Umbrella Clauses in Bilateral investement Treaties & Comparison Essay

Umbrella Clauses in Bilateral investement Treaties & Comparison between ICSID, UNCITRAL and ICC - Essay Example Put another way, the main question is whether or not the umbrella clause renders a breach of an investment contract a treaty claim.3 A review of previous arbitration decisions on the issue have produced mixed results. It would appear that with contradictory rulings on the matter, umbrella clauses can sometimes be effective for resolving disputes arising out of investment contracts concluded under the authority of BITs. Wong argues however that, contradictory rulings only serve to nullify umbrella contracts and thus render them ineffective as a means of resolving disputes arising out of an investment contract.4 This paper evaluates umbrella clauses with a view to determining whether or not a rule of law can be identified in the jurisprudence pointing to the when and how umbrella clauses can be used effectively to resolve disputes arising out of an investment contract. Case Law Consistency in arbitration decisions is an allusive concept due to the fact that arbitration panels are forme d specifically for a case. As a result, panels do not sit consistently and therefore they do not have the persistent experience and consistency that court appointed judges may have and usually accumulate. Moreover, international arbitration does not have a hierarchal structure in which appeals can be heard by a higher arbitration panel for the purpose of establishing or clarifying a rule of law. In the meantime, arbitration decisions are usually heard in private, and where they are published and shared, publication is delayed and highly selective. For example, the International Chamber of Commerce (ICC) only publishes 12% of its cases and even then, the case is only reported three years after the award is given (Guillaume, 2011).5 Therefore in evaluating case law in international commercial arbitration, it is difficult to know with any degree of reasonable certainty, what the actual jurisprudence is on a particular legal matter. The cases that are available reveal only limited juris prudence and any evaluation is therefore qualified by the fact, that a complete analysis of the legal rule is not possible. This analysis of the effectiveness of the umbrella clause for the resolution of disputes arising under an investment contract can only be determined on the basis of the available published arbitration cases. The first case of note is the 2003 case of SGS Societe Generale de Surveillance S.A. v Islamic Republic of Pakistan. This case involved a dispute which arose under a contract between Pakistan and Swiss company for the latter’s services as a shipment inspection agency. Pakistan terminated the contract later on and the Swiss company, relying on the BIT between Switzerland and Pakistan submitted the matter to arbitration and claimed that in addition to breaching the terms of the contract, Pakistan also violated its obligations under the BIT and especially the umbrella clause. Pakistan argued however that the dispute arose under an investment contract an d therefore the panel did not have jurisdiction over the matter.6 The arbitral panel ruled that the investment contract between Pakistan and the Swiss company predated the BIT and the applicability of the umbrella clause must be viewed in that light. In this regard, unless there was clear

Market Planning Essay Example for Free

Market Planning Essay Analysis 1. Introduction In 2001, Doole and Lowe defined the international marketing. In a simple class, international marketing involves the firm in making one or more marketing mix decisions across national boundaries. And in a complex class, it involves the firm in establishing manufacturing facilities overseas and coordinating marketing strategies across the globe (Doole Lowe, 2001). And Chong and Kasturiratne said that, â€Å"the world of marketing is a dynamic and very exciting one where decision making is at the heart of the marketing process. New markets are opening and old markets are evolving, bringing with them new competitors but also alliances (Chong Kasturiratn, 2009).† 2.1 Primark Background Primark is an interesting, amazing and growing company that gives customers with low-cost fashion clothing. It has a supply chain, which is very effective. The production link in China, India, Turkey, Bangladesh and other countries, with retail outlets in Ireland, the UK and other parts of Europe (Businesscasestudies, 2011). Primark is a global clothing retailer found in June 1969, and in Mary Street, Dublin, the first Penneys store opened. The developing speed is fast, from 1969 to 2012, there are 38 stores in Ireland, 35 stores in Spain, 161 stores in UK, 4 stores in Netherlands, 6 stores in Portugal, 9 stores in Germany, 1 store in Belgium and 2stores in Austria. In total, there are 256 stores all over the world (Primark, 2012). The slogan of Primark is style, quality and affordable prices all rolled into one at Primark. And the key principle of Primark is to provide the consumers with low-coat fashion items. The target consumer is the people who has fashion thinking and want to save money. By using the way of sourcing productions efficiently, making clothing with easy design, using local raw material, paying attention to the mass size and speeding less on advertisement, the operating of Primark is efficient. 1.2 Chinese fast fashion According to Barnes and Lea-Greenwood, fast fashion is a kind of marketing strategy. When the demand of consumers touches a top value, to satisfy this peak, the purpose of fast fashion is to reduce involved processes in the buying cycle and save times for delivering new fashion productions into stores (Barnes Lea-Greenwood, 2006). In recent times, fast fashion developed very fast, it become an emerging market for the whole world, In China, Fast Fashion brands are now learning that the speed of bringing a new style to market is secondary to the speed of reaching the market at all (Poleg, 2012). 2. Analysis 2.1 PEST analysis If an organization want to enter a new market, before the beginning of the process, PEST analysis is very important. The PEST analysis is an efficient tool to understand the market. The factors include political, economic, social-cultural, and technological. Political: The political factor has a big influence on the business. In the year of 2012, the political environment is stable, though it is the time that China’s leader will change from Jintao Hu to Jinping Xi. As one of China’s fundamental political system, the multi-party cooperation system identifies the status and functions of the CPC and the eight other political parties in the political life of the state, and the relations between the parties (U.S. State Department, 2012). And the Chinese government consists of a system of multi-party cooperation and political consultation under the leadership of the CPC. The system ensures that the CPC is the only party in power in the Peoples Republic of China (Fogel, 2010). So even though the leader changed, the policy will change limited in the future. And at the same year, the Chinese government has put forward the 12th five year plan. In the twelfth chapter, there is a plan to improve the level of opening up, in order to make a win-win situation. That policy may be good for Primark’s entry to Beijing’s market. Economic: In recent years, as the result of successful economic reform and nimble marketing strategy, Beijing’s rag trade is becoming prosperous. GDP is becoming higher and higher, so the consumer awareness of people who living in Beijing is stronger than the past time. Rag trade in the Beijing is a big market ranked thirty-sixth (Wang Zhao, 2012). With the reform and open and the developing of economics, china is the biggest clothing industry and brand development all over the world. Beijing is a city of big consumption for clothing, there is more than 60 percent foreign clothing investment in Beijing. According to the Beijing statistical bureau’s data, in the year of 2011, the disposable incom e of each Beijing resident is increased 13.2 percent, consumer spending of each is increased 10.3 percent. And for the clothing spending is increased 8.5 percent, which occupy the whole spending 10.3 percent. Last year, the spending on clothing is 46.92 billion. And it occupies 22.6 percent for the last year in the shopping mall (Beijing business information consultation center, 2012). And for the economic growing, it is do a high speed of China’s developing in the past 10 years. GDP is 47156.4 billion, it increased 9.2 percent, and the expert forecast the date will be increased more than 12%. China’s clothing market is very huge, in the year of 2011, the sales volume of transnational clothing corporation is 5700 million, and the sales volume of shopping center is 2340 million (We the financial channel, 2012). Economic globalization has become the trend of world economic development. In the year of 2012, there are 1419 new foreign investments have been approved in Beijing. The growth year-on-year is 3.73%. The total investment of new established enterprise is 4.109 billion dollars, and the growth year-on-year is 92.05% (China industry research, 2012). Social: Beijing is the capital of China, so Beijing is the center of political, culture, science and technology, and diplomacy activity. The culture of clothing has a long history in here, there is strength in the culture deposits and arts and humanities. At the same time, Beijing is the center of national minority, it can sufficiently shows the glamour of brand. Beijing is the economical center of northern part of China, there is a vast potential for future development. Nowadays, the developing speed of Beijing’s economic is very fast, followed, the values and taste are changed, too. The demand of new clothing, new brand, and new style is the key point. There is a big latent purchasing power on the people who come from other places. After reform and open up, people travel to Beijing, people work in Beijing, people settle in Beijin g. International stars, HK, Macao and Taiwan compatriots, artists, and famous people, they all like to go to Beijing. All of these make a good foundation for the clothing development. As the capital of China, Beijing is the center of international communication. There are a large number of embassies, trade delegations, and foreign institutions. A lot of meetings in Beijing, China International Clothing and Accessories Fair are now the largest fashion fair in China and it stands for the authority level in China. The clothing market in Beijing contains top grade brand shopping mall, brand shop, boutique, exclusive shop, and supermarket, all of these make a system that good for new brand located. Technological: In Beijing, people can easy to get information and there is strength for the textile industry—update the technology and imported technology is convenience. So Beijing’s rag trade can follow the international fashion. The development of high technology makes Beijing’s market climb a high level. And there are some top-ranking clothing universities in Beijing, such as Beijing Institute of Fashion, Tsinghua University and China Academy of Art, and so on. There are 10 universities focus on clothing, they make high level talents for design, management and sales, which improve the Beijing’s rag trade. 2.2 Michael Porter Five Forces Analysis Suppliers bargaining power: A producing industry requires raw materials-labor, components, and other supplies. This requirement leads to buyer-supplier relationship between the industry and the firms that provide it the raw materials used to create products. Suppliers, if powerful, can exert an influence on the producing industry (Quick MBA, 2010). As we mentioned in the Primark background, the first supplier is China, the credible forward integration threat by suppliers, suppliers concentrated, significant cost to switch suppliers and customers powerful make the suppliers are powerful. Primark sell in bulk, and have a mandatory requirement. Primarks Supplier Code of Conduct is a mandatory requirement within which its suppliers work. It incorporates the United Nations Charter, Chapter IX, article 55 and is subject to strict and ongoing audits conducted by third parties (Primark, 2012). Primark takes this Code of Conduct very seriously and its management board reviews it regularly. But there is exiting a problem, which is the increasing cost of raw material. Because of the decreasing cotton cultivation makes the cotton price increased in China. So Primark should pay attention to the relationship with suppliers caused by price increasing. Buyer bargaining power: Buyer concentration versus firm concentration refers to the extent of concentration in the buyer’s industry compared to the extent of concentration in business. The more concentrated the buyer’s industry relative to business the greater the bargaining power of buyers (Lima, 2006). By the late 90’s, Chinese rag trade stepped into the buyer’s market. There is no definite brand and positioning, the increasing of productive power is faster than the increasing of order quantity. The competitors always win by low-cost. And for the targeting group of Primark is young people, there are a few buyers with significant market share and they possess a credible backward integration threat, so the bargaining power of consumers is high. Potential new entrants: The rag trade has low barriers to entry, and in theory, any form should be able to enter and exit a market, and if free entry and exit exists, then profits always should be nominal (Quick MBA, 2010). So, although the rag trade is easy to enter, there is exiting so many competitors. If Primark want to get the profits, it should have its own characteristics and build its own brand name. Like Lima said â€Å"Brand identity is the extent to which buyers take the brand name into account when making purchase decisions (Lima, 2006).† Threat of Substitutes: In Porter’s model, threat of substitutes is caused by the products in other industries. The price change of the substitutes can affect the product’s demand. But clothing is essential for people, it is difficult to find a substitute for clothing. But the consumers in current time, the function of clothing is not only kept warm, but also to follow fashion. So some consumer changes their attention to cosmetic and jewelry. Therefore, the threat of substitutes is high The rivalry among competing sellers: Primark’s main competitors are HM, ZARA, GAP, UNIQLO and other fast fashion brand. From a macroscopic analysis, there is no different between the competitors. But from the microcosmic, the price strategy of low-cost is an advantage point. So the threat of competitors is high and fierce. When Primark face to the competitors, it should improve the product differentiation, creatively use a distribution channel and improve the relationship with supp liers. 2.3 SWOT analysis A scan of the internal and external environment is an important part of the strategic planning process. Environmental factors internal to the firm usually can be classified as strengths (S) or weaknesses (W), and those external to the form can be classified as opportunities (O) or threats (T). Such an analysis is referred to as a SWOT analysis (Quick MBA, 2010). Strengths: Primark has confirmed the market of goal and brand name. It comes from Europe and it is easy to develop in Beijing. And the style of clothing is prevailing with low price. It is easy to find factory to produce productions. The brand is fits for the youth to follow fashion and fits for their purchasing power. And it has a good industry chain. Weakness: Primark does not familiar with the market in Beijing, and Chinese consumer does not know the brand. Other fast fashion settle in Beijing early, and they occupy the market. Opportunities: There will be plenty of space for new brand to grow. There is a high purchasing power in Beijing’s market. The education of Beijing is high and people can accept new things. Threats: The culture, policy and human are totally different from Europe, these make difficult to entry. And some competitors have settled in Beijing a few years age, how to attract consumers and how to build brand name is the first problem. - Strategy Development 2 STP Analysis In the marketing theory, segmentation, targeting and positioning are the factors of company marketing strategies. When Primark enters Beijing’s market, it will face to thousands of consumers. The consumer psychology, consumption habit and income level are different. By analysis the strategies factors, we can know which way fits for the Primark in Beijing. 3.1 Segmentation Geographical factors In Beijing’s market, we divide the geographical factors into two parts, one is city consumer, and another is rural consumer. For the city consumer, they need the clothing style full of modern and the productions can follow the fashion trend. For the rural consumer, they focus on the practicability of the productions, and pay less attention to the appearance. Demographic factors A).Gender: The demand for clothing is different between men and women, women have a high demand for the appearance of the clothing, and men pay attention to the style and practicability. B).Age: Different age stay in the different level. The young people and students in school are the main consumer group. Based on some researches, the people whose age between 18 and 35 is a big consumer group, they hold the 50% of the clothing market, and there are only 19% held by the age of 40. The young people is the leading group for the fast fashion, different consumer group has its different consumption level. At present, the consumer of high-end expensive and of high quality is 0.6% for the Beijing’s market. And middle class is 70-75% (EFU, 2012). Psychological factors In Beijing’s market, we divide the psychological factors into five parts. Price| For this group, the first consideration is price. The income drives the purchasing power.| Quality| The consumers pay attention to the quality of the clothing, hats, shoes or bags.| Service| This group pays attention to the pre-sale services and after-sale services. They need high service system.| Fashion| The consumers love to follow the fashion trend and the renewal and replacement is fast.| Luxurious| They pursue the highest price, and they need satisfaction from shopping. Behavior factors For the confirmedly brand buyer, they only buy one brand, never considering to buy other brand, the purchasing pattern is A.A.A.A.A.A. For the middle brand buyer, they will buy the production from several brands, the purchasing pattern is A.A.B.B.A.A. For the shift brand buyer, they change their mind from one brand to another, it means they have no loyalty for one brand, the purchasing pattern is A.A.A.B.B.B. For the no loyal brand buyer, they do not have the favorite brand and do not care the brand, the purchasing pattern is A.C.E.B.D.B. 3.2 Targeting After analysis the Segmentation, The target group of Primark is the young people who have higher education in Beijing, because the characteristic of this group is the convergence of purchasing. They may be come from different city, have different personality, but they are in the golden age, they listen to the same music, watch the same movie. Especially the developed internet, they can get the information and then synchronization with the world. So it makes Primark to choose the undifferentiated marketing. Primark enters Beijing’s market, it can use the same production, the same price and the same selling way, but it should make a new business strategy to Beijing’s consumer. 3.3 Positioning When Primark enters Beijing, the first consideration of position is competitors. The tentative competitors in Beijing are HM, ZARA, GAP and UNIQLO. Product- positioning map 1 In fact, the productions of Primark have a competitive advantage on the price, but it will lose in the popularity of brand. Therefore we should pay attention to build the brand name. Then the Primark can attract more potential consumers (middle shift brand buyer). High popularity with low price Product- positioning map 2 For the entering of Beijing, one thing is difficult to change, that is equipment. The quality level is similar, and then Primark must put itself into a high service. As known, the shop of fast fashion is self-service just like supermarket. So Primark should improve service and then establish a good presence in Beijing’s market. Primark’s clothing is full of British style, the selling point is designed in British, and then the brand value in Beijing could be higher than the value in UK. And based on the price in the UK, Primark’s strategic positioning is middle class in Beijing. The middle class can help Primark to establish brand image and keep it have a long future. 3 Entry modes analysis When a company entry a new market, there are two major modes: they are equity mode and non-equity mode. The equity mode comprises joint venture and wholly owned subsidiaries, and non-equity mode comprises export and licensing. And the main purpose of each company is to establish itself in the aim market (Zekiri, 2012). According to Charles, no matter which entry mode the company chooses, it has implications for how much resources the company must commit to its foreign operations, the risk that the company must take, and the degree of control that the company can exercise over the operations on the new market (Charles, et al., 2011). The following tables will analysis the four entry way, and the factors that influence the entry mode, then we will know which way should chosen by Primark. Exporting Licensing Joint Ventures Direct Investment Factors that influence the entry mode Based on above analysis, we can see the country risk is low in Beijing’s market, and the polity and economy are stable recently in China, for these factories, exporting and Joint Ventures do not fit for Primark’s entry. Furthermore, Primark in the UK’s market, brand name has been built. It owns a lot of consumers not only in UK, but also in Europe. So the international experience is experienced. Finally, for the reason of big firm resources, experience abroad, low local market risk and a little intensity of the competition, it seems the most adapted for Primark entering in Beijing is direct investment. The direct investment, it may bring pressure to the investment and the company may take more risk. But the cost of the clothing is low, and the labor cost in China is lower than UK. The productions of Primark follow the fashion trends, which need the company uses the short time to produce, transport, and product release in the first time. Building the factory in Be ijing can satisfy the need of market. At the same time, Primark can catch the Beijing’s fashion trend, which makes the production diversification. IMPLEMENTATION 5. 7P marketing mix Booms and Bitner suggested that adding three factories in the marketing theory of 4Ps in the year of 1981 (MATT, 2012), the three factories are People, Process and Physical Evidence. In this section, we will use the marketing theory of 7Ps to analysis the implementation of Primark. 5.1 Product The marketing theory of 4Ps is leaded by the product, and Primark do well in product, there are two aspects to show the Primark’s product structure. A) From Primark’s website (2012) we know, there are three clothing style in Primark, they are menswear, womenswear and childrenswear. The womenswear include four branches, the first is atmosphere, which is high fashion clothing for women, with a focus on key fashion trends, classic casuals, accessories and footwear; the second is DENIM, which contain all the fashion style of pants; the third one is secret possessions, which is a branch to Primark’s underwear for women, from underclothes multipacks, to individual items and nightwear; and the fourth one is backswing, which is a sports branch with the emphasis on technical functionality. According to the Primark’s website (2012), the style for men is enough to male consumer. Primark has the clothing style for all occasions, consumer can buy everything from the formal one to the casual one. All of these make the Primark’s product structure complete, give a lot of choice for different consumer, and let each consumer have a good shopping experience. B) The quantity of each clothing is every huge, as Primark said â€Å"we buy and sell in bulk Primark has over 230 stores in Ireland, the United Kingdom, The Netherlands, Spain, Germany, Portugal and Belgium.† The huge quantity satisfies the demand from the new market. 5.2 Price The strategy Primark used is low cost strategy. The target group is young people with higher education, their age between from 18 to 35. They have the purchasing power for the fashion trend, but they do not have the power to purchase the luxury. So the price can satisfy the demand of this group. When Primark entry Beijing’ market, it will use the same price strategy. As Zollinger said â€Å"prices that already exist in the subjective memory of consumers (Zollinger, 2011).† When a consumer choose a goods, if the performance, appearance and value are similar, one factor should considered by the consumer is the price. For long term thinking, the price is interrelated with sales. The low price could be got a higher level of the sales in the new market; and if the sales have risen, it can drive the financial income increase; the competition will face the austere market; the low price discourages the potential competition; and finally market does not allow a high price in the same level (Danciu, 2001). 5.3 Promotion and Place When a company entries a new market, an important point is promotion. There are 5 aspects of promotion. They are advertising, personal selling, sales promotion, public relations and direct marketing. But in fact, according to Primark’s website (2012), it said that Primark has no advertising costs, instead relying on their customers â€Å"advertising on mouth (word of mouth)† about their products. But the competitors like HM, GAP and UNIQLO pay much attention to the advertising and designing. There are three main ways of Primark’s communications. The first is mentioned in the website â€Å"word of mouth†. The second is the product structure of Primark, which is the fashion design, diverse style with low price to attract the consumer. The third is the geographical position. Primark always set the shop in the city center or the bustling shopping mall. Although the rental cost is much higher than other competitors, Primark always give consumer a good shopping experience. However the shopping experience is different from Europe to China. Advertisements surround Chinese everywhere they go. Based on my personal experience, a good advertisement will attract me to try new product. According to Carl Hose, the purpose of advertisement is to sell the product. It is a communication of one-way form from company to consumer, and it will give consumers the important information to make a buying decision and attracting new consumers. It tells consumers about the products and how to get it. The purpose of advertising is to sell products and to build brand name (Carl Hose, Demand Media, 2011). Consequently, when Primark entry Beijing’s market, it need advertising to build the brand name at first time, and then it can use the promotion used in Europe. At the same time, Primark should keep the low price strategy and set the shop in the city center. 5.4 People When Primark entry to Beijing’s market, if it wants to move forward, the management should knows what has to be achieved, departments should know their role and stuff should know their goals. And they all should know what the consumers need. For Primark, it should hire the people who study abroad. Because they are familiar the behavior and thinking mode of Chinese cultural tradition, they can easily communicate and cooperate with the stuff, and make the management more effective. At the same time, the hired people got the western educations, they understand the western way of dealing problems and behaviors, and they can understand and implement foreign bosss management concept. So, these people have important function to deal the culture conflict, promotion to cooperate effectively (Sun, 2010). 5.5 Process and Physical Evidence The service is an essential point for the Primark entry the new market. It can build the brand name, at the same time, it can keep the consumers. Like James A Karl said that service good in an operation will greatly help in attracting new customers and the amazing consumer service can keep the consumer coming back. This is indeed a fact because people like to do business with the people who they trust and had a good experience (Karl, 2007). Conclusion and Critical Reflection 6. Conclusion and critical reflection After the Pestle and Porter five forces analysis in the first section, Primark seems to ready to entry Beijing’s market. But no one can predict the future and the condition of Beijing’s market is changing every time. For entry, the strong new market can help Primark to develop itself, at the same time, the new market may be weaken the brand name of Primark. Though the situation is good for Primark’s entry, it is an armchair strategist. There are so many problems we cannot consider, such as financial crisis, the changing of price and the changing of exchange rate. Primark’s strategy positioning is middle class in Beijing, and the target group is the people who have higher education, using the direct investment with low cost strategy. But the strategy cannot force the competitors, the success of Primark in Europe is decided by the strategy used in the UK’s market, and Primark has experience to face the competitors, but Chinese condition is different f rom Europe. Another problem is the cognize of price in China, Chinese always think the high price is equal to high quality, and low price is equal to low quality. So the effectiveness of low price strategy is worrying. And there are two problems we should consider, one is money, another is store. Because the direct investment, it will cost a large number of money. And the store should build in bustling street, but the Beijing’s bustling shopping mall seems in a situation of saturated. When Primark set in Beijing’s market, the 7P analysis is a basic for implementation. But the development of Primark should change the idea with the changing of each factor from 7P. When Primark face to the new market, the new policy, the new consumers, all the analysis engage in idle theorizing. Reference Barnes, L. Lea-Greenwood, G., (2006). Fast fashioning the supply chain: shaping. Journal of Fashion Marketing and Management, 3 10, pp. 259-271. Beijing business information consultation center, (2012). The 2011 Beijing clothing market scale, expanding department store is still the main channel clothing sales. [Online] Available at: http://cif.mofcom.gov.cn/cif/html/jincheng/jjdt/2012/2/1330411616159.html [Accessed 2 12 2012]. Businesscasestudies, (2011). Providing consumers with ethically sourced garments. [Online] Available at: http://businesscasestudies.co.uk/primark/providing-consumers-with-ethically-sourced-garments/introduction.html#axzz2F1kdeXYF [Accessed 1 12 2012]. Carl Hose, Demand Media, (2011). Difference Between Advertising Strategy Promotion Strategy. [Online] Available at: http://smallbusiness.chron.com/difference-between-advertising-strategy-promotion-strategy-20977.html [Accessed 1 12 2012]. Charles, H., Hwang, P. Kim, C., (2011). An Eclectic Theory of the Choice of International Entry Mode. Strategic Management Journal, 31 8, p. 15. China industry research, (2012). In the first half of 2012 Beijing foreign investment situation analysis. [Online] Available at: http://www.chinairn.com/news/20120731/523861.html [Accessed 1 12 2012]. Chong, D. Kasturiratn, D., (2009). International Marketing, London: University of London Press. Danciu, 2001. Marketing international, Chicago: University of Chicago Press. Doole, I. Lowe, R., (2001). International marketing strategy: Analysis, development and implementation, London: Thomson Learning. EFU, (2012). Beijing dress kind of price 1.8% textile materials industry up 3.4. [Online] Available at: http://news.efu.com.cn/Market.aspx [Accessed 1 12 2012]. Fogel, G., (2010). BUSINESS ENVIRONMENT IN CHINA: ECONOMIC, POLITICAL, AND CULTURAL FACTORS, New york: The McGraw-Hill Companies. Karl, J., (2007). Customer Service The Importance of Quality Service. [Online] Available at: http://ezinearticles.com/?Customer-ServiceThe-Importance-of-Quality-Serviceid=2220862 [Accessed 1 12 2012]. Lima, T., (2006). Michael Porter’s â€Å"Five Forces† Model Summary and interpretation, Brazil: State University of Campinas Press. MATT, (2012). 7P’s by Booms and Bitner. [Online] Available at: http://www.sayeconomy.com/7ps-by-booms-and-bitner/ [Accessed 1 12 2012]. Poleg, D., (2012). Fast Fashion: Too slow for China?. [Online] Available at: http://www.buybuychina.com/is-fast-fashion-too-slow-for-china/ [Accessed 1 12 2012]. Primark, (2012). Company History. [Online] Available at: http://www.primark.co.uk/page.aspx?pointerid=eb44df4565934edca627dac6ec12145a [Accessed: 1 12 2012]. Primark, (2012). suppliers. [Online] Available at: http://www.primark.co.uk/aboutus/supplier [Accessed 1 12 2012]. Quick MBA, (2010). Porters Five Forces A model for industry analysis. [Online] Available at: http://www.quickmba.com/strategy/porter.shtml [Accessed 1 12 2012]. Quick MBA, (2010). SWOT analysis. [Online] Available at: http://www.quickmba.com/strategy/swot/ [Accessed 1 12 2012]. Sun, J., 2010. Studies on Multinational Corporations Management and Developmental Strategy in China. International Business Research, 2 3, p. 5. U.S. State Department, (2012). U.S. Relations With China. [Online] Available at: http://www.state.gov/r/pa/ei/bgn/18902.htm [Accessed 1 12 2012]. Wang, M. Zhao, Y., (2012). Beijing’s Industry Development Statistical Evaluation Analysis, Beijing: Beijing Junbao Press. We the financial channel, (2012). In 2011, 47.1564 trillion yuan GDP growth rate compared with 9.2. [Online] Available at: http://finance.people.com.cn/GB/16898408.html [Accessed 1 12 2012]. Zekiri, J., (2012). Factors that Influence Entry Mode Choice in Foreign Markets. European Journal of Social Sciences, 31 1, p. 576. Zollinger, M., (2011). Decisions Marketing, New york: Harcourt Brace Jovanovich Publishers.

Human Rights And The Western Concept Sociology Essay

Human Rights And The Western Concept Sociology Essay Since the beginning of Human Rights until recent Human Rights issues, the interpretation and concept of Human Rights have been diversified significantly. Western construct have played a big role in the creation of Human Rights and in questioning the meaning of universal rights. The rights one has because one is human is a clear and concise meaning of human rights, which is an appurtenance to an individual, where certain parts are not included, such as benefits. The western ideology of Human Rights have greatly inputted in Human Rights through various concepts that have been introduced to non western societies. These various concepts of western construct have influenced Universal Human Rights, where western politics have greatly altered the concept of Human Rights, also through colonisation which is particularly affected Indigenous communities, and by western cultures and societies. The western construct of Human Rights is eminently viewed in Human Rights, which are present in both we stern and non western societies. Human Rights have gradually been altered and changed to insert western values and political thoughts into non-western states and societies. The western political emphasis for the right to development and to freedom from hunger is predominate in Africa as a rightYet, some of these rights do not correlate within societies in Africa. In result of this, many African leaders repudiated western political emphasis of Human Rights into their societies and designed their own Human Rights Charter, or also known as the African (Banjul) Charter on Human Rights, to suit their society.3 Even though the African Charter was created to suit the African society, western political influence is still clearly evident in the charter. Individual freedoms and rights as values has lost its significance in non western political thought, which is much of a variance, though non western societies have trouble determinating this significance that would be easier in western societies. Political influence is widely viewed in Human Rights and it influences the rights that are also used in non western societies. The western concept was also brought through colonisation and it too affected the Human Rights significantly. It is how the western ideology was introduced in non western societies. Colonialism creates the basis and idea of Human Rights throughout history. The colonisation of certain states that have Indigenous People has influenced the Human Rights that are present in their societies. The fleet that arrived in countries with Indigenous People, particularly Australia, were asserted in the Indigenous Community without their permission, thus resulting in ascendancy in the communities. Bringing civilisation and the religion of Christianity was a priority for the fleet, to introduce them with their style of Human Rights. Though, this occurrence ended in a bloody way by killing and damaging many of the Indigenous People in order to universalise universal moral values. Indigenous People were greatly affected through colonisation all due to insertion of western construct of Human Rights, wh ich resulted in many casualties questioning whether basic Human Rights have been breached just for introducing the western construct of Human Rights. The post colonisation period, many Indigenous people have been ridiculed and degraded in society. Many rights, which are of western construct, are evident in the Indigenous society, where it lacked some rights or in some cases the rights did not fit in. Group rights, which are rights intended for a group of people, created problems in the Indigenous community. Group rights were mainly to do with economy and social class, rather than individual problems such as racism and ethnicity. Some speculate that if the existence of Group Rights was not evident, ethnic integration would not have been as difficult, and an end to ethnic hostility would have been seen.6 Indigenous People are seen to be excluded from the social life and economic opportunity, through practical questions such as why are their health conditions worse? et cetera. Only a handful of governments apologised to the Indigenous People, which brought them closer to the western society and the reconciliation process was starting to take effect.6 Colonisation was seen to affect Indigenous Communities and result in western rights implemented into their societies. Through colonisation, western culture has been introduced and changed, through Human Rights, in non western societies and cultures. It differs greatly from the cultures evident in non western societies. Indigenous Rights, in Latin America, was seen to be the main priority. It focused on the state abusing the Indigenous people and pushing for Indigenous people to have rights to their land and culture The Spanish community and people in Latin America have been introducing western culture into the Indigenous community of Latin America, thus implementing the Human Rights as a western construct. It is evident that in Universal Human Rights, the cultural imperialism is dominant by the west. The argument brought by Fernando Teson is that domination of certain attitudes seen in cultures, are accordingly appropriate and moral. Another point Teson argues is that ethnocentrism that relativists view are not supplying the same basic rights to non western cultures as opposed to the western culture s receiving those rights. Western culture has been a big influence in the non-western cultures and societies, it change the rights significantly in the non western society and adapted the western idea and thought but in the same time the western construct of rights was viewed differently in the non western cultures. The western society has also greatly impacted on the non western society, with the influence of western life and living which altered the Human Rights, and thus impacting it on the non western society. Human Rights, to a certain extent, accepts the idea that they are rights of the human in society. In 1789 the French recognised and stated the fundamentals of Human Rights which are evident in society, suggests that society too is in power to deliberate those rights, stating that western society can change and dismantle any specific right in any society.Edmund Bourke creates one of the most protruding historical criticism of the notion that Universal Human Rights derives from western construct and western societies that are implemented into non western societies. He argues that the French revolution changed the rights of many individuals and groups in society into a western for of rights. Bourkes Reflections on the Revolution in France, states a large argument of traditional communitie s and problems in traditional values, such as religion and loyalty, creates problems, disorder and integrity of western societies, thus the western societies alter many of the rights in order to suit their desires and to comply with the way they live Western society has changed many of the traditional concepts in non western society, thus the western society impacting greatly on non western societies with Human Rights. It is evident that the western construct has greatly impacted and significantly changed and altered the idea of Human Rights. These Human Rights are being implemented into non western societies, and the eastern oriental community are having to follow these concepts and ideas. The ironic title of The Universal Declaration of Human Rights is much seen as a western creation of Human Rights. The examples shown in this essay argues the idea of western construct in the universal human rights through various factors such as politics, culture, colonisation and society.

Themes in Silas Marner :: Silas Marner Essays

Themes in Silas Marner Silas Marner, written by George Eliot in 1861, attempts to prove that love of others is ultimately more fulfilling than love of money. This theme shows throughout the book, though the manner in which it is revealed leaves a bit to be desired. Often Silas Marner is criticized for being such a simple, unrealistic story. It does seem odd that after fifteen years of almost solitary confinement, Silas can trade his love of gold for his love of a daughter overnight. Despite Eliot’s attempt to portray Silas’s reawakening to society as a slow transition, the reader interprets his change of heart as a direct and immediate result of Eppie’s arrival. Despite these flaws in the story, the overall theme that man cannot live in a vacuum is portrayed by Eliot very well. Though Silas finds some satisfaction in his tenacious weaving and hoarding of gold, he only discovers true happiness after he dedicates himself to inter-personal relationships. Though his exile from Lantern Yard proves devastating to his self confidence and trust in others and God, fifteen years later Silas makes a full recovery, adopting Eppie to replace his love of money with love of a daughter. The fact that Lantern Yard has disappeared years later when Silas and Eppie go to visit it suggests that this town is no longer dear to Silas. In fact the removal of the town serves as a metaphor for Silas’s ability to find happiness outside his past. Also, near the conclusion of the story, the "fits" of Silas seem to have subsided. This makes sense because since the bachelor weaver has recovered and Eppie has opened his eyes to the reality of the world again, his soul is no longer separate from his body. While before, his soul was exiled and held in a purgatory of sorts before he found Eppie, now his spirit is alive and well, living in the present. Yet he still has relapses, suggesting that the fifteen years of self-torture have left permanent scars on his troubled soul. One lesser theme of the book is in regards to the Cass family. Eliot, through her portrayal of Godfrey and Dunstan as wealthy, selfish scoundrels who try to use one another and others to their personal advantage, asserts that the upper class has damaged society. While the Cass family, thinking that their wealth gives them undue privilege and rights to property (Godfrey’s attempt to seize Eppie from Silas), seems incredibly egocentric, Silas, representing the lower class, is seen as a humble victim of class bias.

The United States of America, 1919 – 1941 – Sources Question

(a) (i) President Hoover thought that the causes of the Depression of the à ¯Ã‚ ¿Ã‚ ½29 weren't because of the USA lending money to Germany, or because of the Daweà ¯Ã‚ ¿Ã‚ ½s Plan, or any other reason that might blame the USA. He thought that all the other countries had the fault or were to be blamed because of the Depression of the à ¯Ã‚ ¿Ã‚ ½29. I think that he thought that way because as he was President from the USA, he was obviously going to defend his country and say that his country had been a victim of all the other countries and problems of other parts of the world. (ii) In source B, the historian who wrote that thinks almost completely different than President Hoover. You can clearly notice the different opinions, as in source B, it says that the Wall Street Crash was the main cause of the economic Depression of 1929, the historian seems to be sure about it. And in source A, Hoover says that, as I have already mentioned before, the USA had absolutely no fault at all of the Depression. Because of these reasons, I can compare both sources and get to the conclusion that the historian of source B did not agree at all with the opinions expressed in source A. (iii) In my opinion, source B is much more reliable and trustworthy, because the historian who wrote that did it in 1984, and it had been a long time since the war finished, and he could analyze all the sources and evidence together. I think that is easier to analyze everything in â€Å"cold†, rather than in â€Å"hot†. I mean that is better to do it after it had happened, than meanwhile it is happening. Also, one thing that is very important is that the historian was, probably, more objective that the President. Because Hoover had so much pressure that he couldn't say that the USA had the fault of the Depression even though he thought that it really did. So, I think that source B is more useful than the other as evidence of the causes of the Depression. (b) (i) One reason why agriculture did not share in the 1920sà ¯Ã‚ ¿Ã‚ ½ boom was because of the loss of the European market. During the war America had shipped millions of tons of grain to Europe. Europe ha become the main market for American farm exports. But the First World War had so bankrupted Europe that few Europeans could afford to buy American farm produce any longer. Also, the tariff barriers put up by the Republicans to protect American industries made Europe poorer still so it could not afford American produce. Another reason is that American farmers were also struggling against competition from the highly efficient Canadian wheat producers. All of this came at a time when the population of the USA was actually falling and there were fewer mouths to feed. (ii) The Wall Street Crash began as a stock market and financial crisis, especially with the crisis of the New York stock exchange. In October 1929 the Wall Street stock market crashed, the American economy collapsed, and the USA entered a long depression which destroyed much of the prosperity of the 1920sà ¯Ã‚ ¿Ã‚ ½. The depression passed from finance to industry and from USA to the whole world. Export of American capital came to an end. (iii) The Wall Street Crash lead to a collapse of the US economy because Americans, with their incomes low, couldn't buy foreign goods. People couldn't collect the money they were owed or the money they thought they had in the bank. People could not buy so factories could not sell. Unemployment grew rapidly: skills of older people grew rusty and young people had no opportunity to learn. This made the people feel discouraged and frustrated, so they turned to new and disturbing political ideas. Optimists, including Hoover, thought that the depression was only a low point in the business cycle, and that â€Å"Prosperity was just around the corner†. But others believed that the depression meant the breakdown of the whole system of capitalism. (iv) Hoover was regarded as a â€Å"do nothing† President. He tried to encourage the US export trade although without much success. Even more damaging to Hoover's reputation, was how little he tried to help those who were suffering because of the Depression. He believed that social security was not the responsibility of the Government. Hoover appeared to be heartless and indifferent to the suffering of the American people. There could not be a greater contrast to Hoover than his opponent, the Democrat candidate, Franklin D. Roosevelt, who believed strongly in â€Å"active government† trying to improve the lives of ordinary people; had plans to spend public money on getting people back to work. As Governor of New York he had already started doing this on his own state. He was not afraid to ask on advice on important issues from a wide range of experts such as factory, union leaders or economists.

One-Dimensional Man

The introduction of Herbert Marcuse’s book, â€Å"One-dimensional Man,† shows us the problem that a democratic society creates. Though this book was written back in 1964, many can agree that what he says is true in today’s society. Different scenarios are also brought up to show us how things will be affected due to the advancements of technology. Marcuse wants us to see what will happen and what has happened to society through a series of changes. Marcuse talked a lot about the necessities and luxuries of life. He called these the â€Å"true needs† and the â€Å"repressive needs. He makes it a point to show us that the changes in society cause us to think differently. Most people are beginning to mistaken the â€Å"true needs† with the â€Å"repressive needs. † Instead of actually spending their money on things they need for themselves or their families, they splurge. Marcuse believes this to be due to the advancement of technology. Marcuse also believes that the media, in all its forms, influence what the individual believes to be â€Å"true needs. † Through social media, we are convinced that we must have something, therefore we go out and get what we want.All of the advertisements that you see are purposely developed so that you would want the product. With this the individual is blinded by what is truly needed and what is wanted. Marcuse compares this kind of behavior to a disease. He states that the individual indulges on these products so that they may satisfy their happiness within. But Marcuse says that this happiness is not a condition which has to be maintained (5). Instead, it is temporary and will go away once this person has satisfied their need. Then what is left is euphoria in unhappiness (5).Marcuse believes that an individual indulges in these â€Å"repressive needs† because they want equality. Buying these products give them a sense of equality to others in society. Marcuse believes tha t they are blinded by these products so much that they don’t even care about â€Å"true needs† anymore. They would rather have a big screen TV like their boss has rather than having health insurance. Marcuse says â€Å"Mass production and mass distribution claim the entire individual, and industrial psychology has long since ceased to be confined to the factory† (10).Anything that can be found within a household is mass produced. Most of which are machines that are used to help make everyday life easier. Society has become so accustom to having certain gadgets around that some people don’t even know how to perform simple tasks. Being able to mass produce an item is good in itself, but being able to distribute that product to an entire nation or even several nations is something else. This creates the potential of having the entire world depending on one company for a particular product. Technology has become just another part of everyone’s life.Tec hnology is constantly advancing and new products are always invented to help the daily routine of life, easier. Some examples of how certain inventions make life easier are the car, computer and internet. Being able to travel twice the distance in half the time makes the task of going to work and tending to your family much easier. Being able to send someone a document with a click of the mouse or even keeping in touch with family or friends that live far away. Since the workforce mainly consists of machines creating everything, people have begun to find things to do with their free time.Having actual free time to do things with the family or friends or even oneself is starting to become common according to Marcuse. Marcuse clearly states that technology has taken over the entire work force. Marcuse states â€Å"The very structure of human existence would be altered; the individual would be liberated from the work world’s†¦. † (2). By this he wants us to realize t hat humans will soon be replaced by technology. There would be no need for people to be around factories anymore because everything can be done much faster and much more efficient with machines.This is the type of society that we are heading into. This is all due to the people that own these factories. The uses of machines have proven to be much more efficient and much more productive. Humans just can’t perform certain tasks that are needed to mass produce products. They just may be able to but the quality of the work wouldn’t compare to that of a machine’s work. â€Å"Today political power asserts itself through its power over machine process and over the technical organization†¦. † (3). We can all agree that this statement still holds true today.The executive decisions, which are made in today’s society, are all made by those who own major companies or corporations. They have the most power because they have the most money. Their factories a re mainly machines that create their product. Though they still require some manpower to run their system, they mainly rely on their machines, These select few people utilize the full potential use of technical, scientific and mechanical productivity (3). Marcuse makes a good point in saying â€Å"†¦ economic freedom would mean freedom from the economy†¦Ã¢â‚¬â„¢ (4).Those who have utilized the full potential of machines have already found their freedom from the economy. Everyone else is struggling to earn freedom from the economy, making just enough money to support their families. We know these people as the middle class or the working class. Their jobs give them a decent amount of money to live comfortable lives. In this passage, Marcuse talks about how liberty can become something that is used for controlling the masses. The ability to be able to elect ones leader doesn’t necessarily mean that the government isn’t in control.The government is always going to have some type of influence on everything that is put on the media. For example, if the government isn’t influencing the media, why is there censorship? The truth is that the government controls most aspects of our life. Marcuse argues that the right of freedom of speech is good yet it also creates the right for censorship. Marcuse believes that the purpose of technology is to help us live easier lives. Assisting us with jobs that humans just don’t have the strength for should be the true intention of a machine. A machine is supposed to take the job of several humans.It is there to perform tasks that a normal human does not have the strength or ability to do. Instead, the capitalist government is using machines to increase their power and wealth. Instead of using technology advances as something to help the people, they instead use it to oppress the people with weapons and propaganda. Being able to determine one’s leader may sound like an ideal but Marcuse m ay disagree. He states that this system is not perfect. The idea of having a free trade system allows the government to publish people with trade sanctions.Going between countries would require one to meet all of these rules in order to proceed with the transaction. Sanctions for one country may be completely different from a neighboring country. These sanctions would not have existed before but must still be enforced. Even though this was written back in the mid 1960s, we can see that some of what Marcuse says is true in today’s society. Though the change process was gradual, there were still significant changes that we can see. The advancement in technology is one key factor in the gradual changes that we see.Everything has technology integrated into it in one way or another. Because of this people began to lose sight of what was truly needed in life to survive and live. Instead, people have been blinded by things that they want and work until they have actually gotten what they wanted. They have fed their hunger for materialistic things for the time being but will soon realize that this hunger will eventually fade away. The government also influences the society through media. Censorship is a method in which the government influences the media.