ECJ and ICJ Roles Compared

ECJ and ICJ Roles Compared
ECJ and ICJ Roles Compared

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ECJ and ICJ Roles Compared


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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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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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.


Laudon, K., & Laudon, J. (2012). Essentials of MIS. (10th Ed.). Learning Track 1: How computer hardware and software works. Retrieved from            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            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

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Qualitative EITI Reporting

Qualitative EITI Report
Qualitative EITI Report

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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


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:


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 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).


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.


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).


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.


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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PR, N. (2013, August 29). Caracal Energy Inc. – Caracal Listed as a Supporting Company of the EITI. PR Newswire UK Disclose.

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Mayo Clinic’s Utilization Management Program

Utilization Management Program
Utilization Management Program

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An Overview of Mayo Clinic’s Facility Utilization Management Program

Mayo clinic is a sophisticated health care organization, which runs a variety of health care facilities, medical schools, and health science schools in the United States (Kashyap et al, 2016). This organization has developed an elaborate healthcare facility management program, which is aimed at enhancing the functionality of its facilities and personnel by integrating the most qualified health specialists and staff with a well-designed and equipped environment. Mayo clinic provides health care services to millions of patients from within the country and outside at a reduced cost (Miller et al., 2014).

The health care provider has facilities that are located in some of the following areas; Rochester, Jacksonville, Minnesota, Phoenix, Arizona, Scottsdale and Florida. In fact, its clinical campuses in Rochester are regarded as the world’s most integrated clinical facilities (Kashyap et al, 2016). In Mayo clinic, facility utilization and management program is based on empirical and evidence based strategies, which are aimed at providing the clinicians and other health care service providers with a conducive work environment, and the clients with high quality services, depending on urgency, and in the most appropriate and efficient manner (Kashyap et al, 2016).

Facility utilization management is also regarded as a venture that assists the management to reduce the overall costs of running the facility. It is therefore implemented in a prospective, concurrent, and retrospective approach (Kashyap et al, 2016). The health care provider has also developed the ‘at-risk care delivery program’, which is meant to increase the effectiveness of health care provision to its clients, as well as an enabling environment for the physicians and other staff members.

For instance, the at-risk care delivery program is designed to provide clients with; a well-planned discharge schedule for inpatients; provision of services with minimum variation for all clients; and a continuum of high quality care services to both inpatients and outpatients in the clinic, and all these being designed to result in minimization of any unnecessary care that could be provided to patients, and as such, an overall reduction of costs incurred in service delivery to patients is achieved (Kashyap et al, 2016).

Critique of the Facility’s Utilization Program In Light Of the Standard Utilization Management Programs

Facility Utilization Management (FUM) in this organization is evident in the systems and procedures that it has adopted as an effort to achieve health care savings. In particular, FUM is achieved through effective management of patients’ care as well as minimizing unnecessary care that is given to the patients (Kashyap et al, 2016). Physicians and other medical staff in Mayo clinic have been sensitized to the need to adhere to FUM guidelines as health service providers, as an effort to increase the accountability of medical service provision to patients who are regarded as payers in the system.

As such, they are required to provide health care services in accordance with the patient’s needs and the medical necessity that arises from the need, which in this case should be provided to the patient in the most efficient and appropriate manner at all times (Massimino et al., 2015). To achieve this, Mayo clinic has adopted the necessary technology to oversee efficient and economical service provision to patients including hospital admission programs, length of stay management, and precertification programs (Julianna et al., 2013).

All these programs are designed to provide patients with services in the most economical manner, where costs are aligned with the type of service provided. These programs have been adopted in all areas within Mayo clinic’s health facilities including medical, substance abuse, laboratory, and surgical sectors.

FUM within Mayo clinic is performed retrospectively and concurrently as deemed necessary. The specific objectives include maintaining the average number of patients who receive services, but at a reduced cost; establishing a DRG-guided inpatient health care facility; and to effect free for service outpatient services as a containment strategy to cut down on costs (Kashyap et al, 2016).

In its prospective review programs, Mayo clinic evaluates patients’ perceived medical or care need before admission, and assesses its appropriateness in terms of the proposed service requirement against any available medical information about the patient’s condition. This is followed by conducting an extensive consultation to determine the necessity for the required services or procedure (Julianna et al., 2013). If positive outcomes are obtained, then the patient is admitted for services or provided with outpatient services, if negative, alternative treatment options are discussed with the patient (Kashyap et al, 2016).

The prospective review program may be seen as a cost effective measure since it prevents the patient from being given unnecessary treatment services, and the health facility from incurring costs from the services provided, medicine and consultancy fees for physicians. The likely disadvantage in the program is that prospective reviews are bound to take lots of time if they are to be effective and meaningful (Massimino et al., 2015). In addition, the type of review may not be effective in cases where patients require emergency services, and this is because unnecessary costs would still be incurred during the diagnosis.

In its retrospective review programs, Mayo clinic conducts a detailed analysis of the duration of stay among other metrics in all its institutions and health facilities, including an analysis of the length of stay at the physician(s) level. Retrospective review is aimed at identifying any gaps in care provision, and whether there exist anomalous utilization patterns in the system (Kashyap et al, 2016). The information provided is used to make updates on clinical guidelines and registries according to care outcomes, after which necessary adjustments are made.

The retrospective review may be seen as an important venture because it helps management to optimize the health service outcomes, and at the same time achieve a reduction in the overall costs of operating the clinics. In addition, gaps in the utilization of medical staff and facilities may also be identified through the review, which would allow the appropriate adjustments to be effected. If effectively done, this would be reflected as reduced operation costs.

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In its concurrent review programs, Mayo clinic emphasizes that its physicians and the medical staff screen patient’s conditions or health service requirements before admission, which is a means of determining the medical necessity of the patient’s need requirements (Kashyap et al, 2016). Information from the screening procedure is also used to determine the appropriateness of the patients’ perceived requirement. As an effective care management program, the screening procedure helps determine the appropriate duration required in giving the patient the required service care, and this information is used to schedule the period of stay from admission to when the patient is discharged.

The concurrent review program may be seen as an effective venture in as far as cost reduction in care provision is concerned. This is so because; information obtained from the screening procedure may be used by physicians to prescribe the correct treatment. Specifically, it allows the nurses and medical staff to provide health care services in an efficient manner while focusing on the anticipated outcomes (Kashyap et al, 2016). In this case, wastage of time and medication is minimized; the clinic is also able to anticipate the appropriate bed days for scheduling.

On the other hand, the clinic is able to cut down on costs incurred through bed stays and admission services, which is because the applicability of the provision of home support services may be evaluated during the screening procedures. In addition, the patients are also able to receive high quality services and the needed attention, since the nurses and physicians would need to monitor the patient’s progress in an effort to adhere to the schedule and discharge plans.


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Miller, R. C., de los Santos, L. E. F., Schild, S. E., & Foote, R. L. (2014). Organizational Culture and Proton Therapy Facility Design at the Mayo Clinic. International Journal of Particle Therapy, 1(3), 671-681.

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Promoting Awareness on Heart Disease

Preventing Heart Disease in Women
Preventing Heart Disease in Women

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Promoting Awareness on Heart Disease through Evidence-Based Practice

In investigating the impact of promotion awareness on preventing heart disease in women, the following PICOT question will be used to guide the research:

In women with cardiovascular diseases (P), does health promotions using evidence-based strategies to achieve optimal health of the heart (I), as compared to women receiving standard cardiovascular care (C) show better improvement in the cardiovascular disease (O) within six months? (T).

Using terms in the PICOT statement was not effective in finding useful studies. Most of the studies found by using such terms addressed broader concepts or did not relate all the ideas that the PICOT question needed to address. Some of them talked about one aspect of cardiovascular diseases alone without giving any hint about women, outcomes or interventions made towards controlling the condition.

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MESH terms such as cardiovascular, women, health promotion and others limited the number of studies that were listed on the databases compared to when those terms were not used. Therefore, this is an implication that the utilization of the MESH terms delimited the search as it filtered out some of the search results that did not have most components of the PICOT question.

Most of the research findings were not relevant to the study. To improve the relevance of the of the materials obtained, I applied limiters such as age, studies, EBP, women, years so as to only have articles that had a direct link to the various components of the Picot statement. The use of limiters was helpful because most of the items obtained in this case gave relevant information about aspects of the study.  Reviewing this articles provided adequate information on the association between evidence-based practice in health promotion and improvement of cardiovascular diseases in women.

The study used for the study on preventing heart disease in women the following databases: AHRQ,,, EBCO, PubMed, and Ovid to gather evidence. All of them provided valid pieces of evidence. The study provided level I evidence as most of the articles were systematic reviews of randomized control trials.


Joanna Briggs Institute. Joanna Briggs Institute reviewers’ manual 2014 edition. Adelaide: JBI; 2014. Retrieved from

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Assessing the Financial Health of a Company

Financial Health of a Company
Financial Health of a Company

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Financial health of a company

1. Depending on your review of the financial statements, suggest a fundamental insight about the financial health of the company. Speculate on the likely reaction to the financial statements from various stakeholder groups (employee, investors, shareholders). Provide support for your rationale

Universal Health Services is a publicly traded company and know for operating acute care hospitals, surgical and behavioral health centers. The firm also operates in ambulatory surgery as well as radiation centers. The company is recognized as the largest hospital management in the United States having more than 240 acute care hospitals and employing more than 74,000 workers (UHS, 2016).

Based in Pennsylvania, the firm is known to register billions in earnings enabling it to be classified as a top performer. This has also allowed the company to create franchises in rapidly-growing markets. However, the efforts are owed to its management which works on the principle of integrity to effectively be competent and compassionate. As such, most of its revenues are gotten from its various departments with acute care hospitals bringing in 73% of income (UHS, 2016).

Nonetheless, it is believed that behavioral health services bring in more than hospitals due to the high occupancy rate. In other words, it could be said that the behavioral centers bring in the highest amount of revenue than hospitals. The fact that the health management is large in size, there are bound to be numerous accounting concepts.

Since the financial statement is helpful in monitoring the financial health of a company, integrity should be applied. Accurate financial information gives the position of the firm in the market. According to the recorded UHS’S financials, the company’s revenue have been increasing.

Nonetheless, the business should make correct entries on the financial statements especially when recognizing income and expenses. Therefore, it could be said that the financial health of the company is stable but may be complicated with the numerous acquisitions. However, the higher returns on investments have been attracting investors.  

Current Industry Trends

There is no doubt that firms get into business in a bid to make money rather than meeting the full needs of the market. This is no different from the health care industry where the industry players are focusing on financial aspects instead of providing quality care to their patients (UHS, 2016). More so, what is taught in schools also involve economic aspects as part of its curriculum.

What people fail to apprehend is that quality care attracts more people and eventually increasing the amount of revenues. At the same time, having more patients and clients raises the spending of resources raising the overall costs (Kaplan & Witkowski, 2014). Besides, hospitals are turning to technology, and this also increases the overall costs and stakeholders are not left behind (Jena & Philipson, 2013). 

In fact, they are behind every planning, developing, and implementation of hospital projects. Therefore, the trend that hospitals are now following is not new but something that is rapidly gaining acclamation in the industry. Additionally, the future health direction the industry players are taking is gaining momentum (Gengler, 2011). All in all, what is more, important is that lack of quality care in hospitals affects the firm’s financial performance.

Sadly developing sound business practices does not stick with the industry players. Gambling with people’s health in a bid to reduce hospital costs is undesirable and a recipe for disaster. It is, therefore, essential for hospitals and health care providers to practice good business ethics that entails focusing on providing quality care to patients.

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3. As the CFO, suggest one (1) basic strategy that you might use in order to improve the financial performance of the organization. Recommend an approach to implementing the proposed plan. Provide support for your recommendation.

For the above reasons, it is my responsibility as the CFO to ensure that individual and organizational goals are aligned. In turn, this translates to increased revenues since both employees and the employers would be satisfied. Better still, there would be increased customer loyalty and brand image. It is crucial to note that stimulating individual motives will lead to greater motivation and will to work efficiently.

This, therefore, means that core values have to be instilled as a culture that appreciates everyone’s efforts is cultivated (Baker & Baker, 2013). This is so because formal business policies will integrate both individual and organizational goals towards one direction. Still, group objectives should be recognized as essential for success and continuity of business growth. In turn, the organization’s missions and vision will be met entirely as the strategies would be linked to the goals.

In essence, if personal objectives would be fulfilled, group goals would be easy to attain. For instance, if UHS decides to align its overall goal of increasing revenue with individual needs of providing quality care, there would be smooth operations. As such, the strategy is found to be useful in all types of organizations. While little is being done on performance, the critical focus is lost. In our case, the focus should be on creating a balance between providing good quality health care and make more revenues at the same time.

In as much, as it is a medical institution, it operates as a business and requires funding as other firms do. However, even though there is no harm in wanting more money, it should be made clear that patient health outcomes matter. In supporting this performance program, the health care provider should ensure they include customer and business profitability is achieved through proper alignment of goals and strategies. As a result, there will be reduced costs, increased efficiency, and increased income levels.


Baker, J. J., & Baker, R. W. (2013). Health care finance. Jones & Bartlett Publishers. Retrieved from,+J.+J.,+%26+Baker,+R.+W.+(2013).+Health+care+finance.+Jones+%26+Bartlett+Publishers.&ots=Jeyce1VgVc&sig=ZHe-D_48p6mJ4JmRSbBGEDEAyNg&redir_esc=y#v=onepage&q&f=false

Gengler, A. (2011). The future of your health care. Retrieved from

Jena, A. B., & Philipson, T. J. (2013). Endogenous cost-effectiveness analysis and health care technology adoption. Journal of health economics, 32(1), 172-180. Retrieved from

Kaplan, R. S., & Witkowski, M. L. (2014). Better accounting transforms health care delivery. Accounting Horizons, 28(2), 365-383. Retrieved from

UHS, (2016). 2014 Annual Report- Universal Health Services. UHS. Retrieved from

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National Security Intelligence: Homeland Security

National Security Intelligence
National Security Intelligence

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National Security Intelligence: Homeland Security

Discussion Replies

Reply to peer 1

It is true as the author says that the organization of the security intelligence systems in the USA has not made the security situation perfect. However, the writer is also quick to acknowledge that the streamlining of the flow of information is a good step that the government took to better the collection and administration of intelligence. For instance, the creation of the Director of Intelligence as the author points out has improved sharing of information among the agencies and therefore better use and access to information (Bullock, Haddow & Coppola, 2016).

Reply to peer 2

The sentiments of the second peer are also correct. The reason is that the establishment of the fusion centers, the giving of grants as well as the Nationwide Suspicious Activity Reporting Initiative are important recommendations that ease not only the collection of information from grass root levels but also preparedness of the security agencies and states. For example, the fusion centers enable the interaction among the different federal agencies with regards to technical support and access to security clearance, therefore increasing corporation among the agencies (Bullock, Haddow, & Coppola, 2016). The unifying of the agencies that have resulted from the recommendations has undoubtedly improved effectiveness within the intelligence community.

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Reply to peer 3

The Director of National Intelligence is indeed an addition to the system that is meant to unify the intelligence community. It is also agreeable that in the initial times, it was hard for anyone accepts the directorial role as it bears responsibilities that most people feared. However, the author echoes the improved efficiency ad flow of information using the example involving how the CIA plays the lead role in the collection of data and training, therefore streamlining the dissemination of the intelligence to other agencies (Bullock, Haddow, & Coppola, 2016).


Bullock, J. A., Haddow, G. D., & Coppola, D. P. (2016). Introduction to Homeland security: Principles of all-hazards risk management (5th ed.).Waltham, MA: Elsevier.

U.S. Department of Homeland Security. (2012). Implementing 9/11 Commission Recommendations: Progress report 2011

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Nurses Role in Pain Management Project Report

Nurses Role in Pain Management
Nurses Role in Pain Management

Project Report on Nurses Role in Pain Management


Pain after surgery is distressing to patients and it is an issue of concern for nurses working in PACU. Ineffective pain management during the  immediate postoperative period can prolong patients stay in the PACU especially if the necessary measures are not implemented.. Nurses in PACU have a responsibility to continuously assess and give proper pain treatment to the patient (Tedore, 2015).

During my placement, I noted that nurses play an important role in management of pain during the postoperative period. Therefore they should be equipped with the proper skills and knowledge to be able to provide the best pain management. Furthermore, I realized that, despite the availability of guidelines and variety of tools for pain management, post-operative management of pain is still a challenge (Abrahamson, Fox & Doebbeling, 2012).

Moreover, increased knowledge on pharmacological and non-pharmacological pain management results in better patient outcomes. Also, these nurses should be given ample time to be able to follow the pain management guidelines to ensure proper pain management. My report aims at analyzing from the relevant peer reviewed articles on nurses’ role in management of post-operative pain and nursing issues relating to management of pain during postoperative period putting my experience in the unit into consideration.

Literature Review

Tedore, 2015 conducted a research and found out that proper management of post-operative pain benefits patients in a number of ways. Mostly it contributes to better patient comfort which is key, less cardiac complications and reduced risk of development of deep vein thrombosis and finally the patient recovers within a short period of time.

According to Wilding, Manias & McCoy, 2012 research article, it explained that that improper management of pain is majorly contributed by nurses. The factors that contribute to this include poor assessment of pain, reduced knowledge and skills on pain management, fear of side effects associated with pain management, (Wilding et al. 2012).The research conducted by (Wilding et al., 2002) explored the contributing factors to increased  pain during discharge of  patients from PACU.

Use of pharmacological and non-pharmacologic therapies in pain management  is highlighted in  an article by Joshi, Schug & Kehlet , 2014.The article outlined that morphine was  mainstay  for pain management in PACU. It further suggests the use of the WHO recommended ladder, starting from mild non opioids including acetaminophen and NSAIDs to strong opioids such as morphine which can be used according to severity of the pain score.

None the less, use of ice packs, distraction by use of music and positioning are some of the non-pharmacological therapies. A study was done in PACU and the findings were that use of non- pharmacological therapies together with analgesics yielded better outcomes in pain management(Joshi, Schug & Kehlet, 2014). However, the  outcomes varied  depending on the type of surgery performed .

According to Ramnytz, Wells & Fleming 2015, the PACU nurse has a role in assessing the associated side effects of the pharmacological agent administered. Relieving pain is the major goal of postoperative pain management and ensuring that minimal side effects results. Opioids are the mainstay of pain therapy.

However they are associated with unwanted effects such as respiratory depression, hypotension and reduced bowel movement (Ramnytz et al., 2015). In PACU, a pulse oximetry is the best tool that can be used to monitor respiratory depression during administration of opioids. However, the best method of monitoring respiratory depression is through observation of the respiratory pattern and the patient’s level of consciousness.


During my placement in the Post Anesthetic Care Unit, I interacted and engaged the nurses in discussions pertaining their role in pain management with observations being the key technique.


Postoperative nurses have a responsibility in assessment of pain. They should assess paints level of pain using the most effective tool to have the best outcomes. The 10 pain assessment scale is most preferred tool. However, it is important to incorporate both the subjective and objective information to be in a position to determine the most appropriate therapy for pain.

There should be continued documentation of the progress of the patient so as to determine the effectiveness of the therapy and there will be any alteration. The nurse should as well note the source and severity. In the event there is no relationship between the site and severity of pain, it will warrant investigations to determine if there is any related pathology.

Cultural background as well as anxiety is some of the patient factors determine the management of pain therefore the nurse has a responsibility of assessing them and determine if they have an effect on the patient perception. Therefore, these nurses have a role in establishing these factors.

Reflecting my placement in PACU, I appreciated that the hospital has a protocol for management of pain after surgery. For moderate pain, no opioids drugs were used while for severe pain, strong opioids were utilized. I also appreciated use of non-pharmacological therapies in pain management. Use of both pharmacological and non-pharmacological therapies increases efficiency (Ramnytz, Wells & Fleming ,2015). Non pharmacological therapies that were utilized included ice packs, music therapy and in deed they were found to be effective.

Literature suggests use of different pharmacological agent in management of pain. Similarly, during my placement, I identified those agents being utilized. For severe pain , opioids were being used while for moderate and mild pain, agents such as tramadol, diclofenac as well as acetaminophen were used.

Nurses were very vigilant and it encouraged me when they assessed the patients often after administration of these agents as the doses were given continuously until the level of pain subsided. According to WHO, recommends the use of a ladder for drug management, during my clinical placement, it was however not applied.Mariano, Miller & Salinas (2013), advocated for use of  weak opioids,  and NSAIDs in management of  moderate pain. However, this was not practiced during my placement.

It is the nurse’s integral duty to assess the side effects of the analgesic agents. Knowledge on mode of action ,drug interaction as well as unwanted side effects  so that they can be in a position to observe any side effect of the agent s and act accordingly. Likewise, I noticed that the nurses were aware of the associated side effects of the analgesic agent and they acted appropriately whenever they noticed any deviation from normal. After administration of morphine, the PACU nurses were keen to observe the respiratory pattern of patients to identify if there was any respiratory depression associated with the use of morphine.


My experience in management of postoperative patients in PACU enlightened me on the role of nurses in management of postoperative pain. I realized that continued provision of PACU nurses with the relevant skills and knowledge will go a long way in better management of pain after. The information I found was relevant for them included variety of pain management tools, factors influencing pain management, different therapies of pain management as well as the side effects associated with pharmacological managements. Finally I would recommend the utilization of the WHO ladder for pain management.


Joshi, G., Schug, S., & Kehlet, H. (2014). Procedure-specific pain management and outcome strategies. Best practice & research. Clinical Anaesthesiology, 28(2), 191-201.

Kobelt, P., Burke, K., & Renker, P. (2014). Evaluation of a standardized sedation assessment for opioid administration in the post anesthesia care unit. Pain Management Nursing, 15(3), 672-681.

Mariano, E., Miller, B., & Salinas, F. (2013). The expanding role of multimodal analgesia in acute perioperative pain management. Advances in Anesthesia, 31(1), 119-136.

Marshak, C., Bertignoli, T., Mulackal, E., Reyes, E., Duran, M., & Rojo, L. et al. (2014). Excellence in PACU pain management: How is our PACU team terforming? Journal of Perianesthesia Nursing, 29(5), e17.

McLean, G., Martin, D., Cousley, A., & Hoy, L. (2013). Advocacy in pain management: The role of the anaesthetic nurse specialist. British Journal of Anaesthetic and Recovery Nursing, 14(3-4), 43-48.

Ramnytz, L., Wells, V., & Fleming, E. (2015). An Exploration of the post-anesthesia care unit (PACU) nurses’ knowledge level of sedation scoring and pain management options. Journal of Perianesthesia Nursing, 30(4), e44.

Tedore, T., Weinberg, R., Witkin, L., Giambrone, G. P., Faggiani, S. L., & Fleischut, P. M. (2015). Acute Pain Management/Regional Anesthesia. Anesthesiology clinics, 33(4), 739-751.

Wilding, J., Manias, E., & McCoy, D. (2012). Pain assessment and management in patients after abdominal surgery from PACU to the postoperative unit. Journal of Perianesthesia Nursing, 24(4), 233-240.

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Education Reforms for Sustained Change

Education Reforms for Sustained Change
Education Reforms for Sustained Change

Education Reforms for Sustained Change

In the first section of this paper, an analysis of three education reforms in the international, national, and state levels will be provided. The second section will assess the reforms with respect to unanticipated results related to sustaining change. Every Student Succeeds Act, Common Core States Standards, and Interim List of Eligible Programs are the three reforms that will form the basis of discussion.

Reforms are enacted to change public education by making it more accessible, of high quality, and that meets job market standards. Though agencies involved in instituting reforms vary in agenda and motivation, in the last decades, USA and other countries emphasize on reforms that improve student achievements rather than the traditional basis of inputs.

Section 1: Education Reforms

  1. National reforms

Every Student Succeeds Act (ESSA) is one of the nationally oriented education reforms that were enacted into public law in 2015 (NCES 2015). As a replacement of No Child Left Behind Act, the reform intends to make the national government get deeply involved in education. ESSA reduced the Department of Education’s mandate over state education programs such that states and districts can set their testing standards, assessments, and involvement procedures.

Though testing standards are not to change, states were given the authority of determining them. Moreover, students are to be examined in math and languages on a yearly basis from grade three to eight, but for grades nine to twelve they are tested only once. The Act mandates schools to assess students at least once in grades three to five, six to 10, and 10 to 12. 

The tests may be done to assess thinking skill and understanding through portfolios and projects, by using a single exam, or through numerous assessments. On accountability, states are to provide ESSA plans to U.S.A Department of Education after thorough consultations with various stakeholders. States have the powers to offer input on expected ratings for exam standardization and graduation fees (Ballotedia 2014). Lastly, states are to determine schools that require government interventions to attain the required measurable progress.

  • State reforms

The Common Core State Standards (CCSS) was instituted in 2010, and it’s supposed to feature the required knowledge that K-12 students should acquire in Mathematics and English Language Arts through the 12 grades (DFA 2015). The standards are supposed to establish common education standards in all the states and ensure that the students are adequately prepared for future jobs.

Since it’s difficult to achieve consistent standards in all the states, the government tends to deny funding under Top Program and Federal Race for states that didn’t adopt the common standard. Through the standards, students are to delve into in-depth analysis and understanding with fewer topics being covered.

  • International education reforms

Interim List of Eligible Programs (ILEP) was established in 2014 under Regulatory Reform of the International Education Sector and the Student Immigration Regime policy. The rules intend to eliminate abuse on student immigration, offer protection to international students, and support education providers that maintain high-quality standards. After the closure of more than ten low-quality providers, the reforms were initiated so that only colleges and universities that offered quality education attracted global students.

The number of courses that were visa eligible significantly reduced and education programs was scrapped from the system (Times 2013). Moreover, schools offering English language courses are supposed to meet certain quality and immigration criteria if they were to be listed on ILEP second edition, GNIB cards including renewals are to be offered for 8 months; learner protection initiated for all programs, advance fees to be secured by schools so as to achieve comprehensive escrow processing, and complete time tables offered to English language students for sessions that the colleges will be on holidays.

Section 2: Unanticipated Results Related to Sustaining Change

  1. National reforms    

Unanticipated result: By giving states the authority to determine their testing standards, assessments, and engagement processes, there is a high probability of getting variations of standards across the states to the extent that graduates will possess distinct levels of knowledge and skills.

Analysis: Even though the standards remain the same in all the states, it is not possible for the states to set consistent measures since teachers and education officers are different, funding is different, and school attendance and performance rates differ. Instead of the government getting more involved in establishing standard evaluation and testing measures, the result may be variations education quality and accountability across the states.

Causes of the unanticipated result: The unanticipated variation in knowledge and education development is caused by micro issues including differences in performance and attendance rates, differences in motivation rate, and power control issues. Moreover, the results may be politically influenced plus government funding may differ across the states.

Impact on the sustainability of education reform: The results are negative with respect to the sustainability of education reforms since they lead to variations in the quality of education offered across states and it becomes difficult to rate effectively rate the performance of schools when measurements standards centralized. On the other hand, centralization of measurement standards may lead to sustainability of education reforms since they give the government more mandate over education and through its intensive involvement, implementation of reforms for positive change is highly likely.

  • State reforms

Unanticipated result: Implementation may only happen in a few states, and it will not be done over the same period.

Analysis: Implementation of the common standards may not materialize over the same period owing to the fact that the process is slow and politicized, costly, requires extensive teacher training and new textbooks. The government did not stipulate how it would offer complete funding of the project and being that states are many, the standards may not be implemented in all the schools.

Causes of the unanticipated result: Micro issues leading to the unintended result are the lack of adequate teacher training and resources including textbooks and computers needed to take the new tests, and exams are to be conducted based on the different standard measures applied in schools. Moreover, the process is politically impacted since legislators are involved, and also state funding is not assured since the government hasn’t identified the sourcing platforms.

Impact on the sustainability of education reforms: The result does not lead to sustained reforms since the implementation is the main aspect of reforms. If the reforms are not implemented at all, or not implemented over the same period, coming up with new reforms would be futile thus it does not lead to sustainability of the reforms.

  • Global reforms

Unanticipated result: The stringent measures may lead to fewer colleges admitting students with the result being a decrease in education opportunities for international students.

Analysis: When schools are many, majority of students from different backgrounds can access the visa eligible courses but barring some courses, and restricting admissions in the few schools would lead to a reduction in the number of applicants. The majority of people avoid studying abroad due to bureaucracies and a lot of requirements, and since the new reforms intend to raise the admission standards, students will lose opportunities to study their preferred courses.

Causes of the result:  Reduction in opportunity levels for international students is macro influenced since standards for determining the quality effectiveness of education providers is done on an international level. The standards determine the type and number of causes that a school can offer, plus requirements for students which are macro managed.

Impact on the sustainability of education reforms: The reform is essential in sustaining education reforms which intend to support the quality provision of education. When admission and education provision measures are stringent, the certified providers compete on the basis of quality leading to improvement of education. Improved education quality is elemental in sustaining education reforms.

Analysis of the unanticipated results

Reforms are mostly instituted to improve education quality by stipulating the core education aspects necessary to equip learners with skills and knowledge relevant to the job market. Moreover, the reforms are also formulated to increase education opportunities for students from different sectors and income backgrounds. However, if the reforms are not followed up with the resources necessary for effective implementation, the expected results may not be forthcoming.

Additionally, unanticipated results happen when all factors necessitating the reforms are not considered. Since it’s not possible to satisfy all stakeholders involved in the process, the government puts in place measures that must be followed by all states and education providers so that the degree of variance is not high.

Education reforms are instituted to improve the quality of education and making it more accessible to students from poor backgrounds. Moreover, international bodies are involved in ensuring that international students are protected and that they get high returns from pursuing the education in foreign nations. Comprehensive analysis of the reforms that ensures all stakeholders are satisfied and efficient implementation are essential in sustaining education reforms.


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Ballotpedia (2014). Every Student Succeeds Act. Encyclopedia of American Politics, 1-5. Retrieved from

Department of Foreign Affairs (2015). Reform of the International Education Sector and Student Immigration System. DFA, 1-23. Retrieved from

Freddy, A. (2013). A Curriculum Crunch for California. Los Angeles Times, 1-4. Retrieved from

National Center for Education Statistics (2015). State Education Reforms. NCES. Retrieved from