Category Archives: Legal Issues

EVIDENCE SUPPRESSION

Despite the fact that police officers and other law enforcement officers are less respected in the society, it is worth noting their sacrifices to maintain the safety of every member of the society. After arresting law breakers in the society, they have to take them to court and prove that their arrest was justified and the suspect had committed, was committing or was on the process of a crime in a court of law. As a result, they need all the support they need to put away the bad people. One way to support their work is assisting in the criminal procedures which can be described as the safeguards against the favoritism in the execution of criminal laws and the unchaste treatment of accused criminals. Criminal procedures, evidence, and testimonies adopted by the court of law should not sabotage the work of the law enforcement officers, but rather should focus on administering justice and assist them in the performance of their duties. This assignment will attempt to identify and explain in details constitutional issues in criminal procedure, evidence, and testimony.

Under the constitution, a suspect accused of a crime is entitled to enjoy some rights such as the right to a speedy trial or right to suppress evidence.  If a suspect has been charged with a crime, but he or she has doubts about the evidence against him, he has the right to try to get it thrown out of the trial. At such a scenario, his or her innocence is not the issue, but the main problem at that stage is the admissibility of the evidence in the police custody. If the evidence against a suspect is obtained illegally, the suspect stands a better chance to suppress it making his or her case weaker (Gaspelin, 2015).  As a result, in our first case, the suspect needs to file a motion to suppress evidence with the court to have the evidence thrown out. Below are some of the reasons why a court of law may suppress evidence.

  1. Unlawful search and seizure – an arrest, search or seizure can only be lawful if the arresting officers have a valid search warrant a valid arrest warrant from a court of law or have probable cause that a perpetration has been committed. Otherwise, the fourth amendment protects the individuals from unwarranted hunts, arrest, and confiscations.
  2. Failure to read Miranda rights- all law enforcement officers have a duty to read the Miranda rights to the suspect in their custody at the time of arrest and before their questioning. Miranda rights inform the suspect of his or her rights to remain silent, considering that everything he or she says can and will be utilized against them in a court of law and that they have a right to a lawyer.
  3. Chain of custody errors – if the chain of custody is interrupted in any way, the exhibit gathered by the police officers is likely to lose its credibility and may be deemed inadmissible. The chain of custody relates to the certification and appropriate care of exhibit from the time of its confiscation to the time of trial(Ashworth, 2013).

Related: International Product/Service Approaches

However, there exist exceptions to this rule. As a result, there are particular scenarios where exhibit may still be allowable even when the officers overstep their frontier. These situations include:

  1. Inevitable discovery – when the magistrate feels that an illegal object confiscated as exhibit would eventually be ascertained through legal methods, a suspect stands no chance of winning the suppression motion.
  2. Good faith – when the police officer has every ground to believe that he or she is acting within the boundaries of the law, then some procedural mistakes such as how the evidence was obtained might be overlooked.
  3. Independent source – if there exists another source of evidence that can provide the same piece of evidence obtained by the officers, the evidence stands a chance to be admissible.

Case 1

Having fully understood the circumstances and situations in which a piece of evidence may be suppressed, it is correct to say that the passenger’s motion, in this case, the defendant stands no chance of being granted. This is basically because the defendant is found in possession of cocaine, which an illegal substance in the United States. Despite the fact that different people have a different interpretation of the word ownership, the defendant intentionally has cocaine on his individual despite the fact that he clearly knows that cocaine is illegal in the country. Besides, the defendant can be accused of having useful ownership of the cocaine with the intentions of controlling or rather distributing it to other individuals who are against the law of the country (Herring, 2014).  On the same note, the defendant can also be accused of productive ownership of the illegal substance in the country given the fact that he has no evidence to prove that he is not the producer of the same.

Moreover, the officers of the law who arrested the suspect can defend their actions by stating that this was an inevitable discovery since the cocaine was confiscated illegally, although it would have been discovered through legal means if officers obtained a warrant to search considering that this is a high crime area. Thus, the officers’ approach to the vehicle and limited search of the defendant’s outer clothing, even in the absence of probable cause is legal and justified since the officer believed since the officer believed he was armed and dangerous Carmouche vs. State, 10 S.W 3d 323, 329(Tex.Crim.App. 2000). As a result, passenger one has no chance of winning this motion.

Case 2

In this case, the arresting police officers have no proof or evidence of a criminal act, but the mere sight of a bullet and a gun, which is a controlled substance in the United States, forced the officer to make the arrest. However, the officer has no power to arrest the passenger but has the power and authority to question him further. However, his request for the suppression of the evidence should not stand.

Given the fact that Johnson at first declined the request of the police officer to show his hands willingly, which made the officers of law becomes suspicious, he was not seized for fourth amendment purposes.  Seizure under the fourth amendment requires either a physical force by the police officers and the submission by the suspect to the officer’s assertion of the authority Terry vs. Ohio. 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). However, considering that Johnson was not initially Mirandized, the threatening words he spoke to Ritchie cannot be used as evidence. Moreover, despite the claims that Ritchie had been talking trash to Johnson, there is no evidence for these accusations since it is not written specifically to whom Ritchie was speaking.  Besides, considering that Johnson’s statements were purely voluntary and off the cuff feeling that was not the product of an interrogation, they will not be suppressed (Gaspelin, 2015). Thus, the court should not grant Johnson motions for suppression.

References

Ashworth, A. &. (2013). Principles of criminal law. Oxford University Press.

Gaspelin, N. L. (2015). Direct evidence for active suppression of salient-but-irrelevant sensory inputs. . Psychological science, 0956797615597913.

Herring, J. (. (2014). Criminal law: text, cases, and materials. . Text, Cases and Materials.

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Organizations and globalization

Organizations and globalization

Question

Over the past several weeks, you have been learning about the various issues surrounding the challenges and numerous situations that exist legally that differ from those of the United States. You have been placed in charge of the Business Development and Expansion committee for your company. You are charged with the task of researching and identifying a country to expand your company’s operations. Take the feedback from the Phase 4 DB into consideration, and make any additions or deletions as you deem necessary.
Your international business expansion plan should include the concepts and ideas that were covered over the past several weeks. You are to select a country that does not recognize all of the established legal guidelines reviewed previously, but the potential profit that could be realized warrants the risk. The following points need to be addressed in your international business expansion plan:
The issue of common and civil law systems internationally
Intellectual property, copyright infringements, and legal ramifications
Violation of human rights of employees and child labor law violations
Public perception of companies doing business with companies that engage in that kind of activity
What has been the impact of the European Union of the business environment?
Anything else that you deem important to support your international business expansion plan

Sample paper

Organizations and globalization

Exxon Mobil is a large multinational corporation with headquarters in Texas, United States. Exxon Mobil started operations in the 1870s as Standard Oil Company. Over the years, the company has transformed into a multinational corporation by making acquisitions or entering into partnerships. The company started as a regional marketer of kerosene in parts of the United States. Over the years, Exxon Mobil has evolved to become the largest petroleum and petrochemical company in the world. The company focuses on oil development and production. Oil development involves the manufacture of lubricants and petrochemicals for industrial use. Exxon Mobil has operations in a limited area of the UAE region. The company has concentrated in oil development and production within Abu Dhabi, Dubai. In the recent past, the company has developed interest in expanding oil production into Indonesian region where oil production has been declining despite the country having massive oil resources.

The Issue of Common and Civil Law Systems Internationally

Indonesia follows a civil law system. The civil law system borrows much of its characteristics from the Roman law. There are certain key features in civil law systems. First, there is presence of a written constitution that forms the basic legal framework (World Bank Group, 2016). The constitution enshrines the basic rights and duties upon individuals. Another characteristic is that under the civil law system, only the legislative enactments are inclusive for all state members. Judges have little scope to develop laws, although they may follow previous rulings. The civil law systems in the country follow the outlined codes. As such, there are separate courts for solving administrative, civic, and constitutional disputes (World Bank Group, 2016). Another characteristic is that there is less openness regarding contracts. There are many implied provisions on contracts by the law. The provisions act as guides or as the regulatory framework in contract signing.

The Indonesian civil law is a set of codified principles similar in form and nature to the Dutch civil code. The major parts of the law include Property Law, Family Law, Person Law, and Inheritance Law (Soerodjo, 2016). Currently, the county is still bound by the Dutch laws in situations where there is no new legislation effecting new laws. The civil law system differs significantly from the common law system, and thus affecting investment decisions in the region. The common law system provides extensive freedom of contract compared with the civil law system (World Bank Group, 2016). There are only a few implied provisions. Another key feature is that common law does not necessarily constitute of codified laws or a written constitution. Under common law systems, the judicial decisions are biding. Such decisions can only be overturned through legislation.

Intellectual Property, Copyright Infringements, and Legal Ramifications

Intellectual property rights concerns those who hold valid patents to a certain production technology. Holding a patent gives the right for the owner of the patent to exclude others from applying the patented technology without seeking rights. Exxon Mobil holds numerous patents in oil production and manufacture of petrochemicals. For instance, the company has patents in candle wax composition making, crude bio oil pretreatment and upgrading, reverse osmosis membranes and osmosis, and among others (“Fresh Patents”, 2017). The research and engineering division of Exxon Mobil Company has been critical in patenting new technologies. Indonesia has already established the fundamental intellectual property right provisions to govern research and development in the region. The country already follows the outlined World Trade Organization provisions governing intellectual property rights (ExxonMobil, 2015). For instance, all patents are eligible for exclusive use to the owners for a period of 20 years. Indonesia adopted a new Copyright Law in 2014, by including elements of international standards. The new law clearly stipulates about the fair use of copyrighted material.

Violation of Human Rights of Employees and Child Labor Law Violations

Exxon Mobil conducts its operations with regard to the applicable laws and regulations in a country. The company maintains a commitment to respect the human rights even in the international countries. Exxon Mobil has outlined standards of business conduct that provide a conceptual framework for maintaining responsible operations across the world. These standards are consistent with the Fundamental Principles and Rights and Work established in 1998 by the International Labor Organization (ExxonMobil, 2017). ExxonMobil’s subsidiaries in overseas countries are required to adopt human rights and employee standards that reflect those of the parent corporation in the United States. The company has fought against unethical work practices including workplace discrimination, child labor, and forced labor.

There are incidences of child labor violation in the Indonesia region. However, Indonesia made a huge step in 2015 aimed at eliminating any forms of child labor and trafficking. The national task force responsible for eliminating child labor and child trafficking adopted a five-year action plan aimed at reducing such incidences (United States Department of Labor, 2016). The task force also aims at improving the lives of those children who have experienced human trafficking, forced labor, child labor, and other human rights violations. Indonesia has had incidences of child labor, including worse forms of abuse such as commercial sexual exploitation. The National Task Force to Combat Trafficking has already rescued over 16,000 children suffering from various forms of abuse (United States Department of Labor, 2016). This demonstrates willingness to end children rights violations in the region.

Public perception of companies doing business with companies that engage in that kind of activity

There are mixed perceptions of companies engaging with those companies that promote illegal activities such as child labor and employee discrimination. The mixed perceptions arise from the fact that there are high poverty levels in Indonesia. As such, children often seek for employment in order to earn their daily bread. Data from the U.S. Department of Labor (2016) indicates that children involvement in labor is predominant in the rural areas where the poverty index is high. About 12.5 percent of children engaged in labor come from rural areas while only 5.9 percent are from urban areas. Campaigns against child labor have intensified in the recent past. Part of the aim is to change the public perceptions on child labor as something that denies children the opportunity for a better future. There are also harsher penalties for those found guilty of engaging in child trafficking.

Impact of the European Union of the business environment

The European Union (EU) has significant influence in Indonesia’s business environment. Currently, Indonesia enjoys strong relations with Europe. Indonesia shares similar trade values with EU on various matters including democracy, human rights, regional development, and environment issues (European Union Action Service, 2016). The EU and Indonesia have already signed the Partnership and Cooperation Agreement (PCA) pact which regulates various areas including science and technology, trade, counter-terrorism, education, energy, and among others. As such, the EU has significant influence on how Indonesia runs various activities under the economic agreement. In 2016, Indonesia entered into another trade agreement with the EU dubbed the Comprehensive Economic Partnership Agreement (CEPA) (European Union Action Service, 2016). The CEPA agreement will enable both the EU and Indonesia to take advantage of increased relations between the two to improve trade. CEPA will provide three major benefits. First, the agreement will promote trade between EU and Indonesia. Secondly, there would be positive impacts to trade brought about by trade liberalization. Thirdly, this agreement will promote technology and skills transfer between the countries (European Union Action Service, 2016). This cooperation improves the business environment thus making it suitable for foreign investment.

Other Factors

Indonesia is described as an emerging economy. Investors are flocking into the region due to increased political stability, large natural resource base, and a large consumer base. In 1998, Indonesia made the transition from authoritarian leadership to an increasingly democratic state, with devilment of power away from the central government. This has increased stability in the region and led to improved economic growth. Nonetheless, the county still faces various significant challenges that threaten economic growth and development. The major challenges are corruption, poor infrastructure, and the threat of political instability. Some provinces in Indonesia are demanding for secession, which could destabilize the entire region politically.

In summary, Indonesia provides an attractive environment for oil and gas production and marketing. The country is endowed with large oil and gas reserves. By investing in this region, Exxon Mobil will likely earn profits from its investments. Indonesia has strong trade ties with the European Union. This relationship has ensured that Indonesia develops trade regulatory policies and rules that reflect those in the EU region. As such, Indonesia has already established a favorable trade environment even for foreign companies. Indonesia has established a strong regulatory framework guiding businesses. For instance, the country has developed policies to curb child labor.

References

European Union Action Service. (2016). Indonesia and the EU. Retrieved from             https://eeas.europa.eu/headquarters/headquarters-      homepage_en/680/Indonesia%20and%20the%20EU

ExxonMobil. (2015). Antitrust and competition law: legal compliance guide. Retrieved from             http://cdn.exxonmobil.com/~/media/global/files/other/2015/antitrust-and-competition-       law-legal-compliance-guide.pdf

ExxonMobil. (2017). Corporate citizenship report. Retrieved from             http://corporate.exxonmobil.com/en/community/corporate-citizenship-report/human-         rights-and-managing-community-impacts/approach

Fresh Patents. (2017). Exxonmobil Research and engineering company patents. Retrieved from             http://stks.freshpatents.com/Exxonmobil-Research-And-Engineering-Company-nm1.php

Soerodjo, I. (2016). The Development of Indonesian Civil Law. Scientific Research Journal         (SCIRJ), 4(9): 30-37.

United States Department of Labor. Child labor and forced labor reports: Indonesia. Bureau of             International Labor Affairs. Retrieved from             https://www.dol.gov/agencies/ilab/resources/reports/child-labor/indonesia

World Bank Group. (2016). Key features of common law or civil law systems. Retrieved from             https://ppp.worldbank.org/public-private-partnership/legislation-regulation/framework-            assessment/legal-systems/common-vs-civil-law

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International Product/Service Approaches

International Product/Service Approaches

Question

Based on your previous research about the country’s economic development, the board has asked you to evaluate financial risks in doing business in this expanded marketplace. Competitive advantage is something that needs to be explored in this new market with the best possible implementation of strategies to differentiate a new product among new customers. In addition to strategic alliances, joint ventures, and other partnership opportunities, some companies prefer to operate within the selected country’s infrastructure versus from the home country’s headquarters.
As part of the evaluation, look at 3 international marketing models relative to your product. These include ethnocentric, geocentric and polycentric models.
This proposal will look at two sections: (1) international business model and strategy considerations, and (2) pricing strategies.
Include the following information in this proposal:
International Business Model and Strategy Considerations
Describe 2 reasons why your company’s product should be introduced in this particular country.
Research and describe the 3 international business models’ 3 dimensions—polycentric, ethnocentric, and geocentric. For more information, click here: http://www.businessmate.org/Article.php?ArtikelId=12
Research and explain an international business strategy that can be applied to your company. For additional information, read more about these strategy options here: http://www.businessmate.org/Article.php?ArtikelId=13. Discuss why this is the best international strategy for your particular company and product.
Decide which one could work best for gaining comparative advantage with your company’s product in this new market. Comparative advantage occurs if the country or company experiences the lowest opportunity cost in producing the good. Justify why this model is best for your company’s product.

Sample paper

International Product/Service Approaches

The United Arab Emirates (UAE) is an attractive region for oil and gas production as well as marketing. Oil and gas production and marketing provides a lucrative opportunity for Exxon Mobil, which plans to invest in the region. One of the major reasons why Exxon Mobil should invest in the region is the favorable government policy. The UAE government has established tax-free zones where foreign companies can set up businesses (“UAE Embassy,” 2017) In the recent past, the UAE government has expressed interest in increasing the total oil and gas production in the region by engaging international corporations. Exxon Mobil will take advantage of this opportunity to invest in this region. Another reason for investing in this region is the relative peace and stability. The UAE region enjoys political stability unlike other neighboring states that are battling terrorism.

The EPG model is an important international marketing model for multinational corporations. Under the model, three dimensions characterize the operations of the organization: ethnocentrism, polycentrism, and geocentrism. The aim of the model is to distinguish the organization’s orientation, which affects the generation of costs and profits in the market (Drachal, 2014). The model’s emphasis concerns how multinational corporations conduct business in the international market. The model provides a framework for organizations to identify their strategic profile with regard to the international business strategy. The model enables organizations to develop a deep understanding of their specific focus. There are three marketing dimensions under the EPG model: polycentric, ethnocentric, and geocentric models. These marketing dimensions may concern the marketing of petroleum in the United Arab Emirates (UAE) region.

An ethnocentric orientation occurs when the organization focuses on carrying on with the characteristics of the home country even in overseas countries. In this orientation, the organizational leaders believe that the home country’s culture is superior to others (Drachal, 2014). The leaders further assume that the domestic strategies will apply even in foreign countries. The organization transfers its practices and policies from the headquarters to the subsidiaries. The organization assumes that the practices and policies in the country of origin will also be a good fit in the foreign country. The ethnocentric orientation generates additional costs especially labor costs. This is because the organization must transfer managers to the foreign country; hence, it must provide a hefty compensation packages. Another drawback is the dominance of foreign culture in the new country. One of the key benefits in applying this orientation is the flow of knowledge and skills from the home country to the new country.

Polycentric orientation involves a focus towards the host country. One major aspect of this orientation is that activities are individualized to fit the needs or preferences of each geographical region in the host country (Drachal, 2014). Each subsidiary in the host country is managed as an autonomous unit, different from the rest and reflecting the needs of the specific locality. Managers have the freedom to conduct their operations in any way they prefer. The organizational leader may put into consideration various factors as cultural diversity of the host country, customer expectations, and marketing strategy. The basic premise in applying this orientation is that it is better to use local methods at solving local problems rather than use foreign solutions. A major drawback of polycentrism is that it can lead to conflicts and lack of coordination among subsidiaries having different cultures. Another drawback is that managers in subsidiaries may decline to follow directions given from the headquarters.

The geocentric orientation focuses on developing a culture that fits the global market. In applying the geocentric orientation, the organization assumes the entire foreign market to be a single global market (Drachal, 2014). As such, the organization treats all foreign markets as one. This organizational orientation ignores the differences that exist in the global market. In this orientation, the organization aims to develop a global strategy that transcends the cultural boundaries. The organization hopes that customers will appreciate a universal approach that does not reflect the culture of any single group. Organizations that adhere to this orientation do not draw any distinctions between the domestic and foreign market.

An applicable international business strategy is the multidomestic strategy. This strategy focuses more on the conditions in the local market (Khan, 2016). This strategy is appropriate since it will allow innovation in the foreign subsidiaries. The multidomestic strategy encourages subsidiaries to increase their responsiveness and aim for self-sufficiency (Khan, 2016). The subsidiaries have the autonomy to make critical decisions including strategic and operational decisions. The organization may require local solutions in order to remain competitive in the oil and gas industry. Local innovations will enable the organization to stay ahead of competition in the UAE region. Oil and gas mining are largely influenced by the factors in the host country. As such, it is important to give the subsidiary the autonomy to make all the critical decisions. This will improve the pace of developing critical solutions. The multidomestic strategy provides organizations with the necessary flexibility in adopting localized solutions to particular regional problems.

References

Drachal, K. (2014). What do we know from EPRG model? Ecoforum, 3(2): 85-91.

Embassy of the United Arab Emirates (UAE Embassy). (2017). UAE history. Retrieved from             http://www.uae-embassy.org/about-uae/history

Khan, M. A. (2016). Multinational enterprise management strategies in developing countries.     Hershey, PA, USA: Business Science Reference.

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United Arab Emirates (UAE)-Economic, Legal, and Political environments

United Arab Emirates (UAE)-Economic, Legal, and Political environments

Question

As a follow-up to the information presented last week, the board of directors is asking for another brief presentation to help assess the economic, political, and legal environments of your selected country. The economy, along with political and legal issues, affect the viability of doing business in this particular country. While these are uncontrollable environmental variables, understanding these issues and how they impact the marketing plan is essential.
Develop a brief presentation assessing the economic, legal, and political environments of your country.
• Briefly describe the country’s history and its relevance to its current political, economic, and legal environment.
• Describe the country’s government and any recent political developments that could affect doing business in this country.
• Analyze the government’s activities regarding foreign investment in the country.
• Identify any potential formal trade barriers that can affect your marketing strategy.
• Identify any legal activities related to this country that can affect your business operations there.
• Analyze any government, finance, and tax considerations that affect doing business in this particular country.
• Evaluate the targeted country’s technological infrastructure and how this will impact your ability to promote, price, and distribute your product as efficiently and effectively as possible.
• Explain and justify the demand for your product in this country and why you believe it will turn a profit for the company.
• Write a final conclusion about why this country is the best choice for promoting your company’s product based on external factors related to the country’s economic, political, and legal infrastructure.

Sample paper

Legal and Economic Considerations

The United Arab Emirates (UAE) is made up of seven states that came together to form a single state. The seven states are Abu Dhabi, Furaijah, Sharjah, Ajman, Umm Al-Quaiwain, Al-Khaimah, and Dubai (Al-Suwaidi, 2011). The region’s history is hinged on trade. The region draws its culture from Islamic traditions. In the years around 630 AD, the region became an important trading center because of its central location between the Far East and Europe (UAE Embassy, 2017). As such, the region attracted traders from Europe, China, and India. As time progressed, the Europeans sought control of the region since it acted as an important trading zone. The rulers around the seven states sought protection against colonization from the British through a series of agreements. In the agreement, Britain would protect the region from foreign invasion (UAE Embassy, 2017). On the other hand, no state would enter into any agreement with other European countries without Britain’s consent. The signing of this agreement promoted peace in the region, which was key in promoting economic growth and development.

The leadership in the region combines the elements of a federal system and the traditional monarchical leadership. Choosing a president involves reaching of a consensus among the various Emirate rulers (United Arab Emirates (UAE), 2017). Nonetheless, Abu Dhabi and Dubai emirates have a strong role in influencing critical decisions such as the budget or choosing the president. The choosing of rulers in the emirates follows the traditional monarchical system. In 2006, slight changes affected the electoral process, with the introduction of Federal National Council (FNC). Its role was to increase public participation in the voting process. In 2011, further amendments were enacted allowing the FNC to increase eligible voters to 130,000, an increase from 7,000 in 2006 (“UAE”, 2017). In the future, more citizens will have the right to vote. The increased democratization of the state will strengthen the stability of the region. This will definitely improve business in the UAE region.

The region has adapted a unified foreign policy that also regulates foreign investment in the entire region. The UAE government has enacted attractive policies to foreign investment in the region. One of the key attractive policies is its soft position towards Islamic religious traditions especially with regard to women and non-Muslims. This has led to criticism by conservative individuals over the disregard of its traditions (Al-Suwaidi, 2011). UAE’s foreign policy aims at ensuring peaceful resolution of conflicts, improving trade especially oil exports, fighting terrorism, ensuring the sovereignty of the emirates, and ensuring peace in the Arabian Gulf. To improve its foreign relations, UAE is currently a mber of various international bodies including the United Nations, the Organization of the Islamic conference, and among others.

Some legal activities can affect exploration and marketing of petroleum on this region. Four major federal laws guide foreign investment in the UAE region. These laws are the Industry Law, the Companies Law, the Government Tenders Law, and the Commercial Agencies Law (“United Arab Emirates (UAE) Country Commercial Guide,” 2017). The Commercial Companies Law was enacted in 2015. The major issue addressed by this law concerns hiring of UAE nationals. The law requires that all companies operating within the region should have a 51% UAE citizen ownership. Nonetheless, appropriation of profits may vary depending on agreed terms. In addition, branches offices are required to have 100% UAE national agents and ownership (“UAE Country Commercial Guide,” 2017). This law will have an impact in marketing of petroleum because the company will have to ensure ownership of the various outlets complies with the Commercial Agencies Law.

The UAE government has established free zones where foreign businesses can set up businesses without any restrictions. Outside the free zones, the firm must have a national agent or distributor who must be a national of the region (“UAE Country Commercial,” 2017). Access to finance is easy since there are national and international banks willing to lend money. Since the supply of petroleum will require operating outside the free zone, the firm will have to look for a UAE national distributor. UAE’s tax considerations are among the best in the world. The country has maintained an almost tax-free trading environment for foreign nationals. In addition, there are very few trade barriers for foreign nationals wishing to start businesses in the region (Al-Suwaidi, 2011).

Innovation, research, and technology form the basic pillars of the UAE economy. Foreign direct investment inflows into the region have resulted in large-scale technology transfer. This has also led to spillover effects to local firms through appropriate linkages. According to Mina (2014), technology transfer has greatly touched on various areas including product technologies, process improvement, marketing, and advancement in distribution technologies. Through improved technology, it will be easier to market products. The company will leverage on increased social media access to target the young consumers. The UAE region has one of the most advanced technologies in crude oil production and distribution. For instance, the country engages in natural gas reinjection to boost crude oil production.

The UAE region is the best to invest in crude oil production and distribution of petroleum. One of the key attractions is the openness to foreign direct investment. The government has made significant efforts to improve foreign direct investment inflows in the region, with targets of achieving up to 5% of the Gross National Product (“UAE Country Commercial,” 2017). This means it will be easy to set up a business in the region due to the favorable foreign investment policy. Another point to note is that the UAE region enjoys relative peace and stability. This is a key consideration while investing offshores. The relative peace and political stability provides a favorable business environment. The UAE region is in a favorable location, allowing exportation of petroleum through the Strait of Hormuz. This will give the company easy access to Europe, China, and other markets.

The UAE region is the best in doing business because of the relative peace, stability, and cooperation it has with foreign states. UAE makes foreign decisions that seek to advance its economic, social, and political development. The region has steered clear of conflicts while showing cooperation with other states including the United States in the fight against terrorism. By combining a federal system and a monarchical system, the leadership has been able to bring peace and stability over the region. In addition, the region has increasingly moved towards adopting a more democratic form of leadership. For instance, in 2011, the FNC increased the Electoral College voters to 130,000 in a bid to increase the electorate democracy. The region boasts of skilled work force in oil exploration and distribution, with the application of the latest technologies. This is another reason for investing in this region.

References

Al‐Suwaidi, A. (2011). The United Arab Emirates at 40: A balance sheet. Middle East      Policy, 18(4), 44-58. doi:10.1111/j.1475-4967.2011.00509.x

Embassy of the United Arab Emirates (UAE Embassy). (2017). UAE history. Retrieved from             http://www.uae-embassy.org/about-uae/history

Mina, W. (2014). United arab emirates FDI outlook. The World Economy, 37(12), 1716-1730.             doi:10.1111/twec.12169

United Arab Emirates (UAE) Country Commercial. (2017). United Arab Emirates – openness to              and restriction on foreign investment. Retrieved from     https://www.export.gov/article?id=United-Arab-Emirates-openness-to-foreign-            investment

United Arab Emirates (UAE). (2017). Governance. Retrieved from             https://chronicle.fanack.com/united-arab-emirates/governance/

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Legal and Economic Considerations

Legal and Economic Considerations

Question

Economic Environment
Based on your research in Week 1, you have explored how a country’s global economic development is essential in promoting and distributing a product. This week, expand on details about your country’s economic development and any possible concerns that may affect doing business in this country.
Primary Task Response: Within the Discussion Board area, write 400 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.
Discuss the following with your colleagues:
How does the country’s economic environment affect potential business in your selected country, and why?
How does the economic growth of the country affect demand for your product, and why?
How will you distribute this particular product, and why?
How does technological development in this country contribute to opportunities to promote this product to your potential customers?

Sample paper

Legal and Economic Considerations

The economic environment in the United Arab Emirates (UAE) region has significant impacts on business. Various economic factors directly affect businesses. These include interest rates, general demand, government spending, inflation, taxation levels, economic fluctuations, and among other economic factors. During periods of recession, the demand is low. This means that businesses struggle to sell their products or services to consumers who are unable to pay due to low household incomes. On the other hand, the boom period is when businesses are doing better. Another key economic factor is inflation. This occurs when the supply of money is greater than the actual production of goods and services. This pushes prices upwards. This is accompanied by an increase in the cost of raw materials. These factors may affect the sale of petroleum.

The economic growth of the country is a key determinant of the demand for petroleum products. When there is high economic growth, most businesses are performing better. High economic growth means there are increased trade activities by businesses and individuals. For instance, there are more businesses purchasing raw materials and/or moving goods to the final consumer. The increased trade activities increase the demand for petroleum, which is key in the transport and energy sectors. This will directly affect the demand for petroleum products within the region. As such, economic growth promotes increased sales of the petroleum.

Distribution of petroleum products may involve the adoption of complex distribution systems that includes trucks, railways, pipelines, and ships. Distribution in the UAE region will involve trucks and pipelines. The trucks will help in carrying the oil to refineries, where the products will be transported via pipelines to various parts of the country. Transportation using pipelines is the cheapest and most convenient for liquefied petroleum. Use of trucks is time consuming and contributes to wearing down of roads, increased traffic congestion, and accidents. However, trucks may provide key links to areas not covered by the pipelines.

Technological development is critical in promoting products to customers. Technological development provides an opportunity for the company to promote its products to potential consumers at a much lower price. Currently, the company will be able to use social media to influence potential consumers into buying the products. Social media has become a powerful tool in reaching out to millions of consumers within a short time. Advertising through social media is relatively cheaper comparing with advertising using the traditional media. The company will be able to communicate the product benefits and provide information about pricing to potential consumers through the social media.

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Workers’ Rights Violations-Foreign vs. U.S. Legal Systems

 

International Business Disputes

Question

Currently, you are definitely living and existing in a global economy, and business is no longer merely conducted with individuals and businesses in a close geographic location. Consumers and businesses are dealing with others from all corners of the world. This brings about certain challenges to the business regarding the sales process.

Primary Task Response: Within the Discussion Board area, write up to 350–500 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your fellow classmates. Be substantive and clear, and use examples to reinforce your ideas:
Keeping in mind the United Nations Convention on Contracts for the International Sale of Goods (CISG), what are the implications for businesses that wish to operate within countries that have not agreed to this platform from the UN?
The purpose of business is to make money. Should a business engage in commerce in countries that have not accepted the CISG platform? Why or why not?

Sample paper

International Business Disputes

The United Nations Convention on Contracts for the International Sale of Goods (CISG) provides business with a fair platform to exercise international sale of goods. Businesses that wish to operate with countries not on the platform may face a number of implications. One of the implications is the increased risk of economic losses in case of non-fulfillment of the contract by the other party. The CISG provides businesses involved in international trade with a level platform for resolving contractual disputes. Another implication for such a business is lengthy contract negotiation process. The CISG provides the guiding rules for international contract negotiations and fulfillment. Thus, when a business operates in a country that has agreed to the rules it is easier to enter into an agreement because the CISG law automatically defines all business transactions.

Another implication for a business working in country that has not agreed to the platform is the risk of unfair trade practices. Such a business faces the risk of unfair trade practice since in the particular country, there is no agreements existing concerning business dealings. CISF rules provide member countries with a uniform law that applies to international business transactions. The uniform law promotes fairness across all countries regardless of their developmental status. The developed and the underdeveloped nations are all treated the same. Another implication for such businesses is the risk of ambiguous laws. Countries across the world have different laws guiding international trade. A business may not be able to interpret the laws of different countries putting it at risk. CISG provides a uniform law that is clear and transparent.

Businesses can still engage in commerce in countries that have not accepted the CISG platform. This is due to the presence of other international trade regulations that may guide such transactions. Businesses can engage in trade in countries that have clearly defined international trade regulations. Businesses should ensure they understand clearly the laws and regulations guiding international trade in such countries. If a country has a strong regulatory framework regarding international trade, then it means that the risks contractual failure is low. Engaging only in countries that have agreed to the platform could deny businesses an opportunity to obtain essential products that may not be available in countries that agree to the platform. The key thing is that businesses should ensure they take time and engage in considerable negotiations to avoid losses resulting from partial or nonfulfillment of the contract.

Related:

Workers’ Rights Violations-Foreign vs. U.S. Legal Systems

Workers’ Rights Violations-Foreign vs. U.S. Legal Systems

Question

As students, you work hard for you grades and your subsequent degree. Now, imagine that someone intentionally stole years of your hard work and sacrifices for their own personal gain. How would you feel, and what would your reaction be?
Primary Task Response: Within the Discussion Board area, write up to 3 paragraphs that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas: 
Safe work environments, fair wages, abuse of child labor, and unfair treatment of workers are all topics that are unfortunately in the news all too often. Previously, these were problems or issues that were present in the United States. Fortunately, the legal system and regulations, for the most part, have made these issues a thing of the past. However, in many foreign countries, these problems still exist. Societies are bound to repeat their mistakes if they do not learn from the past. Therefore, research the Internet and the library for two countries where workers have experienced human rights violations or violations of labor laws.
Search the Internet and the library, and select at least 2 countries where workers have experienced human rights violations or violations of labor laws.
State your opinion as to the impact of conducting business with these countries and the ramifications of doing so.
What should be the legal and ethical reaction of the business community for these types of violations?

Sample paper

Workers’ Rights Violations

In certain countries, gross violations of workers’ rights are still rife. A recent report by International Trade Union Confederate (ITUC), 2015) highlights the top 10 countries with the worst workers’ rights violation records. Among these countries are Saudi Arabia and Colombia. Workers in these countries experience unique rights violations. In Colombia, workers have to endure poor working conditions and low pay. In addition, workers face death threats or are murdered when trying to agitate for better terms. In Saudi Arabia, the situation is different, with reports of forced labor especially for migrant worker (ITUC, 2015). Migrant workers in Saudi Arabia also face labor law exclusions, which subjects them to many problems.

The impact of conducting business with these countries is that they are likely to continue ignoring the labor law provisions. By conducting business with these countries, individuals who move in these countries are likely to face labor violation practices. For instance, people moving to work in these countries could face labor law exclusions or find themselves in forced labor. The ramification is increased tension between the countries because of reports of gross labor violations of the migrants.

The legal and ethical reaction of the business community is to advocate for fair labor practices. The business community can lobby legislators or the government through rights groups for the proper enforcement of labor laws. What is lacking in these countries is political will to enforce the existing labor laws and ensure fair treatment of workers. Rights interest groups can be able to lobby the respective governments to enforce labor laws.

Reference

International Trade Union Confederation (ITUC). (2015). ITUC global rights index names           world’s ten worst countries for workers. Retrieved from http://www.ituc-csi.org/ituc-   global-rights-index-names

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