International border searches Essay Example for Free

International border searches Essay It is recognized that it is paramount to the U. S. to protect and preserve the integrity of its borders. This involves a constant balancing by the authorities between trade and commerce on one hand and terrorist activities, contraband and illegal immigrants on the other hand. By reason of this, security operations involve border searches and seizures which necessarily have implications on the Fourth Amendment (Vina, 2005). The Fourth Amendment ensures and protects the people from unreasonable searches and seizures and provides, â€Å"â€Å"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized† (U. S. Constitution, Fourth Amendment). The Fourth Amendment is to ensure that the powers of the federal government are not arbitrarily used against its citizens. Legally, â€Å"reasonableness† is required as one to be determined by a judge for the issuance of a search warrant. The judge is said to be independent and impartial as to determine the existence of probable cause so that the police can make the search or arrest [Katz v. U. S. , 347, 357 (1967)]. A violation of the Fourth Amendment will result in the exclusion or suppression of whatever evidence may be gathered pursuant to the exclusionary rule enunciated by the Court in the case of Mapp v. Ohio, 367 U. S. 643 (1961). There are however, exceptions established when reasonableness and warrant requirement are relaxed and therefore â€Å"probable cause is not invariably required either† (Vernonia School Dist. 47J v. Acton, 515 U. S. 646, 653 (1995). This occurs when the interests of the public require more protection than those of private interests. One of these established exceptions to the warrant and probable cause requirement is border search [Camara v. Municipal Court, 387 U. S. 523 (1967)]. Discussion Border search is defined in the case of United States v. Ramsey as â€Å"that searches made at the border, pursuant to the longstanding right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border, should, by now, require no extended demonstration (431 U. S. 606 (1977)). This does not require a warrant, probable cause or reasonable suspicion (Onecle web site, 2005). The exception of border search is provided for under the United States Code specifically in Chapter 19, subsections 482 and 1582. This exception is premised on the duty of the state to protect its citizens, regulate trade and commerce and enforces immigration laws, thus, authorizing routine stops for searches at the border [U. S. v. Ramsey, 431 U. S. 606 (1977)]. There are two types of border search, namely routine and non-routine (Vina, 2005). In the case of U. S. v. Johnson, the Court explained that routine search include a search without any suspicion and entails very limited invasion of privacy (991 F 2d. 1287, 1291 7th Cir. 1993). This may include a dog sniff of the person, a search and inspection of belongings, luggage and car (Vina, 2005). The non-routine search includes more intrusive methods and is conducted when the authorities have suspicion that there is alimentary canal smuggling. The search may consist of â€Å"destructive searches of inanimate objects, prolonged detentions, strip searches, body cavity searches, and some x-ray examinations† (Vina, 2005). Body cavity searches include searches in cavities such as â€Å"vagina, rectum, or the use of emetics† [Vina, 2005 citing United States v. Ogberaha, 771 F. 2d 655, 657 (2d Cir. 1985) (vagina); United State v. Pino, 729 F. 2d 1357, 1358 (11 th Cir. 1984) (rectum); United States v. Briones, 423 F. 2d 742, 743 (5 th Cir. 1970) (emetics)]. The law requires that ‘reasonable suspicion’ consists in particular and specific facts which a logical person can infer from a wrong doing (U. S. v. Montoya de Hernandez (1985), 473 U. S. 531). There are also instances when border searches are allowed to extend beyond the border, in the following cases, namely: â€Å"(1) the government officials have reasonable certainty or a â€Å"high degree of probability† that a border was crossed; (2) they also have reasonable certainty that no change in the object of the search has occurred between the time of the border crossing and the search; and (3) they have â€Å"reasonable suspicion† that criminal activity was occurring† (U. S. v. Teng Yang (2002), 286 F. 3d. 940). These three requisites must exist and concur to render legal and constitutional, the extended border search by ensuring a â€Å"significant nexus with a border crossing† by the suspect (Vina, 2005). Most often the routine searches give rise to non-routine searches such as for instance where undeclared precious stones are found inside the pocket of the suspect, this resulted into reasonable suspicion thus giving rise to the conduct of non-routine search of strip searches. This yielded an envelope of narcotics (U. S. v. Flores, (1973) 477 F. 2d 608). Conclusion The U. S. government embarked on enhancing border security technologies and operations by reason of the September 11 terrorist attack. Intercepting and aborting terrorist attacks and smuggling of contraband were overstressed. Pieces of legislation are being drafted to harness further training in detection of false or falsified documents, pilot programs are launched for â€Å"surveillance technologies, biometric entry and exit data system and enhanced training of border officials (Vina, 2005). Volunteer programs were also set up to assist in observing and reporting of the movement of illegal aliens such as those launched in Arizona in 2005. This is a â€Å"citizens’ neighborhood watch’ program called the Minuteman Project. References Camara v. Municipal Court, 387 U. S. 523 (1967) Katz v. U. S. , 347, 357 (1967) Mapp v. Ohio, 367 U. S. 643 (1961). Onecle Web site 2005 â€Å" Border searches† Retrieved on October 25, 2007, from http://law. onecle. com/constitution/amendment-04/18-border-searches. html United States Code, Chapter 19, subsections 482 and 1582 U. S. Constitution, Fourth Amendment Vernonia School Dist. 47J v. Acton, 515 U. S. 646, 653 (1995). Vina, S. 2005, Protecting our perimeter:† border searches† under the Fourth amendment CRS Report for Congress. Retrieved on October 25, 2007, from http://www. fas. org/sgp/crs/homesec/RL31826. pdf. United States v. Briones, 423 F. 2d 742, 743 (5 th Cir. 1970) U. S. v. Flores, (1973) 477 F. 2d 608). U. S. v. Johnson, 991 F 2d. 1287, 1291 7th Cir. 1993). U. S. v. Montoya de Hernandez (1985), 473 U. S. 531 United States v. Ogberaha, 771 F. 2d 655, 657 (2d Cir. 1985) (vagina) United States v. Pino, 729 F. 2d 1357, 1358 (11 th Cir. 1984) (rectum); U. S. v. Ramsey, 431 U. S. 606 (1977)]. U. S. v. Teng Yang (2002), 286 F. 3d. 940.

Christoph Büchels Simply Botiful: Overview and Analysis

Christoph Bà ¼chels Simply Botiful: Overview and Analysis Christoph Bà ¼chel. SIMPLY BOTIFUL 11.10.2006 – 18.03.2007 Hauser and Wirth Cheshire Street London Above the entrance to Christoph Bà ¼chel’s ‘Simply Botiful’ there is a ‘Hotel’ sign. Entry to the new ‘Hauser and Wirth’ space in Brick lane is made by walking past a dusty reception. Following this, gallery attendees are apprehended by an attendant with a clip board, who asks guests to ‘sign-in’, before taking their coats and bags. If you read carefully the documents that you are signing, it turns out that you are wavering your rights to sue, should you suffer damage to clothing, or to yourself during your tour of the exhibition. The reasoning behind this becomes clear as you proceed. Very quickly it is apparent that we are in a Hotel style mock up.[1] Once one has ascended the stairs into the main ‘gallery’, they are confronted with a hallway packed with small make shift beds. Taking the first door to the right (as most attendees will be inclined to do) one finds themselves in a room that seems a little out of place. It appears to be the study room of someone deeply interested in Psychoanalysis and Anthropology: The walls are covered in early naà ¯ve-imperial pictures of native persons and unusual animals, whilst a vitrine lies full of bones, clay pipes and other artifacts. In one corner resides an imposing Analysts chair. The association here makes one think of a long line of artists and writers that have dealt with psychoanalysis and analytical ideas (such as Dali), yet there is another element to Bà ¼chel’s work. Far from merely presenting psycho-analytical ideas in a pictorial form Bà ¼chel actually throws the gallery viewer on themselv es, pushing them into a personal analysis of their situation. In this first room one can hear the sound of loud (but distant) Thrash Metal music that appears to come from inside a wardrobe, on the near side of the room. Those more curious will fine that in the wardrobe, behind a couple of mangy suits there is a small hole, rising about 2 feet square from the base of the wardrobe. Those more curious still will climb through the hole, not even sure of they are allowed, or supposed to do so. It is in this sense that: ‘Bà ¼chel’s complex installations force his audience to participate in scenarios that are physically demanding and psychologically unsettling.’[2] On entering into the wardrobe the individual finds themselves in a room, with a small bed, some bags of discarded children’s toys and a burnt out motorcycle in a glass cabinet. The music becomes much louder – pushing the boundary of what is safe to listen to. Emerging from the cupboard again, one must take the chance that a small audience has amassed in the first room, and will be watching you as you crawl on hands and knees back into the relative normalcy of the analyst’s office. Aspects such as these give the show a performative element, as each gallery attendee becomes entertainment for others: ‘He explores the unstable relationship between security and internment, placing visitors in the brutally contradictory roles of victim and voyeur.’[3] Other rooms on this first floor quite clearly point to this space being a brothel (ostensibly). Porn magazines, crumpled bedsheets, red lights and condom packets litter three more bedrooms and suggest an uneasy seediness. Upon entering these rooms, one feels like an intruder and is put in the position of literally feeling like both victim and voyeur. In a sense, this is the trick that conceptual/readymade based art plays. Duchamp’s ‘Fountain’ (made under the pseudonym ‘R.Mutt’) – an upturned urinal that he attempted to exhibit in an open exhibition in 1917 taunts the viewer. It is art, because the artists himself says so: ‘Whether Mr. Mutt with his own hands made the fountain or not has no importance. He CHOSE it.’[4] Yet the viewer of a readymade is left in the position of feeling ‘duped’. Believing such pieces to be credible artworks involves a certain leap of ‘faith’. Each person must make this leap, aware that others are watching (thus they are a victim), but they also make this judgement over the artwork as the ‘voyeur’. Bà ¼chel’s semi-readymade, constructed from found objects in a converted warehouse gallery takes this a step further and really challenges the viewer: The viewer is challenged into questioning whether what they are looking at is art, and into considering their role within the artwork – as participants in it. In this sense, the gallery attendees become ‘readymades’. Once one has walked through the hotel, they arrive on a balcony, overlooking what appears to be a crossover between a workers yard and scrap yard, with several iron containers, and piles of disused refrigerators. Upon descending a set of iron steps one finds themselves free to roam amongst the detritus. One container is full of broken computer parts; another is virtually empty, except for a filthy table. The overall sense one gets immediately is one of poverty – another container holds sewing machines and rolls of fabric: presumably some kind of sweatshop. There is something harrowing about this, which is compounded somewhat by images of hardcore porn pasted to the walls of one container that features nothing but a makeshift punch-bag and a seemingly empty refrigerator. However, there is also something celebratory about Bà ¼chel’s huge semi-Readymade. Gallery attendees gradually become more comfortable and rush from one container to the next, probing deeper to find unexpected treasures. The refrigerator at the far end of the above mentioned container actually features a set of steps, descending to a tunnel carved through the ground beneath the gallery. Upon arriving at the other end, one finds a huge mound of earth, with Elephant or ‘Mammoth’ tusks protruding from one side! How to react to this is again down to the viewer, and throughout the exhibition, similar oddities are met with mixtures of fear, excitement, awe and humour. There is certainly a darkness inherent to Bà ¼chel’s work, and a strong controversial social commentary (beneath a container lorry in the workers yard, the gallery attendee finds a secret room featuring Muslim prayer mats, Bibles and pornography). However there is also a strong element that throws the viewer upon their own resources, forcing them to question the role of art. In a sense, this is what good art does. As philosopher Theodor Adorno argues: ‘It is self evident that nothing concerning art is self evident anymore, not in its inner life, not in its relation to the world, not even in its right to exist.’[5] This leaves art in the difficult position of constantly questioning itself, and one way of doing this is to present the viewer with a constant need to question their relationship with the artwork. This often makes for art that appears on the surface to be tragic. Yet the way in which art can lead the viewer to question not only art, but their own confidence in judging art actually provides challenges that may have positive results. Art gives one an opportunity to really engage with themselves and their environment in way that mass consumerist culture doesn’t. Adorno argues: ‘The darkening of the world makes the irrationality of art rational: radically darkened art. What the enemies of modern art, with a better instinct than its anxious apologists, call its negativity is the epitome of what established culture has repressed and that toward which art is drawn.’[6] Therefore Bà ¼chel’s somewhat twisted and tragic world actually breaks through the repressive element that society enforces. Perhaps this is one meaning that can be applied to the representation of the analysts/anthropologists office, which is the first room the viewer stumbles upon when entering the exhibition space. Further to this, Bà ¼chel’s show builds upon Joseph Beuys’ declaration that ‘We are all artists,’ (a declaration that itself built upon Duchamp’s proclamation that ‘anything can be art’): ‘EVERY HUMAN BEING IS AN ARTIST [†¦] Self-determination and participation in the sphere (freedom)†¦Ã¢â‚¬â„¢[7] In inviting the audience to partake in the artwork as both voyeur and victim, Bà ¼chel makes evident the capacity of all individuals to fulfill a role in bringing forth societal change as artists with the capacity to designate mere objects as art. The confidence inherent in such a judgement can from thereon be applied to other spheres of life. The success of Bà ¼chel’s exhibition resides in his demonstrating the above points without over complicating things. The viewer is drawn into an interactive art space that questions constantly, without necessarily being aware that they are put into the position of having to answer complex art/life riddles. Yet, at some point during or after the exhibition something of the nature of Modern and Postmodern/Contemporary art will be made apparent to them: For an artist to achieve this is a rare skill. Bibliography Books Adorno. T.W. 1997, Aesthetic Theory, transl., Hullot-Kentor, R., Athlone Press,  London Harrison. C. and Woods. P., Eds., 1998, On Commitment, Art in Theory: An  Anthology of Changing Ideas, Blackwell, Oxford. Exhibition Press Release Christoph Bà ¼chel. SIMPLY BOTIFUL 11.10.2006 – 18.03.2007 Hauser and Wirth Cheshire Street London [1] For a fully detailed internet ‘walk through’ tour of the exhibition see: http://www.ghw.ch/exhibitions/walkthrough.php?exhibition_id=415 [2] From the Press Release for ‘Christoph Bà ¼chel, Simply Botiful’. Hauser and Wirth Gallery, 2006. [3] Ibid. [4] Harrison C, and Woods P., Art in Theory: An Anthology of Changing Ideas, 1998, p248. [5] Adorno. T.W., Aesthetic Theory, Transl, Robert-Hullot-Kentor, 1997, p1. [6] Ibid. p19. [7] Harrison C, and Woods P., Ibid., p903. Forgive the fragmented nature of this quote. The text itself is equally fragmented.

Case Study Market Entry Modes Marketing Essay

Case Study Market Entry Modes Marketing Essay Introduction One of the biggest realities of our lives is the fact that we are living in a world were the walls of our homes, virtually, no longer exist. We live in an open, interdependent and interconnected world, where living in isolation and maintaining privacy is no longer possible. Globalization, lifting of trade barriers, revolution in information technology and many other factors has brought people closer than ever in the history before. Quite reasonably, globalization had a great impact at the corporate world as well. Even if companies want, they cannot contain themselves into their domestic markets since the desire to grow and grow constantly have made them obsessed with international expansions. Consider these examples. Exxon Mobil is an American firm, which receives more than 75 percent of their yearly revenues from operations in rest of the world. Finnish employees no longer form the majority at Nokias head quarter, which is a Finland based company; surprisingly, employees from China and India dominate the numbers. Honda, a Japanese automobile maker, has its biggest production plant in Ohio. 3M would lose more than 53% of its revenues if the American government asks them to restrict their operations within the United States (Johnson Turner, 2009). Ford would find itself in big trouble if there were some disturbance in America-Brazil relations because Ford manufactures most of its cars in Brazil. BMW directly finds itself affected with any changes in the economy of South Africa or India because of the presence of its manufacturing plants there. McDonalds earns 63 percent of its income from operations outside the United States of America (David, 2010). Therefore, the point here is more and more companies, everyday, are trying to increase their scope of operations in terms of geographical markets. However, in the process of expanding globally, one of the most important decisions that firms have to undertake is deciding on the market entry mode. Quite reasonably, d eciding on the market entry mode is important because it is the base on which rest of the operations would be conducted throughout the life of that expansion. Since there are varying levels of control, risk, involvement, nature of competition, investment and market costs, speed of entry and profit potential in each option, therefore, the decision for the same has to be made after great thought, decision, analysis, market research and debate. This paper is an attempt to explore, analyze and examine these different modes of entries in foreign markets, looking at their advantages and disadvantages and best fit situations. The remaining portion of the paper would try to bring the previously mentioned concepts in practice by shedding some light on the best-fit market entry mode for an automobile firm in Czech Republic. Market Entry Modes Even a glance at the literature available on international marketing and specifically market entry modes and strategies would reveal that there are differences between authors and management experts on how they group these modes and strategies. Furthermore, as the time passes and market place becomes more competitive, firms are trying to use new, complex and innovative entry strategies. However, important here to note is that the underlying idea or the basic concept is the same. Therefore, in light of the most of the material present on this topic, market entry modes can broadly be grouped into four categories, which are exporting, licensing/franchising, Joint ventures/ Strategic alliances and Full ownership/direct entry (Onkvisit Shaw, 2008). Exporting One of the oldest, well-established and traditional forms of entry in any foreign market is through exporting. According to its definition, exporting is the process of selling goods and services produced in one country to various other countries. As mentioned earlier, there are many ways in which marketers divide and classify exporting mode. One-way of doing the same is classifying it as occasional exporting and active exporting. Occasional exporting is a passive way of exporting with low level of involvement in the process. The company decides to export from time to time, when needed, demanded or whenever, it appears feasible to the company. However, with active exporting the company actively engages in the process and takes on the responsibility to export throughout the year. However, a more acceptable and superior way of classifying them is in groups of direct exporting and indirect exporting (Johnson Turner, 2009). Indirect Exporting Amongst all the possible market entry modes, indirect exporting is the way that offers minimal risk, minimal level of involvement, however, at the same time, the returns or profit potential also remains low. Most companies that would want to entry in the market in any form would initially test the waters with indirect exporting. The whole idea of indirect exporting is to sell goods with intermediaries in between which can take the responsibility of dealing with the company and the rest of people. For example, domestic based export merchants, who buy the products of the company and assume the responsibility of taking care of the rest of the deal. Domestic based export agents try to deal with foreign purchases and in return, they are paid a commission. Cooperative organizations, which are usually under public sector, governmental or administrative control would deal with foreign purchasers on behalf of many exporters. Lastly, there are export management companies as well which would ma nage the companys exports in return for a fee or a small share in the profits (Onkvisit Shaw, 2008). Direct Exporting Once they have gained experience, many firms try to jump into the arena of direct exporting by eliminating all the intermediaries and dealing directly with the final purchasers. Despite the fact that exporting in general, is the lowest risk, lowest control and lowest involvement option available in all strategies, yet comparatively with indirect exporting, it increases the risk, control and involvement. Companies are now own their own to understand their purchases, contact them, negotiate with them, understand their culture and needs, unsaid and unheard signals and others. Companies may end up mistakes in the same if they do not have the expertise, knowledge and experience; however, it is tempting because careful execution may increase the profit potential. Firms may also have to develop an overseas sales force, travelling export sales representatives, overseas sales branch or subsidiary, foreign-based distributors or agents, set of international contacts or an export department sole ly to look after the exports of the company (Johnson Turner, 2009). Contractual Mode When firms try to assume more responsibility, want to take higher risks and control in return for high returns they try to enter into contractual agreements with others for their entry in the foreign market. Since comparatively with all other methods, the responsibility is low, therefore, it is also regarded another troublefree and simple method. Following are different variations of the contractual mode (Hollensen, 2009). Licensing The licensor simply issues a license to a foreign company so that the company can gain access or use the selling rights of the product, trademark, patent, trade secret, and manufacturing process. The same is done in exchange of a fixed fee, certain percentage of profit margin, or royalty. It aims at creating a win-win situation for both the partners since the licensor gains entry in the market for a very little risk and level of involvement and the licensee gains the rights to use or sell the product for a little fee. Management Contracts Firms like Hyatt and Marriot sell management contracts to foreign hotel owners to run their hotels in the name of their companys brand for a fee. In fact, the company may even assure to buy some stake in the assets of the foreign hotels as well (David, 2010). Contract Manufacturing As the name suggests, when exporting seems to be an expensive option, the company would hire a local manufacturer and ask him to initiate the production on behalf of the company. Franchising Another very common form of contractual agreements is franchising. For example, KFC has franchised its operations in Pakistan to a Dubai based company name Cupola that runs its businesses in Pakistan in exchange for a share in the profits. KFC has offered Cupola complete control over using the brand, inventories, and raw materials and in return, Cupola is taking the responsibility of operating all the franchises (Johnson Turner, 2009). However, in case of an incompetent franchisee or licensee, the company may find damage and destruction to its brand name. Furthermore, if appropriate legal terms and conditions are not defined, then the contractual partner may emerge as a competitor either in the domestic market of the company or, when the company decides to end the contract and enter in the market by itself. Furthermore, important here to note is that contractual agreements are the best way when the company is looking for comprising on their profit margins in return on low level of h assle, control, involvement and investment (Cateora Graham, 2007). Joint Ventures / Strategic Alliances Consider these examples. Ready to drink tea and coffee, which is currently being sold in huge amounts in Japan, is a result of joint venture between Nestle and Coca Cola. In order to become a dim ant force in selling baby diapers in Italy and United Kingdom, Procter Gamble and Fater, which are rivals in the rest of the world, decided to join their hands and work together. When Unilever wanted to enter in the Chinese ice cream market, it has no choice but to work together with Sumstar, a public sector Chinese company (Shenkar Luo, 2008). As evident from these examples, many players in the international market would use the method of joint ventures in order to operate in different markets. There are various reasons for the same. First, for many countries, joint venture may be the only mode of entry. Second, the company might lack the financial, intellectual, physical, managerial or other resources to undertake the venture all alone. Third, merger of two firms may offer them the chanc e to emerge as the market leader in that market (Lymbersky, 2008). However, there are many problems with joint ventures at the same time, which need to be addressed in order to make sure that the ventures are successful. First, firms often find themselves fighting over the use of retained earnings, a partner may believe it should be reinvested, other may think that it should be used to pay more dividends. Second, cultural problems always arise when firms from different cultures are trying to work together. Pre-requisite knowledge about other cultures is extremely important. Third, the partners may not be able to trust each other in terms of using and sharing important internal information. Fourth, problems also arise when a partner tries to end the joint venture since terms of the same have not been decided yet. Fifth, partners always try to ensure that their own competitive, bargaining and negotiative position could be strengthened, at times by putting the joint venture at stake. It is also important to note that as compared to the modes of exporting and contracts, joint ventures allow the firm to exercise greater control, earn more profits in return for more risk, higher investment and higher level of involvement (Czinkota, et.al., 2010). Full Acquisition Lastly, the most way, which offers the maximum possible control, maximum profit potential, maximum level of involvement, requires maximum investment and which is the most risky is full direct acquisition. Quite clearly, the firm decides not to merge or collaborate with anyone or accept any intermediaries in between but to do it on your very own. There are various modes of entering any market directly. A firm may decide to buy and set up his very own new planet, right from scratch. It is also known as green field investment. The way would be in which the firm may decide to acquire the resources, name and operations of any existing company in the market. Direct investment is a decision taken in situations when the market appears to be big enough to offer advantages of economies of scale, government and other stakeholders are very friendly, the market is huge enough that saturating point would come after many years and until then the profit potential or the ROI is high or the company is sure that it has or it would be able to have to good, favorable and friendly image in the country. Again, important here is to note the fact that high returns which this mode of entry offers is only and only in return of the high risk that the mode incorporates (Wagner, 2009). Example of Czech Republic As mentioned in the introductory phase of the paper, that now the paper would use the Czech Republics automotive industry as an example to apply the concepts presented above. Czech Republic and its Automotive Industry Surrounded by Poland, Germany, Slovakia and Austria, Czech Republic is land locked country located in the central Europe. The country came into being in 1993 and since then it has been a member of NATO, OCED and EU. With high incomes, GDP per Capita, stable economic growth and overall better economic outlook, Czech Republic is a developed country, which has attracted many investors over the years (OCED, 2010). The automotive industry of Czech Republic is one of the most important sectors of the Czech economy where it has witnessed a lot of foreign investment. Technologically advance infrastructure, high incomes, stable economy and changing consumer preferences means that the industry offers some serious prospects fro growth. Currently Skoda is leading the automotive industry of Czech Republic (Pavlà ­nek, 2008). Best Entry Mode and Justifications Political and Legal Factors: It is mainly due to favorable political-legal macro environmental factors that it joint ventures appear to be more feasible as compared to licensing or exporting. Firstly, the government of Czech Republic is extremely enthusiastic and serious about increasing and encouraging foreign investors to enter the Czech market and invest in it. Therefore, the government offers various incentives, which include corporate income tax relief, job creation grants, training grants, transfer of land on discounted rates, discounts of purchasing land for businesses and others. Secondly, the government is taking all possible steps for improving the infrastructure in the country, which will further increase the demand for automobiles in the country. Third, the government of Czech Republic is also considering adopting Euro by the 2013-2014 (OCED, 2010). Economic Factors: Czech Republic is high-income country and one of most developed and industrialized countries of European Union. Stable Economy, healthy inflation rates and ranks 26th in the world in terms of GDP per capita, Czech Republic has a strong banking system. Furthermore, it has been ranked high on the factor ease of doing business. Despite the fact the economy shrinked due to the current crisis with negative GDP growth rates, but the country has plans for even more aggressive growth as the economy recovers in order to make up for the lost growth in the recession. Therefore, the country offers many prospects of growth (OCED, 2010). Social Factors: Unlike other European countries, 71 percent of the Czech Population is the age bracket of 15-64 years. Since these are the people who are the prospective buyers of automobiles, there are chances of extensive growth (OCED, 2010). Technological Factors: Czech Republic has been ranked as the 4th country in world in terms of attractiveness for automotive research. Furthermore, the country has a huge pool of skilled labour, both in managerial and technical fields. The country has high level of IT spending which is around 3.2 percent of the GDP when the EU average is around 2.72 percent (Czinkota, et.al., 2010). Rivalry: -Another reason for the same is due to high rivalry amongst the current players in the industry. Players like Skoda, Fait, Toyota, Ford, Citron, Renault and others are almost balanced with each other, which fuels the rivalry. However, if a competitor of considerable, even moderate financial and technological strength decides to enter with a joint venture, then it would disturb this balance of the industry by making the partnership emerge as the biggest firm of the industry. Quite understandably, the same would help in decreasing the threat of rivalry in the market (Czech Invest, 2009). Economies of Scale: Without any doubts, automotive industry is one those where historically, firms have always tried to rake advantage of economies of scale by large-scale production. However, presence of many players and their own different production houses means that none of the player has been able to take complete advantage of it. However, with a joint venture, both the companies would be able to produce together and produce more, thus reaping the benefits of economies of scale (Pavlà ­nek, 2008). Cost of entry: Entering in any automotive industry of the world requires considerable amount of investments as compared to many other industries. Moreover, with increasing investment, increases the overall risk in operations as well. Therefore, it is advisable to get to establish partnership with other firms so that the cost of entry could be reduced and at the same time, substantial level of control over the operations could be gained as well (Czech Invest, 2009). Access to distribution channels: Distribution channels hold immense importance for any industry, however, for automotive industry marketing and distribution channels are of above average importance. Customers are greatly influenced by the distributors, therefore, access and partnerships with them is really important. However, presence of well-established existing players means that any firm, which tries to enter directly the automotive industry, would have to face a tough time, at least in its initial days, for getting access to the distribution channels. Joint venture with an already established partner in the market would mean that the firm would not have to put considerable amount of energy in this regard (Pavlà ­nek, 2008). Cultural barriers: Quite reasonably, Czech Republic has its own culture, which has not been researched very much since it has been less than two decades since it became an independent country. Any new entrant in the market would face cultural barriers, however, with joint venture, the player which is already working in the market and has know about he dynamics of consumer behaviours and market conditions would offer substantial help in overcoming this barrier.

The Summer Of The Falcon Essay -- essays research papers

The Summer of The Falcon Every popular novel must have an interesting story, suitable conflicts, and a theme. In the novel The Summer Of the Falcon, the author Jean Craighead George parallels the maturation of the main character with the teaching of a bird to fly and take commands. June becomes mature and grows form childhood to adulthood, In the end of the story, June is not a child anymore. Neither is the falcon. It has fully grown and has decided to live independently, without any of June's support. The main theme of the novel is maturity, freedom and realizing the cycle of nature. Of these three, maturity is the most important. When the story begins, June is just a little child, and she hates to do any housework. For example, she dislikes dressing up, cooking, and other chores. We can see that in P.19 "June was still rebellious, "Why can't woman be trained to do something else? Beds and dishes are so horribly dull." But finally, by training the falcon, we can see the comparison between June and Zander(the falcon). First Zander is just a little pet for June. With the training by June, and the mistakes that he fall into the river, he grows matured has been well trained. At the same time, June also has been trained by her mother and, watching the things happen to Zander, June becomes mature too. She helped her mother by carrying suitcases and boxes and walked carefully up the stairs to her room,...

The Global Fund :: Health, Diseases, HIV/AIDS

The threaded discussions have demonstrated that communicable diseases are the leading causes of illness, deaths, and disability in the African continent. In this regard, the economic costs in terms of prevention, treatment, and loss of productivity are undeniably enormous. Most, if not all of the human and financial resources allocated to Africa have focused on disease-specific intervention programs, such as prevention or treatment of malaria, tuberculosis and HIV/AIDS. Yellow fever, like malaria, is transmitted by mosquitoes and share similar symptoms. Although both diseases are preventable, there is a vaccine available for yellow fever. The yellow fever vaccine is expensive, and not readily available in poverty-stricken areas (Monath & Cetron, 2002). It is a concern for public health officials in Cote d’Ivoire when an outbreak occurred in January 2011 (Whittett, 2011). Since yellow fever occurs only in some parts of Africa and tropical South America, Staples, Gerschman and Fischer (2010) of the Centers for Disease Control (CDC) have recommended that travelers to these areas get the vaccine. In African nations besieged by economic instability and political turmoil, the disease has brought untold hardship and indescribable misery to its citizens. It is sad to note that children below the age of fifteen are most often infected with the disease. The United Nations Childen’s Fund (UNICEF), World Health Organization (WHO), and the World Bank have joined together to ensure that 33 African countries add the vaccine to its routine vaccination programs. These organizations have shown studies that the vaccine would be cost-effective (Global Alliance for Vaccine and Immunizations, 2005). As pointed out, funding for the vaccine is a major problem and concern for these poverty-stricken economies. The WHO (2010) is launching an appeal to raise $30 million dollars to secure the vaccine stockpile for 2011 to 2015 for all 33 African countries. The Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM) is an international financial organization that is completely funded by the world’s developed nations. The organization invests the world’s money for interventions against AIDS, TB and malaria. To date, it has committed US$ 21.7 billion in 150 countries to support large-scale prevention, treatment and care programs against the three diseases (The Global Fund, 2011). In Southern Africa, the Global fund allocated $2.

American Society for Training & Development: A Closer Look

Organizations exist for different purposes. There have been countless successful organizations but there were also equal numbers of unsuccessful ones. The American Society for Training & Development (ASTD) is clearly a successful organization. It is considered as the world’s largest association that is committed in workplace learning and performance professionals. Its members originate from different countries worldwide. ASTD is a committee organization which consists of a group of people who usually lead the whole organization. This type of organization, though it has a broad decision making, has a limited functional authority.The good thing on committee authority is that there is harmony between executives and co-workers. Even executives who have lesser experience can broaden their perspectives through active participation. Moreover, there is an assurance of continuity of committee functions. On the other hand, this type of organization is time consuming. Others also say tha t â€Å"committee is made up of the unfit selected by the unwilling to do the unnecessary. † There are also instances when the chairman is forced to make a decision when the committee members have difficulty arriving at a unified agreement.The responsibility is divided among the members and it seeks unanimous decisions. Committee organization is best used to represent interest groups, training, innovation and coordination of planning. The ASTD have the following services: they provide resources for the professionals, which are helpful for researches and publications. They also conduct conferences and expositions in different locations and facilitate the online communities. Aside from these, the ASTD offers programs and choices for careers. ASTD seeks to create a world that works better through exceptional learning and performance.They envision a world-wide leader in workplace learning and performance. Harrison says that leadership is really all about performance. In this case , wherein a 16-member team leads the members, the ASTD is spearheaded by designated leadership. The 16-member team takes responsibility for the whole members and drives them towards their goals. The designated leaders also think of how they will achieve these goals. One of the best things about what ASTD offers to its members is the wide array of resources from the marketplace that they can have access to.They have online environments where the members can gain access to resources such as articles, book summaries and reviews on topics ranging from management to trainings. Aside from these, there are also magazines, newsletters, research reports, Webpages and blogs. The organization also made way for the Training Fundamentals Community where the members can have access on different resources available and connect them to their peers who can help in developing training solutions for a particular organization.The ASTD also conduct conferences and expositions with world-renowned leaders as speakers. The members learn a lot of new things, whether theories or models, that they can adapt to their organization. This facilitates a better workplace learning and performance. The organization also offers exhibit and sponsorship opportunities for their training suppliers. It also offers many choices of certificates from education programs. ASTD also holds the Benchmarking Forum which offers opportunities to benchmark the practices and processes of the members.ASTD is clearly a place where a professional can be more professional. Their resources and programs will be the vehicle for an organization to achieve its success. Being a good leader or a professional means you follow principles that are good for the organization. You have to find ways on how to improve your skills and competencies. There will always be room for improvement to be able to lead the organization to that sweet success. REFERENCES http://www. astd. org/ASTD

Legal Environment of Business Management

Case Questions1. Many states prohibit their lottery tickets from being sold out of the state, so Pic-A-State would have it agent buy lottery tickets in various states and hold them there; someone in Pennsylvania would buy a claim on the tickets held in the other states. Congress passed a law prohibiting interstate transmission of lottery ticket information to be used for lottery ticket sales. Pic-A-State, which was being put out of business, challenged the law as unconstitutional. Was this correct? Pic-A-State Inc. s challenge stating that the law Congress passed prohibiting interstate transmission of lottery ticket information to be used for lottery ticket sale was unconstitutional is not correct. As per out text, the Commerce Clause of the United States Constitution provides that â€Å"Congress shall have Power†¦ To regulate commerce with foreign Nations, and amount the several states†¦ † Congress has the power to regulate interstate commerce that includes transmis sion of information by computer for purchasing lottery tickets.Although Pic-A-State did not transport actual lottery tickets across state lines, but only sold interest in lottery tickets via computer, their activity may still be regulated by Congress. Congress has acted under their constitutional exercise and power to legislate under the Commerce Clause. This law has protected the state lottery revenues, and preserving state sovereignty in the regulation of lotteries and interstate gambling.2. Plaistow, New Hampshire, passed an ordinance prohibiting truck traffic during late-night hours at a truck terminal loading and unloading facility.It did so to reduce noise and fumes for the benefit of town residents. The truck terminal had been in operation several years. Most of the trucks came five miles from an interstate highway to change loads. The truckers contested the regulation as a restriction on interstate commerce and maintained that regulating an area (interstate trucking) subject to federal regulations was illegal. Were the truckers right? I believe that the truckers were correct, stating that the regulation was a restriction on interstate commerce. As a person, I can understand the importance of regulating and restricting noise and fumes for the town residents.However, this terminal had been in operation for several years and poses a very important role for truckers as it allows them to pick up and drop of loads of many different products that need to be received in a timely manner by their purchasers. By regulating and restricting the operating hours of these truckers, they were imposing burden on interstate commerce. Only Congress can burden interstate commerce, and since Plaistow, New Hampshire as a state did not get approval from congress, this would be an unconstitutional regulation that imposes on interstate commerce.3. The state of Iowa has a statute limiting to 55 feet the length of trucks on it highways. This made it illegal for commonly use doubl e-trailer trucks 65 feet long to use Iowa highways. The shippers had to either use shorter truckers or go around the state. Iowa justified the regulation on the basis of safety on the highways, and because the bigger trucks caused more damage to it highways. Was this regulation constitutional? No, this regulation is not constitutional Iowa’s law substantially burdens interstate commerce as it uses regulations out of step with all of its neighboring State’s regulations.Moreover, Iowa discriminates against out-of-state interests by providing Iowan’s exemptions that are not extended to out-of-state interests. The safety benefits are not enough to be greater than the national interest in keeping interstate commerce free from interference, and this regulation was completely hindering the interstate commerce.11. A church owned land in a rural area that it used as a recreation area for disabled children. A fire in the area-destroyed vegetation, allowing flooding to occ ur. To protect public safety, the county adopted an ordinance prohibiting any new building in the area until it determined what to do.The church requested to rebuild was denied for six years while the county pondered what the building code, if any, should be for the area. The church sued for loss of use of the land. Could it recover under the just compensation clause of the Fifth Amendment? Yes, the church can recover it loss. The Fifth Amendment provides that â€Å"private property shall not be taken for public use without just compensation. † The Fifth Amendment does not prevent the government from taking property from private individuals, but does require that just compensation be paid.