The Free Will Controversy Essays - Desiderius Erasmus,

The Free Will Controversy The Free Will Controversy Between the years of 1524 and 1527, Erasmus Desiderius and Martin Luther were tangled up in an interesting controversy (Bainton 187). This controversy surprisingly did not involve the authority of the pope, the nature of the church, indulgences, or any of the other practices that each man equally detested. It involved the philosophical topic regarding the question of free or enslaved will (Faulkner 171). Preserved Smith defines free will as the power to apply ones self to the things that make for salvation (348). This controversy was bound to happen for a number of reasons. First of all, Luther was becoming violent in his words and actions in general. Secondly, Luther made himself a target by his assertion in the Heidelberg Disputation of 1518. Luther's exact words were, Free will, after the fall, even when doing the best it can, commits a mortal sin. These two factors led Erasmus to speak out against Luther in De Libero Artitrio (On Free Will). Luther eventually answered back furiously in De Servo Arbitrio (On Enslaved Will) (Bainton 186-7). This was a superior work which explains to historians why Luther prevails in the end (Zweig 139). Erasmus was one of the most intelligent people of his century. Today however, he remains in the minds of most people as nothing more than another name (Zweig 3). In his time, he was the leader of all scholars in Europe from Germany to Italy and Spain and from England to Hungary as well. He stands above the other humanists and forerunners of the reformation (Schaff 402). His great mission was to bring back the spirit of classical and Christian Antiquity (Smith 33-4). Preserved Smith describes the first part of his life, specifically until 1524, as being progressive and reformatory; the second, until his death in 1536, he says was, conservative and reactionary (402). He is described as being somewhat of a nomad, never staying in the same place for more than eight years (48). Compared to his contemporaries, Erasmus did more than his share in preparing the church for the reformation (Schaff 402). Historians refer to Erasmus as the, illegitimate son of a Dutch priest named Gerard, and Margaret (Schaff 404). He was born in Rotterdam on October 27, in the 1466 or 1467 (Faulkner 30). He received his early education at Utrecht and then at Deventer where he began to impress people with his talents. Within him was a love was a passion for books and at the age of just 12, he knew Horace and Terence by memory (Schaff 404). When his father died, he was taken care of by three guardians. Their goal was to have him become a priest which gave them the power to rob him of his inheritance. They placed him in the house of the Brethren of the Common Life at Hertogenbusch. While there, Erasmus calls their houses as, seminaries of monasticism, and refers to their teachers as a, destruction to good intellect. They did not come close to destroying Erasmus's intellect. A few years later, his guardians convinced him to enter a monastery. He entered the Augustinian monastery against his will where he would spend five extremely unhappy years (Faulkner 323). After this, Erasmus went on to achieve his fame in doing the things he always wanted to do (Schaff 407-9). Despite the fact that Erasmus and Luther had many difference, there were ways in which they were similar. Both of them advocated a return to antiquity and an excitement for the golden age of Christianity and pagan Rome. They both had an interest in revolts against the mediaeval scholasticism. Another similarity lies in their child-hoods. They were both born into an era of individualism. Also, they grew up in cities that had recently developed in the same bourgeois class (Smith 321). Many differences between these two men led to their quarrel. Some of these differences were physical. Luther was the son of a minor. This along with his inborn energies made him the rougher of the two. Luther is quoted as saying, I gorge like a Bohemian and gulp down my liquor like a German (Zweig 132). Luther also spoke in a powerful German voice that was

Strategic and Stakeholder of Boots The WritePass Journal

Strategic and Stakeholder of Boots   STAKEHOLDERS: Strategic and Stakeholder of Boots Abstract:  STAKEHOLDERS:  1. Employees:2. Managers:  Connected Stakeholders1. Distributors:2. Shareholders:  External Stakeholders:1. The Government:  2. The Media:  Monetary and fiscal policies:Taxations:Money supply:Interest rates:Market forces:1. Competitors:2. Demand for boots products.Types of market:1.   Monopoly markets:2.   Oligopoly:Global Factors:Political FactorsPolitical instability:Strikes: Taxation:Economic factorsSocio-culture factors:PopulationCultureREFERENCE and BIBLOGRAPY:Related Abstract:   In this assignment discuss about Stakeholders, Monetary Facial polices, Market forces and global factors impacting on boots. Firstly, discuss the different stakeholders of Boots as well as their interest and impact on stakeholders such as suppliers, stockholders, political, economic and technological. Secondly, discuss the monetary and fiscal policies that can impact on Boots operations as well as their interest. Thirdly, discuss about the market forces that are most likely related to boots business operations, it should respond to these forces as well as include the type of markets the company operates Finally, discuss about the global factors that can impact on boots its operations in China. Q.1: Identify key stakeholders of Boots and discuss the strategies that the company can use to meet the interests of its key stakeholders.   STAKEHOLDERS: Stakeholders are persons or company who has concern in the positive and can be affecting by the performance of the firm.It is an individual, grouping or association that has through or indirect chance in a group because it can affect or be affected by the organization’s activities, objectives and policies. Worthington Britton (2003)   Different Types of stakeholders:    There are people who work inside the company and they are directly related to the operations of the organisations.   1. Employees: Someone who is paid for the performance of his or her duty by his or her company and can contain an officeholder, partner and sole-proprietor. It is an important to please workers as pleased and motivated employees be inclined to confirm superior level of production. The interest of employees in the company includes the flowing: Encouraging the interests of their members in terms of better pay and training. Fair behaviour by company. Personal development and good working environment. If their interests are not satisfied, the Boots are impact in following way: 2. Managers: A manager is the person who responsible for controlling or planning or directing or administering or monitoring employees works for a company. The interest of managers in the company includes the flowing: Job security. Keep personal power. Develop of the firm. If their interests are not satisfied, the company can impact in any of way:   Connected Stakeholders 1. Distributors: Distributers make the products of the company available to the customers. It is a representative who supplies product to stores and other industry that sells to customers. The interest of distributors from the company includes the flowing: Timely delivery of orders from the manufacture. Supply goods quality of products. Select fair prices by manufacture. If their interests are not satisfied, the distributors can affect the manufacturing company in any of way: Provide special treatment to the manufactures challengers. Delay payments to the manufactures. Not stocking the manufacturer’s products 2. Shareholders: A shareholder is a person or group personals encourage in a business and one who individual shares of stock in a firm or joint finance The interest of shareholders in the company includes the flowing: Market value of the investment. Safety of investment. Liquidity of investment. If the interest of shareholders is not pleased, than it can impact the firm in any of the following way: The firm close down. The company will lose capital. New people are not interest to invest money.   External Stakeholders:   These are people or organisations that survive outside of the company’s but can affect or be affected by the performances of the organisations. 1. The Government: The act or method of management, especially the organize and admin of public rule in a following element. The interest of the government from the company includes the flowing: Payment of tax regularly. The company should create jobs sector. Obey the laws or terms and condition of the country. If the interest of the government is not pleased, than it can impact the firm in any of the following way: Close down the company. Fine on the organisations. Force penalty.   2. The Media: The media general means is communication. For example radio, newspaper and television are different types of media. The interest of the media from the company includes the flowing: The firm should provide to them stories and news. Buying advertising space. If their interests are not convening, then they can impact the company in such ways as: Write negative or bad stories. Provide false news. Bad comment about the firm. 02: Boots is predominantly based in the UK and the national business environment can affect its operations. Identify and discuss the monetary and fiscal policies that can impact on Boots operations in the UK.   Monetary and fiscal policies:    Monetary: The regulation of the money supply and interest rates by a central bank, such as the Word Bank, in order to control inflation and stabilize currency. Sloman (2007) Fiscal policies: Decisions by the President and Congress, usually relating to taxation and government spending, with the goals of full employment, price stability, and economic growth. By changing tax laws, the government can effectively modify the amount of disposable income available to its taxpayers. For example, if taxes were to increase, consumers would have less disposable income and in turn would have less money to spend on goods and services. Sloman (2007) Monetary and Fiscal issues: Taxation Exchange rates. Government borrowing and spending. Inflations levels. Money supply. Interest rates. Regional Business Cycles. Monetary and Fiscal policies Impacts on boots:    Taxations: The taxations are a payment charge by a management or government on a manufactured goods, earnings or action. If tax is levy straight on private or group profits, it is a direct tax. If it is levy on the cost of a good quality or service,it is called an indirect tax. The intention of tax is provide money to government. For example, United Kingdom (UK) government has increased 17.5% to 20% income tax from jan-2011, it will be more impact on boots such as the company will increase their products price and they will lost consumer very shortly because the costumer are not interest to buy the products. If the government will reduce tax it will be more effect on boots positively. For example, the boots will reduce their products price and the costumer will buy the products more. Money supply: The money supply is all total deliver of cash in movement an agreed country’s financial system at a particular moment. The money supply is consider an essential tool for controlling price increases by those economists who speak that development in money supply will only guide to increase if currency claim is secure. Interest rates: The interest is a charge is pay or the use of cash. An interest rate is frequently spoken as a yearly profit of the most important. Interest rates frequently change as an effect of price increases and central formality policy. For example, if a lender (such a private or government bank) charges a customer  £50 in a year on a loan of 1000, than the interest rate would be 50/1000*100%=5%. If interest rates is low the boots are more interested to borrow money from the bank to invest in their company, if it is high they are not more interest to loan. Q.03: Explain the market forces that are most likely related to boots business operations and discuss how it should respond to these forces. Your discussion should also include the type of markets the company operates. Market forces: Market forces mean are the economic factors disturbing the price and ease of understanding of a service or product in a free market. Economic pressure caused by free trade and not governed by the action of the government. Weatherston   Wilkinson(2010) There are different market forces: Competitors: Demand for boots products. Suppliers of boots product. Consumers disposable incomes Consumer’s life style. Availability of substitute products. Cost of production for boots products. Employment levels. 1. Competitors: In industry, a corporation in the similar manufacturing or a comparable business which offer a related invention or facility. The attendance of single or extra competitor can diminish the price of merchandise and military as the company endeavour to increase a big market allocate. Opposition as well require company to develop into extra resourceful in command to decrease price. Campbell Craig   (2005) The competitors are a company who challenger each other for their products, marketing policy, manufacturing etc.For example: Supper Drugs and Glaxo Smith Kline are company are competitors. The impacts on boots are capturing new customer or keep in touch with old customer, take the great idol, rise on the top marketplace possible. 2. Demand for boots products. The sum an exacting financial high-quality or provision so as to a buyer or collection of customers will desire to purchase at a known cost. The demand is regularly descending slanting, because customers will covet to obtain additional as cost decrease. Demand for a high-quality or overhaul is strong-minded by various diverse factors other than charge.   Blair Hitchcock  (2007) For example: Co-co cola and Pepsi are   Ã‚  the cost of replacement products and fully separate to value or just about unlimited at a programmed price. The boots want that products those want to customer more. Types of market: A market is a position where consumer and seller act together. Basically there are many types of market whose classification is based on the use of the products that these markets offer, the different types of which are explained below. Monopoly markets Oligopoly Consumer markets Business-to-business markets Institutional markets 6.  Ã‚  Ã‚  Ã‚   Reseller markets 1.   Monopoly markets: Monopoly lies at the opposite end of the spectrum to competition. In its purest from a monopolistic market is one in which there is no competition at all, there is a single producer supplying the whole market. Morrison, (2011) There are many explanations why it happens. Few of them are refer to below: When a businessman get capital for a product which other people can’t get. When one gets expert enough such that others can’t handle his level of skill for that service. The manufactured goods provide excellent public utility and is most easy to use. May be the product or facility is recently made-up and therefore the technology existing booked with that provider. 2.   Oligopoly: An oligopoly is a marketplace subject by little large dealers. The amount of market attention is very high. Firms within an oligopoly produce branded products and there are also barriers to entry. Morrison (2011) Another main quality of an oligopoly is mutuality between the companies. This funds that each firm should get into bank account the possible reply of other firms in the marketplace when creation price and savings decision. These create insecurity in such market which economists request to copy from side to side the use of game theory. The Boots are operating in market following way:   A great compact of market power. A secure price rank, the price set by price management. A lot publicity or advertising and brand name. Non-price opposition is common. Irregular income can exit; their amount depends on the power of competitors. Q: 04: Boots has now entered the market in china as part its growth strategy. Identify and explain the global factors that can impact on its operations in China.    Global Factors: Global factors in China are relating to the whole word, worldwide, the communication will be in the global economy. Political factors. Economic factors. Socio-culture factors. Technological factors. Legal factors. Ecological factors. Political Factors Political factors is truthful information which is acceptable, but on the other hand able to be info Political factors are truthful information which is correct, but on the other hand can be information which knows how to be challenged politicians. This can be a number of equipment. For examples, Education, Employment, etc. Worthington Britton(2003). Political instability: Political factors in China have a tendency to concentrate on the identification of what improves  economic performance and governmental stability. China is a big country, both geologically and population wise. So a main concern is how to resolve the overall development of the nation. Strikes: Strikes are bad news for a country. If a person or company strike against of government or any other countries, it will be more harm for a country because the boots will not interest to invest. In this time boots will think, no invest any more or try to find another country. For example, in China, â€Å"Five big emerging powers expressed misgivings on Thursday about NATO-led air strikes in Libya and urged an end to the fighting which, together with turbulence elsewhere in the Arab world, has added to global uncertainty†. The Reuters, (Chaina, Thu Apr 14, 2011 1:21pm IST), Taxation: The taxations are a fee charge by a government on a product, earnings or action. If tax is levy instantly on private or group profits, than it is a direct tax. For example, In China, income is texted gradually at 5% to 45% and tax rate for domestic and foreign companies is 25%. Sometimes the boots are not interest to make a company because there have many to have below 25% tax. They will find better options. Those political factors are impact on Boots in China: The Boots in China their Company close down. The Boots will lose investor and shareholder. They will think alternative. They will lose trust of shareholders. Economic factors Economic factors are an activity of country, company or person. It will be exchange rates, demand of company or supplier, competition, transport costs, fuel or power prices and interest rates. If country’s economic growth is low the boots business will close down, staff cut, lose money and economy performed will run poorly. For example, In China, as the year 2009 fades into the distance in the rear view mirror, the Chinese economy has entered into unknown territory in 2010. Investors are universally far more upbeat than one year ago. Policymakers talk busily about adjusting economic structure as the new top policy priority, seeing no risk in achieving above 8 per cent growth. Huang (2010) The economic factors are impact on Boots in China: The Boots will lose capital. They will lose man power. Lose supplier. They are not able to sell low price products. The firm close down. Socio-culture factors:    Population In china directly connected to this is the people matter. If women observe staying at home and bringing up children as their chief role, they will have extra children than persons who job. (Appendix: 01) sustainablescale.org/images/uploaded/Population/World Population Growth to 2050.JPG Culture China might be a main control now, but it was the world’s residential country in the middle ages and stagnated for centuries. Part of this was cultural, a pleasure and sense of self-sufficiency that led to a closing of China’s borders. China looks to have long been stationary. Sometimes socio-cultures impacts on boots negatively, they are not interest to accept global business with other country peoples. As a reason boots are not interest to invest. REFERENCE and BIBLOGRAPY: Worthington, I. Britton, C. 2003, the Business Environment, Mandarin, London.   Aguilar, F. J.(1967) Scanning the business environment, Macmillan, New York. Sloman, J. (December 3, 2007), Economics and the Business Environment, Financial Times/ Prentice Hall, London Weatherston, J ,  Wilkinson, G. (Sep-2010),The International Business Environment, Lan brooks, UK. Campbell, D. Craig, T.   (2005), Organizations and the Business Environment, Prentice Hall, UK   Blair, A. Hitchcock, D.  (2007), Environment and Business, unlike print books,London,UK   Reuters, (News) ( China  |  Thu Apr 14, 2011 1:21pm IST), Chain News,(2010), (online) Available at worldwide-tax.com/china/china_tax.asp (Assess at12.00 pm on 14-04-2011.   Makmal,J. (2006), attitude of chain government, (online) Available at: ethicalcorp.com/content.asp?contentid=6821   (access at 3.37 pm on 14-04-2011. Huang,Y. (2010) Peking University and ANU press relies, (online) Available at: eastasiaforum.org/2010/01/10/five-predictions-for-the-chinese-economy-in-2010/. (Access at 4.00 pm on 14-04-2011)

Charismatic Leadership Research Paper Example | Topics and Well Written Essays - 3750 words

Charismatic Leadership - Research Paper Example In the past Kurt Lewin has introduced three major styles of leadership, i.e. Authoritarian or autocratic, Participative or democratic and Delegative or Free Reign. However with the changing times and changing needs, there have also been a number of newer leadership models that have been developed. Some of these include the transactional, transformational, creative, corrective, change, multicultural, Pedagogical, Servant, and last but not the least Charismatic leadership. The leadership strategies adopted by an individual defines the leadership style of the person. The main aim of this report is to identify and discuss about the newer leadership styles and how they impact the real life organization problems. The main style in focus here is Charismatic leadership. The report will include a brief overview of the traditional concepts and approaches to leadership. A thorough analysis of the concept of charismatic leadership, history of the method, and how charismatic leadership relates to general theories will be made in the paper. Over the years, there have been numerous theories that have been developed for the different leadership approaches. Authors and experts in the field have provided a range of different styles and techniques of leadership. Here a brief overview of these styles has been developed followed by a detailed study of the charismatic leadership. Over the years, leadership literature has evolved and gained a number of schools of thoughts. These have grown from Great man theory and trait theory to the transformational leadership theory. These theories were developed with focus only on the characteristics and behavior of the leaders however; this has not begun to also take into account the role of the followers in terms of the leadership. To understand to a greater extent, the following table provides a clear presentation of the journey from the Great man theory and trait theory to the transformational leadership theory. This

How the social resposibilities of ship management business managershas Essay

How the social resposibilities of ship management business managershas changed - Essay Example Their products must be safe to use and the environment to which the workers operate should also be protective. The ship business management managers have also deviated from that social responsibility embodied by the law to that relates to the people's customs and traditions at large with the sole purpose of providing/doing what the people need. Additionally, the business is now recognizing and appreciating people's human rights in interacting with the community. a) The Employees Employees form a major part of the company stakeholders. Unfortunately, this group is rarely looked into when it cares to awarding of benefits, salary increment as a whole. But the ship management business managers have started showing some form of social responsibility towards its employees in the following manner. (Davis and Blomstrom, 1975) a) Fair recruitment & selection exercise - The business managers have started hiring its workforce based on merit, traits exhibited during interviews etc. All the candidates are subjected to similar interviewing environments with the interviewer asking almost similar questions. There have been changes from; embarrassing questions to fair questions; seriousness to friendliness; general appearance to merit; subjectivity to objectivity. 2 b) Improved conflict management criteria - The managers have moved from competition/ authoritative command of conflict management to accommodating/smoothing style of managing conflicts. Competition/authoritative command is where managers used to be in co-operative but assertive. They used to work against the wishes of the employees, fight to dominate and force things to a favourable conclusion through the exercise of authority or power. The managers therefore achieved... They have a care with regard to ethics and moral responsibilities. The ship management business have moved from the traditional responsibilities of maximizing profits by reducing costs unethically and maximizing their revenues is more people oriented goals.Political systems greatly affect firms operations. The new part will have to cope with government strategies or development plans. Expansions of the new post development may be met with stiff resistance of the local authorities on grounds of different government plans on such expansion areas. In some nations, government set out certain rules and regulations regarding the health and safety of the working environment and the part development will have to adjust accordingly. (Griffin and Mahon, 1997)Influence the operations of the new part development.The interest rates in the economy keep on fluctuating and the new part development must adjust accordingly to this. It also has to adhere to the labour laws that exist in that business i ndustry. The economical situations also influence consumer buying behaviour and their bargaining power. The part development will have to re-adjust more during periods of recession than boom periods. In conclusion it is important for the new part development to understand the external environment to which it operates and adjust accordingly because this might have an effect on its resultant profits.

Contrast the three general approaches to setting prices Essay

Contrast the three general approaches to setting prices - Essay Example The demand for the product would be lesser when the price is kept high, but the revenues could be more because of the high selling price. (Bovay, 2008) There are many instances of new products following the market skimming strategy including Mercedes Benz, Sony High-definition television, Nokia N series cell phones and so on. All these products have one thing in common: they are all high quality products. Setting a high price for a new product could be disastrous for products that do not offer premium quality. As price gives a perception of quality to the consumers, setting a price too low for a high quality product just to make it more affordable, is also not a good strategy. It says to the consumers that the product is not of the premium quality they expected, and deteriorates the brand image of the company. Therefore, market skimming strategy is ideal for cases in which the product is innovative or does not have competition. Also, if the new product is of a strong brand, the company can use premium pricing because the consumers are less likely to switch to another product because of their loyalty with the brand. Apple Computers is an ideal example of such a case. Even though the company has several close competitors that offer the same products with the same specifications, it’s the perception of the brand that lets the company demand a higher price for its products. In contrast to the market skimming pricing, this strategy focuses on attracting a large number of buyers through setting a low price for the product. This pricing strategy is usually adopted when there are a number of sellers in the market and the company wants to penetrate into the market quickly. When the consumers see the low priced product that offers them the same product that other companies are offering, they are attracted towards the low priced one. In this way, the company is able to attract a large

Critiques of TWAIL Perspective and Investment Law

Critiques of TWAIL Perspective and Investment Law CONSTRUCTIVE APPROACH TOWARDS INVESTMENT LAW CHALLENGING VIEWS OF THE THIRD WORLD APPROACHES The conventional view in western states among international legal scholars is that no comprehensible or distinctive Third World Approach is apparent in international law. While it remains undeniable that certain reoccurring issues trigger the same response from Third World states[1], per scholars the typical view expressed is that disparate strands do not weave together a sort of pattern.[2] Although they are grouped together beneath Third World rubric, it is a constitution of no more than ad hoc responses to discrete issues. The recognition of the Third World approach to any extent can only be categorised as reactive in nature. This is supported by Wolfgang Friedmann who argues that any difference in the approach taken by underdeveloped countries could be explained in terms of their lack of economic and political clout. Likewise, a couple years later the same perspective is argued that instead of challenging international laws fundamental assumptions, the third world scholars are st ill concerned with the responsiveness of international law focusing in regards to their interest.[3] Western scholars that are even sympathetic towards Third World approaches express similar views. For instance, Richard Falk has claimed that even explicit anti-Western works by third world scholars have been in reliance on western approaches in a moderately non-critical manner. Thus, Falk argues that the emergence of distinctive modes of thought and analysis failed to accompany the process of decolonization, or even to follow upon it.[4] Per Falk third world scholars are inclined to avoid any ideological imprint upon their work, as they want it to work scientific in a Western sense.[5] An analogy is created between third world scholars characteristics and Soviet scholars. Soviet scholars were pragmatically oriented towards enabling Soviet bloc participation in the prevailing debates in Western international law circles.[6] TWAIL scholar B.S Chimni supports Falk critique and argues that TWAIL has been stagnant as a critique instead of proposing practical alternatives to the issue. He makes this criticism clear in a passage from his work: While international lawyers from the Third World have challenged, often with success, Western perceptions of the history and content of international law and pointed to the inequitable nature of the body of rules bequeathed from the past, they have failed to propose and articulate an alternative approach which is inclusive and internally consistent. In fact, the matter has not received sufficient consideration. It is, therefore, not unusual to see a Third World scholar speaking of rejecting rules which are prejudicial to the interests of developing countries embracing a theory of international law and world order which seeks to justify and protect the status quo and has little to say about the developing world. This eventually leads him to assume positions which strengthen that which he had set out to fight.[7] A specific example where this perspective is mainly critiqued is from the failures of the NIEO. It is criticised for lacking breadth and Robert Rothstein claimed that short-sighted stance had been taken hence the reason the regime failed. Rothstein argued that instead of the regime being focused on how to create a clear strategy that will have both western and third world states mutual interests and consensual knowledge and technically sound proposals, the focus was on a strategy of confrontation and a demand for the acceptance pf biased and controversial principles[8] This shows that the TWAIL view is limited and has no practical alternatives to revolutionise the injustice upon third world states. Rather their methods are to flip the legal system and turn it into a bias third world system, which will not therefore lead to any justice and harmony within international law. This supports both Falk and Chimni claim of TWAIL lacking pragmatism and having a positive impact. TWAIL LIMITATION AND MORE CONSTRUCTIVE APPROACH TO INVESTMENT REGIME IN INTERNATIONAL LAW Even though the TWAIL critiques has been significant, nonetheless it has been flagged up to have several blind spots.[9] One of the fundamental blind spots flagged is the critique to suggest practical ways to remedy the deficiencies within international law (especially international economic governance). Although jurists do highlight theoretical arguments, it fails to suggest constructive solutions in improving the injustice upon third world states in the international system. Therefore, it is necessary to provide a constructive solution that will also take the third world states interests into account. The desires of the TWAIL perspective should go beyond being a mere instrument of system criticism.[10] It should have the ambition to form a constructive engagement; therefore, it should develop and lay out ideas that could be expressed in practical terms to improve the governance of international investment and economic law.   A key issue developing countries are faced with in international trade has been competitiveness of liberalization.[11] Refers to trade of western countries on preferential terms (PTs) with only chosen developing countries, which is incongruent with GATTs principle of only trading with your most favoured nation. Competitive liberalization is argued to have led to economic success to states such as South Korea (KORUS) and Mexico (NAFTA)[12] who benefited from regional trade agreements (RTA). But this was at the expense of neighbouring states who stayed relatively underdeveloped.[13]Evidentially competitive liberalization has a detrimental impact on other developing states ability to find markets that would give them a competitive and comparative advantage. In this sense TWAIL could be more effective and remedy this issue by spearheading the creation of geographically wider RTAs encompassing regional economic blocs in different parts of the developing world.[14] An example of the possible RTA could be between Economic Community of West African States and Mercado Comà ºn del Sur which would be valuable to both regional blocs. Thus, West African states will be able to supply the cotton, which is in demand in South America, due to the growth of the textile industry, while South Americans vice versa would have a market for electronic goods which is becoming essential in West Africa. This would be an approach that could be implemented to enhance the participation of developing states in international trade. TWAILs concern in the international investment regime is primarily related to the inequality of negotiations within arbitration treaty and International Institutional Agreements. Per TWAIL a practical approach could be implemented on IIAs, for instance with regards to BITs, developing states can create their own models. An example of this is apparent from the SADC (Southern African Development Community) BIT model. SADC BIT model consist of the same characteristics of a traditional BIT, just with the addition of striving more towards an equitable, fair and just participation within the foreign investment regime for third world states. The model is a representation of distinct efforts to enhance a sustainable development dimension of future BITs.[15] Such engagement with the foreign investment regime would create the welcoming environment that developing countries need to enhance participation in the foreign investment regime. Moreover, another unproductive approach from TWAIL within international investment law is the resistance towards investment treaty arbitration. Again, here there is a failure to suggest a constructive approach to rectify this problem that the third world are subject to. As apparent in the case of OCCIDENTAL PETROLEUM CORPORATION v REPUBLIC OF ECUADOR, the withdrawal of Ecuador due to its disregard to the unjust manners of the ICSID did not prevent the ICSID from awarding the largest damages to the investors which was a rough total sum of $1.7 billion plus 6% interest.[16] Consequently a more pragmatic approach for developing states is to implement their own arbitration centres equivalent to the AALCCs regional arbitration centres establishment within the African- Asian region.[17] But this should be done wi th a sustained participation within the current system. The establishments of these centres within the Afro-Asian region has been advantageous as it alleviates concerns of developing states in regards to participating in international arbitration. Besides that, it will promote better engagement in the foreign investment regime and facilitate more participation of developing states in the current system. CONCLUSION This chapter shows that there are flaws within the TWAIL theory and it is a critique perspective rather than a constructive one. Perhaps there are aspects of the investment regime that bring injustice within international law but constructive alternatives methods must be suggested to improve the system. This is where the TWAIL theory is limited and other perspectives such as first world scholars should be analysed before a conclusion can be made regarding the international law being unjust. CONCLUSION This thesis has discussed the accuracy of the TWAIL theory that investment regime in international law is used as another tool to support the domination of the Western world. This commenced by dating the emergence of TWAIL back to decolonisation era and ever since the aim of the theory has been to redirect international laws focus to the plight of developing countries.[18] TWAIL focuses on the significant paradigm shift from the historical relevance of the NEC and NIEO approaches to the regime bias. The regime bias theory has been emblematic of the entire system of international law and is even visible in International Institutions such as Arbitration. The regime bias critique illustrates developing countries sceptical attitudes towards the international economic governance which includes both international trade and foreign investment.   This is because, as Shalakany argues s the regime bias in international law empowers the investors, who come off as winners within the syste m at the expense of ignoring the Third Worlds interest. TWAIL argues that the international institutions increases the ideological gap to ensure that there is unequal participation in the system. Corporations being in control of resources in host states already provides constraints on a step towards a just investment regime. This is because it maintains colonial attitude which makes the Third World states passive rather than active participant in the investment regime. Likewise, the International Functioning Institutions have also helped to maintain the dominance of Western States in International Investment by promoting globalization, and making it a mandatory requirement to for Third World States to adopt privatization programmes to create more favourable investment climates for the investors.[19] Nonetheless a fundamental blind spot[20] of TWAIL critiques is that it fails to offer avenues for a constructive engagement of developing countries in the investment regime in international law. TWAILs shortcomings have highlighted the need for a pragmatic solution instead of just being a mere critique[21] tool of the international law regime. It has been criticised for being very repetitive and staying stagnant on the idea of l law responding to Third World interests instead of challenging the fundamental issues in international law. A more pragmatic approach for developing countries in the investment regime is seeking to alleviate their concerns and enhance their participation in the system. This would pave the way for a more constructive engagement of developing countries in the investment regime of international law and will also prevent the domination of the Western States, as the lack of participation is part of what has enabled the First World to be so powerful. I can conclude from this thesis that the investment regime in international law is subtle in the way it suppresses the developing countries and maintains the interests of the developed countries. Therefore, it makes it challenging to argue that the whole regime is unjust. However, although the TWAIL approach is rhetoric[22] in the nature of its arguments, I agree with the view that part of the key issues that supports the domination of Western States is the amount control they have in the key international institutions; for example, US being the largest shareholder in the World Bank. To constructively solve this issue, it could be argued that the starting point should be reconstructing the rules and process making of these institutions, in order for there to be a fair just and balanced participation between the less developed and developed states. There should then consist of a body who makes checks and balances to ensure that no states acts ultra vires. This would lead to an interna tional law that would reject bias and be based on mutual interests. [1] Karin Mickelson Rhetoric and Rage: Third World Voices in International Legal Discourse16 Wis. Intl L.J. 353 1997-1998 p. 353 [2] Karin Mickelson Rhetoric and Rage: Third World Voices in International Legal Discourse 16 Wis. Intl L.J. 353 1997-1998. p. 353 [3] Patricia Buirette-Maurau, La Participation Du Tiers-Monde , A LElaboration Du Droit International (1983)199-202 [4] Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993). p.9 [5]Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993) p.9 [6] Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993) p.9 [7] Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993) p19 [8] Robert L. Rothstein, Limits and Possibilities of Weak Theory: Interpreting North-South, 44 J. OF INTL AFFAIRS 159, (1990). p.174 [9] John D. Haskell, TRAIL-ing TWAIL: Arguments and Blind Spots in Third WorldApproaches to International Law (Mississippi College School of Law Legal Studies Research Paper No. 7/2014, 2014) pg.18. [10] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.15 [11] C. Fred Bergsten Competitive Liberalization and Global Free Trade: A Vision for the Early 21st Century (Peterson Institute: Institute for International Economics. Working Paper 15/1996, 1996) [12] KORUS trade was an agreement between South Korea and US. NAFTA was a trade agreement between Mexico and North America. [13] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.16 [14] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.16 [15] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.16 [16] 2012 ICSID Case No.ARB/06/11 at paras 824-25. [17] R Rajesh Babu, International Commercial Arbitration and the Developing Countries (2006) 4 AALCO Quarterly Bulletin 386, 398. [18] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.18 [19] Antony Anghie, Time Present and Time Past: Globalization, International Financial Institutions and the Third World. p.256 [20]Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.18 [21] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.18 [22] Karin Mickelson, Rhetoric and Rage: Third World Voices in International Legal Discourse (1998) 16 Wis. Intl L.J.

The Minimum Wage For Restaurant Workers Must Be Raised Essay -- Argume

"It is but equity...that they who feed, clothe and lodge the whole body of the people, should have such a share of the produce of their own labor as to be themselves tolerably well fed, clothed and lodged." -- Adam Smith, The Wealth of Nations, 1776 The restaurant server is one of the most popular jobs in the country and according to the National Restaurant Association, currently, 1 in 12 Americans work in the restaurant industry and about 50 percent of all adults have worked in the industry at some point during their lives. The industry is clearly very large with over 13 billion workers, but overall, workers in the industry do not get paid very well. According to the U.S. Department of Labor (DOL), the average annual salary for a server is just over $20,000. In fact, servers are twice as likely to use food stamps as the rest of the U.S. workforce and three times as likely to be living in poverty. The main reason for this is the existence of the tipped minimum wage, which since 1991 has stayed set at $2.13 per hour. Not many people even realize that the tipped minimum wage exists, but according to the DOL, servers in 43 states get paid less than the regular minimum wage hourly based on the assumption that the rest of their wages will come from customer tips. In fact, 22 states pay their tipped workers less than $3 per hour. Although tips can often lead to servers making well over regular minimum wage per hour, overall, tips are very inconsistent and are completely dependent on restaurant customers. Not only does the customer decide how much to tip based on his/her enjoyment of the dining experience, but also servers need busy restaurants in order to make good money. There is an ebb and flow to the restaurant busin... ...y-income-fine-dining-servers-20195.html>. Myotte, Maria. â€Å"Op-Ed: Restaurant Servers Can’t Live on $2.13 an Hour.† Yahoo! News. Yahoo!, 11 Dec. 2013. Web. 30 Oct. 2014. . National Restaurant Association. 2013 Restaurant Industry Pocket Factbook. Rep. National Restaurant Association, 2013. Web. 30 Oct. 2014. . Nayak, Rajesh, and Paul Sonn. Restoring the Minimum Wage for America’s Tipped Workers. Rep. National Employment Law Project, 2009. Web. 30 Oct. 2014. . U.S. Department of Labor. Minimum Wages for Tipped Employees. Rep. U.S. Department of Labor Wage and Hour Division, Dec. 2011. Web. 30 Oct. 2014. .