Education scenarios Essay Paper

Education scenarios
Education scenarios

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Education scenarios 

Order Instructions:

Task description: This task requires you to apply your knowledge of language and culture, oral and written language and language variation and change, to write an essay responding to one of the following education scenarios. In your response, you are required to describe and discuss how the child in your chosen scenario will learn English over the next decade of their lives (from birth to 10 years of age), taking into account cultural influence and social interactions with parents, caregivers, peers, and prospective English educators.

You should provide a response in a cohesive, informed and objective manner.

Scenario 1: Anna was born in rural Tasmania and is an only child of parents who are farmers and have lived in that rural area in Australia for many generations.

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Scenario 2: Samuel was born to an Asylum seeking refugee who is detained on Nauru.

Scenario 3: Jin Li was born of Chinese parents who have recently moved to Melbourne. Both parents are fluent in English and Chinese.

Scenario 4: Edward was born in an Australian middle class family whose parents work for the government in Canberra.

Scenario 5: Kim Lan was born of Vietnamese parents who have been in Australia for a decade and are lecturers in literacy education and health at an Australian university in Sydney.

Scenario 6: Daku was born in a remote Aboriginal community. His parents speak a traditional Aboriginal language at home and Aboriginal English is spoken in their community.All the children in the above scenarios were born in Australia in 2017.

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Task Length1,700 words (maximum)

Assessment Criteria? Apply knowledge of language and literacy concepts and theories (50%)? Tell a story of the selected child’s language learning and development (20%)? Communicate ideas in academic writing (30%)

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Nando’s HR Essay Paper

Nando's HR
Nando’s HR

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Nando’s HR 

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Description of Assessment Requirements

As a Human Resource Management Consultant, you have been invited by a NANDOS (refer tohttps://secuforum.com/free-essays/human-resource-management-nandos-case-study-237 for a case study on Nandos but you are expected to do your own research) to advise them on the possibility of taking their HR practices to the next level in order to compete more effectively in the marketplace.

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In particular the Board of Directors would like you to address the following:

Task 1

Drawing on relevant models, analyse the approach of the company to the management of its human resources.

Task 2

Critically discuss its recruitment and selection in relation to strategic human resource initiatives.Make relevant recommendations as to how it could improve this process.

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Task 3

Discuss its approach to HRD and explain how this could be improved.

Task 4

Critically evaluate the classical theories of motivation and from your discussion of these theories propose a hybrid theory which may combine the most meaningful characteristics from a range of these theories and which you believe will have practical value in this organisation.

Task 5

In your advice to the company discuss the characteristics of effective leaders. Draw on relevant models to justify your analysis.

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Democracy Essay Assignment

Democracy
Democracy

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Democracy

Part 1

Democracy can be termed as one of the most critical elements of governance for any country across the world. Democracy can be well-defined as the government of the people, put in place by the people, and is meant for the people (Raveloson, 2008). It can be said to be the only kind of government in which the will of citizens is reflected in the administration.

Part 2

There are two primary forms of government that will be the main focus in this analysis. These include the unitary and federal forms of government. It is vital to acknowledge that each of these systems has their strengths and weaknesses. One of the advantages of the unitary system is that it has a single and decisive legislature. The second advantage of this system is that it is more efficient in the utilization of tax money. In this case, there are fewer people trying to secure some allocation.

The third advantage is that it does not have the sophisticated management of the economy and government. One of the disadvantages, on the other hand, is that this form of administration has a slow response by the government. For instance, in case of an emergency, there are no quick response teams, and troops have to be called upon in case of such cases. The second disadvantage is that this government easily loses track of the local matters. The third weakness is that this system is quite divisive since everybody is forced to compete for priority (Heywood, 2014).

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On the other hand, the federal system also has its strengths and weaknesses. One of the advantages is that each county or province has its unique political, social and economic setups. For instance, the state of California in the United States has its issues which only the county government can solve. The second advantage is that this government provides representation to different populations.

For example, each state in the United States has immigrant and native communities which are represented by the government in representation. The third strength is that through the sharing of work between the central and regional governments, there is the optimum use of resources. The final advantage, in this case, is that federalism provides room for innovation and experimentation. For instance, each state in the United States has its own political, judicial and social setups and policies.

One of the disadvantages is that the federal form of government is quite expensive to run since there are more representatives elected to various positions. This consequently leads to the overlapping of roles. The second weakness is that this government leads to unwarranted competition between multiple regions. The third shortcoming is that it promotes regional imbalances including industrialization, natural resources, and employment opportunities.

References

Heywood, A. (2014). Politics. Basingstoke: Palgrave Macmillan.

Raveloson, A., J., (2008) What is Democracy, 1(1), 1-23

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Project Controlling and Closing

Project Controlling and Closing
Project Controlling and Closing

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Project Controlling and Closing

Project control activities go hand in hand with project development activities so that while the work of the project is being handled, the project is being managed and monitored through the implementation of proper oversight levels. Project controls should effectively address cost controls, project planning, and scheduling, productivity, and change management (Shohreh 2015).

Project controls include data gathering, analysis, and management of process used to predict and manage the results from a project program. Project controls encompass project strategy, risk management, project scheduling, document control, forensic assessment and cost control. The project controls must be effectively implemented and managed for a positive outcome from a project.

For effective project control, ABC organization review metrics and reports to identify variances from the planned project. Variances are determined by taking the actual performance value of a project and comparing it against the planned performance. If problems are anticipated, control measures are also taken into place (Shohreh 2015). Project controls used by the organization include planning, cost management, cost estimation and cost analysis. The project controls are implemented into the project by directing other people to take corrective actions. All stakeholders are informed of the changes, and they then discuss to update the changes required in their specific sections of the project.

Project Controlling and Closing

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Project controls are managed through configuration system. The configuration system has processes for submitting changes, tracking the project for reviewing and provision of methods to approve the required changes. The system mostly includes change control system. The system has formal documented procedures that are used in the application of technical and administrative directions. Project control management involves the identification of the features of a product, applying the necessary changes, and record changes and implementation status of the project. Configuration management ensures consistency in a project by integrating all the project control elements.

According to Nick (2013), control measures include:

1.    Scope control

A scope control is implemented to identify and manage all features of a project that may increase or decrease its scope beyond the approved scope. Scope control determines when a change has occurred and managed the changes when they occur. Change in scope requires additional project resources and; therefore, all stakeholders involved in the project should discuss the change.

2.    Schedule control

Schedules are affected by funding, climate, vendors. Schedule control is characterized by determination of the change in schedule and management of the schedule. Once a problem in the schedule is discovered, it is investigated and updated.

3.    Risk control

Risk control is the process of carrying out risk management plan to take necessary precautions resulting from risks over the course of the project. Risk control involves identification of the threat, quantifying and qualifying the risk, and responding to the risk. Workarounds are tools used to assess and analysis risks as they are short term, and the response is not defined before the occurrence of risks.

4.    Quality control

Quality control is a project control measure that monitors the result of the project to determine whether they conform to the required standards. Quality control is carried out through the project by the quality control engineers.

5.    Cost control

Cost control determines if forecasted project budget has changed; manage the change through corrective actions, and then informing the stakeholders of the changes. A project is managed through revised cost estimates that provide a modification to the cost information.

6.    Contract administration control

Type of project control that ensures sections within organization performance is in accordance to the contractual agreements.

Recommendation

For effective project control, cost control and scheduling should be interlinked to manage better variations from the budget and schedule by integration of the two controls to look at the big picture of the project.

Some of the methods used to assess project effectiveness include cycle-time reduction, the number of processes and steps, and customer satisfaction. However, one way to assess the effectiveness of a project is to evaluate its present level of efficiency and effectiveness. Current project efficiency and effectiveness provides a complete evaluation. Assessment is done for each of the segments in the project (Nick 2013).

Customer satisfaction measures effectiveness while resources measure efficiency. By measuring customer satisfaction and resource utilization, it is possible to determine the process to focus on for improvement together with other tools and measurements.

Use of current efficiency and effectiveness allows project managers to make quick decisions, visualize outcomes and simultaneously make a comparison of the processes. The current evaluation helps in generation of discussion by stakeholders for consensus. Current evaluation of efficiency and effectiveness creates focus and coordination within projects and helps in identification of gaps for improvement. The process is done by taking all resources and rating them as per the progress of the project on the planned results (Shohreh 2015).

Project Controlling and Closing

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Project managers apply project controls to keep up with the changes that happen during the implementation of a project. The controls include cost, schedule, risks, and quality. Proper management of the controls through integration leads to successful completion of a project. Changes in the control elements are identified and stakeholders informed to apply the necessary changes. Integration of the different control elements and stakeholders is a sure way to effectively enhance project management.

References

Nick Gamino (2013). Tips to manage projects effectively. Retrieved from https://www.huddle.com/blog/manage-projects/

Shohreh Ghorbani (2015). Key role of project controls in successfully managing your projects. Retrieved from http://www.projectcontrolacademy.com/key-role-of-project-controls-in-successfully-managing-your-projects/

Project Controlling and Closing

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ECJ and ICJ Roles Compared

ECJ and ICJ Roles Compared
ECJ and ICJ Roles Compared

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ECJ and ICJ Roles Compared

Introduction

The International Court of Justice (ICJ) is the legal structure of the United Nations (UN) and the leading international court with jurisdiction over global legal differences.  On the other hand, the European Court of Justice (ECJ) is the legal establishment of the European Union (EU)[1]. The ECJ is mandated with resolving member states differences. The International Court of Justice (ICJ) and the European court of justice (ECJ) were set up by interstate treaties to perform various roles[2]. The will evaluates the different roles of ICJ and ECJ.

Settlement of Disputes

Both ECJ and ICJ play a significant function of settling disputes. To start with the ICJ’s role is two-fold; resolve disputes based on the international law and legal conflicts submitted to the court and provide advisory guidance on legal issues provided by duly international legal agencies.  All UN member countries are ipso facto parties to the ICJ Statute, an aspect that is relevant to the UN Charter, and currently, almost all countries are UN member states. Every disputing nation has recognized the court’s jurisdiction as mandatory.

On advisory, UN specialized agencies and organs have the power to request the views of ICJ. The consultative process highlights on contentious proceedings and the basis of applicable law. Particular rules can, nevertheless, stipulate that advisory law is binding. This means that such laws cannot be invoked after the states have consented while the court has made a ruling.Nonetheless, a country’s failure to adhere to the tribunal’s decision breaches Article 94(2) of the UN Charter.

Noncompliance may be invoked to UN Security Council that can either make suggestions or authorize the use other strategies to enforce the ruling. The UN Security Council’s decision to implement compliance based on the court’s ruling is subjected to veto power and therefore mainly relies on the willingness of the members to resort to enforcement strategies while supporting the preliminary ruling.

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Article 36 (2) of the ICJ statute or Optional Clause, gives states the authority to make a unilateral declaration, whereby they recognize “a mandatory ipso acto and with no particular agreement, based on any country accepting similar obligations, the prerogative of ICJ in settling legal conflicts. Under the Optional Clause, some states have accepted ICJ’s jurisdiction with particular restrictions, for example, the US has appealed the Connally Reservation.

Such a reservation allows nations to avert ICJ’s prerogative initially recognized under the Optional Clause if they choose not to respond to a given suit. In most instances, it is practiced if a nation confirms that a conflict is domestic in nature and not international, and, therefore, domestic jurisdiction is applicable. If a government appeals the Connally Reservation, another one can also appeal to that nation, and hence a suit against the second country will be revoked.

This is commonly known as the rule of reciprocity and demonstrates that a nation has the responsibility of responding to the suit filed against it before the ICJ provided that the country is submitting the suit also recognizes the court’s jurisdiction. Much as ICJ has the mandate to hear any given case suitably provided, access laws evidently require that many conflicts will encompass enforcement or challenges to the actions.[3]

Settlements of Disputes in such agencies are minimized to contract conflicts with international bodies. For that reason, what may be viewed as a paradigmatic function of ICJ? Also, in the mandatory jurisdiction, ICJ’s role of settling disputes can be the foundation of enforcing the agreement and hence it can morph into enforcement function.

Moreover, ICJ is in charge of excising appellate jurisdiction, for example, this can be a result of provisions in the treaties including 1944 Convention on International Civil Aviation that envisages appeals to ICJ from rulings of ICAOCouncil.

Like ICJ, ECJ has the power of resolving interstate conflicts regarding the interpretation and use of agreements. Besides jurisdiction of inter-member states conflicts based on Article 344 Treaty on the Functioning of the European Union (TFEU), the ECJ interpret treaties through original judgments regarding the legitimacy and construal of agencies of EU and, institutions’ act.

As such, ECJ has the power of ensuring that law is not only observed but also interpreted and used in EU treaties[4]. To settle legal disputes, ECJ has a broad jurisdiction to hearing some actions. Additionally, it has the ability besides other things to regulate the applications of actions due to failure to act submitted by member states or against members as a result of failing to meet the obligations of the original judgments and appeals.[5]

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ECJ dispute resolution

The European Court of Justice (ECJ) is the legal establishment of the European Union. The court’s primary obligation is to resolve disputes between member states.  Moreover, the ECJ has an important duty of ensuring that European law is understood and employed the same way across the board. While based in Luxembourg, the court consists of 28 judges, taken from each member state.

For instance, to preclude disparities of interpretation of the European Union (EU) law by national courts, the initial verdict processes enhances the co-operation between national courts and the ECJ[6].  Furthermore, if a case is presented before a domestic jurisdiction that entails a clarification of the EU bylaws, if faced with ambiguity, the national courts will indeed refer the issue to the ECJ for interpretation. The ECJ will then pronounce a decision with regards to how the law should be interpreted.

The ECJ has the mandate to enhance proceedings, particularly if initiated by The Commission for purposes of compelling a member state to abide by the EU statute. In cases where the member state is in the wrong, it has to rectify the anomaly promptly. Whenever there is a dispute emanating from laws enacted by EU institutions at the expense of EU Agreements, the ECJ may request for the cancelation of such laws.

However, the ECJ has to determine that such laws are in conflict with the EU treaties before obliterating them. In addition, invalidation proceedings can also be advanced by private individuals provided they can substantiate that the statute in question has a direct effective on them individually.[7] 

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In Nold v. Commission case of 1974, the ECJ made a pronouncement guided by the legal practices common to the member states, and that it was not in any way ready to support measures that are not in tandem with fundamental rights accepted and protected by the components of member states. The pronouncement led to an understanding between member states and the ECJ.

This permitted state courts to make recommendations when the ECJ law and member states are in conflict. By and large, ICJ an ECJ resolves disagreements based on the interpretation and use of terms in trials that are created between two or more nations. Other cases may include the presence of the military in a foreign country, water boundary conflicts among others.

Court of Appeal and Compliance

ICJ serves as the court of appeal while ECJ is the foundation of ensuring that European laws are adhered to. ICJ can serve as the court of appeal of International Labor Organization (ILO) Administrative Tribunal. After 1955, the decisions of United Nations Administrative Tribunal can be appealed to ICJ; however the association was severed by United Nations General Assembly.[8]

On the other hand, the ECJ acts as a platform for making sure that European law is adhered to uniformly when it comes to interpretation of legal actions. While European laws are statutes stipulated by legislative organs, they regularly amend them based on the case law of ECJ. For that reason, the ECJ plays the function of EU integration through clarification of ambiguous legal stipulations, implemented regarding fulfilling the agreement by policy makers with different interests.[9]

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International Law Enforcement

ECJ and ICJ are in charge of enforcing international law. To start with, the ICJ is mandated to oversee countries compliance with international law. In addition, this entails reviewing countries actions, public agencies and in some instances individuals to determine if they adhere to the provisions of international rules. ICJ can consider the practices of a nation in international law as either lawful or unlawful while secondarily authorizing measures to reward victims and create expenses related to criminal actions. According to International Court of Justice Statute,

ICJ decides cases with regards to international law. This is to say, that the court should apply; a) international conventions and agreements; b) international customs; c) general codes accepted as law; and d) judicial decisions.[10] With the goal that nations can enforce legal rulings, there is an assumption of forcing legitimate national decisions. Apparently, such an assumption is not recognized globally.

The inadequate international administrative tool to enforce ICJ judgments against nations, however, some have alleged that the case of ICJ is similar to public law as well as constitutional functions of local courts.

The International Court is also tasked with the obligation to formulate the private international law. While the international court has played a comparatively modest and significant role in the creation of the international law, looking ahead, this obligation is expected to increase. 

The porousness of national boundaries as an outcome of globalization, leads horizontally, to the snowballing interaction between domestic legal structures, culminating in more private global legal issues happening. However, it equally shrinks, vertically, the conventional distance between the spheres of public and private universal law. At some point, the ordering of the diversity of private law orders and arrangements the central obligation of the private international law- is slowly but surely also an issue of interest for public international law[11]

For instance, this has been made probable through the concession and wider acceptance of The Hague Conventions and other international, regional and two-pronged instruments on the transnational private law. However, standards of transnational public law are gradually cooperating with, influencing and reporting to norms of private international law, especially where they are exemplified in transnational instruments.

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With international law enforcement, the ECJ makes ruling on the actions submitted by 1) member nations, institution or legal individual; 2) making preliminary judgments upon requests of tribunals of members, on the interpretation of Union Laws; and 3) make decisions in other cases as stipulated in treaties. In addition, the ECJ reviews the legitimacy of legislative acts and the Council of Commission.

In this case, the ECJ provides uniform and precise interpretation of law while ensuring that all members adhere to it.  Besides the predisposition of governments interpreting the law based on their interests, it a new regulation as such not widely recognized.

Review international administration and legitimacy 

Both courts are involved in the reviews, on one hand; ICJ considers foreign policy, and on the other ECJ reviews the legitimacy of European acts. ICJ listens to challenges to the judgment of administrators in cases submitted by individuals affected by such decision.[12] Based on the standard of assessment, the court checks to ensure that administrative decision complies with the law, and the administrators have a valid basis for their understanding.

In addition, the ICJ has the power to assess the rulings of national managers responsible for enforcing international regulations. In developing and developed nations, the ICJ authorizes a local action as lawful. On the other hand, ECJ regularly reviews widespread applications for common regulatory laws. Nevertheless, in cases where nations creatively deduce international law for fostering national agenda, foreign administrators can act as a type of global enforcement structure for decision formulation.     

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These administrative reviews allow nations to construe uniformly transactional, regulatory laws, providing a platform for domestic courts and administrators concerning new and complex legal problems. They also offer legal preparation especially for private individuals that do not succeed, therefore, help states protect their actions from criminal allegations. On the contrary, ECJ reviews the legitimacy of European acts, and agencies to provide legal impacts. Annulment proceedings can be submitted to decision formulation institutions, members or under certain conditions by a person.                                                                                                                      

The objective of such actions is annulling acts of institutions that are not related to stipulations of treaties, exceeding their rights or fail to adhere to the laid down procedure. If the action turns out to be adequately funded, ECJ pronounces the issue as void. Thus, annulment proceedings are the basis for evaluating compliance of European legislator acts to treaties and legitimacy of Commission judgments and resolving inter-institutional conflicts influencing power decentralizingon every institution from treaties. The controlling legitimacy of the institutions’ actions connects ECJ to constitutional jurisdiction.[13]

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Reinforcing legal process

The ECJ plays the role of strengthening legal structure by developing various institutional frameworks, amending inter-institutional as well as member states uniformly. The court solely is dedicated on these provisions while widening the catalog to protect the rule of law and supporting the prevailing conditions of the institutional uniformity. ECJ’s fundamental rights jurisprudencepresents a recognized role in the constitutional process.

Also, though the treaties did not contain anything on legal structure, the court progressively fleshed out a bill of rights in various cases including Staunder (1969) and Omega (2004) that is waiting to be integrated into law. Apart from reinforcing constitutional framework, the ECJ mandated to ensure there is a legal basis for the European law as well application duty of loyal cohesion.[14]                                           

The universal values of European law have for several years been replacing due to EU lack of fundamental rights process. Without a doubt, the general values are important in guaranteeing that constitutional courts at national level recognize the influence of European law. The duty of loyal co-operation is vital in the creation of legal rules. However, its significance is fundamental in the legal process like EU, where laws are used in similar institutions.    

Similarly, ICJ is in charge of strengthening the constitutional process by enforcing international laws and nullifies unlawful international actions.[15] Also, ICJ is regarded as a constitutional organ since it has the capability to make laws of constitutional significance.

Basically, in reinforcing legal process, the ICJ promotes the culture of constitutional compliance when the acts of a nation are regarded as ipso facto invalid. To effective foster legal agreement, the ICJ depends on the public views to pressure political leaders to respect rulings.

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Promote integration and global community

While ECJ promotes integration, ICJ fosters global community. According to Article 7 European Court has empowered ECJ to perform duties entrustedto Community, demonstrating that without a doubt it has a remitto not only protect but also promote the rule of law. The European legal principles foster this step proving that ECJ is lawfully in charge of developing pro-integration process and required to provide rulings to reinforce and enhance the Community or Union legal structure.  In the global community, the ICJ hears cases regarding maritime boundary, trade law, human rights, international criminal law and different tribunals formed to listen to a given case.

Interface and judicial dialogue

ICJ and ECJ are in charge of ensuring there is an interface in the trends of legal discussion. For instance, the ever-growing jurisprudence demonstrates that ECJ uses ICJ case-law as a tool for interpreting international practices relevant to its duties[16]

In the recent past, ECJ  used the North Sea Continental Shelf ruling to show that member states have independent rights regarding the nearby continental shelf, hence acts done on the continental shelf be considered as attempts of applying the European Union law. In the continental shelf, the ICJ made a ruling that coastal nations have the rights to extend their territory under the sea to exploit water resources.                                                                                                                       

In a bid to promote judicial discussion, both ICJ and ECJ are involved treaty of law. It is significant to note that treaty of law is important to EU because it is not a party to the law of treaties of Vienna Conventions[17]. Moreover, in the 2015 Evans Case, both courts used case law as the basis for guaranteeing that the rule depicts customary law.

By and large, in ensuring an interface in the judicial dialogue, ECJ, and ICJ when making a ruling involving public international law, in particular, ECJ instead of using on its interpretation of international law, it refers to ICJ decisions. Therefore, ECJ has comprehensively used ICJ as a platform for interpreting international law necessary in performing its roles.[18]

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Conclusion

In this paper, it became clear that the ECJ plays a critical role in resolving disputes between member states. The ECJ is also mandated with interpreting the European law and ensuring it is followed to the latter. On the other hand, the ICJ ensures the order is observed among the UN member states. Still the court has jurisdiction within the EU members. The ICJ offers checks on the exercise of transnational authority in their administrative and constitutional review functions.

The managerial analysis is a safeguard mechanism against prejudice or political interference in the application of the law. The ECJ, for instance, is dubbed as the court of justice in the EU. In the event of a conflict of interest, the ECJ institutes annulment proceedings. Indeed, both the ICJ and ECJ play a critical function[19].

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References

Klabbers, J. The validity of EU norms conflicting with international obligations. International law as law of the European Union. Martinus Nijhoff Publishers, Leiden and Boston, 2012.

Fathan, S. Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations. Indonesian Journal of International Law, 3(1), 2005.

Eckes, C. The Court of Justice’s Participation in the Judicial Discourse: Theory and Practice. The European Court of Justice and External Relations-Constitutional Challenges Hart Publishing, Oxford, 2014.

Rachovitsa, A, ‘Fragmentation or unity of public international law’revisited: analyzing the European Convention on Human Rights when the European Court takes cognizance of public international law norms (Doctoral dissertation, University of Nottingham),  2013.

Jacobs, F.G. Judicial dialogue and the cross-fertilization of legal systems: The European Court of Justice. Tex. Int’l LJ, 38, 2003.

Dolzer, R. and Schreuer, C. Principles of international investment law. Oxford University Press, 2008.

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De Búrca, G. The European court of Justice and the International Legal order after Kadi’(2010). Harvard International Law Journal, 51, p.1.

Rosas, ‘The European Court of Justice and Public International Law’, in J. Wouters, A. Nollkaemper and E. de Wet (Eds.), The Europeanization of International Law – The Status of International Law in the EU and its Member States, The Hague: T.M.C. Asser Press, 2008, pp. 71 2011.

Mendez, M. ‘The Legal Effect of Community Agreements: Maximalist Treaty Enforcement and Judicial Avoidance Techniques’, European Journal of International Law, 2010, pp. 83-104

Bickerton, C. European Union Foreign Policy: From Effectiveness to Functionality,   Palgrave, 2011 (forthcoming), Chapter 4.

Martin Shapiro, „The European Court of Justice‟, in Paul Craig & Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: OUP, pp. 321-347, at 332.

Neville Brown L, Tom Kennedy, Brown & Jacobs. The Court of Justice of the European Communities, London: Sweet & Maxwell 2000, p. 344

David Anderson & Marie Demetriou, References to the European Court (Second Edition), London: Sweet & Maxwell 2002, pp. 177-180.

Damian Chalmers, Christos Hadjiemannuil, Giorgio Monti, Adam Tomkins, EU Law: Text and Materials, Cambridge: Cambridge University Press 2006, p.       301.

Kokott & Cheryl Saunders (eds.), The Future of the European Judicial System in a Comparative Perspective, Baden-Baden: Nomos 2006, pp. 83-90.

Buergenthal, T “Proliferation of International Courts and Tribunals: Is It Good or Bad?” Leiden Journal of International Law (2001), 14: 267-275.

Hafner, G. “Pros and Cons Ensuing from Fragmentation of International Law”, Michigan Journal of International Law Vol. 25(2004), pp. 849- 863.

Martinez, S “Towards an International Judicial System”, Stan.L Rev. Vol. 56(2) (2003), pp. 429-529.

Stephens, T. “Multiple International Courts and the ‘Fragmentation’ of International Environmental law”, Sydney Law School Legal Studies       Research Paper No.07/14 (2007), pp. 227-271, at 23

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[1] C Eckes, The Court of Justice’s Participation in the Judicial Discourse: Theory and Practice. The European Court of Justice and External Relations-Constitutional Challenges Hart Publishing, Oxford, 2014.

[2] S. Cheryl (eds). The Future of the European Judicial System in a Comparative Perspective,

Baden-Baden: Nomos 2006, pp. 83-90.

[3] S Martinez, “Towards an International Judicial System”, Stan.L Rev. Vol. 56(2) (2003), pp. 429-529.

[4] T Stephens, “Multiple International Courts and the ‘Fragmentation’ of International Environmental law”, Sydney Law School Legal Studies Research Paper No.07/14 (2007), pp. 227-271.

[5] A. Rosas, ‘The European Court of Justice and Public International Law’, in J. Wouters, A. Nollkaemper and E. de Wet (Eds.), The Europeanisation of International Law – The Status of International Law in the EU and its Member States, The Hague: T.M.C. Asser Press, 2008, pp. 71 2011.

[6] J Klabbers, The validity of EU norms conflicting with international obligations. International law as law of the European Union. Martinus Nijhoff Publishers, Leiden and Boston, 2012, pp.111-132.

[7] G. Hafner, “Pros and Cons Ensuing from Fragmentation of International Law”, Michigan Journal of International Law Vol. 25(2004), pp. 849- 863.

[8] T. Buergenthal “Proliferation of International Courts and Tribunals: Is It Good or Bad?”, Leiden Journal of International Law (2001), 14: 267-275.

[9] F.G Jacobs, Judicial dialogue and the cross-fertilization of legal systems: The European Court of Justice. Tex. Int’l LJ, 38, 2003, p.547.

[10] L. Neville Brown, Tom Kennedy, Brown & Jacobs. The Court of Justice of the European Communities, London: Sweet & Maxwell 2000, p. 344

[11] A Rachovitsa, Fragmentation or unity of public international law’revisited: analysing the European Convention on Human Rights when the European Court takes cognisance of public international law norms (Doctoral dissertation, University of Nottingham),  2013.

[12] G De Burca, The European court of Justice and the International Legal order after Kadi’. Harvard International Law Journal, 2010.

[13] M. Mendez, ‘The Legal Effect of Community Agreements: Maximalist Treaty Enforcement and Judicial Avoidance Techniques’, European Journal of International Law, 2010, pp. 83-104

[14] S. Martin, The European Court of Justice‟, in Paul Craig & Gráinne de Búrca (eds.), The Evolution of EU Law, Oxford: OUP, pp. 321-347.

[15] R, Dolzer and C, Schreuer. Principles of international investment law. Oxford University Press, 2008

[16] P. Schiff Berman, ‘A Pluralist Approach to International Law’, The Yale Journal of International Law2007, pp. 301-329.

[17] S Fathan, Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations. Indonesian Journal of International Law, 3 (1), 2005.

[18] D. Chalmers, C. Hadjiemannuil, G.  Monti, and A. Tomkins, EU Law: Text and Materials, Cambridge: Cambridge University Press 2006, p. 301

[19] C. Bickerton, European Union Foreign Policy: From Effectiveness to Functionality, Palgrave,2011 (forthcoming), Chapter 4.

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Computer Hardware Essay Paper

Computer Hardware
Computer Hardware

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Computer Hardware

What has been the impact of faster and cheaper computers for personal and company use?

Faster and cheaper computers have altered not just how people communicate but also how companies conduct business globally.  The technological revolution has been advancing at a rate beyond the scale of human comprehension.  In our modern age, cheap and faster computers and computer hardware have made it possible for companies to setup online stores where customer with computers or smart phones can buy goods and services (Laudon & Laudon, 2012).

These computers must be connected to the internet to enable this level of interaction.  Companies like eBay, Yahoo, Apple and Amazon among others are the perfect example of what super-fast technology can do.  With online shops, people can now buy anything online, from houses, to cars to music, through to services.  Institutions of higher learning for instance, can now conduct their lessons online. While technology has also been destructive: destroying traditional businesses and obliterating jobs on the labor market, it has also made it easy for people to work from anywhere provided they have the required infrastructure.                

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Computer Hardware                                                                   

Computers have also made a security possible for companies and peoples. With CCTV cameras installed in companies and homes, it has become easier to deter robbery and identity theft among other things.  The mobile phone has been touted as the critical most transformational technology in terms global economic development (Laudon & Laudon, 2012). Poor farmers for instance, can verify not just the price for their perishable crops before harvest but also identify potential buyers. 

This enhances profit margin because they have access to the best information.  The mobile phone and the internet have altered the banking industry. With mobile and online banking, money can flow to people in remote places an aspect that fuels economic growth.  With the mobile phone, people can now make informed decision about medical services beforehand (Laudon & Laudon, 2012). Modern technology has made it possible for hi-tech companies to maximize profits times when brick and mortar companies remain closed. A case in point is iTunes which often sells millions of songs during Christmas day, a moment when brick and mortar stores are closed for the holiday.

What technological advances and benefits are driving the expansion in the use of personal computers?

There are a number of technological advancements and benefits driving the expansion in use of personal computers. Some of these developments include, increased speed of computer processors for the past 15 years, for instance, in 1998 IBM introduced experimental chips, which operate at about 1b cycles/second. Such chips are permitting higher processing ability of personal computers, and significant capacity to make non-personal computers with circuit applications.

Again, increased network speed in the recent development presents a platform of reduced transmission cost, enhanced bandwidth accessibility and greater ability of transmitting high-band width devices like video. The development of digital tools, which leads to the advances of other telecommunication technologies (Gallaugher, 2012). Moreover, advancements of wide area networks (WANs) and local area networks (LANs) in addition to routing and bridging abilities (Laudon & Laudon, 2012).

Computer Hardware

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The continuous development of routing abilities and similar protocols are increasing convergence of data and mobility. The convergence of data and mobility is increasing the internet capabilities and uses.                                                                                

Development of data and internet technology: Recent technologies like ATM and frame relay have the ability to reduce per-unit price while permitting economic access to many users. Furthermore, internet devices like video streaming, e-commerce ability, sophisticated browsers are contributing to not   only significant but also transforming the importance of the internet. Such varied uses strengthen technological advances by increasing the availability funding new ventures, thus provide increasing demands of users. 

The discovery of mobile applications that involves switching as well as transport abilities are enhancing internet connectivity at any place and time. For instance, the mobility of internet tools allow users to communicate in anyplace around the world. Also, in collaboration with Low Earth Orbit (LEO) devices prevent users from developing costly fixed-line networks (Gallaugher, 2012). The introduction of worldwide end-user-services has contributed to considerable interoperability from users, providers and global system integrators.

Computer Hardware

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What are the limitations of faster and cheaper computers?

Traditional integrated circuits (ICs) are processed in high tech companies whose solemn obligation is to produce ICs.  What makes those gadgets cheaper is the specialization in fabrication.  Pundits allude that the price of one transistor is equivalent to the price of single character in a newspaper.  The most powerful and efficient computer systems are those powered by miniature ICs. However, there is no technology and specialty to produce optical PC systems that are compatible to contemporary IC firms.                                                                    

Current modern IC processors are developed in what is known as the very-large-scale-integration (VLSI) or ultra-large-scale-integration (ULSI) (Simon and Cavette, 1996). A square millimeter of a computer circuit for instance, has millions of transistors in a given square millimeter.  On the contrary, optical components can be developed small and compact.  The current technology does not support the development of micro-optic integrated circuits for assembling a CPU or motherboard.  New developments will be needed in the future.   

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Currently, traditional CPUs and computer parts are processes with extreme precision and in huge charges by way of composite processes.  A change from the current assembly approach when it comes to the size of the chip platform to another size can generate problems.  Tiny optical components have to be developed rather exactly to function appropriately (Simon and Cavette, 1996).

While this precision is not realized, slight deviations may lead to massive issues diverting light beams. Personal Computers in our modern era have been assembled based on the Von Neumann design. The interface, which is an operating system, is programmed to correspond this platform.  Optical PC systems use a completely different architecture concerning the parallelism of the system. These two different architectures have application programs that are incompatible.

References

Laudon, K., & Laudon, J. (2012). Essentials of MIS. (10th Ed.). Learning Track 1: How computer hardware and software works. Retrieved from http://wps.prenhall.com/wps/media/objects/14071/14409392/Learning_Tracks/Ess10_CH            04_LT1_How_Computer_Hardware_and_Software_Work.pdf

Laudon, K., & Laudon, J. (2012). Essentials of MIS. (10th Ed.). Learning Track 6: Technology drivers of IT infrastructure evolution. Retrieved from http://wps.prenhall.com/wps/media/objects/14071/14409392/Learning_Tracks/Ess10_CH            04_LT6_Technology_Drivers_of_IT_Infrastructure_Evolution.pdf

Gallaugher, J. (2012). Information Systems: A Harnessing Guide to Information Technology. FlatWorld Knowledge. Gallaugher Chapter 5 – E-textbook

Simon, Joel; Cavette, Chris.  (1996) “Integrated Circuit.” How Products Are Made. Retrieved January 20, 2016 from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-2896600062.html

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Operation Management Research Paper

Operation Management
Operation Management

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Operation Management

Introduction

Many companies emphasizes mostly in operation management. They are mainly alarmed with the company’s planning, organizing, supervising as far as manufacturing, production and other service are concerned. The operation management departments ensures that the company inputs are been transformed to outputs at an efficient and effective manner. Operation management runs across two fields of operations.

That is the supply chain management and the logistics. It helps the operations mangers to have the knowledge of comprehending the current supply chain management so that they can meet the clients demand in a timely manner. As far as logistics is concerned, the operation managers are very keen when using the resources available on a cost effective basis.

An operation manager is mandated to know all the process of a company. Comprehending them make it easier for the operation manager to run them swiftly. Also, the operation manager must have the supply chain skills to run this operations and the skills related to logistics in order to integrate both the coordination and know-how of the organization work. This will make the operation manager to be successful when running company’s processes, (Gunasekaran, and Ngai, 2012).

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Kolak snack food limited is known to be the leading manufacturing company for snacks and crisps based products. Been the leading company, Kolak understands the interests of the company working in food services, retail, catering, cash and carry and specialty food sector to work with their trusted suppliers. For this reason, they have committed themselves by give their customer’s quality services from the sales of innovated crisps and snacks.

Putting the customers at their heart of operation, Kolak has been to grow and develop rapidly since 1984 and it is well known for its quality and flexible services and products for been the largest crisps and snack producers in Europe. The company has invested heavily in thee infrastructure with manufacturing machines and in people to. They aim at considering the finest inputs, flavors and ingredients and also restructure their supply chain so that they when they purchase their input, they do it at a cost effective way.

They consider their customers taste and preferences and when their customers select the brand of products they want, the company assure them of what they need since they have the experts, resources and they aim to deliver at a cost effective manner.

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With such a reputation, Kolak Company need to have a competent operation manager to ensure that the company brand name is maintained. Operations managers have a vital role in a company. They are meant to put everything in equilibrium according to the company policies and processes that run along all the company department.

Also they are meant to foresee the company’s plans on its onsite operations, (Burke, 2013) When launching a new product in the market, the operation manager should be flexible to coup up with challenges that will come with the product development and market development.  Some of the challenges the operation manager will have to deal with include the following, (Dekker, Bloemhof, and Mallidis 2012)

Competing practices- a new operation manager will find it difficult to manage a business that is highly competing in the global market and also that have competing activities within the company.  Various business procedures of the firm can have disadvantageous results on the company’s actions when they challenge the efficiency of the company distributing quality products and services. However, using the Kolak Company brand name, it will be easier for the operation manager to win the market since the company is well established.

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Sustainability-the operations manager have a task of coming up with long term customers and maintaining them, formulating a long term strategies employees that help them coup up with the company political, economic, socio-cultural, and technological environment. The strategies formulated is meant to minimize the negatives effects by eliminating wastes which aims to reduce the wellbeing of the clients.

The operation managers may face this challenge because the environment work are seemed to be more insular, (Teittinen, Pellinen, and Järvenpää, 2013). By doing so, the company can secure an opportunity that they should implement to the fullest and be in a position to meet the client’s needs.

Corporate reporting-in many organizations, the operation managers are accountable for issuing corporates reports to the top management. The reports given includes performance and financial data and they are involved to communicate this information to the shareholders. The challenges they face is when the company has not kept up to date and accurate reports for the business.

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Social responsibility-the operation managers oversee on how the organization is interacting with the community at large beyond the fact that they want them to buy the products. It becomes a problem to the operation manager to be able to organize projects that aims at involving the community to show them that the firm recognizes them and they are concerned about them and their customers beyond making profits and create awareness of their business and keep its brand name, (Tano, and, Data Tec, 2013)

 A new manager is be able to accomplish a fast fluctuating commercial and technological environment. To do so, the new manger should be able to address to the human side in a systematic way. It will involve the manager emphasizing on the transformation of peoples issues. The managers will have to step out of their cocoon, develop new skills and abilities and convince the employees on their tasks to handle.

The manager should be able coup up with the change and involve all the stakeholders, integrate all the changes and formulate a strategy that will help them to make an informed decisions. The strategic direction taken by the manager should be realistic and must be congruent to the company history and must be flexible enough to a capacity of a change, (Pérez-Feijoo, Martínez-López,  and García-Ordaz, 2015). For example the Kolak Company operation manager should try to use the product’s strength in order to overcome this changes and make their brand name to be well recognized and keep their reputation.

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Also, the manger should start at the top since change in an organization is unsettling for staff. The manager should come up with a new approach that will motivate the employees and at the same time challenge them. The approach should limit the employees from looking upon the top management team for direction, support and strength. 

The manager should be able to work with other people so that they analyze vividly on the direction they have to take for change, be able to comprehend the behaviors and the culture the change is inducing to the organization, and be able to find a solution to those changes, (Lunenburg, 2012). The new operation manager at Kolak Company should be able to communicate the dynamic changes that are facing the company operations. With a flow of communication, it will become easier for the company to know how they will deal with the internal or external environmental issues affecting the business.

In addition, the manager should involve every department of the company. The changes in the company running involve the changes in the company’s reengineering their plans and coming up with new targets that are to be implemented. The transformation of company activities must be part of the strategies that identify the management in the company and be able to roll the change down to the staffs so that they can help implement the changes throughout the organization, (Cameron, and Green, 2015.).

The changes that may be facing the Kolak Company may be outside their reach. The operation manager should involve every member of staff in order to come up with a plan that will help the company to adopt and coup up with the changes but keeps the company’s vision alive.

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The manager should make the change process as a formal case. To avoid questioning by the staff, the manager have to formalize the changes and write a new vision statement that will help create team work, (Scarbrough, and Corbett, 2013.)

The manager will to operate in a changing environment, should be willing to overwork during the time of change and be a fanatics who is willing to launch a serious figure amongst the work force in the kindness of change. The leader must be willing to own the company responsibility for overseeing change and coping with it in all the company’s department. The ownership by the manager will involve people who will help recognize problems and come up informed solutions.

The manager must be willing to motivate the so that they can work effectively and efficiently. Failing to coup up with the changes, the Kolak Company will face a bigger threat from any political, economic, social, technological, and ecological conditions that will hit the company unexpectedly causing a change in their operations.

The mangers who operates in a changing environment of commercial and technological change, should be able to communicate the message to the entire stakeholders. A good flow of communication from the top management to the junior staffs is aimed to communicate and pass the right information to the employees about the changes at the right time through communication from multiple and terminated networks, (Hayes, 2014).

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Lastly the manager is expected to prepare and plan for the unexpected. The manager should always review the company operations on their impact on a day to day activities. This will help the management to fully adopt to any unpredictable transformation.

Kolak Company have to formulate a strategy that’s abide to its marketing operation. The strategy may be as follows, (Bettis, Gambardella, Helfat, and Mitchell, 2015)

Operating location– The Company should come up with a strategic place where it is aiming to develop a market for its product. The decision about the market should be independent and should make sense regarding the company operations.

Customer analysis-the company through the marketing department should carry out analysis for developing their target market and gets the know-how on what their customers really needs. When a bigger number of customers are happy with the product offered, then the demand will vary as per the needs of them, (Lee, Chiu, Y.L, Wu, and Liu, 2014)

Competition analysis-the company should be able to analysis and understand the competition in the market.  This will help to create a distinction with their competitors operations.

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Analysis of capability and system of one’s own company– it will be of necessity when the company will have to achieve a continuous and a continuous abilities and also be able to come up with a stable system in order to offer a endless value to their client and show a different approach as compared to what the competitor is offering, (De Mooij, 2013)

Setting Quantitative targets– the company will set up a target they are aiming to achieve by the end of a certain period. The target will go hand in hand with the customers’ needs and if there is any change, the operations should be evaluated amicably, (Jain, 2014)

Aiming in context with the divisional strategies– each department in the organization should come up with their own plans that will help push the project onward.

Performance analysis-this will involve analyzing the gap between the desired performance and planned performance. It will encompasses on analyzing of the company historical performance that will help to forecast on future performance.

Choice of strategy– after a careful assessment of company goals, strengths, potential and limitations operations, the best alternative and strategy that will be congruent to the vision of the company will be implemented, (Gunasekaran, and Ngai, 2012)

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SWOT analysis

Kolak Company is best known for its snacks products. Producing another health product to the market will be a significant role to play since the company is well known by its brand name and the quality products it offers to its clients that come with efficient and effective services.

In the new market, the target market are the young populations who goes for snacks products. The company must be willing to meet the clients taste and preferences and fulfil they request when they order a special type of snack.

The company beliefs that the customers are the heart of the business. It means that the new product established will be according to the customers’ needs and it will be health so that it does not affect customer’s health issues.

The new product should be launched into a market where there is demand for a particular product. The company should be able to analyze the market gap in all its global markets and see an opportunity that will make them fulfill their target.

After establishing the customers’ needs and seizing an opportunity, the company will have to employ a competent person who will manage to administer quality services to the customers and be creative enough to know what the taste of the customer is. Also, the location of the business should be strategically placed such that it becomes easier to produce product with the new technology and also easier to distribute the products. With this, it will be easier to make profits due to better know how of the market, (Hollensen, 2015.)

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PESTEL Analysis

The Kolak Company should set up the market for the new product where there is political stability. This will ensure that the business is running swiftly and there is customers for the product.

Establishing a business in a political stable market, the Kolak Company is well assured that the economy of the market is stable and they make sales for their products.

The company should be socially responsible. They should interact with the community beyond the aspect of making profit. This will make the company to be well established and in return will be able to make maximum sales

Due to advanced technology, the company should set up the market for the new product where there is availability and accessibility of latest technology that will help them with ease of production, (Rachet, 2014)

The Kolak Company should develop a market in an environment that best suit its products and will be convenient for its customer’s hygiene.

To come up with a market, the company will have to adhere the government rules and regulations and it should have proper documentation before it starts operating.

It can be summarized that operation management in a company is well concerned with control, redesigning, the organization operation in the productions of goods and services. The operation manger should be competent in a way that he or she is very keen to ensure that the operations are handled in an effective way and at cost effective when meeting the customer’s needs.

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It can be concluded that the operation manager is the key person who is at the higher notch of maintaining the company operations. Any misinformation by the operation manger will eventually leads to unpredicted changes and this will alter with the company progress because of dynamic unexpected changes that may lead to the company incurring various cost when trying to control redesign, and oversee the company operations running swiftly. , (Belleflamme, and Peitz, 2015).

Having a competent operations manager, Kolak Company will be able to launch its new product in the market. Following the operation strategy and the operations manager has the skills of supply chain management and logistics, the company will develop the new product and develop a new market which it will be able to meet the customer’s requirements effectively and efficiently at a minimum hurdle rate.

It can be recommended that Kolak Company can launch the new product into the market. Having analyzed the market fully and the customers at the same time, the company through the operation management team can spear head the launch of the product that will be of high quality and will satisfy the customer taste and preferences.

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References

Belleflamme, P. and Peitz, M., 2015. Industrial organization: markets and strategies. Cambridge University Press.

Bettis, R.A., Gambardella, A., Helfat, C. and Mitchell, W., 2015. Qualitative empirical research in strategic management. Strategic Management Journal, 36(5), pp.637-639.

Burke, R., 2013. Project management: planning and control techniques. New Jersey, USA.

Cameron, E. and Green, M., 2015. Making sense of change management: a complete guide to the models, tools and techniques of organizational change. Kogan Page Publishers.

De Mooij, M., 2013. Global Marketing and Advertising: Understanding Cultural Paradoxes: Understanding Cultural Paradoxes. Sage Publications.

Dekker, R., Bloemhof, J. and Mallidis, I., 2012. Operations Research for green logistics–An overview of aspects, issues, contributions and challenges. European Journal of Operational Research, 219(3), pp.671-679.

Gunasekaran, A. and Ngai, E.W., 2012. The future of operations management: an outlook and analysis. International Journal of Production Economics, 135(2), pp.687-701.

Hayes, J., 2014. The theory and practice of change management. Palgrave Macmillan.

Hollensen, S., 2015. Marketing management: A relationship approach. Pearson Education.

Jain, S.K., 2014. Impact of advertisement on the consumer behaviour a case study of some selected fmcg products in union territory of chandigarh.

Lee, T.W., Chiu, Y.L., Wu, Y.S. and Liu, H.S., 2014, September. An intelligent image-based customer analysis service. In Network Operations and Management Symposium (APNOMS), 2014 16th Asia-Pacific (pp. 1-4). IEEE.

Lunenburg, F.C., 2012. Organizational structure: Mintzberg’s framework. International journal of scholarly, academic, intellectual diversity, 14(1), pp.1-8.

Patel, S.R., Hayes, A.L., Blackwell, T., Evans, D.S., Ancoli-Israel, S., Wing, Y.K. and Stone, K.L., 2014. The association between sleep patterns and obesity in older adults. International Journal of Obesity, 38(9), pp.1159-1164.

Pérez-Feijoo, H.M., Martínez-López, F.J. and García-Ordaz, M., 2015. Potential benefits of employee portals in public administrations: implementation and proactive behaviour towards the organization. Atlantic Review of Economics, 1, p.1.

Rachet, B., 2014. PESTEL analysis and Porters Five Forces For Innocent Drinks Company. Docs. school Publications.

Scarbrough, H. and Corbett, J.M., 2013. Technology and Organization (RLE: Organizations): Power, Meaning and Deisgn. Routledge.

Tano, M., Data Tec Co., Ltd., 2013. Operation management device to be mounted to a moving object, portable information terminal, operation management server, and computer program. U.S. Patent 8,421,864.

Teittinen, H., Pellinen, J. and Järvenpää, M., 2013. ERP in action—Challenges and benefits for management control in SME context. International Journal of Accounting Information Systems, 14(4), pp.278-296.

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Financial Position Reporting: Balance Sheet

Financial Position Reporting
Financial Position Reporting

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Financial Position Reporting

Balance sheet

The balance sheet captures the current financial position of the NGO. Net assets should balance with the liabilities and equity since the each of the asset is funded by the resources contributed by members and other sponsors. The statement should provide a snapshot of the assets, liabilities, and net assets as the specified date. Gabel’s statement of financial position gives detailed information about the financial position of the company as indicated by the figures. It has the assets section, the liabilities section, and the equity section.

Each fixed asset should have its book value minus the depreciation to get the current net value. By giving the value of the asset in a different line with its total depreciation value makes the balance sheet untidy and crowded making it hard to analyze (Elizabeth, 2010). The net of the fixed asset is the one used to analyze the current financial position of the organization. It is therefore important to indicate the net of the fixed assets to avoid confusion. Deductions and accruals should just indicate the total amounts instead of individual amounts since the receipts will be attached to the statement to avoid congesting the statement.

Since the company is a non-profit, the balance sheet should only indicate the assets and the liabilities. The assets and liabilities are the values used to indicate the financial position of the organization and not the equity hence the net income and equity are not inclusive.

Also, it is important for the accountants to indicate the previous year’s balance sheet values for comparison purposes. The current values should be shown against the previous year’s or, at least, the past three years to make the analysis of the statement viable. When the values of two periods are shown,  it makes it easy for analysts to make comparisons and understand the changes that may have taken place to get the current balance sheet values.

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Income Statement

The statement is used to give information regarding the operating activities of the organization from one date to another. It gives information pertaining the revenues and expenses during a particular time, and it’s useful to forecast future activities. For NGOs, activities are measured as received and used contributions. The statement is divided between temporary, restricted, unrestricted, and permanently restricted activities.

Recorded revenues should be classified into one of the four activities based on the donor’s intent. Expenses should be divided into the program, administrative, and fundraising expenses. Revenues are either in the form of activities, membership dues, program revenues, special event and investment income. By categorizing revenues and expenses in the different classification, it provides for better analysis as well as being in line with the global accounting standards.

Gabel’s statement does not give columns for the different activities under income and expenses. By generalizing the revenues and expenses and indicating their categories randomly makes it hard for analysis and is not in line with the required reporting standards. It is also important that the statement also records prior year values for comparison purposes. Categorizing each activity and expense into the section they fall helps stakeholders identify gaps in the company for improvement.

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Statement of cash flows

Statement of cash flow is used to record the cash inflows and cash outflows over a specified period. The statement is divided into three sections: cash flows from operating activities, cash flows from investing activities, and cash flows from financing activities (Ron, 2013). The total amount from the three sections gives an explanation of how the cash flow from the beginning of the period was converted to the balance at the end of the operating period.

Gabel’s statement should show the net cash for each of the sections and sum up the amounts resulting from same activity instead of detailing each activity. The statement is supposed to provide an overview of the cash flows to make it easy for reporting.

Accrual accounting

NGOs have a stringent requirement of using the accrual method of accounting as per the Generally Accepted Accounting Standards (Elizabeth, 2010). The accrual method records revenues when earned and expenses when they have been incurred. By using the accrual method, an organization can indicate its current financial position in a pronounced manner than the cash accounting method.

As an NGO, it is possible to get donors that offer to donate at a later period and when the amount is recorded, it gives the organization a stronger financial position. If Gabel uses the accrual methods, it can recognize pledges of donations and income when they have been made and record cash when it has been received making the income higher than if it used the cash accounting. Cash accounting only considers income when cash has been paid and expense when the amount has been disbursed making it hard to present the current financial position of the organization.

As long as a transaction is to take place and all the necessary conditions have been met then it should be recorded in the financial statements. With addition of statement of activities to the three financial statements, the company should apply accrual accounting to all its recordings not only to meet the required regulations but also to enable stakeholders have a correct view of the current financial position of the firm.

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Recommendations

1.    Gabel’s Company should increase its campaigns to reach to more people hence increase its chances of donations. Though the company has net profit, it has a lot of activities it requires to attend to and perform using its wide assets base. Through fundraising campaigns, more donors will be attracted to pay and if they are followed up, they may end up increasing the contributions amount hence increasing the net realized income.

2.    Another method the company can use is to increase member’s contributions and subscription fees as well as holding part of dividends to investment in rentals. The amount contributed by members can be added up at a small percentage with respect to individual member’s contribution and set of activity. If each member’s contributions is increased by a small margin, the total amount will subsequently increase helping to cover up for the administrative and other expenses to have a high income at the end of the period.

3.    The company should also dispose of some of its unused assets before they lose their value. The amount generated can then be used to invest in some of its productive investment activities. There is a lot of available assets that may be disposed of to increase the net income. Some of the depreciating assets should be sold and a portion of the land rented out or even sold to raise extra income for the company to facilitate its daily operations.

References

Elizabeth, 2010. How to assess non-profit financial performance. Retrieved from:  http://www.nasaa-arts.org/Learning-Services/Past-Meetings/Reading-5-Understanding-Financial-Statements.pdf

Ron, 2013. Cash flow statement for NGOs. Retrieved from: http://smallbusiness.chron.com/purpose-cash-flow-statement-nonprofit-organization-11283.html

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Qualitative EITI Reporting

Qualitative EITI Report
Qualitative EITI Report

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Abstract

This report therefore seeks to examine the role of the civil society in ensuring a qualitative EITI report. This can be seen in the manner in which revenues generated from the minerals and oil is in this case utilized in the transformation of different economies with the aim of reducing poverty and raising the standards of living for different population in resource-rich nations.

The Role of Civil Society in Ensuring a Qualitative EITI Report

Introduction

The purpose of this report is to establish the involvement of the civil society in determining an EITI qualitative reporting. The paper will critically establish the functions of the civil society the process of EITI qualitative reporting. It is vital to consider that states that incorporate the element of EITI make a commitment to strengthen the aspect of transparency in the revenues generated from its natural resource revenues. The citizens of these states are also accorded the responsibility of holding the state and the government accountable on how these resources are dispensed (Disclosure as Governance 2010). This aids in the building of prosperous and stable societies that function in an effective manner in the global economy.

On the other hand, much of ETI’s development is owed to the civil society. This clearly depicts the fact that without the existence of the civil society, ETI would not be functional. This is attributed to the fact that the civil society makes concerted advocacy approaches that sees the extractive companies publish their payments to the host governments. Consequently, close to 400 civil society organizations have been committed to the participation of governance through the implementation of ETI in resource rich states around the globe (Sovacool, & Andrews, 2015).

ETI in this case incorporates and approach of governance that advances the element of revenue transparency within the mining, gas, and oil sector through an approach that stresses the need of multi-stakeholder approach with integrated roles of the civil society, the governments and extractive companies (Topal, & Toledano, 2013). Thus the key elements of the success of this approach lies in the ability of developing dialogue that fosters the collaboration between different players in the development, monitoring and evaluation of EITI process. The engagement and functions of the civil society occurs in its approach aimed at overseeing the implementation of EITI in countries and within the international EITI board (Lehrer, & Delaunay, 2009).

EITI Background

In 2002, at the World Summit for Sustainable Development, United Kingdom’s Prime Minister Tony Blair launched the EITI process as the future global transparency standard.  As a coalition of different stakeholders came together, expectations were heightened towards believing that through governance and accountability, nations, companies and other players in the economy would improve their share of revenues being spent on economic growth and poverty reduction.

In this case, the process of EITI has been promoted in international development agendas as an instrument that will finitely establish and develop the resource-rich countries to reap the benefits of their resource endowments, a factor that has exhibited excessive expectations about the impact it could have. The G8 has critically emphasised its support for the EITI process, by initiating effective approaches aimed at improving its transparency, accountability, and good governance and thereby leading to sustainable economic growth in the extractive sector.

The EITI Principles

According to Aaronson (2011), the EITI principles were first initiated in conferences that were held in London in 2003. During these conferences, several states, investors and civil society organizations reaches a consensus on the principles that were required in order to establish transparency over the payments of revenues in the extractive sector (Murphy, 2012).

The EITI aspect holds on the belief that prudence should be a key aspect in the use of natural resources for the development of a sustainable economy and development that would in turn impact poverty reduction approaches (Aaronson, 2011). If the proponents of EITI are not fairly management, this would result in a negative economic and social impact.

EITI on the other hand acknowledge the initiatives directed towards managing wealth that is gained from natural resources with the aim of benefiting the citizens of a state within the domains of sovereign governments, a factor that needs to be initiated within the interests of a national state (Sovacool & Andrews, 2015). EITI also takes into consideration the benefit accrued from the extraction of mineral resources, occurring over a revenue stream for a period of time, a factor that depicts the high dependency on the prices (Aaronson, 2011).

Benefits for Local Communities and Civil Society Organisations

The local community is considered to be the single most beneficiary of the benefits that arise from the increases in revenues. This can be viewed in the efforts that have been developed to ensure resource accountability through good governance, and justice, with the aim of mitigating the element of corruption are promoted and reinforced (Aaronson, 2011). The civil society organizations are also considered as part of the beneficiaries of these efforts as seen in the improved relations developed to influence governments and companies in the process. This can be viewed in their efforts directed towards:

  1. Increasing the opportunities aimed at building and strengthening different networks with the international organizations and investors.
  2. Strengthening public institutions.
  3. Enhancing governance and citizens who are aware of the empowerment.

The climate of transparency is one that ensures the civil society groups are empowered.  An instance of this can be viewed in the implementation of EITI that facilitates the public participation in governance and improves the access to information for civil societies. The local community is aimed at profiting from the increases in revenues. The element of justice, accountability, good governance are promoted and reinforced with the aim of mitigating corrupt practices during the process (Aaronson, 2011).

The Role of Civil Society in EITI Reporting

As argued, the solid involvement and participation of the civil society is considered as essential since it has the capacity to better implement and a reinforce the initiation of a high quality EITI reporting approach. Participation of the civil society needs to be observed in the delivery of EITI results that go beyond the principles of dialogue and the dissemination of reports (PR, 2013). Engagement of the civil society’s in ensuring a qualitative EITI report occurs at different levels that include:  the international EITI Boards and the states that implement the EITI process as part of the multi-stakeholder groups that have the capacity to oversee the EITI (Holden, & Jacobson, 2007).

The civil society as attributed in the process has the powers and initiative to discuss and establish the genuineness of the aspects of revenue transparency and increasingly contribute their experiences and expertise in fostering dialogues with different stakeholders. In some states, the civil society groups are considered to be in the forefront in popularizing EITI. In other regions, the civil society works in supporting legislative processes that are directed towards the strengthening and advancing of the states the agendas on resource and revenue transparency (Holden, & Jacobson, 2007).

This clearly depicts that the role of the civil society has the capacity to monitor and engage in the implementation of national dialogue in addressing some of the issues that are not covered directly by EITI such as the use of revenues that are accrued from the extractive sector.

Experiences that emerge from the implementation of EITI clearly shows that the civil society groups are bound to face several challenges within a state’s level that include the lack of capacity constraints, the lack of resources and other security issues (Pal, & Pantaleo, 2008). EITI Board has a functionally developed range of policy responses that are determined in the strengthening of the EITI requirements aimed at ensuring the civil society groups are fully interdependent and are provided with the opportunity to get engaged within the stages of EITI process.

Within the context of governance and development, the civil society is considered as a third sector that is distinct from the business and government that are functioning as an intermediary institution in ensuring that the issues that deal with the interests of the public within the public domain are coordinated through advocacy (Pal, & Pantaleo, 2008). The goal of this is to ensure these issues are addressed and effectively implemented in order to serve the common interest and good of the society

The non-governmental organizations through their involvement and activities, strong beliefs and principled positions voice out their views and positions to the sectors of the society through an approach that promotes discussions, debates, and constructive engagements. These roles are developed to enrich the public’s participation in the decision-making process thus strengthening good governance, accountability and democratic principles (Frynas, 2010).

These reasons therefore determine the manner in which the concepts of EITI are developed and built through an approach that engages a multi-stakeholder approach. This approach involves several key players such as the government, the civil society and other companies who play different roles in the EITI process. The civil society plays an integral role in reforming the EITI process even in situations where these roles are unclear in several implementing countries. The roles of the civil society would also include:

Identification

The civil society organizations beside the aspect of dialogue also share the view that it is their responsibility to identify the key issues that are within the interest of the public and that relate to the mandate of the EITI process that are directed towards extractive revenue transparency, the process of governance and ensure that the identified issues are addressed and brought within the public domain for debate and dialogue (Calland, & Bentley, 2013). Some of the issues that the civil society organizations clearly focus on include the process of leasing, oil block allocations, bidding rounds, the issuance of mining licenses, physical, financial and process management, the environmental standards and so on.

Agenda Setting

The civil society is different states consider the aspect of agenda setting as their traditional responsibility and a primary tool of their engagement (Calland, & Bentley, 2013). Under these roles, the civil society organizations identify some of the issues that are related to the EITI mandate and use these issues to set national and international agendas for the publics discourse, debate and engagement with the governments and the extractive revenue companies with the aim of improving the aspect of governance through a transparent process and accountability that is done through the use of EITI frameworks.

Public Education and Enlightenment

The element of public education and enlightenment in this case is another role of the civil society even though individuals tend to think these needs to be left for the media alone (Shenton, & Hay-Gibson, 2009).

Agents of Social Mobilization and Change

The civil society organizations also makes use of the fact that for the process of EITI to secure the public’s interests required within the sector, there is a need of providing a supporting role-that of acting as the agents of social mobilization and change (Mejía Acosta, 2013). In this case, it is essential to consider that these roles include the sustained mobilization of the opinions of the public with the aim of advancing the course of the EITI process within the areas of legislative processes and policy formulations. These are known and have been considered to come in the form of peaceful protests, resource mechanization and petitions.

Monitoring and Oversight

It is additionally essential to consider that the civil society organizations are also tasked with the responsibility of monitoring the processes and programs of EITI including the policies and the unfolding events within the extractive sector and ensure that accurate reports and facts are provided with the view of directing the appropriate course of action that can improve the process of governance (Mejía Acosta, 2014). The monitoring and oversight in this case needs to be community based and people driven, In order to carry out these functions in an effective manner (Caspary, 2012).

Advisory

Advisory in this case gives the position of the civil society organizations as some of the professionals within this field that offer fair, profound, qualitative and constructive advice to the EITI processes and in the implementation of an effective EITI process (Mejía Acosta, 2014). The EITI Board in this case needs to be open to advices within the areas of their operations and publicly acknowledge the contribution of the civil society within the EITI process.

Whistle Blowing

The civil society remains in a better position to blow the whistle in the event that extractive revenue transparency functions of the EITI process are not clearly following their mandates. This would therefore see the civil society active is in the exposition of fraudulent practices, process lapses, bribery, corruption, and dishonest dealings with individuals at any stage within the EITI process (Magner, 2015). The functions of whistle blowing as conducted by the civil society may also be used to attract and draw the attention of the areas that have achieved poor performance and that have been neglected and the failures in the rise of statutory responsibilities (Mejía Acosta, 2014).

Observation

The civil society has the mandate of taking up the roles of being the observers within certain activities in the EITI process in consultation with the Board and the secretariat. These roles also include the formulation of procurement processes for some of the projects, budget preparations, the development of annual work-plans, and meetings held with the public in situations that are advisable (Eigen, 2013).  In performing these roles, civil society organizations are considered to have the right to engage in independent reporting of these events and give EITI Board the opportunity to make their final comments on these reports before they are disseminated.

Feedback

The role of the civil society in providing feedback in this case is considered as essential and desirable within the processes of EITI (Mouan, 2010). Many of the civil society organizations in this case draw from professional groupings, coalitions, and clusters and take up the full charge and role of providing adequate feedback to their states through a process that extends to the larger publics interests with the aim of addressing the issues of interests.

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Examples of Restricted Civil Society Group Cases

It is essential to establish that there are a number of examples that depict the restrictions of the civil society in the process of EITI. In one of the illustrations, the government of Congo can be viewed in the detention and trial of two Publishers Brice Mackosso and Christian Mounzeo who tried to publish the state of the nation as opposed to the governments view.

In other countries such as Equatorial Guinea that believe in the authoritarian style of leadership, the situation is conceived to be worse. In Guinea, the President then-Teodoro Obiang Nguema and his government have overtime been criticised by NGOs and other civil society organizations for placing restrictions on the basic civil and political rights, such as freedom of expression.

This therefore determines the fact that the space civil society involvement through activism on issues corruption and transparency remains non-existent as viewed in this states (PWYP, 2006). However, it is essential to determine that a government only has the capacity and power to restrict supporters who contend for transparency in a more discreet way.

For instance, this can be seen in the case of Nigeria where Nuhu Ribadu, who was considered as the head of t Economic and Financial Crimes Commission (EFCC) then was forced to resign and requested to attend a one year course in policy studies in consideration of the fact that the EFCC had come too close to top policy layers and had arrested several governors for corrupt practices (The Economist, 5 January 2008).

Civil Society is not Strong and Independent enough to take on the Responsibility that EITI Implies

In as much as the formal structure of the EITI process suggestively gives that governments responsibility for the implementation of the EITI process, much responsibility is put on civil society. Civil society in this case is given the power and autonomy to pressure the governments to join their initiatives. Civil society has the power to scrutinise and request for clear information of the figures presented in the EITI reports (in spite of the fact that most reports reveal very limited information), and to determine the manner in which the finances are utilized by the organisations extractive sector works, the payment types utilized, the relevant government receiving the payments and the accountability of these payments.

The list of the expectations from the civil society organizations remain long and for the countries in need of the EITI. In considering that the extractive sectors are, legally, technically and financially complex makes this approach difficult to achieve. In general, the EITI process requires an environment of justice and accountability in order to be implemented.

This therefore requires an environment where the civil society is empowered in knowledge and is considered as independent with the leaders within these organizations elected through a transparent approach that inclusively engages the democratic powers of the system. There is a need of ensuring that there are no conflict of interest that arises between the government, citizens, and the extractive industries.

The voices of the civil society organisations as viewed in this process can be alleged to affirm these organizations limitations within the EITI framework. Aaronson (2008) notes in several countries, the multi-stakeholder approach are an essential element that inhibits these organizations in the departure from the prevailing institutional and political norms. As a result of this, the civil society is incapacitated to effectively participate in the EITI process. In some states, the nongovernmental organisations (NGOs) are considered as autonomous since government officials are given the tasks of appointing the stakeholder groups rather than giving the citizens and NGOs opportunities to choose their representatives.

Discussion of Results

It is arguable that the civil society besides engaging in dialogue within the EITI process is also engaged in several other processes. An instance of this can be viewed in the implementation of EITI that facilitates the public participation in governance and improves the access to information for civil societies (Mouan, 2010).  The local community in this case benefits from the increases in collected revenues that are channeled in projects, while of justice, accountability, and good governance on the part of the civil society are promoted and reinforced. The engagement of the civil society occurs in overseeing the implementation of EITI in countries and within the international EITI board (Walden, Jerome, & Miller, 2007).

Recommendation

Beside the aspect of dialogue, the civil society also shares the view that it is their responsibility to identify the key issues that are within the interest of the public and that relate to the mandate of the EITI process that are directed towards extractive revenue transparency, the process of governance and ensure that the identified issues are addressed and brought within the public domain for debate and dialogue (Frynas, 2010).

Within the context of governance and development, the civil society is considered as a third sector that is distinct from the business and government that are functioning as an intermediary institution in ensuring that the issues that deal with the interests of the public within the public domain are coordinated through advocacy.

Conclusion

In this reports, it is established that in 2002, at the World Summit for Sustainable Development, United Kingdom’s Prime Minister Tony Blair launched the EITI process as the future global transparency standard.  As a coalition of different stakeholders came together, expectations were heightened towards believing that through governance and accountability, nations, companies and other players in the economy would improve their share of revenues being spent on economic growth and poverty reduction.

As determined in this report, the EITI in this case provides a governance approach that advances revenue transparency within the gas, mining, and oil sector through an approach that stresses the need of multi-stakeholder approach with integrated roles of the civil society, the governments and extractive companies.

The solid involvement and participation of the civil society leads the way in the implementation and a reinforcement of high quality EITI reports. This can be achieved when the civil society in this case has the capacity to discuss the aspects of revenue transparency and increasingly contribute their experiences and expertise in fostering dialogues with different stakeholders.

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