have to practice the duty in the Section 173 of Companies Act 2006, whereby they have to act: in accordance with an agreement which has been duly entered into by the company; or in a way authorised by the company’s constitution. In this fiduciary duty, it does not mean to give powers on the directors to delegate or avoid them from utilizing the power that is given by the company’s constitution to delegate. According to the Institute of Chartered Secretaries and Administrators (2015), the directors have to ensure that they will give the best interest entirely for its own company and shareholders instead of their own interests offered by the third party. Also, the directors of the company are allowed to consult other professions for the legal advice but, the final decision has to be judge independently by themselves. It is clearly seen in the case of Fulham Football Club Ltd. v Cabra Estates plc[3] that the directors did not exercise their powers accordingly with its independent judgement. This is happened where the Hammersmith and Fulham Borough Council consented to an agreement to expand the Craven Cottage, the football ground for housing purposes and assure that they will not restrict the advancement at a later date or bolster a compulsory purchase order. As a result, the directors of Fulham Football Club were held that they breached the duty of exercising independent judgement because they had not restricted the future exercise of their discretion accordingly (Quizlet, 2015). As mentioned in the AustLII (2015), the directors of the organization in the case of Thorby v Goldberg[4] was held by the High Court of Australia that they did not fetter on their discretion upon the interest of the organization in entering into a contract. 2.3 Duty to Avoid Conflicts of Interest Moreover, this directors are put into practice with this duty in order to dodge in a circumstances where a director can obtain either a direct or an indirect benefits from the conflict with the company’s interests. In conjunction of this, the Section 175 of Companies Act 2006 has clearly mentioned that this duty is not violated if: the situation cannot reasonably be regarded as likely to give rise to a conflict of interest; or the matter has been authorised by the directors. Based on the Institute of Chartered Secretaries and Administrators (2015), the breach of this duty is applied when the directors take advantages from the third party in terms of property, unofficial information and opportunities. At the same time, it is not a breach of duty in a circumstance that it is arise unreasonably or it has been approved by the directors. Unfortunately, the directors always face the conflict of interest with the competitor, major shareholder, or a supplier and it has been increasing from years to years. This is because the Act does not explained clearly on what is â€Å"interest† or the â€Å"conflict of interest† means. This issue has showed clearly in the case of Boardman v Phipps[5] where Mr Broadman and Tom Phipps buy the company shares with the acknowledgement of Mr Fox as they believe that they could turn the company around. Nevertheless, Mr Broadman and Tom Phipps did not entirely acquired to all beneficiaries and they have made a great pr ofit with Mr Fox. As a result Johnn Phipps has sued them for breaching the duty to avoid conflicts of interest (Webstroke Law, 2014). In Australia, the directors are also charge for breaching this duty, which is stated in the case of Chan v Zacharia [6]where the High Court of Australia was held that Dr Chan has breached the duty. This is because Dr Chan acted in his personal interest instead of legitimate the interest of the partnership as a whole (Oxbridge Notes, 2014). Conclusion: Prevention rather than cure? In conclusion, it is essential for every directors to act within the directors’ duties that is stated in the Companies Act 2006 to ensure that they do not breach the duty when carry out their responsibility to a company. There are several duties that is important among all of the directors’ duties, which is the duty to act within powers, duty to exercise independent judgement as well as duty to avoid conflicts of interest. It is mentioned in the LawTeacher (2015) that those directors who have breached the duties will caused the company to have financial losses and at the same time, the directors will also be charged for such as imprisonment, fines, and commercial consequences. The directors will also be barred from its position under the Company Directors Disqualification Act 1986 in the Section 6 if they breach the directors’ duties. In order to prevent the breach of duties rather than cure it, the Corporate Governance is a better system than the directorsâ€⠄¢ duties where the Cadbury Report 1992 states that it is a system where the companies are controlled and directed accordingly (SA Technical, 2012). This has led to more sharpness to the director’s responsibilities where they have the executive responsibilities and monitoring role to prevent the breaching of their duties as a directors. [1] Hogg v Cramphorn Ltd. [1967] Ch 254, Chancery Division [2] Whitehouse v Carlton Hotels Pty Ltd. [1987] 162 CLR 285 [3] Fulham Football Club Ltd. V Cabra Estates plc [1992] BCC 863 [4] Thorby v Goldberg [1964] HCA 41; (1964) 112 CLR 597 [5] Boardman v Phipps [1966] UKHL 2 [6] Kak Loui Chan v John Zacharia [1984] 58 ALJR 353

Wednesday, November 13, 2019

Rape and Responsibility Essays -- Argumentative Persuasive Topics

Rape and Responsibility      Ã‚  Ã‚   When I hear the word "rape," I immediately visualize assault, violence, force, and pain. However, today, there are pills slipped into drinks, thus skipping all of the brutality and allowing the attacker to walk away unscathed. But above all of the pills and physical violence, there lies another story that is more commonly heard of today: rape through blame and excuses. What this means is that, more often than not, women wake up from a night of alcohol consumption, drug abuse, or from a situation where they were not strong enough to say "No," and they cry rape. It is because of this frivolous definition of "rape" that women who are actually attacked are finding it harder and harder to present a case for themselves. Now the question of rape has found a new urgency due to a dramatic increase in rape cases on college campuses. Administrators are using terms such as "verbal consent" and "dating codes." These are just two small sections concerning rules for dating due to the dramatic increase in the cases of sexual assault on campus. Claims of rape and sexual assault are on the rise, and most of these cases are false claims.      Ã‚  Ã‚   Many of these mock rape cases occur when a woman is not strong enough to say "No" and understand that her consumption of alcohol and drugs may impair her ability to act wisely. In these cases, the woman has not been raped. Of course, this does not give a man the right to take advantage of a woman when her judgment has been impaired, simply because it may not be defined as a rape case. However, the fact remains that a woman who puts herself in a vulnerable position should bear some of the responsibility for a sexual assault, both in preventing i... ...ape occurs when one partner's words and demands go unanswered by the other. When a woman says "No" in a clear and strong voice, she means "No," there is no other way to define it. The sooner women learn how to use this word and mean it too, the sooner they can save themselves and their male "attackers" a great deal of grief. Along with this goes the understanding that women should not put themselves in a vulnerable position where they can be taken advantage of. If a woman impairs herself by drinking alcohol or using drugs, and then consents to be alone with a man in a dark room, what exactly does she expect?    Sources   Gaitskill, Mary. 1998. "On Not Being a Victim: Sex, Rape, and the Trouble with Following Rules." In: Gilbert Muller (ed.). Here and Now : Current Readings for Writers. New York: McGraw-Hill Companies, Inc., p. 167-180.    Â