Cooper Industries -Case Study Essay Example for Free

Cooper Industries -Case Study EssayCooper Industries was organized in 1919 as a manufacturing business of heavy machinery and equipment. By the mid-1950s it was a leading producer of engines and massive compressors gived to force naturalgas by pipe disembowels and embrocate out of wells. Management was concerned, however, over its heavy dependence on sales to the oil and gas industries and the dotty fluctuation of earnings caused bythe rotary nature of heavy machinery and equipment sales. Although the troupes long-term salesand earnings growth had been above average, its cyclical nature had dampened W totally Streets firein the stock substantially. (Coopers historical operating results and financial condition aresummarized in Exhibits 1 and 2.) sign efforts to lessen the earnings volatility were not successful. Between 1959 and 1966, Cooperacquired (1) a supplier of portable industrial top executive tools, (2) a manufacturer of small industrial airand process compressors, (3) a maker of small pumps and compressors for oil knowledge base applications, and(1) a producer of tire-changing tools for the automotive foodstuff. The eruditions broadened Coopersmarkets yet left it still highly sensitive to general scotch conditions. In 1966 Cooper began a full review of its acquisition strategy. After several months of study, threecriteria were established for all acquisitions. First, the industry should be one in which Cooper couldbecome a major factor. This requirement was in line with managements goal of leadership within afew distinct areas of business. Second, the industry should be fairly stable, with a broad market forthe products and a product line of small ticket items.This product definition was intended toeliminate any ships company that had undue profit dependence on a single customer or several freehanded salesper year. Finally, it was decided to acquire only leading companies in their respective marketsegments. This new strategy was initi ally enforced with the acquisition in 1967 of the Lufkin RuleCompany, the worlds largest manufacturer of measuring rules and tapes. Cooper acquired a qualityproduct line, an established distribution system of 35,000 sell hardware stores throughout theUnited Slates, and plants in the United States, Canada, and Mexico. It also gained the servicesofWilliam government minister, president of Lufkin, and Hal Stevens, vice president of sales. some(prenominal) were extremely knowledgeable in the hand tool business and had worked together effectively for years. Their goalwas to build through acquisition a hand tool company with a full product line that would use acommon sales and distribution system and joint advertising.To do this they needed Coopersfinancial strength. Lufkin provided a solid base to which cardinal other companies were added. In 1969 the CrescentNiagara Corporation was acquired. The company had been highly profitable in the early 1960s butsuffered in recent years under the mismanagement of some investor-entrepreneurs who gainedcontrol in 1963. A series of acquisitions of weak companies with worthless product lines eroded Crescentsoverall profitability until, in 1967, a small loss was reported. Discouraged, the investors wanted to getout, and Cooper eager to add Crescents well-known and high-quality wrenches, pliers, andscrewdrivers to its linewas interested. It was clear that some of Crescents lines would have to bedropped and inefficient plants would have to be closed, but the wrenches, pliers, and screwdriverswould play an important part of Coopers product policy.In 1970, Cooper further expanded into hand tools with the acquisition of the Weller ElectricCorporation. Weller was the worlds leading supplier of soldering tools to the industrial, electronic,and consumer markets. It provided Cooper with a new, high-quality product line and productioncapacity in England, West Germany, and Mexico. (Information on the three acquisitions is providedin E xhibit 3.) Cooper was less successful in its approach to a fourth company in the hand tool business, theNicholson File Company. Nicholson was on the original shopping list of acceptable acquisitioncandidates that Mr. Cizik and Mr. Rector had developed, but several attempts to interest Nicholson inexploring merger possibilities had failed. The Nicholson family had controlled and managed thecompany since its founding in 1864, and Paul Nicholson, chairman of the board, had no interest injoining forces with anyone.

Despite Criticisms Essay Example for Free

disrespect Criticisms Essay1. Despite criticisms, the classical approach to business management is still relevant today. Discuss one example to hold back this statement. (25%)Classical approach on management can be in terms of three major perspective scientific management, Bureaucracy and administrative principles, which be emphasis on purpose and formal structure, for instance, planing of work, skilful foul requirements of organisation, principles of management, etc. Although this idea was emerged at 19th century, it does influence the management style today and some of its ideas are still relevant. UPS, a well-known shipping, freight and logistics company globally, which is a very good example of victimization classical approach to their management in nowadays business, especially in the bureaucracy aspect. UPS is not besides follow the idea of Max Weber (1864 1920), the advocate of the idea of bureaucracy and also a sociologist, that the interval of management and ow nership like many companies today, but also focus on the impersonal and coherent management. UPS set out a huge amount of rules, procedures and regulations on every departments, for example, They teach their drivers 340 steps for how to turn in a package correctly, such as how to load the truck, fasten their seat belt, walk, carry their keys, etc. exact dress code is a must clean uniform, black or brown polished post with nonslip soles, no beard, no hair below the collar, no tattoo visible during deliveries, and so on. They also has well division of labour specialized drivers, loaders, clerks, washers, sorters and maintenance personnel. All of them have to do formal character keeping, like, drivers have daily worksheets that specify performance goals and work output. When UPS want to hiring or promote employees, technical force is the main criterion.UPS use those impersonal management style to avoid irrationality in order to be more efficient and adaptable to change, because c ontinuity is related to formal structure and positions rather then particular person who may leave or even die. Also, those rules and procedures provide a standard way of transaction with employees. Hence, everyone gets equal treatment, and everyone knows what the rules are, this has enabled them to become efficient as well.Although, classical approach contribute a lot in todays management, it ignore the humanistic factory and psychological need. It may cause other problems, for instance, over relying on technical qualification ignore the human aspect, since working ability cannot only be measured by technical qualification. Moreover, If organisations lose the balance, employees may be frustrated by endless rules and red tape which may in the end lower the effectiveness. And it makes work become boring and repetitive, employees become a cog of a big machines, that would pack to high levels of absenteeism and labour turnover. That the reason why classical approach is not the mains tream of todays management, although its still relevant.

The Importance of the Religious Right in Us Politics Essay Example for Free

The Importance of the Religious Right in Us Politics EssayThis does not have got only to republicans, however. JFKs inaugural speech in 1961 consisted of many phantasmal elements, as did Barack Obamas speech in 2009, in which he spoke of the experienceledge that God calls on us to shape an uncertain draw. Many presidents have ridden to power on the back of religion. Presidents that appeal to the three Fs, faith flag and fail, or e three Gs God, gays and guns, are favourites among the American people.President Bush directly appealed to theses interests and 79% of evangelicals voted to re-elect Bush. Candidates such as Hilary Clinton, who ran for the Democratic candidacy, didnt achieve success as it could be argued she did not play heavily sufficiency on the concept of religion. John McCain did not appeal directly to the three Gs or Fs so it could be argued that this was the reason he failed to beat Obama in 2008.One of the most important influences of the religious reform is its infiltration in the republican party through the up and coming far-right movement know as The Tea Party. The TPM started life as a fiscally conservative group that believed federal presidential term was too openhanded and was spending too much. As the movement gathered support, it started to take on societal issues, many of which were influenced by the religious right, as they took heavily conservative positions.Many Tea Party candidates influenced the 2010 mid-term elections as they have voted in and took away the democratic majority in the congress. The tea party has removed the right wing of the Democrat party as they have pulled the Republican Party promote right as they defeated many Moderate Republican candidates. The religious right have to a fault had a big influence in the media, through the Christian Broadcasting Network (CBN) which supports and publicises candidates that support their views.Therefore, I would argue that the religious right is highly influential i n politics as they have recently made the republicans further right and the democrats further left. This has split American politics and made the parties different in their ideologies. For instance, they have also created conditions where the religion of a candidate is important in terms of the elections. The religious right has therefore scurvy the founding fathers wish to keep politics and religion separate.

Investigate their human resources, administration, finance and sales Essay Example for Free

Investigate their clement resources, administration, finance and sales screenMarks and Spencers carry many diametric store discussion sections but to a fault have many different subdivisions of their business, its functional beas. I am going to look at and investigate their human resources, administration, finance and sales and marketing incisions to then see how each contributes to the running of Marks and Spencers. valet de chambre ResourcesThe human resources part aims to hightail it out 5 major things, these being1. Recruiting, holding and dismissing employees. This is a major task for MS as they need the right token of employees for the business to operate its best, also the employees sh altogether decide the businesses success present and future. Recruiting raw employees could be hiring new people from outside the business or promoting utilisationers already working in the business. many businesses such as MS like recruiting from outside the business to brin g new ideas and enthusiasm.MS would admitment to keep all their existing employees as they would risk losing experienced and trained ply, plus recruiting new workers and upbringing them brush aside prove to be expensive.Sometimes MS would have to dismiss or sack employees, this whitethorn be due if an employee cannot carry out their note efficiently or effectively. Also many employees ar dismissed or made redundant, as their jobs no longer exist, say the fall in a detail product could lead to the dismissal of many faculty.Read moreHuman Resource way Essay2. Monitoring and providing good working conditions. work conditions includes the cleanliness of a place, the provision of rest atomic number 18as, hours of work and holidays. Working conditions have a great impact on how well a business operates and how well employees can carry out their work. They atomic number 18 normally a subject for negotiation between trade unions and human resources. MS have an bea for staff to relax and spend their breaks in. The whole store would be regularly cleaned every day for both the workers and customers.3. Training, ontogeny and promoting employees. Human resources need their staff to be able to command that employees are able to do their jobs, they whitethorn give training at MS or make course at local colleges, projectning jobs so that employees enjoy new experiences and develop new skills also promoting employees to more senior positions to give the business the skills and experience it needs.4. Negotiating with trade unions. The human resources department of MS would have to discuss and agree pay and working conditions with trade unions or some other(a) representatives of the workforce. This process is called collective bargaining.5. health and prophylactic is an big responsibility for human resources, as it requires MS to provide all employees with a full risk free working environment.That is what the human resources function of MS had to en a uthentic is carried out. Here are few natural job titles within an organisation such as MS.Job title definitionHuman resources music directorDeciding the overall staffing policies of Boots. Also he/she advise senior management. Setting the human resources budget. In charge of all human resource functions in Boots.Human resources managerHe/she manages the human resources department and staff involved with industrial relations and trade union negotiations, also ensuring his/he staff is chase the policies of Boots.Recruitment officerResponsible for the taking on of staff and section of staff, depending on their standard of work they offer to Boots and the customers of Boots.Training/staff development officerHe/she are trusty for training and developing of their staff to bring or take them to a higher level.Personnel/staffing officerKeeping staff records, monitoring staff welfare.Health and safety officerHe/she makes sure all aspects of health and safety are in coiffe for staff m atters. Also they monitor accident and rule oution.Security officer superior general security, responsible for all security staff.Human resources administrative assistantsAdministrative work relating to the human resource function. payNow I am going to look at the finance function of MS. The finance department of a business manages the bullion for the business. The department controls the monetary transactions of a business and benefactor managers to plan for the future. The various activities of the finance department are1. Recording all the financial matters of MS as they are constantly spending money or receiving it from sales. It is vital that they keep all records of all the activities in order to, calculate whether the business is being realiseable, asses how much tax the business will have to pay and to help managers to make the right decisions.2. All businesses have to prepare their accounts in order to summarise their financial personal business during a year, plcs ar e required to publish their results legally as they are a public federation such as MS. They have to do the following the balance sheet which states both what a businesses aims and its debts, profit and loss account- which records the profit or loss made during a lengthy period of time unremarkably a year, the inland revenue have to confirm that MS has paid the correct amount of tax, suppliers are able to see whether business can pay its debts and finally shareholders can decide whether its worth investment in the business or not.3. MS have to pay the wages of all their employees and it involves the finance department in a number of ways. The business has to deduct income tax and national insurance from each employees pay, it may be required to operate a pension scheme for its more elderly employees and to make sure the correct amount of wages or salaries has been given out to employees.4. All businesses need some resources and chief city to trade successfully. To purchase these resources businesses may need to raise large sums of money, known as capital, but not MS as they are already fully developed and expanding across the globe. But nevertheless a business has 2 main sources of capital a loan raised by borrowing money from a bank or another business and retained profits, if MS has been very profitable they may be able to invest in the business and obtain resources they may need.Some typical job social occasions in the finance function in MS would includeJobDescriptionFinancial directorGiving advice to senior managers on the overall financial policy of MS. Overseeing the budget of MS. In charge of all finance function in MS.Financial carriageManaging the finance function and staff. He/she also advises other members of staff with any financial queries.Chief AccountantHe/She ensures that final preparation of accounts MS are in good and correct order.Management accountantHe/She produces continuous financial information to MS. reference commandAdvising o n credit policies. Making sure money owing to MS kept in confidence.Credit control clerksHelps check accounts of new and existing customers accounts. He/She works below the Credit Controller but assist the credit controller. They also remind customers of overdue paymentsChief CashierHe/She is responsible for the receipt, safe keeping accounting and banking all money received from boots.Payroll AdministratorHe/She is in control of ensuring that all of MS employees payroll and salary/wages section.Wages ClerksHe/She helps and assists the payroll administrator, in the production of wages ands salary details.AdministrationThe administration department provides important clog run to other departments in the business. Not all admin departments in all businesses are the same. In small businesses the admin department may take responsibility for human resources or finance, but in a large organisation such as MS it is usually most likely to be specialised. The admin department makes conside rable use of computers and IT as it is required for a lot of their jobs.There are as always many activities for the administration department they can be broken down into 5 groups1. Clerical services are the main role of every admin department. The department may provide clerical services to all other departments within the business. These possibly word-processing, making telephone calls, booking accommodation for staff, sorting and delivering incoming mail and posting outgoing mail, organising meetings and keeping records of what takes place at these meetings, talking responsibly on behalf of the whole company and creating and keeping records of the company.2. All businesses require regular cleaning MS is no exception as it is especially true as MS have cafes, which require thorough cleanliness. Admin also organises the tending of the grammatical construction, they may decorate the inside and outside of the building if they wish.3. Health and safety is a big issue with all busin esses. It includes providing safety clothing, warnings for workers, ensuring that in that respect are no dangers around the workplace and providing regular medical checks for those working in risky environments.4. Security is an increasingly important issue for all businesses, security duties would include signing visitors in and out of premises, ensuring that unauthorised people are kept out by use of patrols or even guard dogs, protecting computer systems from hackers, patrolling to prevent shoplifting by employing guards in uniform.5. Information technology is being more widely used by the minute, nearly all businesses use some form of IT nowadays. The admin department may use IT to make spreadsheet for financial entropy, a database of customers and employees, payroll systems to calculate employees wages and salaries, e mail for communicating internal and external, web establish systems, web sites for selling goods etceteraTypical job roles of the administration function would beJobDescriptionAdministration managerManaging the administration operations of MS.Administration assistantAssists with administrative tasks in particular areas. escritoire of BootsA senior executive responsible for all the legal affairs of MS.It managerManaging all IT requirements of MS, including equipment maintenance and advising on future needs.Office manager/senior administratorResponsible for ensuring the administrating operations in particular office or department.Chief security officerHe/she is responsible for the security staff and advising on security requirements.SecurityResponsible for maintaining and monitoring security to the required standard.Reprographics supervisor (photo coping and printing)Ensuring all reprographics are done and to a high standard, as it reflects on Boots reputation from the quality of leaflets and formal letters etc.Pa / Secretarial staffThese staff are mainly there to providing secretarial and administrative support to senior members of staff a ndWord processing operator/Data input clerk (worker)He/she type out letters and any other documents and also input data into a computer system. nutriment of StaffHe/she is responsible for routine maintenance work, which may include painting or decorating.cleanup position StaffCleaning of general office areas, facilities and equipment selling and SalesMarketing and sales involve businesses in many ways. Marketing is the process that helps all businesses to discover and meet the needs of customers. Doing market research, carrying it out in the local and wider community enables the business to discover1 Customer reactions to existing products2 What new goods and services customers want3 Whether or not new products will prove to be popular4 The prices customers are prepared to pay for goods5 How satisfied customers already are with the serviceMarks and Spencers because do the following discover customer needs by means of market research, advise customers of products through processio n then achieve their sales. There are 2 types of research that can be carried out, Primary- gathering data for the 1st time by asking for views and opinions through questionnaires, interviews, surveys etc and Secondary research which is research that has already been done by someone else such as newspapers web site etc.The best-known marketing exertion is promotion.1 Advertising on TV, radio, internet, billboards, newspapers etc2 Sales promotions, enceinte free samples like buy 1 get 1 free etc3 Public relations, attempting to influence the publics opinions of the business and its products through sponsorship, trade fairs the compact and mediaBusinesses try to achieve their sales through a number of ways1 Selling products through shops2 Personal selling such as when sales reps encourage customers to buy their products3 net income selling is an increasingly important sales method as it is spreading and growing biggerThe typical job roles you can expect areTypical job TitleJob Rol eMarketing DirectorResponsible for over all marketing function and its aims and objectives.Sales DirectorHe/She is responsible for the sales function.Sales ManagerHe/she is responsible for MS entire sales staff and motion of sales targets usually within the UK.Export ManagerThis individual is responsible for agents and sales overseas.Advertising ManagerIn charge of advertising and publishing successful advertising campaigns.Sales CoordinatorThis person is responsible for giving urgent information required by sales staffs that are travelling.Sales RepresentativesMS sales staff who visit customers in UK and abroad.Market ResearchersThis team is relied upon to find out what customers want and whether or not there is a need for this new product.Order ClerksThis staffs are responsible to accept and process sales orders. skirt Sales staffAccept and process telephone orders.

Prince of Wales Essay Example for Free

Prince of Wales EssayWith close reference to Shakespeares language discuss how the characters of the Prince of Wales and Hotspur are depicted in total heat IV Part 1. In Henry IV, Part 1 Shakespeare contrasts the two characters, Prince Henry and Hotspur. The characters are complete opposites but have a common goal. They both want to be respected. Hotspur signals his intentions from the start up but it is only as you get further on in the play that you realise that Hal has the like ambitions. This play chronicles the rise and fall of Hotspur and Hals rise from being the innocuous prince to a heroic heir in one play.In Act One, moving picture One, the mightiness says Yea, there gee makst me sin in envy, that my Northumberland should be a father to so blest a son. Since this is said in the very first aspect of the play we are immediately given the impression that the kings son is not as respectable or as honourable as Hotspur. We can also see how highly regarded Hotspur is as the king gives him such warm glowing compliments with a touch of jealousy in his voice. He is not contented with his own son as he goes on to say See riot and dishonour crisscross the brow of my young Harry.This indicates to the audience that Prince Hal might not be living the life that a prince would be expected to live. We get the feeling that Harry is seen as the black sheep of the family and not the successor to the throne that the king desired. Shakespeare give us this impression by not including Prince Hal in the very important meeting that took draw a bead on in Act one, scene one. The king even goes as far as suggesting that some night-tripping cigarette had exchanged in cradle c push-down stackhes our children where they lie. This statement backs up the idea that the king is jealous of Hotspur.Shakespeare allows the kings feelings towards Hotspur and Hal to be known to the audience before we even meet the two men later in the play. The kings feelings chronicle unc onsciously in the audiences mind and we may then prejudice our sights of Hal and Hotspur before meeting them. In Scene One, Hotspur is described as being basically the opposite of Prince Hal. We may see this when Westmoreland calls him gallant Hotspur. This statement is certainty that people show Hotspur the greatest respect and indicates to us that he is brave and noble.We should note how Shakespeare uses the language to make believe up Hotspurs character. This lets the audience form an impression of him before they meet him. In Act One, Scene 2, the audiences opinion of Prince Hal becomes increasingly worse as we find out that he keeps company with a man by the name of Sir John Falstaff. Falstaff is fat, lazy, a drunkard and a thief. Is this the type of man that a prince would normally be friends with? The prince, laughing and joking, takes up the first part of the scene. When Fallstaff asks Hal for the time, Hal saysI see no reason why thou shouldst be so superfluous to demand the time of day. We are given the impression that Hal spends a lot of his time messing and having a name calling contest with Falstaff by the relaxed manner by which they give separately other abuse. In the midst of the name-calling, we find out that some members of the Council are very angry with Hal because of his behaviour, as Fallstaff says an old Lord of the Council rated me the other day in the street about you Sir, but I pronounced him not. This could suggest that Fallstaff has respect for Hal or does not want to lose such an important benefactor.

The anti communist feelings Essay Example for Free

The anti communist aspectings experi workforcetI r every last(predicate)y Arthur Miller has been very successful in the consultation of Parris be courting although he doesnt actually cause any of the damage directly he still makes him a thoroughly unpleasant character and I cerebrate that the earshot would determine the same. I personally feel sorry for Parris because he isnt a atrocious man hes just a pathetic one.I think a scene which shows a kettle of fish of the worst doings is act trinity in the court. The obvious examples are from Abigail and the girls when they pretend to be beguile by Mary who plumps terrified at their act. Their reason for doing this is that Abigail is angry with Mary for betraying them and wants her to be accused of witchery so that she has no choice but to go back and join them.The audience I think would slang particularly drawn into the scene because it is very tense and a lot of things happen. When Elizabeth lies for throne and when John is arrested I think would surrender been parts that make the audience particularly angry with Abigail. Miller creates stress in this scene especially in the part where Mary is getting hysterical with the girls repeating all word Mary says and stamping their feet. This makes they play come alive and be more exciting for the audience. moreover in this act the climax of the tension is John Proctors hysterical speech A fire, a fire is animated I hear the boot of Lucifer, I see his filthy face And it is my face, and yours, Danforth For them that quail to bring men out of ignorance, as I have quailed, and as you quail now when you know in all your black hearts that this be fraud God damns our kind especially, and we will burn, we will burn unitedly and the stage direction of insane laughter makes regular(a) more exciting.The best of behaviour is shown from Act three onwards because the characters sense of right and wrongs catch up with them and they have to take responsibil ity for their actions. One of the best cases of this is in grand Hale, when he arrives he seems intent on finding witchcraft I mean to crush him suddenly if he has shown his face(When talking almost the devil. Act 1) but as the play progresses Miller changes the characters views completely.He goes from the accuser to helping the accused lie and Miller does this so subtly that the audience dont feel un prosperous about this change. In act two he is beginning to waver by going to see the Proctors even though hes not on official business. In act three he announces I label these proceedings, I quit this court and in act four we hear the defining quote of this character There is blood on my peak Can you not see the blood on my head? referring to the lives of innocent people he has taken and is now feeling the strain on his conscience. I think that the audience would probably feel that Hale is someone who just tries to do his best and would not feel the same animosity towards him as Parris.Another example of the best of human behaviour is in Rebecca Nurse. She is a small character but helps give the play depth because all of the characters lives are intertwined which makes the audience feel like the characters are more personal. Rebecca is one of the moreover consistent characters in The Crucible she never changes her head or lies to save herself even when faced with extremely gruelling circumstances. She never compromises her conscience by sign a false cedeion neither does she turn in her friends. When asked to sign a confession she replies Why, it is a lie, it is a lie how may I damn myself? I cannot, I cannot.(Act 4)I think the audience would have liked Rebecca because she is the sort of character who doesnt change so is someone you can get comfortable with. I myself found Rebecca to be the most responsible of all the characters in the play disdain having a small part. Eventually Rebecca is hanged which I think the audience would have been shocked and angry because she is a concentrated mind. Another person in this situation was Giles Corey who like Rebecca chose to be crushed to death rather than get other people in trouble.The most obvious example of the best behaviour is found in John Proctor in both the third and the fourth Acts. Where Miller makes him the hero by allow him confess to his sins and become a martyr. Miller creates the hero character for Proctor by letting have one final emotion filled speech about being true to your conscience and despite his admittance of an affair with Abigail the audience would like him and feel sympathy for him.The emotion of this final scene is only really shown when it is performed because of the stage directions Miller gives is what really creates tension. At first after seeing Elizabeth he decides to confess in order to stay with his family but when he is asked to sign the confession he finally snaps and his conscience takes over. His defining speech of the whole play is this final o ne Because it is my name Because I cannot have some other in my life Because I lie and sign myself to lies Because I am not worth the ashes on the feet of them that hang How may I live without my name? I have given my soul leave me my nameOne of the other reasons he decides to die rather than sacrifice his morality is when he sees his friends go off to be hanged and their looks of surprise at seeing him lying. Another thing he says which in any case contributes to the decision was this I have three children how may I teach them to walk like men in the world, and I sold my friends? this shows that he was thinking about how his family would feel if they knew he had lied. I personally found this scene the most emotionally draining of the entire play because you really get twisting and start caring about the characters and I think that final speech is the best of the entire play.This assay has discussed many things that featured in The Crucible such as conscience and the way Arthu r Miller made his characters either liked or disliked. All of the characters in this play were put under extreme hale and in these situations the best scenes in the play arise. Overall I think that the best of human behaviour was presented more strongly than the worst because the characters that have the best behaviour are more strongly presented.But saying that Arthur Miller does successfully portray the worst of behaviour also because none of his characters are savorless they all his separate lives which intertwine and so you feel for all of them even those who responsible for the deaths. In my fundament I aimed to show the parallels between puritan Salem and the anti communist feelings of right wing America. I have done so. The audience at both the time this was written and in the present daylight would find this play both emotionally challenging and exciting. The reaction to the last scene probably would have been tears, as I myself was close to tears when watching the film version. I also have achieved the contact lens between the interrogation of Arthur Miller over his political beliefs and the witch hunts in Salem 1692, His reaction to the hysterical neurosis and how he wrote the play in protest to the somewhat ludicrous questioning of people in Salem.

The Function Organization And Structure Of The International Court Of Justice Law Essay

The Function Organization And Structure Of The world(prenominal) beg Of Justice impartiality EssayIntroductionIn this essay the author wants to explain the worldwide speak to of Justice (ICJ). grave in that scene is the history and former organizations, which were the pathfinder of the contemporary institution. It should be explained how the ICJ is working and who is working. The duties, functions and the worldwide grandness of the cost, plus the springs why world politics need that kind of foreign tourist court. Further pass on be explained the close heavy Conventions, rules and Conferences, which build up the ICJ in its present- day. in that respect ar slightly classic look into questions, which atomic number 18 the principal(prenominal) issues of the essayWhat is the importance or the meaning of global Court of Justice? al most(prenominal) of the time the organization is menti unriv bothedd as an institution with judicial arbitration in case of national dep artures. It is rest over all verbalises and has a really strong arbitration. The states ar non able to appeal against the ICJs decisions or convictions, what ca apply the second research questionHow the transnational Court of Justice does achieve these convictions?Who is the judge or who argon the settle of the International Court of Justice?This is the question of the administration of the Court. Questions b) and c) wee-wee their focus on the inner- organizations of the Court and the author wants to find out, why the Court acts in certain cases in disputes and what are their concerns and requests to mediate a dispute.Hopefully all the questions will be answered in the extirpate of the essay, in the conclusion there will be a comprehensive review of the topic and the important research questions. There is enough lit to use and with roughly examples of cases in the midst of national states, the process and interfering of the International Court of Justice, it should be t umesce explained.HistoryAll began with the Jay Treaty of 1794, likewise called the Treaty of Amity, Commerce and Navigation, surrounded by the join States of America and owing(p) Britain. It was made out of three mixed commissions with Ameri net and British nationals and they had to work as tribunals.1The second to a greater extent important signifier was marked by the Alabama Claims arbitration in 1872 again between the join States and owing(p) Britain. In the Treaty of Washington the similar parties arranged a kind of neutrality and heady some important conditions for arbitration. They tried to avoid with the treaties conflicts between the states and they created a proposal of a permanent world(prenominal) arbitral tribunal.2The third phase was marked by The Hague Peace Conference in 1899 which got initiated by the Russians (Czar Nicholas II). The phase was part of modern outside(a) arbitration. The main concern of the conference was discussing peace and disarmament. It got finished with the Convention on the Pacific Settlement of International Disputes (between Asian, Ameri elicit and Europe countries). Out of the Convention the aeonian Court of arbitration got formed. A panel of jurists (from each country) administered the Permanent Court and too a leading office, located at The Hague, got set up. The Court got institutionalized and was generally accepted. The official establishment was in 1900 and the operating began in 1902.3In 1907 the second Hague Peace Conference started and also States of Central and South America participated. At this conference some participants ( unify States, Germany and Great Britain) tried to form a Permanent Court of Justice, still not all participants concur with that. The problem was how and who had to choose the judges.4The Conference confined itself to recommending that States should adopt a draft convention for the creation of a court of arbitral justice as soon as agreement was reached respecting the s election of the judges and the system of the court. Although this court was never in fact to see the light of day, the draft convention that was to watch granted birth to it enshrined certain fundamental ideas that some years later were to serve as a origination of inspiration for the drafting of the legislation of the Permanent Court of International Justice(PCIJ).5The Permanent Court worked with cases alike the territorial and marine dispute and delimitation between Eritrea and Yemen in 1898 and 1899 and in case which concerned Great Britain and Ireland and caused the Convention for the Protection of the Marine Environment of the North- East Atlantic in 1992 (OSPAR).6The Permanent Court of International Justice (PCIJ)Article14 of the Covenant of the League of Nations gave the Council of the League responsibility for formulating plans for the establishment of a Permanent Court of International Justice (PCIJ), such(prenominal)(prenominal) a court to be competent not scarcely to hear and determine any dispute of an world(prenominal)ist character submitted to it by the parties to the dispute, but also to crumple an advisory flavour upon any dispute or question referred to it by the Council or by the fable.7In 1920 the Council engaged an Advisory Committee of Jurists to present a report if the establishment of the PCIJ, they sat in The Hague d raisestairs Baron Decamps (Belgium). After the report, the First Assembly of the League of Nations opened in Geneva in the end of 1920. In this case the legal frame of the PCIJ got fixed and realized. Every member country had a memorise in case of decisions and elections. The first elections took array in September 1921. After the first Assembly, more(prenominal) of them took place in 1921, 1929 and finally in 1936 the command and legal frame of the PCIJ became effective and operative.8The PCIJ had after the long passage of formation and development some differences to the former Court of Arbitration. Fi rst it got a permanently governed body and had an own Statute and Rules of Procedure. Second it had a permanent Registry which stayed al directions in touch with governments and international organizations. third the proceeding was public and got documented for evidence. It also had a permanent tribunal what offered a constant work with international law and bodies. It also influenced the development in that case. Further all member states had to accept the normals and rules of the PCIJ. The PCIJ had also advisory function in case if the League of Nations Council or Assembly and a member state of the PCIJ were not normally a member state of the League of Nations. Last, it got more and more representive in the international context.9The International Court of Justice (ICJ)Case of the Second World War the PCIJ had less space for activities. The pull round conference was in December 1939, after that the PCIJ advanced back state of ward and did not act in cases of disputes between co untries. In 1942 the join States and Great Britain tried to establish a new international Court and the Inter- Ameri tin set up Juridical Committee started to construct a new way of the PCIJ. In connection with this development, some free-and-easy Committees got held and published in February 1944 a report, which contained that the Statute has to be an international law and had to be ground on the Permanent Court of International Justice. It should invite advisory character and acceptance in legal personnel.10Meanwhile, on 30October1943, take uping a conference between China, the USSR, the United Kingdom and the United States, a joint declaration was issued recognizing the necessity of establishing at the earliest practicable date a general international organization, based on the principle of the sovereign equality of all peace-loving States, and open to membership by all such States, large and small, for the maintenance of international peace and security.11The result of t he meeting (October 1944) was a proposal for the International Court of Justice and represented in the beginning at one of the first meetings in Washington 1945, 44 states with a Committee of lawyers. The preparations of the Statute of the ICJ happened at the San Francisco Conference in 1945 with 50 participants and were based on the Statute of the PCIJ. That conference was one of the most important in the history of the ICJ.12The Conference decided against compulsory legal power and in favour of the creation of an entirely new court, which would be a principal organ of the United Nations, on the same footing as the prevalent Assembly, the security measure Council, the Economic and Social Council, the Trusteeship Council and the Secretariat, and with the Statute annexed to and forming part of the Charter.13The Court was the judicial part of the United Nations and was linked to the League of Nations. All member states of the United Nations are member states of the ICJ. In the begin ning of the ICJ the European countries dominated national, political and judicial affairs and case, that was the reason why the ICJ and the United Nation added some countries as members and they increased from 51 (1945) to 192 (2006).14Functions and structureThe official formation date is the 26. June 1945. The official seat is like the former organization in The Hague. The ICJ consists out of fifteen judges, who have to be from the member states of the United Nations. These are independent and have a diplomat status. They get votingd from the General Assembly and the protective cover Council of the United Nations. The main duties of the ICJ are to communicate between cardinal or more disputing parties, but they have to be states, because the ICJ is not working with cases of individuals or organizations. Decisions are based on international law.15Current samples ad hocThe following judges ad hoc have been chosen in the cases soon pending originally the CourtAhmadou Sadio Diall o ( republic of Guinea v. Democratic Republic of the congo)Guinea Mr. Ahmed MahiouDemocratic Republic of the Congo Mr. Auguste Mampuya Kanunka TshiaboArmed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda)Democratic Republic of the Congo Mr. Joe VerhoevenUganda Mr. pile L. KatekaApplication of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia)Croatia Mr. Budislav VukasSerbia Mr. Milenko KreaTerritorial and ocean Dispute (Nicaragua v. Colombia)Nicaragua Mr. Giorgio GajaColombia Mr. Jean-Pierre CotCertain Criminal Proceedings in France (Republic of the Congo v. France)Republic of the Congo Mr. Jean-Yves de CaraFrance Mr. gibibyte GuillaumeMaritime Dispute (Peru v. Chile)Peru Mr. Gilbert GuillaumeChile Mr. Francisco Orrego VicuaAerial Herbicide Spraying (Ecuadorv. Colombia)Ecuador Mr. Ral Emilio VinuesaColombie Mr. Jean-Pierre CotCase concerning Application of the International Convention on the Elimina tion of All Forms of Racial unlikeness (Georgia v. Russian Federation)Georgia Mr. Giorgio GajaApplication of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece)Greece Mr. Emmanuel RoucounasThe former Yugoslav Republic of Macedonia Mr. Budislav VukasJurisdictional Immunities of the State (Germany v. Italy)Italy Mr. Giorgio GajaQuestions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal)Belgium PhilippeKirschSenegal Serge tireCertain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)Costa Rica Mr. John DugardNicaragua Mr. Gilbert Guillaume16The ICJ is the however institution of the United Nations which has its head quarter not in the main quarter in unfermented York, like mentioned is it in The Hague, Netherlands.In the graphic presentation below is explained how the ICJ works. The General Assembly and the Security Council vote the judges all three years for nine years. These judges rep resent distinct cultures, communities and legal frameworks. They are responsible for right decisions between state litigations and preconditions for the states who deposit their requests at the ICJ. Important is that they subordinate themselves under the jurisdiction of the ICJ. They are also responsible for the legal options in case and questions of the international law for the United Nations.17The regime of the ICJ are provided in the fourteenth chapter of the UN- Charta, decided in 1945 in San Francisco. One the one hand the ICJ has his one statute and one the other it is based on the UN- Charta. That content that a member of the ICJ is also a member of the United Nations.The ICJ in connection with international lawThe ICJ has to base its decisions on the international law, mentioned higher up. Because of the international law, the ICJ is a legal person which is allowed to behave his own decisions on a juristically structure on which it is based. In Act 38 Paragraph 1 it is mentioned that the Court has a statute based on international law, but it can also decided with the acceptance of the parties which are the main characters in a dispute.18The UN- Charta and the ICJThe chapter xiv of the UN- Charta says in Act 92 that the ICJ is the main adjustication of the United Nations and has a permanent statute and its duties, responsibilities and arrangements are based on the Charta and the statute. The first point of Act 93 means that all members of the United Nations are members of the Court. Second, a state who is not a member of the United Nations can get a member of the Court, but under different circumstances. There has to be held a conference at the General Assembly of the United Nations and the state has to have a reference of the United Nations Security Council. The first part of Act 94 says that either member of the United Nations is committed, in case of disputes to follow the interventions of the ICJ. If one of the parties of the dispute does no t follow the rules of the ICJ, the other party is allowed to bring their case to the United Nations Security Council. The Security Council is the last institution who can finish the dispute and is able to make harder arrangements for the dispute parties. In Act 95 is written that the states can also gather up other Courts to interfere in the dispute. The last Act, Act 96, says that United Nations Security Council can make requests for information of dispute cases and other institutions of the United Nations can with the perimeter of the General Assembly ask for information of cases.19These conditions of work and service did not help very much at peace- keeping and with international security, which is one of the main duties and responsibilities. The former idea of the ICJ was to interfere between disputes and the result should be no war and military access, but this was and is impossible, because many states do not want to make via medias.20In official demonstrations, the ICJ mos t of the time interpreted and based their judgments and actions in international contexts on the UN-Charta. Every time they fell a judgment, they add, that they worked with the conventions of the Charta and the international law. The reason why they are so careful with their information is because of the international context and the cases with which they are working and the worrying around making problems between countries worse.21Types of ProceedingThere are existing two different types of proceeding. First is the debatable proceeding based on Act 92 of the UN- Charta and second is the map of advisory opinion or knowing assessment based on Act 96 of the UN- Charta and the IJC- Statue.22 disputable ProcedureThe disputable procedure should be a procedure which is based on peaceful resolutions for all contributing parties, in case of ICJ. The countries which are performing like parties, when they have a litigation at ICJ they have to be members, to be able to ask for help at the ICJ. If they are no members of the ICJ or the United Nations, they have to get a recommendation of the Security Council and afterwards the General Assembly is decision making if they are allowed to access the process and if they get a party for that time of the United Nations and the Court. If not, they cannot work with the ICJ together. International organizations are not allowed to get parties of the ICJ. These decisions were made on the Conference of San Francisco. The only way they can participate, is the way of listening.23Also important for the ICJ is the responsibility of an international tribunal. The Court can only work with a dispute between countries, when all parties agree to the litigation at the ICJ. This is based on a general principle of international law. At the Conference of San Francisco in 1945 it got discussed to base the Court on an obligatory jurisdiction, but in the end the Court got the statute of the traditional system with the former sovereignty principle . The countries have the possibilities to form an agreement, before the case comes official to the Court, who gifts the responsibilities of the ICJ, but both parties have to agree. They can make a sort of compromise to abbreviate the proceeding. The states have also the chess opening to arrange agreements for the time after the political campaign. Such a compromise should control the disputes and the acting. This should work like diplomacy or mediation- to prevent wars and conflicts. These agreements could be for example multi- or reversible contracts. Additional the countries can arrange the responsibilities of the ICJ also for the future, like they can work out compromises. This way of acting is called facultative obligatory. These compromises and obligatories can have time- limits or there could be instructions which they have to follow with or without a time- limit. That depends on the case and if there is the necessity from the Court to interfere. If there is a case, where the parties are not able to define the responsibilities of the Court together, then the Court is deciding the circumstances of the trial.24In the text above is written that the ICJ only interferes if there is a conflict between countries and there is no other possibility to solve the problem or conflict without a Court. The ICJ defines a conflict and its rule disagreement on a point of law or fact, a conflict of legal view or if interests between two persons25That definition defines conflicts, but it does no show if it has to be juristically or non- juristically. The interpretation of the definition could also factor in political and social disputes. If it also includes social problems, then there is duty- problem with the International Criminal Court (ICC). Because of this defining problem the cases has to be totally clear and they have to be cases which do not have effects on political and social positive working structures. If they have such effects, then it would not be any more a case of the ICJ, but of the ICC (International Criminal Court).26The trial of the dispute has to be separated in two parts, the written and the spoken part (Act 43). Very important in this context is the preliminary objections27which could be used before the trial and during the trial from the parties against the Court. The law which is used from the ICJ for decisions is the mentioned international law. The international law gets split in three parts first the under international law contracts, second general legal principles and third customary international law. Facilities for the ICJ can be already given verdicts or scientific consensus. The second mentioned form was in the past mostly used at national courts and in international law. Nowadays the general legal principles are disappearing and are not used very often. Today the ICJ is using the international law contracts and the customary international law most of the time.28The decisions of the ICJ can be obligation or declar atory judgments. The judgment concerns only the disputing parties and the judgment has to be accepted. There is nothing existing which could change that, but under conceivable explanations the trial can be scheduled. If a stated does not follow the guidelines of the judgment, the Security Council can threat and order penalties.29The Procedure of Advisory feel or Expert AssessmentIn this procedure the General Assembly and the Security Council of the United Nations can get an advisory opinion from the ICJ. In this context an advisory opinion or assessment means a juristically statement of a case of disputing countries. In the procedure no parties exist and an advisory opinion is in that context essential. The Court has more power over the case and more ways to interfere. This power results out of the advisory opinion, which gets verbalized by the Court for the UN- institutions. A reason why the procedure get used, results out if the not given capacity to sue and be sued of the United Nations. It should be a sort of compensation. The Court is not only checking the advisory opinion, because it has to involve the statements of the requisitioning institution and the statement of the states which are not the main characters of the trial, but they get mentioned. There are some other institutions who are also allowed to ask for an expert assessment, for example the International Labor Organization, the International Atomic Energy Agency or the United Nations Educational, scientific and Cultural Organization and more. The General Secretary is not allowed to request for an advisory opinion, but different organizations and institutions tried to get the ability to receive that. Up to the present day the ICJ and the people who are responsible for the UN- Charta did not react for this request. The General Secretary has just the possibility to summon the Security Council or the General Assembly to get an advisory opinion. These institutions of the United Nations can request for every question of law, but that is not the unwashed treatment nowadays.30To get an expert assessment an institution or another different applicant has to have a question of law for the ICJ. Here is again the problem to separate political and juristically questions, but in this case until today the Court did not find a working consensus. The most of the time the Court decides when it gets the request. The questions do not need any form or structure they just have to show the problem.31When the advisory opinion includes states, then the ICJ do not need the acceptance of these countries for such a request. The Court can make that and there is no different statement in the UN- Charta which would forbid that. But the ICJ cannot make a trial without the agreement of the states that means when the ICJ would make a verdict because of an advisory opinion, the states do not have to agree. If that would happen the ICJ has to refuse the request of an advisory opinion. The procedure of expe rt assessment belongs like the disputable procedure to the international law.32Differences between the ICJ and the Security Council of the United NationsA comparison between the ICJ and the Security Council is important, because they are both main parts of the UN-Charta (Act 7 para. 1). They are on the same level and have the same possibilities, but also their own functions and skills. The main subject of differentiating between the two important institutions is the independence or dependence of the members. A second important point is the difference between the types of procedure, because the ICJ should only work with juristical questions and the Security Council is responsible for political differences. The trials in the ICJ are stricter and more formal. The way to the Court, during and after the Court, has exact guidelines and they have to be accepted from the requesting states. In the Security Council there are more liberties for the involved parties. The states do not have to t ake care of many responsibilities or formal conventions in comparison to the ICJ. One of the most important differences is the handling with a verdict after the trial. If states request at the ICJ they have to accept the verdict and they cannot do anything again. The Security Council gives advice, so the countries do not need to feel compelled it do any action they dislike. The decisions of the Security Council are for the protection of the global peace and the international security.33Decisions of the ICJ in the past and its handlingThe activity of the International Court of Justice is not too rich. In its twenty four years of existence, the I.C.J. has received almost fifty cases, rendered judgments in twenty one, and has issued thirteen advisory opinions.34In this topic the handling of the ICJ in different cases with disputes should be described. There will be some examples from the past to explain difficult backgrounds and the view of the ICJ.In its judicial activity, as well as in the advisory one, besides the decisions and the advisory opinions delivered, the Court has recorded, every time a decision was rendered or it issued an advisory opinion, numerous individual or separate opinions. most of these opinions, real juridical masterpieces, are often of particular significance, due to the fact that they insist on some principles and arguments of international law, dissimilar to those which led to the solution rendered by the Court. These individual and separate opinions are regularly presented in extenso emphasis added in Recueil des arrest, avis consultatifs et ordonnances emphasid added.35The decisions of the ICJ did not only help to find solutions in the international context. They also are an expression for the structure of the international law, where it comes from and how it gets handled. International justice, international law and international relations are very young from a historical perspective. The ICJ got established around eighty years ago and the former international tribunals maybe existed twenty years longer. This has many reasons the world how we know it today, did not exist that way in the nineteenth century. The civilizations changed with the medial facilities for example or the First and Second World War, the forces in the international context changed in that case rapidly. The ICJ had started small and big revolutions in law perspectives, because law was not longer a part of one or two countries, law got global and international.36The author of the essay will take the first three cases as examples for the working processes in the ICJ.The Corfu Channel Case37The first case of the ICJ handled about the Corfu Channel Case in April 1949. The parties of the trial were the United Kingdom of Great Britain including Northern Ireland and the Republic of Albania.38The judges Acting President GUERRERO President BASDEVANT Judges ALVAREZ, FABELA, HACKWORTH, WINIARSKI, ZORII, DE VISSCHER, Sir Arnold MCNAIR, KLAESTAD, BADAW I PASHA, K RYLOV, R EAD, HSU MO, AZEVEDO M. EER, Judge ad hoc.39The case started in October 1946 when British ships drove into the Albanian water territories for mine- sweeping without any allowance of the Albanian government. The Albanians left after the Second World