what happened at Kmart :: essays research papers

Kmart, once the leader in the discount store industry, has found itself surpassed by Wal-Mart and Target in recent years and is now facing the possibility of closing its doors. The differences among the companies’ successes can be seen in their business models and strategies. Wal-Mart focused on decreasing expenses and Target established its market placement as a high-quality low-cost discount store. In contrast, Kmart used a promotions-driven business model. Because of this, Kmart focused on trying to generate sales from promotions, rather than trying to cut expenses to increase their profits Management contributed greatly to Kmart’s problems by not paying attention to their business environment. As their competitors worked at lowering costs and improving customer service, Kmart continued with its strategy to carry as many products as possible and offer promotion after promotion. Even after Charles Conaway took over, he continued expanding the products carried rather than focusing on those products that were most profitable. In all respects management failed to embrace technology as a means of improving the business. It was not until 1987, that Kmart began to put money into its information infrastructure. However, management rejected any use of technology that could benefit them. For example, while Kmart had the capability to collect data for forecasting, it did not. Rather management still developed the forecasts themselves. Additionally, a proposal to integrate computer systems in distribution was rejected because management thought it too costly. The technology lag in the distribution centers was so bad that reorders were often based on hand tracking. Kmart’s supply chain management contributed to their problems. The company did not have a strong relationship with suppliers. Unlike Wal-Mart where the supplier relationship focused on establishing strong sales of individual products, Kmart’s suppliers pushed them to sell as many products as possible. Because of the push of products into the system, Kmart continued using the promotion-based model. The promotion-based approach in turn led to inconsistent demand for products that made it difficult for Kmart to forecast and maintain optimal inventory levels. Also contributing to the supply chain problems was the organizational structure. The majority of shipping was planned centrally, rather than at the local level causing store inventories to be either in excess or short. Particularly in cases where inventory was in excess, stores ran into problems with warehousing and shrinkage.   Ã‚  Ã‚  Ã‚  Ã‚  The effort to rebuild the supply chain management systems was a step in the right direction.

As Computing Mark Scheme

UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Subsidiary Level and GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9691 COMPUTING 9691/01 Paper 1 (Written Paper 1), maximum raw mark 90 This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers. Mark schemes must be read in conjunction with the question papers and the report on the examination. †¢ CIE will not enter into discussions or correspondence in connection with these mark schemes. CIE is publishing the mark schemes for the May/June 2009 question papers for most IGCSE, GCE Advanced Level and Advanced Subsidiary Level syllabuses and some Ordinary Level syllabuses. Page 2 1 (a) Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 (i) To allow the user to give the computer data/change data into computer understandable form (ii) To allow the computer to give information/communicate with the computer/to change information from computer into human understandable form (iii) To keep data while the computer is not using it (1 per dotty) [3] (b) -Black and white laser -e. g. Use in office to produce letters -Produces high quality/speedy so does not develop large queue on a LAN -Colour laser -e. g. To produce reports for a meeting -High quality outputs/can produce large quantity quickly -Dot Matrix – e. g. Print receipts at checkout/tickets on railway -Produces more than one copy at a time, one for customer + one for shop -Inkjet -e. g. Doing homework at home -Relatively cheap and slowness does not matter -Plotter -e. g. Produce architect’s plans -Precision drawing tool -Braille printer -Producing documents/books for blind people -Outputs physical/3D form of data (3 per type, max 3 types, max 9) 2 (a) (i) Name: Text/String/alpha/alphanumeric Description: Text/String/alpha/alphanumeric Cost: Currency/integer/real/float Whether: Boolean Number: Integer (1 for first three, 1 for last 2) (ii) Field Sizes: 10 50 4 1 1 66 – 50 – 250 – 8 – 4 – 313 bytes (1) [9] [2] Total (1) for showing that the field sizes should be added up Multiply Total by 1000 (1) = 66000 to 313000 bytes Add extra (10%) for overheads (1) = 72600 to 344300 bytes Convert to sensible unit (? 024) (1) = 70. 9Kb to 344. 3Kb. (5 possible mark points, max 4) [4]  © UCLES 2009 Page 3 Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 (b) Advantage: -Processed/Searched more easily/quickly/Estimate of file size is easier -e. g. When a customer wants to kn ow the availability of an item the record can be found quickly/makes selection of storage easier Disadvantage: -The size of fields must be determined before use so space is often wasted/not sufficient -e. g. The â€Å"description† field may not be large enough for a particular item. 1 per -, max 4) [4] 3 -Working from home -Fewer journeys/more free time/less supervision†¦ -Different types of jobs/jobs lost/job opportunities arising -Production line/manual jobs being lost/replaced by more technical jobs -Work done can be more visible to managers -All work/times working can be seen/leading to rewards where appropriate/sanctions when poor effort -Safety of workers is improved -Computers/robots do dangerous tasks/can be used to accurately monitor dangerous processes -Work time can be less rigid -Work can be fitted in round other commitments/leads to simpler ways of job sharing -The 24 hour job/office/commitment/world workforce -Workers may always be contactable/throughout th e world/communications. (Up to 2 per group, max 3 groups, max 6) [6] (a) Line X A OUTPUT CONDITION 1 1 3 1 1 4 1 1 1,1 5 2 1 6 2 1 TRUE 3 2 4 4 2 4 2,4 5 3 4 6 3 4 FALSE 7 3 4 (1 for values of X and matching line numbers; 1 for values of A corresponding to values of X; 1 for giving correct outputs; 1 for giving 2 conditions) [4] (b) (i) Change X = 3 to X = 11 (ii) -A first line to allow user to input value (N) -UNTIL X = (N + 1) [1] [2] 4  © UCLES 2009 Page 4 (c) e. g. Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 X=5 REPEAT A=X*X OUTPUT X, A X=X+5 UNTIL X = 25 END Mark points: -Begins with 5 (as first output) -Loop with working condition -Counter correctly incremented 5 (a) (i) -Options appear on screen from which to select -Selection may lead to submenus -Menus arranged in a tree structure (from single root to many branches) Use: In a passive information system e. g. Tourist guide at a train station. (1 for use, + 2 other -, max 3) [3] [3] (ii) -Follows a spoken language allowing user to input queries in normal vocabulary/syntax -Computer understands keywords/positions in sentence to get idea of syntax -Will then search database for keyword to provide output or responses. Use: e. g. On an expert system or search engine. 1 for use, + 2 other -, max 3) [3] (b) -Provides utility programs to allow user to carry out maintenance tasks (any 3) -Provides security measures like passwords and identifications. -Controls the hardware and the operations they allow. -Provides translators to convert softwa re into a form useable by the computer. -Manages interrupts. -To provide a platform for the execution of software (1 per -, max 3) 6 (a) (i) Data is transmitted along a single wire/one bit at a time. (ii) Data is transmitted along a number of wires/one byte (or more) at a time. (iii) Data can only be transmitted in a single direction. (iv) Data can be transmitted in both directions but only one at a time. (b) (i) -Each byte contains an even number of 1’s -A special bit is set to 0 or 1 to ensure that total is even. Byte is checked for even number of 1’s after transmission. (1 per -, max 2) (ii) -When two bits are in error the errors cancel each other out/10101001. [3] [1] [1] [1] [1] [2] [1]  © UCLES 2009 Page 5 7 Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 -Data collected on site/by drilling /observation/explosions -Data collected remotely/by satellite/by electronic means -Collected data input to system via HCI/ automatically -Data input is compared to library of data to find matches†¦ -by inference engine†¦ -Using rules found in rule base -Decisions made about geologic structure reported through HCI. (1 per -, max 4) [4] 8 a) -Site map -a diagram showing the way the different screens fit together -shows the links between screens, -Gantt chart/progress chart -shows the different parts that need to be developed -shows which parts of the development are independent and which are reliant on each other. -Spider diagram -to show interaction between the different elements of the solution -and those parts which are independent of each other. -Flow diagram -to show the order of producing the parts of the solution -or to show the flow through the proposed site. (Up to 2 groups, up to 2 per group, max 4) [4] (b) -Documentation for owner of site -will be paper based -will contain instructions for changing/maintaining site -Documentation for viewer/visitor to site -will be on-screen -giving d etailed help on searches/use of facilities/communication with site owner†¦ [4] 9 -Sound -Music to accompany the pictures/speech to explain the pictures†¦. Video/animation -Moving pictures to better describe the object on the site -Automatic hard copy/saving -Automatic downloading of data to printer/hard drive for future reference. -Hyperlinks -Allowing access to different sites/parts of site (Up to 2 groups, up to 2 per group, max 4) [4] 10 Colour: -Contrast -Corporate schemes -Aggressive/passive/soothing colour schemes -Consistency over site to make site look cohesive -Use colour to provide emphasis -Accessability issues e. g. colour blindness  © UCLES 2009 Page 6 Mark Scheme: Teachers’ version GCE A/AS LEVEL – May/June 2009 Syllabus 9691 Paper 01 Layout: -Consistent layout so user gets used to ‘what is where’. Important things to top and left -Data spread out across whole screen -Tab order -Group similar data together Content: -Limit to amoun t of content on a page -Content on a page is cohesive -Content matches the published intentions of the site -Content is of sensible type and reading age for audience. (1 per -, max 2 per group, max 6) [6] 11 -The bit rate is a measure of the rate that data can be sent across the communication medium -Different communication media have different bit rates -For simple text/still pictures†¦a low bit rate connection is adequate -because volume of data per page is low and fixed -For (live) video/sound†¦bit rate needs to be high -because large volume of data which must be downloaded in real time because†¦ -information is time sensitive. 1 per -, max 4) [4] 12 (a) (i) -Custom written software is especially written/according to the requirements of the customer -Off the shelf is readily available/needs tailoring to the needs of the customer [2] (ii) -no delay as it is ready immediately -No shortage of experienced users/ready trained/No learning curve -Software should be error free -Help available through Internet/colleagues/courses -Compatible with other users/software (1 per -, max 2) (b) (i) -Check data input to ensure it matches source data -Typed in twice†¦ -by different people/at different times -inputs checked against each other for errors -manual check by comparing†¦ -screen output of input with original document. (1 for first -, + any 2 other -, max 3) (ii) -Check data input is sensible/follows set rules/are reasonable -Data type/should be numeric -Data format/should be in currency form/xxx. xx -Length check/input should be < x characters -Presence check/something has been input. -Range check/value between 0 and some upper limit (1 for first -, + any 2 other -, max 3) [2] [3] [3]  © UCLES 2009

Corporate Social Responsibilty - 2556 Words

08 Fall 08 Fall PEST Analysis amp; CSR on Deajan Holdings PLC PEST Analysis amp; CSR on Deajan Holdings PLC December 20th 2012 December 20th 2012 Management Management Table of contents Cover page†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 1 Table of contents†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 2 Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 3 CSR†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 4 Political factors†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 7 Economical factors†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 Social factors†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦... 9 Technological factors†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 10 Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 10 Reference†¦show more content†¦The essential aim is to hold corporations responsible for their actions and encourage a positive result through their business activities that affect communities, stake holder, consumers and society. Environment: â€Å"As a property investment company with only limited development activity Daejan has a relatively low overall climate change impact† ( Deajan Financial Report, 2012) However the company acknowledges its responsibility to lower any issues or negative impacts that result from carrying out business activities, Deajan attempts to make such changes whenever presented with the opportunity to improve the environment. The majority of properties owned by Deajan have been constructed way before the introduction of energy efficiency regulations and modern environmental issues, thus making it unpractical and economically unfeasible for the organization to reinvent and reconstruct properties. However Deajan provides a continuous service of repair work to many properties, resulting in the opportunity to make adjustments and improvements towards energy efficiency of their buildings as well as plants. Also when the company engages in new developments or refurbishments of older properties they aim to attain the highest â€Å"BREEAM† rating. The BREEAM rating is an assessment that is broadly used to determine environmental issues in relation to buildings. Also within the organization Deajan encourages a culture amongst staff and employees toShow MoreRelatedWhat Does Globally Responsible Leadership Mean to Me1486 Words   |  6 Pageswhen the primary focus of all business organizations was profit maximization and to be the no 1.Today the principles of triple bottom line i.e people-planet-profit (having replaced the double bottom line) , sustainability, corporate citizenship and corporate social responsibilty have occupied the center stage of all business processes.Apart from the interests of shareholders,it is imperative to take into account the stakeholders too that include workers, clients, suppliers, environment, the communityRead MoreThe Social Responsibility Of A Social Service899 Words   |  4 Pages Man is a social animal so he cannot live alone. Society does its best to provide the individual with all the comforts amenities and facilities of life. So it is duty to do service for others. Nowadays more and more organizations are engaging in positive way often referred to as corporate social responsibility. It is important to doing a social service all organizations. CSR aims to embrace responsibility for to reassure a positive effect on the environment and stakeholders containing consumersRead MoreThe Impact Of Csr On Society, What Activities Can Not Live Alone810 Words   |  4 PagesMan is a social animal so he cannot live alone. Society does its best to provide the individual with all the comforts amenities and facilities of life. So it is duty to do service for others. Nowadays more and more organizations are engaging in positive way often referred to as corporate social responsibility. It is important to doing a social service all organizations. CSR aims to embrace respon sibility for to reassure a positive effect on the environment and stakeholders containing consumers,Read MoreCorporate Social Responsibility Of Cigna Corporation902 Words   |  4 PagesCigna Corporation social responsibility, to see if they contribute to society through good business practices, by providing good work environment, good citizenship and solving social issues. We will incorporate terms such as sustainability, strategic philanthropy, cause marketing, shared value, stakeholders, and global perspective. We will see if Cigna Corporation really following the corporation social responsibility of the 21st century. 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Al though various firms are becoming increasingly involved in Social Responsibility, the question has been raised to determine the significance of implementing this concept within contemporary organizations; which leads to the purpose of discussion in this essay: Is Social ResponsibilityRead MoreSocial Entrepreneurship1926 Words   |  8 PagesEveryone describes social entrepreneurship differently. While many have been able to describe the traits and features of a social entrepreneur there doesn’t seem at all to be a consensus about the definition of what constitutes the field of social entrepreneurship. Susan Davis and David Bornstein in their book, Social Entrepreneurship: What Everyone Needs to Know define social entrepreneurship as â€Å"a process by which citizens build or transform institutions to advance solutions to social problems such

We Must Protected Our Society From Repeated Offenders

People who keep committing crimes over, over and over again about to start facing serious jail time, the book discuss that we must protected our society from repeated offenders. Therefore kids who committing murders are about be charged as adults. The reason for that because kids know right from wrong, why give them a leeway just because they are kids. If you don’t punish kids for what they did first time they going keep doing it until they are punish. It’s not about protecting the offender but protecting the victims that’s been hurt by offenders (pg.322). However we offered many programs so that offender can stay out of trouble and not repeat the same crimes over. The book talks about the diversion and transitional programs that can be helpful to juvenile’s, so they can stay out of trouble. Diversion program allows the teen speak with social worker and probation officer. While the transitional program help them earn jobs in community and earn high school diploma or some trade while in detention center. These programs are just not offered to juveniles they are many programs for people while in prison or federal prison that they can attend. Frustration – aggression theory best describes this case study. The reason I choose frustration aggression because Shawn was having problems sleeping at night and problems with his parents due to him smoking and drinking. The frustration lead Shawn go into his parents’ bedroom and stabbed his father in arm,Show MoreRelatedEssay Parole Should Be Abolished1714 Words   |  7 PagesNew York. It’s process provides for early conditional release from prison for convicted felons, after part of their prison sentence has been served, and they are found to be eligible for parole based on factors such as: conduct while incarcerated, rehabilitative efforts/progress, type of offense, and remorse for their crime. Its use has been expanded to many states, and today has become the primary w ay by which offenders are released from prisons and correctional institutions. Unfortunately, paroleRead MoreThe Decision For Transfer A Youth3437 Words   |  14 Pages The decision to transfer a youth to criminal court is a very sensitive subject to every individual who care about the young ones in society, because it pertains to our youths who are considered to be â€Å"the future.† Many will ask under what circumstances transfer should be allowed. Some believe that the best course of action regarding juvenile offenders is not transferring them to criminal court but rehabilitation – these individuals view punishment as a failed strategy for changing behavior, teachingRead MoreThe Prime Function Of Keeping Medical Records1917 Words   |  8 Pagesphysical area surrounding a person which must not be violated without the consent of the person in question; the second being the privacy of the person which relates to protection of one against unnecessary intrusion i.e . searches and disclosure of information which can violate ones moral sense; and finally privacy in an information context which deals with the accumulation and disclosure of information. 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Data from the criminal justice system, hospital patient medical records and mental health records, police reports, surveys and social services reports of thousands of women revealed that many are injured and killed as a result of violence from someone close to them. â€Å"The US Office on Violence Against Women (OVW) defines domesticRead MoreAnimal As We Love Ourselves3256 Words   |  14 PagesLove Animal As We Love Ourselves Do animals have feelings too? Yes, of course animals have feelings just like humans do. This means that if humans are not abused or neglected, then animals should not be abused or neglected too. Imagine someone walking into a house to be greeted by a dog or cat with bruises, scratches, hungry, and in pain. These animals have been abused or neglected until they die from suffering. Animals are beaten and starved everyday and millions of helpless animals

Patriotism in Malaysia - 1747 Words

The Malaysian Bar Patriotism cannot be forced onto a Malaysian Contributed by Charles Hector The compulsory national service training programme is intended to foster the spirit of patriotism, encourage racial integration, and develop positive and noble traits among the younger generation (Malaysiakini 13/6/2003). The targeted group is our youth of about 18 years. The object of this programme was expressed by Defence Minister Najib Tun Razak, who chairs the special cabinet committee. The programme will focus on basic military training, patriotic training and personal development including community service. (Malaysiakini 17/6/2003) In the military, one is trained to follow orders of superiors without question. Would this be one of†¦show more content†¦Suppression of patriots kills patriotism. The announcement by the Minister of the removal of the controversial clause in the National Service Bill which makes it an offence to incite others from not participating in the programme was retracted due to complaints from the public (Malaysiakini 25/6/2003) must be applauded as a success for the cause for freedom of expression and as an example of a good leadership trait, ie of a leader that listens to voices of the Malaysian people. In tabling the Bill, the Minister was reported to have said that it is the responsibility of the people to ensure that multiracial Malaysia continues to be stable and strong to achieve development in view of various new attacks such as globalisation and liberalisation. Therefore, we cannot let the polarisation and alienated relation among races to continue. (Malaysiakini 25/6/2003). The national service training council is to have persons representing the major races. Malaysia is a multi-ethnic, multi-cultural and multi-religious nation. In Peninsular Malaysia, as an example, the major ethnic group cannot simply be said to be Malays, Chinese and Indians. Take Indians for example: they are in reality comprised of many ethnic groups like the Tamils, Telugus, Gujeratis, Punjabis, Malayalees and Goanese. Then there are also the Sri Lankan Tamils (Ceylonese)Show MoreRelatedWhat is Nationalism?796 Words   |  3 PagesI agree that the main reason for formatting nation-states is nationalism. Nationalism can be defined as a combination of patriotism with sensation of nation, it includes patriotism and nation concepts (Hayes 1960: 2). Kohn (1955) defines nationalism as a state of mind, each person will be piety to their state highly because of their nation-state (Berberoglu 2004: 6). Nation-state could be defined as a group of people who have the awareness to community which share a common culture, past memory andRead MoreResearch and Study on the National Service Training Program in Malaysa1009 Words   |  5 Pages CHAPTER 1: INTRODUCTION 1.1. BACKGROUND OF STUDY The National Service Training Program in Malaysia started in 2004 after the Malaysian Parliament agreed on the execution of the program. The objectives of the program are to increase the patriotism spirit among the younger generation, to instill racial harmony and national integrity, to from positive character through moral value, to develop volunteerism, and to create younger generation who are active physically, mentally and filled with selfRead MoreRukun Negara1624 Words   |  7 PagesThis idea was made after the bloody tragedy of May 13 1969 where a racial clash had eroded among some races in Malaysia. After the racial clash was solved, a special force was formed to protect the people’s life and make their daily work with a sense of responsibility and also makes them feel safe and assured. This ideology also has developed the people’s life with a sense of patriotism and love for the country. By analysis what actually started the May 13 riot is because of some supp orters of aRead MoreGovernment Policies Implemented.1204 Words   |  5 Pagesnation. Such movement had made the education issue to be prioritized in the aspect of nation building. Hence, the government agreed to set up a special committee led by Tun Abdul Razak (first Minister of Education and the second Prime Minister of Malaysia) to make several recommendations. This committee composed of high level of government officials and education experts from various groups (local and foreign). 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American Participation in NATO Free Essays

North Atlantic Alliance Organization was founded in 1949 by 12 countries: Belgium, Canada, Denmark, France, Iceland, Italy, Netherlands, Norway, Portugal, the UK, and the USA. Greece and Turkey joined NATO in 1952, Germany (German Federative Republic) in 1955 and Spain in 1982. The agreement that was signed between the members of NATO in Washington, April, 4 1949 assumed mutual assistance and collective security, primary against the threat of the Soviet Union. We will write a custom essay sample on American Participation in NATO or any similar topic only for you Order Now It was the first union of after war period in the history, made by the USA and which assumed the union of capitalist countries. The main reason for NATO creation were very aggressive relations between the USA and the USSR, especially after Warsaw Pact, or a pact that united all communistic regimes in Eastern Europe with the head of the USSR. The results of Warsaw pact were the following: besides mutual assistance in the sphere of economics, science and education the countries participants agreed the USSR to place its troops on their territories. Romania, Poland, DDR (eastern Germany), Bulgaria and Czechoslovakia agreed to dislocate Soviet troops on their territories. As the result a Soviet threat was created to the countries of Western Europe who were rather weak and could not have anything similar to individual defense after the WW2. In March 1948 five European countries signed Brussels treaty, which was the basis for NATO foundation a year later. The main principle of NATO is its fifth article, which says that all participants agree that military attack against one of the them is considered to be the attack against all of the countries participants. NATO’s principles were developed in the USA in accordance to the 51st article of UN’s rules that assumed the right to create organizations for collective security. This right also makes the nations to participate in economical, political and social integration and mutual assistance. NATO’ as military forces were formed in 1950 as a feedback to the events in Korea that turned into war in June 1950. Korean war or the aggression of North Korea was considered to be a part communist intervention in the east. The war ended in 1953 on the border of North Korea with South Korea on the 47th parallel the place where it had started 3 years before. The main body that directs NATO’s policy is the NATO’s council, which is situated in Brussels (before 1967 all the meetings were held in Paris). Every country-participant of NATO provides a representative f an embassy level, and the meetings are held at least once a week. NATO played an important role in the solution of different conflicts that took place in the world starting from war in Korea and ending military campaigns in Iraq and Afghanistan. If during the years of the cold war the biggest attention was turned to resistance to the USSR military system based in Eastern Europe, than in the years of after cold war period it’s mostly directed on the preserving peace and stability in the world. Probably the coldest relations between the USA and USSR started during Kennedy’s office as disagreements with Soviets led to the missile crisis in Cuba. That was a turning point in the relations between two countries that resulted into two decades of real â€Å"Cold War†. Scared by the dislocation of military bases in Turkey and Greece Soviet ministry of defense on the head with country’s leader Nikita Khrushchev decided to locate Soviet missiles on the island of Cuba, where new revolutionary government was loyal to communistic ideology and was financed by the Soviets. Fortunately missile crisis was solved, but it put the seeds of more distrust and mutual fear both in NATO countries and countries of Warsaw Pact. How to cite American Participation in NATO, Papers

Legal Aspects of Oil Management

Question: Examine and evaluate the key areas and features that governments should focus on during their negotiation process and in the drafting of contracts with the International Oil Companies. Answer: Introduction Resource rich nations intend to use their natural resources for the purpose of securing funds for their development process. In doing so, the governments enter into contracts with international oil companies to explore, develop their resources. The oil companies as well as the government put a lot of efforts in order to understand the commercial and technical aspects of oil exploration. The very first challenge which the governments face is the negotiation process. Countries like Kazakhstan, Bolivia, Mexico and various other developing countries consider their oil and natural gas resources as assets belonging to the country as a whole and not to any private individual or entity. No matter whosoever owns the surface land and associated rights, the oil and gas resources are owned by the government and this very fact is enshrined in the laws of the nations. Nations which are rich in oil and natural gas resources try to magnetize the participation of the oil companies which possesses ade quate expertise and resources so as to exploit and properly market their resources. But while negotiating they face several problems as these companies are far more experienced in negotiating these type of contracts and also their knowledge about oil exploration is much high. In the process of negotiation the oil companies appear to be extremely motivated. They make every possible effort to reduce costs. The oil companies tend to tailor their process of negotiation depending on the political situation in the impugned country. The attitude of the oil companies in the negotiation process is generally found to be inflexible, aggressive and cynical. As far as the governments are concerned, negotiating contracts in the proper manner is essential. Three options are available to the governments for development of their natural resources. These include; creation of state companies for exploration, production and development. For instance countries like, Mexico, Oman, Saudi Arabia, Venezuela have done so; inviting foreign companies to explore their resources and in the process develop them, as in the case of Russia, Canada, United Kingdom. They may as well use a combination of these two ways. Countries like Kazakhstan, Nigeria and Indonesia have done so. Setting the Parameters Governments do not pay adequate attention to the negotiation process in spite of the intense interest and size of the stake holders. As far as the producing nation is concerned, a lot is at stake with these types of contracts. Governments generally engage experts to handle the complex issues in these types of contracts; like, lawyers for their knowledge of the legal field, engineers for their technical knowledge etc (Langford, 2014). Oil contracts emerge out of direct negotiations. There are various complex issues involved in an oil contract. Negotiations generally flourish on indecision. Such indecision is the result of lack of awareness of the probable oil find, the alienation of the negotiating partner or the incapability to make future predictions. Good negotiators are well aware that whatever the situation might be there is always a weak point, if made proper use of the said weak moment there is a high probability to win. While negotiating oil contracts various issues must be considered. These include; the dynamic nature of market, the exploration costs, the probable size of the fields etc. This is a never ending list. Expertise and judgmental power is needed to determine the priority of each and every issue and then to be able to strike a balance so that none of the contracts are identical to each other. Issues involved in the Negotiation Process The issues which arise during negotiation process may be put under two heads; one is the conflict zone and the other includes the factors which are not generally paid heed to during negotiation process. These factors are the environmental, social, political and economic. The company spends almost 90-90% time in this zone. This is the zone where the company feels in control and recruits skilled personnel (Radon, 2012). Dealing with the indigenous communities Apart from the two principal contracting parties, i.e., the oil companies and the governments, the oil negotiations are of great significance to various other groups or individuals. These groups include, owners of the surface land, many a time indigenous communities as they nowadays they have started demanding compensation for the disturbance and use of their property. Though such groups are not formally part of the said negotiation process yet their demands have to be taken into consideration while negotiating. The demands of the local communities have to be settled through these negotiation processes. They generally ask for either compensation or jobs offers. The oil companies usually make commitments to engage local labor and also to render support in development of the local communities (Likosky, 2009). These negotiations are invariably time consuming at the same time intense. These negotiations are many a time heated as well. Factor of Time The negotiations of oil contracts are to a great extent dependent on time responsive factors like present condition of the market in connection with the price of oil, the prevailing political and economic situation in the host country as well as on the probability as to how such factors would vary in future. Thus an oil contract must include such terms which would be able to survive the challenge of time by way of anticipation of foreseeable as well as unforeseeable demands and changes. For instance, Norway, which was known for its instability had to introduce tax regimes favorable to the oil companies so as to allure the oil companies to come and invest in the uncertain and geographically challenging terrains. But Norway did not endanger its future by making these tax regimes permanent and increased the taxes within three years. There is one simple solution to deal with the problem of insufficient arrangement in the ever changing situations; to ensure that the contracts are more rea ctive to the changing circumstances. With time domestic conditions prevailing in a country also tend to change (HM Government, 2013). The stability clause has to be drafted in such manner that the oil company may be compensated for the changes which take place in the laws, rules and regulations of a country. For instance, a country is made to comply with a new environmental policy the cost of oil exploration and development would increase consequently. The oil companies in such cases would have to be exempted from the compliance of such law and if in case such exemption is not possible, the government would have to reimburse the oil companies for the cost of compliance. The stability clauses are used by the oil companies to exclude the application of the laws of the host country. Even the jurisdiction of the courts of the host country is not applicable to these clauses. Expert Negotiators In order to select the personnel who would represent the negotiating team the government faces various problems. Negotiation is no less than an art which requires giving effect to a plan, good tactics as well as the ability to segregate negotiable factors like compensation from non negotiable factors like matters concerning regulation, considering and addressing the concerns of the oil companies. It is evident that the oil companies are under any circumstance in a better position as regards skill, finance and preparedness while negotiating with the governments. On the other hand, the resource rich developing nations do not possess adequate technical, financial or legal knowhow. The nations must treat the negotiations as an investment and attempt to hire independent, skilled as well as dedicated negotiators so as to be on the same footing as the oil companies in the negotiation process. But the oil rich developing countries often overlook the importance of engaging expert negotiators for the negotiation process. Oil contracts invariably require expert advice as they cover a wide range of complicated factors. The aim of the oil contracts should be to reach mutually agreeable and reasonable balance between the interests of the investor company as also the nation concerned. It may be stated that expert advice is the mantra for being able to make successful negotiations. Conflict of Interest In negotiating these types of contracts the government often faces conflict of interest. On one hand the government is expected to act as the protector of public interest by using its regulatory powers. The government is also required to create an investment friendly environment so as to magnetize investors which in turn would create employment and render economic growth (Haley, 2004). On the other hand being the signatory to a commercial oil contract the government acts as a business personnel with the intention of profit maximization. Thus the government on the one hand intends to maximize profits from oil negotiations and at the same time it has to find objects for its own regulations. This type of problem though may be manageable in a developed nation it might not be so in the case of developing nations. Transparency It is expected of the negotiators to maintain transparency in the process of negotiation. Transparency is in fact deemed to be the key aspect to increase public acceptability of contracts. Transparency in this context includes, disclosing the contractual terms as well as the consideration paid there under though certain matter must remain confidential for a specific duration of time. Transparency also serves as a way for doing away with corruptions associated with these contracts. It is transparency which prevents government officials to incorporate or accept to such terms in the oil contracts which might face criticism from the citizens (Brinsmead, n.d.). Form of Contract The form or the type of contract is a critical decision for the government. There are four types of contract which the government and the international oil companies may elect to adopt while making the agreement. These have been discussed as follows; Joint Ventures A joint venture comes into existence when two or more parties intend to enter into a joint venture undertaking. It is essential for the ones who are parties to a joint venture to understand the ways by which each conduct their business, their goals as well as interests. In the absence of such understanding it is almost impossible to come up with a joint venture agreement. Since joint ventures are open ended contracts, oil companies as well as the government of the host countries are less likely to enter into a joint venture agreement. Advantages for the government: In case a government of a host country enters into a joint venture agreement the only advantage it can avail of is that it does not have to make decisions all by itself and it has the liberty to count on the expertise of oil companies. In fact under this type of contract the government shares profits along with the oil company. Disadvantage: There is a flip side to this sharing process. Along with profits, costs and risks must also be shared. Thus under this type of contract the government of the host country happens to participate directly in the process of oil extraction. Production-Sharing Agreements (Also Referred To As PSA) The major characteristic of PSA is that under these type of agreements the oil ownership rests with the citizens of the host country and not with private entities. But the management and operation of the oil fields along with the associated risks rests with the oil companies. The terms regarding finances in a PSA are almost similar to that of a licensing agreement. The government of the host country is entitled to earn a signing bonus but such bonus is generally waived so as to earn profits in future. Under this type of agreement the government of the host country must reimburse the oil company as operating expenses. Recovery of costs for the current expenditure is immediate whereas the recovery of costs for capital investment is done over a period of many years. The oil companies usually have to bear taxes which fall under its share but the governments of the host countries often waive such taxes and are included in the governments share of profits. The success of a PSA would depend upon the accuracy of the legal framework of the host country. Advantages for host government: All risks under this type of agreement rests with the oil companies. Apart from the cost of negotiation the host government would not have to risk any other losses. Even if an oil exploration project fails the government of the host country does not have to bear losses. These type of contracts enable the government of the host country to earn profits without having to make investments unless it does so with its own accord. Disadvantages for host government: The very nature of the PSA is that it is an inclusive document and this very nature serves as a disadvantage for the host government. License or Concession Agreements These agreements have been introduced in the early 1900s. These are primarily one sided contracts. In the present times such contracts serve to grant the oil companies exclusive rights for exploration, development, sale as well as export of minerals and oil for a specified time period. The oil companies offer the host countries signing bonus for acquiring such rights. These contracts are often opted forms of contracts. Advantages: From the view point of a developing country the advantages of this type of contracts are considerable. These type of contracts are far more straightforward as compared to other forms of contracts. The extent of export support and advise required for entering into this type of contracts are also comparatively less. Disadvantages: The prime disadvantage of this type of contract from the viewpoint of a developing country is its commercial aspect. The bidding process is generally similar to an auction. The oil companies have to take risks regarding the price for the license. Service Agreements Over and above the above type of contractual arrangements service agreements may as well be entered into. The essence of this type of agreement is that it provides disbursement for particular services and tasks. This type of agreement would not be very useful for the long run. Terms of Contract Certain provisions common to all the above types of agreements have been discussed as under; Parties When one of the parties is the government, the choice of parties must be made carefully. In case the host government becomes a direct party it has to bear unlimited liability as well as direct responsibility. But the said liability may be restricted if one of the government enterprises is made a party. Work Program The oil companies tend to slow down the projects which it considers to be comparatively expensive. Thus the host government must insist on such a work plan which unambiguously lays down the circumstances under which a project may be delayed or shelved. Stabilization Stabilization provisions, if incorporated, proved to be highly disadvantageous for the oil companies as it makes the legal system of the country ineffective and the government may have to pay compensation to the investors. Termination The contract must unambiguously specify the circumstances under which the contract would be terminated. Conclusion At present the oil producing nations must invariably possess the professional know-how for negotiating oil contracts with the international oil companies. The negotiation process must at the same time be open. The companies have to make the oil companies feel secure as to the fact that they would be treated fairly. A sense of fair return and fair treatment would I the long run prove to be beneficial for the international oil companies in this competitive market.