Legal Analysis of Indirect Expropriation Claim Under...

WRITING SAMPLE Kiho Kim 101 Cherry Ave. Bethpage, NY 11714 (070) 8624-1462 The attached writing sample is an excerpt from a research paper submitted for the international business transaction course of Hofstra School of Law. This research paper addresses potential controversies arising from the investment provisions of KOR-US FTA, particularly focusing on indirect expropriation claims under KOR-US FTA. The beginning chapter provides a brief history of expropriation provisions in bilateral investment treaty. The second chapter discusses indirect expropriation provisions of the NAFTA Chapter 11 and the relevant case law. The final chapter analyzes detailed criteria to review indirect expropriation claims in the context of†¦show more content†¦In the next chapter, the Article will evaluate the influence of the NAFTA Chapter 11 on the expropriation provisions of KOR-US FTA, and attempt to discover discrepancies between the NAFTA Chapter 11 jurisprudence and the U.S. Taking Clause jurisprudence. Particularly, this chapter’s analysis will offer a helpful insight on understanding of the textual improvement made in KOR-US FTA because the investment provisions of KOR-US FTA are basically modeled on the NAFTA Chapter 11. Finally, the Article will explore the concrete standard for determining an indirect expropriation articulated in KOR-US FTA, and analyze each considerable factor under customary international law. II HISTORY OF INVESTMENT TREATIES AND EXPROPRIATION Industrialized countries have long made efforts to achieve a global consensus about the principle that foreign investments cannot be nationalized without appropriate compensation. Particularly, the United State has strongly endorsed the â€Å"Hull Formula,† which requires a state to provide â€Å"prompt, adequate, and effective† compensation for the expropriation of foreign investments. 1However, continuous attempts to incorporate the Hull Formula into multilateral 1 See Andreas F. Lowenfeld, International Economic Law, 397-402 (2002). 3 treaty were frustrated because theShow MoreRelatedLegal Analysis of Indirect Expropriation Claim Under Korea-Us Fta3577 Words   |  15 Pagesof KOR-US FTA, particularly focusing on indirect expropriation claims under KOR-US FTA. The beginning chapter provides a brief history of expropriation provisions in bilateral investment treaty. The second chapter discusses indirect expropriation provisions of the NAFTA Chapter 11 and the relevant case law. The final chapter analyzes detailed criteria to review indirect expropriation claims in the context of KOR-US FTA. 0 LEGAL ANAYSIS OF INDIRECT EXPROPRIATION CLAIMS UNDER KOR-US FTA Kiho Kim

Marketing Plan for Markstrat - 1631 Words

* ------------------------------------------------- * ------------------------------------------------- Executive Summary * ------------------------------------------------- As the marketing team for AY, we have developed an effective marketing strategy that has led to our current lead in stock market price and overall revenues. Our current phased strategy of capturing three market segments with three distinct products will extend our market dominance and provide long term stability through diversification. * ------------------------------------------------- In the initial phase, each of our Sonites are targeted to specific, growing groups in the market: SYGU to Singles and SYCA to High Earners. By focusing our advertising†¦show more content†¦The Ramp;D strategy for SYCA will occur in two year cycles to aggressively protect our market share and profitability while gradually decreasing suggested retail pricing from $535 to $510 over the next 5 periods. * ------------------------------------------------- SYGU’s initial product characteristics aligned with the estimated ideal characteristics of the Singles according to Period 1’s Semantic Scales Research. By focusing advertising towards Singles, cutting price, and emphasizing their desired traits, SYGU was able to increase its market share against stiff competition. Beginning in Period 3, a re-design of SYGU will be introduced. This re-design focuses on two characteristics: increased power to match Singles’ desired features and a reduced production cost which will allow us to increase our margins. Ramp;D projects to improve SYGU will be conducted every two periods, meeting the changing demands of Singles and improving margins by retaining a static suggested retail price of $315 while decreasing production costs. * ------------------------------------------------- VYTL targets the emerging Vodite market with an evolutionary approach to segment targeting. The evolutionary approach targets targets Ramp;D and marketing to Innovators in Period 3, Early Adopters in Period 5, and Followers in Period 7. VYTL’s strategyShow MoreRelatedEssay on Markstrat Marketing Plan1179 Words   |  5 Pagesstores, department stores and mass merchandisers. In Year 5, Company U broke into the Vodite market with product VUGO. The Vodite market is segmented into three major segments: Innovators, Early Adopters, and Followers. 2.1 Market Summary The Markstrat world has a population of 250 million people. Through Year 4, the Sonite market consisted of 1.67 million people with an expected growth rate of 53% over the next five years. In order to meet the needs of consumers in the larger growing segmentsRead MoreProfessor of Business Administration and Professor of Marketing20751 Words   |  84 PagesPARTICIPANT HANDBOOK Jean-Claude Larrà ©chà © The Alfred H. Heineken Chaired Professor of Marketing INSEAD Hubert Gatignon The Claude Janssen Chaired Professor of Business Administration and Professor of Marketing INSEAD Rà ©mi Triolet Partner, Director of RD STRATX Copyright  © StratX 2010-04-19 1 Publisher: StratX Production: Coptech, Inc., Woburn, Massachusetts Marketing Team Americas: Marketing Team EMEAA: Development Team Support Team Paul Ritmo Andrà ©a Hernandez Stà ©phanieRead MoreMarkstrat19634 Words   |  79 PagesAlfred H. Heineken Chaired Professor of Marketing INSEAD Jean-Claude Larrà ©chà © The Claude Janssen Chaired Professor of Business Administration and Professor of Marketing INSEAD Hubert Gatignon Partner, Director of RD STRATX International Rà ©mi Triolet To search this document click CTRL+F i Publisher: STRATX International Production: Minute Man Press, Cambridge, Massachusetts Cover Design: Synergy Network, Waltham, Massachusetts Marketing Manager: Lucy Jacobus DevelopmentRead MoreMarket Attractiveness and Market Potential1820 Words   |  8 Pagessales Si as Si =I*MSi and I = f(P) Where P is the potential market, I is industry sales, MSI is the market share of firm i. The function f is a function of macro economic variables, and industry marketing mix variables. Clearly I or = P. MSI should be a function of marketing mix variables of all the firms. This is a top down approach and often we don’t know how to model f or MSI especially in early stages of the evolution of the market. But once we gain some experience in the industryRead MoreStrategic Marketing Markstrat5131 Words   |  21 PagesSTRATEGIC MARKETING Wednesday 29th, 1997 FIRM O Team Members Silak CHAMNIANWECH Djunyanto THRIYANA Gary WALSH Oming WIRASAKTI EXECUTIVE SUMMARY: Firm O has developed a portfolio of three products in the Sonite market over the course of the Markstrat competition. During the course of the competition, Firm O has lost significant market share and worked hard to rebuild a product portfolio that returns a substantial net contribution and places it in a position

Human Resource Management Ethical Standards

Question: Discuss about the Human Resource Management Exhibit High Ethical Standards. Answer: Human Resource Management and Ethics The area of human resource management is an evolving area. There was a time when HR managers were not directly involved in business decision making. However, with time, there has been a change in the basic role of HR function. Therefore, it is important that HR managers must exhibit high ethical standards. In fact, HR managers have a key role to take entire organization towards the future goal. Any organization can have an ethical culture in place only when HR managers and leaders are ethical. This essay would focus on the broad area of human resource management and ethics (Wang Noe, 2014). The specific area that would address in this essay is the integration or linking between HRM and ethics of senior management of multinational organizations. Everyone takes notice when a corporation gets caught acting unethically to increase profits. But the inverse is also true. No one notices when companies act justly and perpetuate a culture of carrying over greed. The truth is that if moral em ployees and leaders stand by and allow immoral people to bypass ethical justice then evil will prevail (Schwepker Schultz, 2015). Every leader has an opportunity to push for a better way and try to make a difference. The desire is for all parties in a business to have more involvement and representation as a whole along with being socially responsible in order to benefit everyone. The ethical implications for conscious capitalism include increased transparency and accountability (Luk, 2012). This is especially important for companies to maintain compliance with ethical standards and guidelines. Ethics or the moral principles serve as a compass for individuals, companies, institutions, and organizations. It is important that the Human Resource managers and leaders must develop the art of ethical functioning. In fact, listening is such an important skill that both servant leaders and people need to be good at. It would be very difficult to serve those people without being able to listen and learn what their needs are. Being a good servant also understands those that are being served (Shamim Ghazali, 2014). It would be correct to say that a true ethical culture could be established only when leaders understand their responsibility and they are willing to serve others. It would be correct to say that servant leadership is the key to establish the ethical culture in the organization. Servant leadership is described as an attitude with values and beliefs that influence the lives of other individuals, as well as, foster and create strong organizational environments that in the en d by sharing knowledge and strengths it produces a domino effect of a caring world (Porter Kramer, 2011). There are twelve principles of servant leadership, which are the following listening, empathy, healing, awareness, persuasion, conceptualization, foresight, stewardship, growth, building community, calling and nurturing the spirit. The first five main beliefs (listening, empathy, healing, awareness, persuasion) of servant leadership cross religious and cultural lines because regardless of an individuals religion or cultural background, these are all social skills to possess as a leader. Servant leaders pay more attention on service to their subordinates/followers, along with ethical behaviour. To build an ethical culture within a corporation that is workable for everyone is difficult (Smith, 2011). Ethics is a set of moral principles and values that govern our interactions individually or as a group defining what is considered right or wrong. The difficulty when considering ethics is that everyones standard for appropriate versus inappropriate behaviour is different and finding a consensus is impossible. Ethics can also be described as the third force; not illegal behaviour or behaviour that goes against policy but behaviour that is naturally directed toward the good and can be considered for work and non-related work issues (Daft, 2013). The area of ethics in human resource management is a tricky area. This is a very complex area for HR as it lowers the burden of proof for example if someone applies for a job with forged documents, what HR supposed to do they are not experts in forgeries and reasonable cause to believe (Antonakis House, 2014). So if HR are suspicious and on what ground, they need to contact immigration or not employ the person. This can lead to more problematic issues again for HR; suspicion on facial appearance, language level or anything else that may trigger a case of discrimination. In order to have an ethical culture in the organization, it is important that managers should behave and act as leaders. In an organizational setting, leaders are managers, but not all managers are leaders. This is important to recognize in order to be effective in any organization. Plucknette (2014) describes the four differences between leaders and managers as being planning, organizing, leading and controlling. It is important to notice the component of leadership within these differences. They set managers aside from leaders in that this skill may not always be able to be learned. Some individual are natural born leaders and can be great with additional training. However, there may be instances where people are great managers and succeed more with the logistics of the job, rather than the people leadership aspect. The four key features of management that should be followed by Human Resource Managers can be discussed as: Organizing: will follow the plan of care. For example if the leader has the innovative idea to use an air mattress for the patients who are incontinent of bowel and bladder functions, then she has to have a system to identify the patient population to identify the population at risk to develop pressure ulcers, she has to delegate the task to the admitting nurse to identify the risk patients and communicate the need for special mattress (Bock Zmud, 2005). And she has to authorize the central supply department to issue a bed to those patients. The leaders are responsible to plan education to the nursing staff. Leading: It is the use of influence to motivate employees. In this step the nurse leader can influence the staff through her compassion for nursing, caring attitude, and knowledge. The leaders will reward the team members for participating in implementation of new air mattress. Leaders can monitor the plan by making random rounds and sharing the rounding results with team members (Fong Hills, 2007). The leaders play a significant role by communicating the company vision and the role of innovation to achieve organization goals. For example leaders will share the vision to improve patient outcome by preventing pressure ulcers with the use of air mattress. Controlling: Means monitoring employees activities, progress toward organizational goals. The leaders will assess the data; compare the data with the previous data. The benefits will be communicated and success will be celebrated. The new innovation will be embedded as permanent. It would be correct to say that human resource managers, manage metrics, numbers, and graphs. However, it takes a leader to align that information into action where everyone understands the purpose of the data. The question that must be answered is how will this affect me and how can I be effective. Leadership listens and guides the team towards that end goal, be personal and organizational (Paille Chen, 2014). It is believed that if companies want to move towards being ethical they must be transparent. This allows that stakeholders will be able to truly see the company from every angle. There are no hidden agendas. This is what people need in todays society, which are plagued with corporations that are driven by profits. As a conclusion, it can be said that ethics plays an important role in conscious capitalism. It helps leaders to lead by example to influence their followers. When an organization uphold ethics in their leadership it helps build an effective support and gain respect amongst their followers (Christensen Mackey, 2014). A leader that is not trusted and dishonest will not be able to influence their followers because of the poor behaviour of power. This type of power is damaging to any organization whereas employees are disgruntled which bring about a disrupted workplace. In the current working environment in Australia and global, people prefer to work for an organization that practices conscious capitalism and has leaders with ethical principles. Companies that have values and are socially responsible are inspirational. They make going to work meaningful and motivate me to work harder. References Antonakis, J. House R.J. (2014) instrumental leadership: measurement and extension of transformational transactional leadership theory, The Leadership Quarterly, volume 25, Issue 4, Pages 746-771 Bock, G. W., Zmud, R. W., Kim, Y. G. and Lee, J. N. (2005) 'Behavioral Intention Formation in Knowledge Sharing: Examining the Roles of Extrinsic Motivators, Social-psychological Forces, and Organizational Climate',MIS Quarterly,Vol. 29, No. 1, pp. 87-111 Daft, R. L. (2013). Management (11th ed.). Mason, OH: South-Western Cengage Learning Fong, P.S., Hills, M.J. Hayles, C.S., (2007) Dynamic Knowledge Creation through Value Management Teams, Journal of Management in Engineering, 23(1), pp40-49 Jones Christensen, L., Mackey, A., Whetten, D. (2014). Taking responsibility for corporate social responsibility: The role of leaders in creating, implementing, sustaining or avoiding socially responsible firm behaviors. Academy Of Management Perspectives, 28(2), 164-178. Luk, S. Y. (2012). Questions of Ethics in Public Sector Management: The Case Study of Hong Kong. Public Personnel Management,41(2), 361-378. Paille, P., Chen, Y., Boiral, O., Jin, J. (2014). The impact of human resource management on environmental performance: An employee-level study. Journal of Business Ethics, 121(3), 451-466. Porter, M. E. and Kramer, M. R. (2011) 'Creating Shared Value',Harvard Business Review,pp. 1-13 Schwepker, C. H., Schultz, R. J. (2015). Influence of the ethical servant leader and ethical climate on customer value enhancing sales performance. Journal Of Personal Selling Sales Management, 35(2), 93-107. Shamim, A, Ghazali, Z 2014, 'A Conceptual Model for Developing Customer Value Co-Creation Behaviour in Retailing',Global Business Management Research, 6, 3, pp. 185-196 Smith, E.A., (2011) 'The role of tacit and explicit knowledge in the workplace',Journal of Knowledge Management,5 (4), pp.311-321 Wang,S., Noe R.A. Wang ,Z. (2014) Motivating Knowledge Sharing in Knowledge Management Systems: A QuasiField Experiment Journal of ManagementVol. 40 No. 4, 978-1009