European Economic and Political Issues - Essay Example

Solution to EXAM Questions 1) In the case of Jimmy Versus Ahmed it is held that Ahmed has the risk of loss (Huebner, 2008). The risk of loss of property goes with the transfer of property. This is irrespective of who bears the “title” to the goods. As it unveils the title to goods is still with Ahmed as there remain some things to be done before the title is transferred to Jimmy (taking of marine insurance) In the case of Jimmy Versus Collecting bank, the collecting bank is to incur the loss as its function is to make payments as directed by the customer (Jimmy). The instruction was to pay Ahmed on Jimmy’s account upon presentation of the certificate of marine insurance being part of the documents. 2) Both Britain and France are members of the EU. The EU law on free trade allows free movement of trading goods between the member states. Any member state of the EU is not supposed to place a restriction on any member state either directly or indirectly in such a manner that it will undermine the free trade between the member states. However, there is an exception to this law in cases where the national government of a member state is desirous to protecting its citizen from any probable outbreak of or any other cause that would undermine the welfare of its citizen. The declaration by the Britain is legal as there is an “outbreak of disease worldwide and the beef products is suspected to be the chief agent for its spread” 3) Spain is a member of the EU and as such it cannot pass a law that would undermine the trade negotiations between the member states. The country cannot pass a law that would impose stringent measures that would cause hindrance to the member states exporting computer keyboards to Spain for the mere reckon of heritage and charm. This will form some kind of export restrictions that is not acceptable to the EU member states. Spain is obligated (treaty obligation) to inform, consult and also make the necessary negotiations with the member states before passing a law that could affect the trading between the member states. Spain must follow the formal-mechanisms required by the law and there should be enough evidence that its country heritage and charm is greatly affected (Columbus, 2002). 4) Some of the commodities that are traded are industry-manufactured goods. These industries emit fumes that are dangerous to animal and plant life. They cause great pollution to the environment. WTO as the steward should ensure that its members minimize this pollution at all cost. Most developing countries trade in raw materials which are commonly agricultural produce. This sector of the economy is greatly hurt when there is environmental pollution because the weather pattern becomes unpredictable leading to low yield rate from the farms. This conflict can be resolved through social responsibility. Every country should be charged for the level of pollution to the environment (Gao, 1998). In this way, these countries will cut down and also control their pollution levels. These charges can then be used to compensate the developing countries that are affected by the environmental pollution. 5) Indirect non tariff barriers to trade involve formulation of very stringent formalities for import customs usually aimed at indirectly restricting the importation of goods in a country. One of the measures of executing an indirect non tariff barrier is through the levy of internal taxes on the imported goods. Imposing an internal tax on an imported good raise the cost of imported goods compared to locally made goods hence making imported goods unaffordable to the local citizens and thus opts to consume the local goods. This can be employed legitimately if the intention is to protect the domestic production but if otherwise applied and in excess applied, directly or indirectly, of the domestic products then its application is illegal (Grieco, 1990). 6) International law on tariffs on imports is desirous of making a contribution to the objectives of a reciprocal and mutually-advantageous trade arrangements geared to the reduction of tariffs on imports and eliminating discriminating treatment in global trade (Gene et.al 1995). However, “General Agreement on Tariffs and Trade” provides exception to this general rule and recognizes the fact that countries like Italy would wish to offer protection to its consumer-electronics companies from the foreign competition. The country is supposed to maintain the protection at reasonable levels and to achieve this through the tariffs. This will apply if Italy showed that it is facing difficulties in its balance of payments in which case it will raise the tariff charged on imports of electronics in a bid to protect the remaining Italian companies. 7) Each and every person in the business is unique in his own kind. Therefore, there has to exist some difference between the individuals which if not well handled might result to problems in the business. Different strategies and tactics when they arise so as to counteract any argument at no business cost. This will led to lack of trust between the individuals and the good intentions concerning the business may be destroyed by such conflicts. It is common to get angry with someone but the anger should be expressed in a positive manner in such a way that it does not ruin the business relationship. An individual worker needs to be appreciated for any effort they make in the business as different persons have different capabilities. The diversity of the employees in their line of duties should be a reason for all the individuals to unite for a common business purpose and not a reason for discord and contentions. It is common in business to see a senior staff undermining a junior worker possibly because of age, he insults the young person for he considers him less experienced in the workplace, this staff cannot trust that the junior staff can be entrusted with some piece of work; he will thus remain loaded with lots of work on his desk. This is a problem and loss to the business (Jones et.al, 2005). 8) Saeed’s action of paying a government-employee $200 violates the US “Foreign Corrupt Practices Act”. The US FCPA (Foreign Corrupt Practices Act) criminalizes bribes-payment either directly or indirectly to any foreign officials with an ill intention of getting preferential treatment. The act also imposes a stricter record-keeping and internal-control requirement on companies. It applies to all foreign-companies that trade in Equity or in debt and for their conduct within the US. The payment of $200 to an agent who is employed by the government amounts to an indirect payment of bribe. Saeed does this with an intention of getting preferential treatment from the national office. However, Saeed can take on the view that the license had taken longer time than it was necessary and that he did not give the $200 to get a preferential treatment and was rather entering into a contract with the agent to make a follow up on his behalf as he tried many times but to no avail. Saeed is obviously new with the procedures followed in the Argentina national office and he was unaware of how long the issuance of business license would take. 9) Improving ethics within the business organizations Creation of a clear plan which is focused on addressing certain situational-needs of the organization should always be the first step. Each plan made should be distinct and fitting to the typical activities of the organization. The services of an expert should be sought to ensure a smooth, quick and effective planning process. The outlined steps of improving ethical environment of the organization should be followed through with real action. The key processes as were identified by plan should have developed clear policies including the procedures. A training on this should be conducted to ensure that all relevant staffs and employees have an understanding of how the processes ought to be conducted. All the ethical needs of the organization should be addressed and the clear policies and and the procedures communicated should be followed by all the members of the organization. Ethics should form part and parcel of the culture of the organization and not a mere plan development and its execution. Particularly, the leadership of the organization should be exemplary to the required degree of good ethical-behavior and set the code of conducts required of the organizational personnel. 10) Held: the European ban on the import of products from seal is illegal and the hunt of seals by Canada and Norway does not amount to cruelty against seal population. The hunt of seals especially in spring is a sure way of checking on seal population. According to Article XX the ban on the importation of seal products would only be illegal if such importation will negatively affect the population of seal. The population of seal in Canada is quite considerable ant the country can make good use of the “the common resource” through a culling method that does not lead to the deterioration of the seal population. The way the country conducts its hunt of the seal is reasonably humane to be termed as cruel. The EU claim that the ban is intended to protect public morals does not hold water as Nunavummiuts use the seals for traditional recipes. REFERENCES Columbus, F. (2002)“European economic and political issues”. Tokyo: Nova Publishers. Gao, Z. (1998) “Environmental regulation of oil and gas” Pretoria: Kluwer Law International. Gene, M. et.al (1995) “Handbook of International economics” New Delhi: Elsevier. Grieco, J. M. (1990) “Cooperation among nations: Europe, America, and non-tariff barriers to trade” Cornel: Cornel University Press. Huebner, S. S. (2008) “Marine Insurance” New York: BiblioLife. Jones, C. et.al (2005) “For business ethics” New York: Routledge. Read More

 

Read More