Transcultural Communication

Transcultural Communication

International Business Communications Challenges: Challenges and Sensitivities from a British Perspective of Doing Business with Germany

Introduction

Globalization has brought people from other cultures closer together. Their encounters with many beliefs, attitudes, and mindsets inspire, intrigue, and enrich everyone who participates on the world stage. The diversity, which cannot always be recognized let alone comprehended and interpreted (Antunes & Thomas, 2007; Moran, Harris, & Moran, 2007), contributes to an individual’s capacity for adaptation and survival. It is unsurprising that people seek to simplify their lives in an increasingly perplexing environment by forming simple stereotypes to interpret what is unfamiliar to them. Cultural variations can enhance the effectiveness of teamwork (Bond, Harhoff, & Van Reenen, 2005). However, if these cultural variances are overlooked or undervalued, they can create friction and conflict in cross-cultural commercial contacts (Sperandio, Grudzinski-Hall, & Stewart-Gambino, 2010; Mohsin, 2014). In this report, the focus is on highlighting and discussing the challenges and sensitivities from a British perspective of doing business with Germany. To analyze the different perspectives, the barriers/challenges from a British perspective on Germany will be discussed following Hall’s high and low context culture, Hofstede’s culture dimensions, and Trompenaar culture dimensions. The report will provide strategies to overcome these barriers and suggest ways forward in relation to international business communication. Ultimately, international business is largely supported by effective communication and the understanding of the same from the perspective of participants.

Transcultural Communication

When it comes to doing business, every country has its own set of rules. A direct result of this is that when business and its employees learn to recognize areas of potential communication breakdowns and cultural friction, then it is likely that business relations will improve. In a similar vein, international communication improves when businesses are able to predict areas of common ground. Matoba (2003) and Lee (2012) contend that when people from other cultures come up with fresh solutions to old problems by integrating cultural concepts and acquiring a capacity to comprehend things from another person’s perspective, business relations flourish. As defined by Pless and Maak (2004), transcultural communication is the interaction that happens across and beyond cultural and language borders rather than inside them. Because of this, assumptions about languages and cultures are no longer possible; as a consequence, borders are blurred, crossed, and transcended.

Cross-cultural business is a growing field. Communication can be difficult if people from one culture are unable to perceive the variations in communication tactics, social conventions, and cognitive processes that are governed by their own culture. It is possible for problems to arise when one or more of the parties involved hold an ethnocentric vision of how business should be handled (Ibrahim & Reid, 2010). Eccentricity is described by Elenkov and Manev (2009) as the conviction that one’s own culture is superior than other cultures. International business scenarios are characterized by the filtering of communication by a slew of circumstances (Matoba, 2003), all of which have the ability to distort one’s point of view. Among the numerous elements that influence human contact are notions of authority, technology, nonverbal communication, language, social structure, culture, and historical norms (Pless & Maak, 2004). As communication expands with globalization, international business is required to also adapt to factor in the differences between nations.

Challenges Brought by the Transcultural Communication in Business Environment

In today’s world, communication is at the heart of most international commercial transactions. Studying the connection between communication (or lack thereof) and culture has yielded a slew of important studies that have implications for international business operations (Littrell & Valentin, 2005). A business enterprise is established, managed, led, and disintegrated via various levels of communication that are required for information exchange, relationship growth and maintenance, contract negotiation, and the construction and maintenance of partnerships, among other things. Effective communication at the interpersonal, group, and organizational levels is increasingly recognized as a crucial component of the operations of multinational organizations on a variety of levels (Hofstede & Usunier, 2003). Expatriate adjustment, global leadership effectiveness, multicultural innovation, and multicultural team results have all been linked to effective communication in international business research (Gierusz et al., 2022). Effective communication has also been linked to firm-level decisions and activities including the entry mode choice that a firm takes.

When individuals from variant cultures get to a certain level of understanding of their differences, this is known as cross-cultural conversation. Both parties must have some knowledge or awareness of the norms and conventions that exist in the culture of the other if they are to be able to communicate effectively. When it comes to both oral and nonverbal communication, implied meanings and varying degrees of symbolism are widespread. A fundamental understanding of values, customs, and perceptions is required for clear and successful communication. The capacity to effectively communicate across cultural divides is essential (Zhennan, Sentosa, & Sheikh, 2019). It is critical for individuals to recognize the possibility of cross-cultural communication difficulties and to make a deliberate effort to fix these difficulties as soon as possible. Furthermore, it is critical to acknowledge that one’s efforts will not always be fruitful and to alter one’s behavior as a result. One should always assume that cultural differences are at the root of communication challenges and be prepared to respond with patience and forgiveness rather than confrontation and aggression when communication difficulties arise (Liu et al., 2021). When participating in cross-cultural discussions, one should answer slowly and systematically rather than jumping to the conclusion that they comprehend what is being said and spoken.

Hall High and Low Context Culture

Communication concepts are frequently transmitted by using contextual elements (for example tonal voice, body language, or an individual’s social standing) instead of direct means as seen in high-context societies. By contrast, low-context societies have rules that are openly articulated and knowledge is primarily delivered through language (Oliver, 2016). The fact that no culture is either high-context or completely low context is an important consideration in international business since all civilizations have elements of both high-context and low-context (Jeong & Crompton, 2018). For example, while some cultures are low-context, components such as family reunions are regularly found in cultures that are high-context. Members in high-context societies will most likely form long-term partnerships than other societies (Hall, De Jong, & Steehouder, 2004). The rules, how to think about them, and how to act on them are already known to members since they have spent so many years interacting with one another; thus, the rules do not need to be explained exactly. Persons unfamiliar with high-context cultures may find it difficult to traverse them if they do not grasp the unwritten laws of the culture.

It is customary for the British to communicate in a non-directive manner. Communicative styles have a tendency to remove direct communication techniques. When it comes to business, it is critical to read between the lines in order to comprehend what is being said in the British culture. The fact that this is happening may be unsettling to persons who have grown up in a culture where direct communication is the norm (Croucher et al., 2012; Wurtz, 2005). British culture has a long and illustrious history. Understanding the context and background of the speaker is essential in order to comprehend what he or she is attempting to express (Gallion, 2013). Because of this, business and school links continue to be tenuous, despite the fact that the United Kingdom is still known for its social class structure. One’s dressing style is affected more by one’s own tastes than it is by one’s position or standing in society. When criticism is conveyed softly, it might elicit animosity and defensiveness on the side of the person who is receiving it.

Germany, compared to the British culture, is a significantly low-contextualized society. Very little attention is provided to body language and on verbal cues in communication. Emotions are viewed as inappropriate in the workplace (Robertson et al., 2019). When it comes to business, emotions must be managed in order to develop trust and credibility. In addition, there is a propensity to be more emotionally expressive while spending time with family and close friends. In terms of formality, the German culture shows comfort in understanding and following a specific order. Rules and protocols are important. Additionally, there is sensitivity to age and position. Overall, Germans have a distinct divide between social and work life. Direct communication styles also translate to criticism and work relations (Jain & Jain, 2018). The German culture is detail-oriented and questions are often asked to reduce the chances of a mix-up. The directiveness of the German culture may appear as assertive to the British people. The German culture is also mentioned to be overly critical and confrontational. Praise is not necessary especially in a business setting where a person is expected to do their best (Awan, Kraslawski, & Huiskonen, 2018). Superlative forms such as best, and highly descriptive words such as great and fantastic are not common. In summary, the German low-context culture is direct, self-sufficient, principled, fact-based, and unconcerned with harmony or saving face.

Hofstede Culture Dimensions

A framework for analyzing cultural variations across nations and identifying how companies run in different cultures, Geert Hofstede’s Cultural Dimensions Theory is a useful tool for understanding cultural variations among nations (Pîrlog, 2021). For example, the framework/model is used to discern between diverse national cultures, their characteristics and the influence on business. The following chart summarizes the main elements of culture dimensions according to Hofstede.

Image 1: High and Low elements of culture (Adapted from: Hofstede,1996)

Hofstede Insights is an excellent resource for discovering how culture influences work and life. The power distance index quantifies a the tolerance of a culture on matters relating to power and inequality. The dimension looks at power and inequality through the eyes of those at the bottom of the hierarchy, the followers (Trompenaars & Woolliams, 2002). Individualism vs. collectivism is a scale that measures the organization of societies, including their perception of dependence and obligations. The uncertainty avoidance dimension is used to quantify the overall acceptance of uncertainty and ambiguity. This dimension evaluates the way individuals react to novel settings and unanticipated occurrences (Morris et al., 1998). Social expectations of achievement, sexual equality ideas, and behavior all contribute to the “tough vs. delicate” aspect of masculinity vs. femininity. Long-term vs. short-term orientation is a component that indicates how a culture understands its temporal horizon (Dheer, 2017). The indulgence vs. restraint component quantifies a group’s potential and proclivity to fulfill its desires. In other words, civilizations’ capacity to control their desires and needs is critical for this dimension.

The United Kingdom has a low power-distance score in terms of culture. This implies that the majority of people in the UK believe that eliminating inequality is important. This has ramifications at all levels of society, but it often presents itself in workplaces with flat team structures and no hierarchy. Individualism, defined as the extent to which a person’s self-image is defined (Rao‐Nicholson, Carr, & Smith, 2020), is one of the United Kingdom’s strong suits. As a highly individualistic culture, Britain encourages individual prioritization with little regard to the rest of the community. Personal relationships are essential in these civilizations and are necessary for commerce to take place (Beňo, 2021). British culture, ranks competitiveness, success, and accomplishment above interpersonal connections and humility. Great value placement on careers and goals is evidenced in the British culture (Pîrlog, 2021). Britain exhibits low scores in avoiding uncertainty, which means that people are at ease with it and can live without knowing what the future contains. The culture has a relatively neutral score for time orientation. This concept relates to how a culture solves present issues while maintaining ties to the past (Dheer, 2017). It means that the British culture is more likely to hold on to traditions and practices and to be resistive to certain elements of social change. Societies that perform well on this criterion take a more pragmatic approach to change in order to meet modern issues. The United Kingdom has demonstrated poor impulse control and an insatiable drive to attain its goals.

With its relatively large middle-class population, Germany exhibits low power distance. Germans trust individuals with extensive expertise and know-how. Despite the fact that several Western nations are more individualistic than Germany, it nevertheless scores high in this category. Unlike those who live in groups, German families tend to prioritize their personal ties. Germany is a man’s nation. Many Germans are motivated by success, accomplishment, competitiveness, and skilled work performance. The ultimate objective is to be the best (Pîrlog, 2021). Germany is a country that values structure, which is reflected in its risk aversion. Some individuals are terrified of what will happen next if they let the future run its course. Germans, on the other hand, attempt to escape the uncertainty of an unknown future by pre-planning reactions and processes. Long-Term Orientation demonstrates how a society adapts to present and future concerns while maintaining historical traditions (Dheer, 2017). The Germans take a practical approach to this and perform admirably. While some German traditions and practices are significant, they may also be adjusted to match the time, circumstance, and scenario at hand. Germany’s conservative, reasoned worldview enables it to respond rapidly to events in its own nation and throughout the world. Germany receives a low score for giving, indicating that the country is inherently timid. While there is still a strong focus on having fun and having a good time, many people’s primary objective is to work for a living.

Trompenaar Culture Dimensions

The Trompenaar cultural dimensions include: universalism versus particularism, individualism versus communitarianism, neutral versus emotional, specific versus diffuse, achievement versus ascription, sequential versus synchronous time, and internal direction versus external direction (Luo, 2008). Ideas are applicable anywhere within universalist cultures, for instance in the UK, and right or wrong have clear definitions. In particularistic cultures the general thought is that circumstances influence how thoughts manifest as reality as seen in the German culture. Individuals are seen as unique in individualism exhibited by the British culture, yet as members of a collective under communitarianism in the German society. Emotions are handled privately in a neutral society (Salacuse, 2010), such as Germany and the UK, while they are freely and spontaneously expressed in emotional cultures. Individuals in specific cultures such as Germany keep a separate work and personal relationship. In diffused cultures, work-life balance is blurry as seen in the UK society. The value of an individual in an achievement-oriented culture is assessed through performance and ability to do duties successfully (Agndal, 2007). This is evident in both UK and Germany. In the sequential time society, projects are completed in stages as seen in both the UK and German cultures. The cultures favor a never-ending race against the clock (Jiang, 2013). Internally directed cultures believe in controlling the environment to attain goals such as the case in the UK. Externally directed cultures see the need to work with the environment to attain goals as evidenced in the German culture.

Strategies to Overcome Barriers

Communication problems may worsen in the present diverse business environment. In terms of face-to-face communication in business, each culture/society has predefined and implicit expectations, conventions, and predispositions, making it challenging to communicate properly. Maintaining civility is an excellent strategy. Before engaging in transcultural communication, conducting research on the target culture and obtaining cross-cultural training are important. Many cultures, for example, need some measure of formality at the outset of interpersonal encounter (Danciu, 2010). The Germans are more formal than the British. Determine if a certain personality characteristic or behavior is required in a business transaction. It is also necessary to identify if the cultural differences may be tolerated in a reasonable way. Finally, before engaging in economic dealings, one should educate oneself about diverse cultures.

Conclusion

The issue of cross-cultural communication is critical in business as shown in this discussion. The more culturally motivated business methods and styles encountered, the more the understanding of one’s own country’s culture and constraints, as well as the desire to overcome them. When it comes to issues such as personnel management, communication styles, and negotiation tactics, declaring the final superiority of one or more traditions over another is difficult without meeting with members of other cultures. The comparative analysis of German versus British cultural positions has provided an insightful description of the above. This broadening of perspectives results in an expanded repertoire of competences, management, and negotiating abilities, resulting in increased success in both domestic and foreign commercial environments.

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International Commercial Arbitration

International Commercial Arbitration

International Commercial Arbitration

Name

LAWS 6060

Institutional Affiliation

27th May 2021

Question 1

The New Zealand company and the Japanese case company are considered to be operating within the international arbitration in Australia given that they originate from different countries but agree to operate according to the Australian Law. NZCo might have a good case and a good claim, probably from what the company has lost so far from its dealings with the Japanese company based on the defective materials that have been in use in their joint venture. The New Zealand company has taken the right course of action by filing a notice of arbitration with ACICA, seeing that the latter is the appointing authority and administering body under the UNCITRAL Arbitration Rules, to which the parties agreed to within the dispute resolution clause they have detailed out. This, therefore, means that the administration of arbitration is to be done by the Australian Centre for International Commercial Arbitration (ACICA).

As such, from the case between NZCo and JCo., there are a number of identifiable problems. Looking at the NZCo case, the first issue arises from their party-appointed arbitrator, Ms. Kamala Harris SC. When it comes to this appointment, it is important to point out the fact that Ms. Kamala Harris NZCo’s subsidiary in the United States had her appointment as an expert witness previously and in two arbitrations concluded four years before this case. It is important to note that an arbitrator can practice on account of their experience, like in the case of Ms Kamala. At the same time, she cannot be restricted from acting as the arbitrator on the basis of her nationality, especially since she is an expert in foreign law. This would definitely come in handy in the case of the New Zealand and Japan companies operating on Australian soil. However, there is one important consideration for appointing an arbitrator and that is their need to be independent and/or impartial (Article 12(2), Model Law). This calls for disclosure of such circumstances that would give rise to justifiable doubt on the matter of their independence and/or impartiality during the appointment procedure or during the arbitration proceedings (Article 12(1), Model Law). In this case, bias is definitely a possibility (Section 18A (1), IAA). This only means that there already exists some form of conflict of interest between the New Zealand company and Ms. Kamala Harris which would easily give this company the upper hand. On this note, there is justifiable doubt of Ms. Kamala’s independence and/or impartiality. This then calls for the arbitrator being removed from this position or having their position challenged by the respondent. At the same time, there is also the need for the arbitrator (Ms. Kamala Harris) to recuse herself from the arbitration to eliminate cases of bias.

The Dispute Resolution clause is yet another section that has presenting problems. It is important to first note that the New Zealand and the Japanese companies have taken right courses of action in considering amicability in their negotiations in case a dispute arises. This means that in the event of a legal or non-legal matter, a good-natured approach will be applied in their negotiations. In the event of a non-legal matter that is technical, then mediation is a good approach while in the case of a technical and legal matter, then arbitration is the way to go. It is worth noting that even if the courts of Japan hold non-exclusive jurisdiction in consideration of dispute resolution operating under the UNCITRAL rules, if both parties agree to resolve their issues through arbitration, then both parties are held by the arbitration rules. This is especially in consideration of UNCITRAL rules being required by their administering body, ACICA.

Further, there arises an issue in their clause. The arbitrators are required to mediate in a facilitative style. However, there is a confusion between mediation and arbitration. In mediation, the mediator is required to mediate facilitatively. This means that the mediator is not tasked with giving a ruling or an award, which then means that the mediation process is non-binding. It ends up being a win-win situation since both parties are taken into consideration. It would, however, make sense to have the NZCo and JCo case handled through mediation in the technical, non-legal case since the parties are not equal. However, given the circumstances of the claim made by NZCo and the arbitration clause, then it makes sense to handle the claim through arbitration. This calls for the elimination of mediation when handling the claim case. The arbitrator(s) will be required to listen to the parties and then make a final and binding decision. At the same time, the parties are not supposed to meet the arbitrator(s) anywhere other than in the presence of either party. Any disclosure ought to be done in the presence of the opposing party before arbitration begins or during the proceedings, thus eliminating the need for separate meetings.

Dissenting opinions in arbitral awards may or may not be allowed in international arbitration cases. The UNCITRAL arbitration rules allow for concurring and dissenting opinions to be used by the Tribunal. In this regard, the dissenting awards are not allowed, thus leaving concurring opinions in play. In another case, considering that the arbitration proceedings are taking place in Australia, while involving an English-speaking country and a Japanese-speaking country, then it is only sensible that both English and Japanese languages be used during arbitration as a balance. This is as opposed to putting more weight on Japan while putting little consideration on the English language in such a scenario. The parties ought to be equally represented in the arbitration process. This is yet another presenting problem.

Looking at the case of JCo filing a lawsuit for non-payment, while joining the Japanese company responsible for the supply of the said materials, JCo files the lawsuit in a Japanese District Court. The claim is worth A$1 million. It is important to note that the Japanese company files this lawsuit in a Japanese court with the awareness of a dispute resolution clause, for which the New Zealand and Japanese company are party to. The arbitration process does not go together with the court process while there exists an arbitration clause. On this note, it is up to the New Zealand company to go to the Tokyo District Court in Japan. Once there, then it ought to mention that the Japanese company ought to resist from engaging in the court proceedings on the basis of the existing arbitration clause that the companies are party to. As long as there is an operational arbitration clause, then there ceases to be court proceedings. It ought to be clear to the Japanese company that given their existing clause, then their disputes ought to be amicably resolved in the presence of an arbitrator or arbitrators as opposed to seeking another option, the arbitration proceedings have already begun, but which have not in this case. Courts can intervene in limited cases, but this case would be considered to be an abuse of the process. Applying to the courts, in instance, would be done during the arbitration proceedings if one or both of the parties are unsatisfied with matters revolving around the arbitration or after the arbitral award. It is, therefore, important to note that there are potential problems in the appointment of the arbitrator in the NZCo case, in the dispute resolution clause, as well as in JCo’s filing of the lawsuit.

Question 2

The arbitral award is final and binding on the parties to the dispute. This is made possible by the signing by the majority of the arbitral tribunal as well as by ACICA while it ought to be made in writing. The basis of the award is given as well as detailing the date and the seat of the arbitration proceedings. However, in the event that the resulting award aggrieves one of the parties, then they may apply for the award to be set aside. Up until the point to which the arbitral tribunal finalizes on the arbitration with the award, then the award is final and binding on the parties and the parties would be expected to have the award carried out without delay. In this case, JCo has a right to apply to the courts in Sydney to have the award set aside since the Japanese company feels aggrieved by the results of the arbitration. In this case, it could be a good guess that the process has been unfair and in support of the New Zealand company, despite the multiple mishaps and guerrilla tactics the latter company applied during the arbitration proceedings, thus giving JCo the right to make an application to the courts.

On this note, a good reminder is that the companies have a dispute resolution clause operating within the Australian Law. However, it is important to remember that the parties are dealing with a foreign award. JCo, still, ought to apply to the court after notifying the tribunal and NZCo of their intention to apply to the court. Normally, appeals from arbitral awards are not allowed under the UNCITRAL Model Law, which is the law within which these parties are operating. This is based on their questioning of the arbitral award awarded in favor of the New Zealand company, despite a number of mishaps that have arisen on the part of New Zealand company during the arbitration proceedings. For such international arbitration proceedings that are in operation within Australia and between international companies, an application to set aside the award is the only available recourse. The Japanese company’s application to the courts may be possible. Since the companies have previously agreed (at least within the dispute resolution clause) to have the contract governed by the UNCITRAL rules, then it is only right that the UNCITRAL Model Law is considered in the process of setting aside of the award, thus applying the process of setting aside of the award as it appears in the law. This is based on Article 34 of the Model law. Finding a remedy to have the setting aside of a foreign award is impossible.

Unfortunately, the courts in Australia do not hold as much power as would be expected in conducting reviews of such awards. The Australian courts, therefore, will only be able to refuse the application of an award enforcement especially when the enforcement is challenged by the debtor of the award. This means that in this case, the New Zealand company would be the debtor. This means that the award can be set aside as detailed on the challenge by the award debtor. Upon the request by one of the parties, in this case NZCo, the court applied to can decide to have the grounds on which the setting aside happened eliminated. This is a possible scenario for the award by the tribunal in the New Zealand and Japanese case. On agreement, the International Arbitration Act (IAA) prohibits parties from excluding the setting aside of an award. From the date on which the Japanese company received the award from the tribunal, the company only has three months to take action by applying for the setting aside of the award. Once the parties are in agreement of the application for the setting aside of the award, then the Japanese company can detail the reasoning behind the application based on the occurrences during the arbitration proceedings.

Looking at the setting aside portion of the arbitration process involving NZCo and JCo, there are a number of obvious issues that have so far cropped up and are of essence, not only to the Japanese company, but to the two companies’ business interaction going forward, given their joint venture contract already in play. When it comes to the determination of where or how the hearing is going to be held, it is almost obvious that the most effective option is an in-person hearing. However, in the days that the COVID-19 pandemic has been around, in-person meetings and, thus hearings are not longer a necessity. In this regard, holding the hearing remotely for the parties and the tribunal makes the most sense and is the safest bet. In different circumstances, then the face-to-face option would be a necessary approach to consider.

Now considering the multiple issues that ought to be addressed once a case has been made in line with setting aside of the award, there are several issues that rear their heads. In the second case, following the issue that had been brought up on how and where the hearing was going to be held, there comes up an issue during the first procedural hearing. Harajuku LLP has been found to not be in a position that warrants them a place as counsel for the Japan company based on previous interactions with the President of the Tribunal. What transpires is the exclusion of Harajuku LLP from taking part any further in the arbitration proceedings. There ought to be two resulting scenarios that could be considered. It is clear that the conflict of interest appears between JCo’s counsel and the President of the Tribunal. The first scenario could be having the president recuse himself from the process to ensure that the proceedings are free from bias, thus eliminating a case of justifiable doubt of the president’s impartiality and/or independence. This would be one of the solutions. The other solution would be the withdrawing of the company’s counsel from the arbitration process on the basis of eliminating bias in light of justifiable doubt of Mr. Antony Blinken QC’s impartiality and/or independence. It would be, as a matter of speaking, a way of “cleansing” the proceedings. Seeing that JCo’s counsel are excluded from further participation, the best way forward for JCo is bringing in a new counsel to represent them during the arbitration proceedings and having the proceedings carry on.

In the third scenario following the first procedural hearing, the Tribunal requires access to the communication that has previously occurred between JCo and its Japanese legal counsel. There is consideration of the legal professional privilege that the legal counsel enjoys under Japanese law. It is first important to note the confidentiality that ought to exist in such proceedings which means that this action would be considered a breach of confidentiality on the part of the tribunal against JCo and their legal counsel. In short, this would easily be termed as one of the guerilla tactics in use by the tribunal in its actions during the proceedings. Confidentiality in this case means that the relationship between the client and the counsel ought to be respected enough not to have “intrusion”. It is considered as “pillow talk” meaning that it is communication takes place intimately or privately between these two parties and most importantly, based on the rule of without prejudice. The latter means that such communication, if it were acquired, considering that it has occurred between the client and the counsel, cannot be referred to in court or within the arbitration proceedings. JCo would have good grounds of having a good case that would easily be a reason for the setting aside of the award given the actions of the Tribunal.

Further still, another issue crops up. NZCo’s legal counsel engages in ex parte communications with NZCo without the knowledge of JCo, on top of sharing with NZCo, the deliberations that have taken place during the discussions with the Tribunal. This is yet another presenting issue; another guerilla tactic applied during the arbitration proceedings in this case. The process is already very faulty and flawed as it is. This is an unlawful practice. No such discussions ought to be taking place in the absence of al the parties party to the arbitration. This means that the JCo’s counsel, JCo, the President of the Tribunal all ought to be present when NZCo’s counsel’s communication with NZCo is taking place. In such a scenario, it would be bets for the arbitrator to recuse himself from the arbitration proceedings due to the engagement in unlawful practices that go against what the arbitration process stands for. Communications ought to only occur with agreement from the rest of the parties who are party to the arbitration proceedings. The ex parte communications are only allowed in the event that the arbitrator is still under nomination while trying to have them join the proceedings, during the selection process, communicate with a presiding arbitrator on their qualifications and willingness, thus eliminating matters about the dispute. With such an issue, it is sensible that the judge in court would consider setting aside the award given the unlawfulness and unfairness towards JCo.

NZCo, yet again, engages in leaking the draft award to the media so that it ends up being widely reported. This is a breach of confidentiality on the part of the New Zealand company. The action that can be taken in such a case is expecting the arbitrator to recuse himself, yet again, for an unlawful practice, if involved in the matter. This would provide grounds for the setting aside of the award without question.

In consideration in all the above-mentioned presenting issues, it can be said that JCo has a strong case against NZCo given that the issues are either stemming from NZCo or their counsel, or stemming from the Tribunal that ends up awarding NZCo, that ought to show impartiality and/or independence is giving the award. Their call for a claim might even come to question. At the same time, apart from applying for the award to be set aside, the parties can decide to get into arbitration afresh, thus doing away with the previous proceedings. However, given the occurrences within the arbitration proceedings that have already happened, this might be a repetition of occurrence. The other option might be the parties deciding to settle out of court, thus deciding to get into negotiations with each other instead and agreeing on what works for both parties. This would work without pressure from external parties, if any. However, it would be a requirement that neither party tries to take advantage of the other.

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International Construction

International Construction

International Construction

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International Construction

International construction is an important part of the current society as a lot of people get involved in the big construction projects in different countries and some of those experts’ skills have to be imported. This means the people specialized in those areas have to move from their home country to the country where the project is taking place and get involved in the work. However, this is not always the case and at times the experts who must not be there when the construction is taking place can work from their home countries and these include designers and other experts in construction. Most of the times people travel to work on construction projects which are outside their home countries and travelling comes with it different challenges. The article majorly discusses the concept of travelling from one’s home country to another country to work on a construction project and the challenges that accompany these type of adventures as well as the possible solutions towards the cultural problems faced by the construction experts in foreign countries.

One of the major challenges that construction officers face in other countries are the laws that govern that specific country and how to operate within those laws. Another challenge is the cultural change and difference that accompanies different countries and different construction areas. Culture is especially the main thing and it is a challenge to a lot of people. Several litigation measures include proper dispute litigation methods like mediation, arbitration and other methods that make working conditions good for the workers. The challenges discussed in the paper are proven by the data collected from the people who have been involved in international construction activities from Hong Kong and in London.

Reference

Chan, E. H., & Tse, R. Y. (2003). Cultural considerations in international construction contracts. Journal of construction engineering and management, 129(4), 375-381.

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International Drive

International Drive

International Drive

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Institution:

Date:

The international drive has been recognized as a prime tourist destination in the world. Based on the documentary, we can learn about history or Orlando and how it developed to be a prime destination. The city of Orlando, as we are shown, was built from the ground up by ambitious entrepreneurs who had a vision and shared a common goal. The documentary also allows us to gain insight on the road to success of the International Drive and the construction of Walt Disney was a significant contribution to its success. The opening of the Sea world was another essential highlight from the video as well as the development of the Orlando Central Park. Both led to the development of the International drive. The final highlight from the video is the building of the convention center, which also contributed to the vast growth of the International drive.

Mr. Rosen is one of the significant contributors to the success of International drive because he restored the flow of visitors by reviving the Quality Inn hotel. He helped his new hotel to succeed by taking the initiative of going to Massachusetts and looking for buses that could pay a specific rate to book his hotel. He managed to make handshake contracts and later received a steady flow of guests in his hotel. If I were a developer during this time frame, I would have partnered with investors and built movie theaters. The international drive has transformed due to the construction of the convention center, which was a multipurpose facility that multiplied their profits. I agree with the decisions that were made by the various parties regarding the new Convention Centre and hotel tax.

Reference

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International Human Resource Management Case Study

International Human Resource Management Case Study

International Human Resource Management Case Study

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International Human Resource Management Case Study

Introduction

For decades, human resource management has been recognized as a vital area in the management process and one that is important for organizations. International companies such as No Name engage in a process of internationalization and globalization obliging them to demonstrate competitiveness in the global market. In order to maintain this competitiveness, No Name will be required to develop and innovate a great capacity to react to the recent happenings within the organization. In this sense, a suitable employee management will endow the organization with an indispensable capacity needed to ensure that the company survives (Bornay-Barrachina, 2019). Finding ways to deal and manage the people effectively with all the human resource areas as identified in the case study is vital to No Name’s success. Indeed the management of people and work towards the desired end is a vital activity in organizations where humans are employed (Pokharel, 2016). That means that its existence does not need to be decoratively justified. Furthermore, human resource management happens to be an unavoidable of not only starting but also growing an organization.

Although there exist a wide range of variations in the engaged managerial resources, styles, and ideologies, the management of people in an organization takes place in one form or another. One may question the comparative performance of a particular human resource management model in a particular context or its contribution to the performance of an organization relative other investments within an organization like advertising campaigns, new production technologies, and acquisition of properties (Bornay-Barrachina, 2019). This, without a doubt is an important line of analysis but what should not be questioned is the significance of the process of human resource management itself. It is impossible for an organization to grow or survive without an attempt to organize and manage people within the organization. This paper will address the strengths and weaknesses of the four key areas in human resource management presented in the case study in ensuring that a No Name thrives. The four key areas that will be discussed include Diversity Management and Culture and International Performance Management, Training and Development using key theories and insights and then relate them to the case study. These areas will be discussed in the order described above then recommendations will be provided in terms of the significant of the points discussed, the implications for the conclusion on the topic, and other factors of relevance.

Diversity Management

Diversity management is an essential approach which not only acknowledges but also respects the contributions that all groups in an organization make irrespective of their gender, race, sexual orientation, or culture. However, there are arguments that affirmative action as a diversity management tool leads to the paradox of diverse discrimination (Dobbin & Kalev, 2016). This is where discrimination is practiced against some groups to avoid discriminating against other groups. This is usually based on the premise that a statistical imbalance in the workplace is due to the discrimination against the groups that are underrepresented. Despite that, studies have proved that diversity management plays an important role in fighting against prejudice, stereotypes, and any form of discrimination because of an individual’s assumptions and perceptions towards another group (Rakowska, 2021). Diversity management maximizes the benefits and minimizes the barriers of different behaviors, opinions, and attitudes of humans within an organizations. As stated in the case study, although No Name has a policy that states all employees must be respected irrespective of their age, race, gender, ethnicity, etc., there is still an intolerance towards working with others from different generations. This behavior is attributed to the social cognitive theory which suggest that categorization is being used by individuals to simplify information. Such categories allow people to easily and quickly classify data and often, individuals are categorized by their physical and visible features like age, sex, and race. Therefore, when one sees another person of a different race, there is occurrence of automatic processing and they activate beliefs about that particular race. Even if the individual is not visible, they can be subjected to automatic categorization. For instance in the case study, No Name does not recruit people with disability in China although they are qualified for a job.

A proper diversity management in an organization empowers all groups as people’s mindset against other groups are changed and the organization’s underlying culture especially in the culture is what impends change (Rakowska, 2021). This is one of the things that make business multicultural. In today’s competitive environment where organizations are fighting battles against rates of attrition, the view of not embracing diversity can imply losing out on a lot of money and failure to attract and retain the most qualified and competent employees.

Culture

Organizational culture is vital in influencing an organizational success in a global system. The management of organizational culture directly interacts with human resource management. According to Al Haderi & Ahmed, (2015), at the present and in the future, no one can question the sole and proper type of organization because an organization would be irrelevant without humans. An organizational culture core function is facilitating human potential development including its creative and innovative potential. Although culture is a representation of an organization’s clear vision about its nature, identity, and values, it is not always the case. According to Deloitte University Press, only 12% of employees are confident in the effectiveness of a company in driving the culture they desire. Another study by Chatterjee, Pereira, & Bates, (2018) found that about 65% of employees feel that they lack a strong culture of work with an organization. Whether employees are aware of their organizational culture or not, without positive influence and direction, negative factors tend to take hold which shapes culture in ways that are harmful to an organization (Chatterjee, Pereira, & Bates, 2018). In that regard, the case study demonstrates how No Name’s culture is a negative one where the mantra “near enough is good enough” has been adopted. This has led to the production of low quality products which in turn has led to complaints from customers. In addition, work relations has been affected thanks to this culture.

Deal and Kennedy model of organizational culture states that a significant influence on the culture of a company is the business environment it operates. Dean and Kennedy (1983) asserted that corporate culture embodies what is required to ensure success in the work environment (Deal & Kennedy, 1983). They look at two dimensions: the level of risks associated with the activities of the company and the promptness at which employees get feedback on the success of strategies or decisions. In the case of No Name there is a miscommunication among teams which is affecting the overall performance.

An organizational culture can reflect or betray the organization’s core value. How an organization conducts business, interact as a team, manage workflow, and treat the customers add up to experiences representing who they are as an organization (Chatterjee, Pereira, & Bates, 2018). In short, an organizational culture represents its beliefs in action. A robust corporate culture keeps the organization’s core values at the center and front in every aspect of its organizational structure and daily operations.

Performance Management

The systems of performance management which includes performance appraisal and development of employees are the HRM’s “Achilles’ heel. “Performance management suffer flaws within organizations with managers and employees frequently complaining about their ineffectiveness. A study by Tahiri, Kovaci, & Krasniqi, (2020) shows that only 30% of employees agree that the system of performance management tends to improve their performance. Less than 40% of them stated that the system established clear goals of performance. Although those results suggests that performance management systems are poorly designed, it is normally not poorly developed processes and tools causing problems with performance management (Qamar & Asif, 2016). Instead, these problems arise because performance management is personal and most of the time is a threatening process between employees and managers. This is demonstrated in the case study where there is a lack of performance reviews apart from the headquarters which takes an ad hoc approach and does not consider the economic factors affecting business targets.

The relevant theory which applies is the goal setting theory which suggests that the individual goals that employees establish play a vital role in their motivation for greater performance. This is due to the fact that an employee keeps following his goals and if they fail to achieve those goals, they either improve performance or modify those goals to be more realistic (Latham, Seijts, & Slocum, 2016). Furthermore, goal setting helps in the development of action plans tailored to guide the employees and the organization alike (Greco, & Kraimer, 2020). Several scholars have confirmed that the correlation between improved organizational results and goal setting is positive (Qamar & Asif, 2016). There is a lack of goal setting in No Name because there is no policy that underpins performance management in the organization. Also, there are no clear measures.

According to Cappelli & Tavis (2016), organizations that focus on constant performance management yield better results in terms of business. The organization that dedicates its time to regular performance assessment and reviews have higher chances of seeing an increased employee motivation since the latter are encouraged to frequently think about their individual and organizational goals. In addition, performance management improves consistency (Cappelli & Tavis, 2016). If the organization determines this process concisely and clearly, then managers, employees, and human resource professionals will know what and when to do. This way, tracking the growth of employees or their need to be supported if there is lack of performance is not only simplified but also identified promptly.

Training and Development

Many organizations perceive training and development as a fundamental part of HRM activities. Technically, training and development includes change in an individual’s skills, attitude, or knowledge with a resulting behavioral improvement. According to Jha (2016), emotional intelligence, attitude, and motivation are responsible in making training and development effective. This has developed negative perception because the employees may lack some or all of these factors which in the end, the training process would be ineffective (Jha, 2016). Therefore, employees should first be motivated to learn new skills and abilities and should also support the efforts of the employees in practicing such skills within the organization. In No Name, this function of human resource management has been neglected and disregarded. There is lack of training that would help employees to integrate into new surroundings In addition, there is lack of management development programs making the employees not to be aware of their career prospects because there is no utilization of career development plans.

The applicable theory is expectancy theory which tells that employees learn when they believe that from the training they gain new knowledge. In the case of No Name, Alice Morgan believes that a training program would have helped her to integrate into the new surrounding and lack of training led to her taking long to get used to her new working environment. According to the theory, learning would only enhance when connected to the outcome (Lloyd & Mertens, 2018). Indeed, training and development is vital to improved performance of the employees. According to (Chaudhry et al 2017), in order for training to be effective, the activity must be planned and conducted after an intense need analysis. Most importantly, training and development must be conducted in a learning atmosphere. In the process of designing a training and development program, the individual and organizational goals must be on top of mind. Even though it might not be possible to make sure there is sync, the chosen competencies ensures that there is a win-win for both the organization and the employee. Since technology is rendering many employees unskilled and with knowledge workers replacing industrial workers, training and development is at the core of human resource management. Now, the responsibility is on the department of human development to proactively take a role in response to training and organizational needs.

Conclusion and Recommendations

No Name is one of the companies that should focus on the human resource management on an international basis considering it operates in Australia, China, Singapore, and Vietnam. The strategy of an organization on globalization has a strong effect on the established approaches to human resource management. This approaches in turn influence how human resource management functions are implemented within the organization. In diversity management although No Name’s management requires employees to respect each other despite their differences in age, race, sexual orientation etc., there is still an intolerance towards working with others from different generations. The theory that applies in this case is social cognitive theory where individuals categorize others based on their physical characteristics and then hey activate beliefs about that particular race, gender, sexual orientation, etc. As a result, they end up treating them indifferently based on their characteristics. Therefore, No Name should implement a proper diversity management in the company to change people’s mindset against other groups.

The second area of human resource management discussed is organizational culture. It was identified that an organizational culture’s core function is facilitating human potential development including its creative and innovative potential. No Name’s is recognized as negative where the employees give the impression that they would resist any changes. The Deal and Kennedy model of organizational culture was applied in this area in which a significant influence on the culture of a company is the business environment it operates. Since the business environment in No Name is negatively affecting its culture and consequently the employees’ attitudes towards their work, the organization should establish a strong corporate culture that encourages team work and proper communication across different departments to ensure a positive outcome, production of high quality products, and improved performance.

The third area discussed is performance management which is a function that helps managers to monitor and assess the work of the employees. The goal in this case is the creation of an environment in which employees can perform better and produce work that is of high quality. The goal setting theory was applied in this area which suggests that the individual goals that employees establish play a vital role in their motivation for greater performance. This is due to the fact that an employee keeps following his goals and if they fail to achieve those goals, they either improve performance or modify those goals to be more realistic. No Name’s performance management lack a clear set of goals and have high expectation of the employees. No Name should dedicate its time to regular performance assessment and reviews so that the company can have higher chances of seeing an increased employee motivation since the latter are encouraged to frequently think about their individual and organizational goals.

The final area discussed is Training and Development. And it was concluded that it is a vital area of human resources. Thanks to training and development, employees performance and productivity is boosted which in turn, improve the corporate culture and reduce employee turnover. In No Name, there is a lack of training and development and employees are expected to learn things on their own and adapt to new environments on their own. The theory that was applied in this area is Expectancy Theory which tells that employees learn when they believe that from the training they gain hew knowledge. No Name should implement a training and development program that would help employees gain more knowledge on their work related characterizes and help them adopt easily to new environment. The significance of these findings is that an organization is not about structures, strategies, and system, it is about people. In order for an organization such as No Name to survive and grow locally and abroad, they need to adopt practices of human resource management for successful strategy execution. The implications of this conclusion is that HRM functions should be tailored according the environment in which it operates both locally and internationally. This will ensure that employees’ performance is improved within the organization.

References

Al Haderi, S. M., & Ahmed, F. B. (2015). The Negative Effect of Organization Culture Could Slow the Usage or the Adoption for the Technology. International Journal of Business and Social Science, 6(9).

Bornay-Barrachina, M. (2019). International Human Resource Management: How Should Employees Be Managed in an International Context? In Managerial Competencies for Multinational Businesses (pp. 174-194). IGI Global.

Cappelli, P., & Tavis, A. (2016). The performance management revolution. Harvard Business Review, 94(10), 58-67.

Chatterjee, A., Pereira, A., & Bates, R. (2018). Impact of individual perception of organizational culture on the learning transfer environment. International Journal of Training and Development, 22(1), 15-33.

Chaudhry, N. I., Jariko, M. A., Mushtaque, T., Mahesar, H. A., & Ghani, Z. (2017). Impact of working environment and training & development on organization performance through mediating role of employee engagement and job satisfaction. European Journal of Training and Development Studies, 4(2), 33-48.

Deal, T. E., & Kennedy, A. A. (1983). Culture: A new look through old lenses. The journal of applied behavioral science, 19(4), 498-505.

Dobbin, F., & Kalev, A. (2016). Why diversity programs fail. Harvard Business Review, 94(7), 14.

Greco, L. M., & Kraimer, M. L. (2020). Goal-setting in the career management process: An identity theory perspective. Journal of Applied Psychology, 105(1), 40.

Jha, V. (2016). Training and development program and its benefits to employee and organization: A conceptual study. International Journal of Scientific Research in Science and Technology, 2(5), 80-86.

Latham, G., Seijts, G., & Slocum, J. (2016). The goal setting and goal orientation labyrinth. Organizational Dynamics, 45(4), 271-277.

Lloyd, R., & Mertens, D. (2018). Expecting more out of expectancy theory: History urges inclusion of the social context. International Management Review, 14(1), 28-43.

Pokharel, B. (2016). Triumph over failure of expatriate in an International Assignments from the International Human Resource Management Perspective. International Journal of Business and Management, 11(5), 310.

Qamar, A., & Asif, S. (2016). Performance Management: A Roadmap for Developing Implementing and Evaluating Performance Management Systems. South Asian Journal of Management, 23(2), 150.

Rakowska, A. (2021). From Diversity to Human Resources Diversity Management: An Overview of Concepts. anna rakowska, 11.

Tahiri, A., Kovaci, I., & Krasniqi, A. (2020). Human Resource Management, Performance Management and Employee Performance Appraisal by SME Managers in Kosovo. International Journal of Economics & Business Administration (IJEBA), 8(4), 288-298.

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International Political Economy of East Asia

International Political Economy of East Asia

International Political Economy of East Asia

Claim:

Academics who analyze the economic success that Japan and Korea saw in the decades after World War II have a tendency to place an excessive amount of emphasis on the role that state-led industrialization played in these economies, specifically the influence that industrial policies had.

Indeed, industrial strategy can, in fact, account for their remarkable rate of economic growth. Some scholars put forward that factors, such as the sound general economic policies both governments implemented, the dynamic of each country’s respective private sector, and the favorable external context that both countries enjoyed, can be used to explain the rapid growth that both nations have experienced in recent years.

Position:

However, this section disagrees with this position, supporting evidence that Japan and Korea are where they are today largely due to government and state-led initiatives relating to industrialization, partnerships with the US, and other forms of strategies that support the growth of industries in the two nations. 

Argument:

The political framework that is in place at the beginning of the development phase has a significant influence on the growth strategy that is ultimately selected. Because South Korea had just recently emerged from a long period of Japanese occupation (1910-1948), which culminated in a war that severed the country’s link with North Korea, the leadership and public of the country aspired to achieve economic self-sufficiency as well as increased political autonomy (Seth, 2013). As a consequence of this, South Korea started its economy after the Korean War with the intention of implementing import substitution, focusing on local markets that developed daily as North Korean refugees flooded into the nation (Haggard, Kim, & Moon, 1991). Following the defeat of their country in World War II, the Japanese people were given the opportunity to initiate an entirely new economic system from the ground up. The fact that the war destroyed all the Japanese had constructed over the course of the years made this possibility a reality. During the time that the United States was occupying Japan, a number of different reform efforts were carried out in order to repair and recover the destroyed country. These reforms paved the way for Japan to eventually have the chance to become an economic powerhouse. The American occupation forces in Japan were responsible for the implementation of three primary reform policies: the democratization of labor, the reform of land ownership, and the elimination of zaibatsu. These reform efforts had a significant influence on the democracy and modernisation of the nation, as well as its capacity to make economic growth. The execution of the Dodge Plan and the subsequent effects it had from the beginning of the Korean War made it possible for Japan’s economy to begin to recover. The end of the Korean War paved the way for this recovery to become a possibility. As a result of the so-called “Korean War boom,” the economy was able to observe a significant boost in output, which marked the beginning of the nation’s economic miracle.

Claim:

Scholars studying Japan’s and Korea’s economic success in the decades after WWII have a tendency to overemphasize the importance that state-led industrialisation had in both countries, notably the effect that industrial policies had.

Indeed, industrial strategy may explain for their extraordinary pace of economic expansion. Some scholars argue that factors such as the sound general economic policies implemented by both governments, the dynamic of each country’s respective private sector, and the favorable external context enjoyed by both countries can be used to explain the rapid growth experienced by both nations in recent years.

Position:

The section agrees with this position, supporting evidence that the high-speed growth of Japan and Korea can be explained b factors including the sound general economic policies both governments followed, the dynamism of their respective private sectors, and the favorable external context that both enjoyed.

Argument:

The massive increase in Japan’s per capita income between the years 1880 and 1970 was largely attributed to the industrialization process that Sugihara (2004) believes to have been initiated by the government. It is uncommon for a business to be able to boost sales simply increasing the volume of goods it produces. Western Europe, Canada, Australia, and the United States were all able to achieve high levels of per capita income by shifting away from agricultural production and toward industrial and technologically advanced service sector activities. Moving away from agriculture production helped achieve this. Due to the nation’s high agricultural productivity, Japan had a robust craft (or proto-industrial) sector that thrived in both rural and urban regions before the country made the shift to an industrial economy (Moriguchi & Saez, 2008). Both rural and urban regions may do this. The bulk of Japan’s output growth may be explained by an increase in domestic investments made in the country’s increasing industrial sector and infrastructure. Private businesses and governmental institutions worked together to build the country’s infrastructure. Japan’s labor and capital markets started to take on much more diverse forms throughout the 1910s (Van de Kaa, 2002). The capital-intensive industry paid higher salaries whereas the labor-intensive sector paid lower salaries. This was a result of the high capital-to-labor ratios in the capital-intensive industry. Dualistic economic systems made income gaps worse, which led to domestic social unrest. Following the Second World War, Japan adopted a series of legislative changes that reduced inequality and ended the majority of the communal hostility that had previously ruled the nation as a result of dualism. Japan was in a stronger position to meet the challenge offered by the West as a consequence of these wins at home led by the government (Honda, 1997). It originally gave a lot of weight to coal and other fossil fuels as steam sources in order to accomplish this. It had a highly educated populace and an early form of industrial distribution networks, which were both utilized to mimic Western management and energy production methods. The Japanese were well-equipped to master inorganic production when the Americans’ Black Ships forced Japan to give up its long-standing autarky because of their significant development of the organic economy, which depended on natural energy flows like wind, water, and fire. This happened as a result of Japan being forced to give up its long-standing autarky by American Black Ships. They were able to develop procedures for the production of inorganic materials as a direct consequence of this.

Personal Position and Opinion:

In summary, both Japan and South Korea had to carry out significant state-led initiatives in order to ensure that the two nations retained their accelerated growth towards industrialization and economic progress. While South Korea was slow to start, its partnership with the American government led to recovery in areas of education, finance, and economics. Entrepreneurship expanded in South Korea leading to a state-led economic transformation. To begin its reforms after the war, the Japanese nobility was stripped of its land, wealth, and rank in conformity with the standards outlined in the postwar constitution. The wealthy landowners were forced to sell their property to the tenants who worked on it for much less than market value. Japan instituted a new economic policy based on social capitalism and embracing a unique economic model that led to success.

References

Haggard, S., Kim, B. K., & Moon, C. I. (1991). The transition to export-led growth in South Korea: 1954–1966. The Journal of Asian Studies, 50(4), 850-873.

Hanashima, M., & Tomobe, K. I. (2012). Urbanization, industrialization, and mortality in modern Japan: A spatio-temporal perspective. Annals of GIS, 18(1), 57-70.

Honda, G. (1997). Differential structure, differential health: industrialization in Japan, 1868-1940. In Health and welfare during industrialization (pp. 251-284). University of Chicago Press.

Moriguchi, C., & Saez, E. (2008). The evolution of income concentration in Japan, 1886–2005: evidence from income tax statistics. The Review of Economics and Statistics, 90(4), 713-734.

Seth, M. J. (2013). An Unpromising Recovery: South Korea’s Post-Korean War Economic Development: 1953-1961. Education About Asia, 18(3), 42.

Sugihara, K. (2004). The East Asian path of economic development: a long-term perspective. In The Resurgence of East Asia (pp. 92-137). Routledge.

Van de Kaa, D. J. (2002). The idea of a second demographic transition in industrialized countries. Birth, 35, 45.

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Interactionism and Labeling Theories

Interactionism and Labeling Theories

Interactionism and Labeling Theories

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Interactionism and Labeling Theories

Crime is considered a negative force in any society. There are different theories and approaches to explain crime and how to do away with it and some of these include interactionism and labeling theories. Interactionism tries to explain the link that exists between crime itself and the social forces which a person has no control over (Williams & McShane, 2018). On the other hand labeling theories view crime from the point whereby the society labels individuals are deviant and therefore commuting crimes.

Interactionism theories hold that crime is as a result of societal structures and formations like patriarchy, consensus and class. The theory brings out its arguments through feminism theory, Marxism and functionalism (Greer, & Reiner, 2014). Therefore these three theories explain how a crime can be considered a crime due to the social conventions for example under patriarchy that a woman is supposed to behave in a certain way and not the other way.

Labeling theory states that the society has the power to govern itself and they always do away with what they feel is not appropriate for them (Brownfield, & Thompson, 2008). Therefore what happens is that the society gives labels to different people who do different things which are against the social conventions in place. For example if a person steals they are labeled as thieves since stealing is a negative vice undesired in that community and society.

References

Brownfield, D., & Thompson, K. (2008). Correlates of Delinquent Identity: Testing Interactionist, Labeling, and Control Theory. International Journal of Criminal Justice Sciences, 3(1).Greer, C., & Reiner, R. (2014). Labelling, Deviance and Media.

Williams III, F.P., & McShane, M.D. (2018). Criminological theory (7th ed.). New York: Pearson.

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Interdisciplinary research process

Interdisciplinary research process

Interdisciplinary research process

The interdisciplinary research process is a textbook that offers a comprehensive treatment of the interdisciplinary research process for the interdisciplinary graduate students who are writing about the theses and dissertations as well as advanced undergraduate students writing about capstone projects. The author Allen Repko offers the most concise and guided resource on the most commonly allowed interdisciplinary studies as well as the principles as outlined in the research process. The text covers topics such as deciding how to choose disciplines which are relevant to the problem or the topic .other topics includes dealing with disciplinary and ideological bias, making explicit the rationale for taking an interdisciplinary approach and choosing research methods appropriately according to the topic or the topic under study. This text is useful to advanced undergraduate and graduate in interdisciplinary studies courses that require research projects or cover methods of social inquiry. Programs in cultural studies, women’s studies, public administration and policy, criminology, urban affairs, evaluation and other areas which an interdisciplinary perspective is often foundational to the curriculum will find this an invaluable course resource which will bring together issues and methods of interdisciplinary in one comprehensive but manageable text.

The authors illustrate each step of the decision-making process by drawing on student and professional work from the natural sciences, humanities and applied fields which are related to it. The book is designed for active learning and problem-based approaches as well as for more traditional approaches. The book provides premier text for interdisciplinary research and advances all studies fields through its systematic treatment of the interdisciplinary research process. The book explains the interdisciplinary research as a process hence the author Repko gives students the framework which is needed to carry out valuable and forward-thinking research.

Furthermore, the book is in a way that it enables the students to think critically. Also, the book enables the students to deal with difficult problems as well as develop skills such as oral communication, public speaking, research skills, media literacy, teamwork, planning, self-sufficiency as well as goal setting that would help them prepare for disciplinary careers and adult life which includes living with one another. Also, the book provides the students with the sense that they require them to apply their skills in fields as well as to investigate issues across many different subject areas or domains of knowledge. Capstones project for example which the book provides its outline tend to encourage students to connect the projects they are undertaking to community-based issues or problems and to integrate outside of school learning experiences in activities such as interviews, scientific observations, and internships.

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Interest Groups and their influence

Interest Groups and their influence

Interest Groups and their influence

“An interest group is an organized body of individuals who share some goals and who try to influence public policy.”                                               — Jeffrey Berry,

Interest groups or pressure groups are an important tool of communications between government and the citizens of USA. These pressure groups aware the government about the ongoing problems of the community or of a particular group by protesting against the government (Hays, 2004). Due to huge fan following and ground level reach to the public, they are easily capable of affecting the policies made by the government in favor of the protesting groups or the citizens. Some of the groups are politically active that changes their minds and make their agenda as per their political and personal needs while some interest groups care for the society (Hays, 2004).Interest groups are pressure groups that exists in all societies around the world. National Association for Advancement of colored people (NAACP) is among such pressure group in USA. It is established in 1989 (NAACP, 2012), which is also nation’s oldest and largest civil rights group in USA. It is an African American organization formed for fighting civil rights in USA.

NAACP is an interest group which is created for fighting for the civil rights of the Black’s in USA. Due to the race difference in USA between Blacks and Whites, Blacks are lagging behind than the White due to less available opportunity available for them. Initially African – Americans aligned themselves with the Republican parties since the era of Abraham Lincoln but after the depression era they turn towards the democrats. Traditionally Democrats are denying civil rights to the African American origin community in USA (Timlines Inc., 2009), but during the great depression they lost their jobs and work hence black voters started switching towards the It is the Roosevelt who invited several African – American leaders to become advisors for the sake of their community so that government can make effective plans according to their needs (Hays, 2004). He also Ensured that their community is entitled to get relief from the government at the time of great depression because all these wooing factors provided at the time of their need make them loyal for the Democrats for a long time.

NAACP pressurizes government for creating policies for the benefit of African American people of USA. The two political parties Democrat’s and republican both have good relation with NAACP (NAACP, 2012). Time to time both the parties supports the issues raised by the NAACP group for raising votes from the African – American community for themselves during election as the group NAACP is very popular among the African – American community and the rest of the citizens of America due to its civil rights campaigns and active participation in citizens day to day needs (NAACP, 2012).

These political parties issues notices from time to time in favor of African – American community. Theses political parties also issues separate manifesto for the respective community people during election. Republican Party in issues calendar’s to promote the journey of their achievements in the field of civil rights. But actually this scheme of the calendar does not go well for republican. Calendar does not publish the achievements of Democrats although they showed that the Democrats are against the civil rights in America and especially for the African – American community of USA (Timlines Inc., 2009).

It is considered that the NAACP is a true follower of Democrats but in open they do not support any political parties and their cause. NAACP publishes guidelines for the political parties and gave then advantage of support from the voters. This report gives importance of African – American community and says that they are the integral part of USA. Due to quiet favorable stand among the voters parties tries to get the support of this group during election because they are the king maker of the Government in USA (Timlines Inc., 2009).

NAACP in their written announcement say’s that the our community will vote for those party who will kept their promises made at the time of election and gaining the communities supports. NAACP also pressurizes the two political parties in interfering in to the state affairs where they felt deceived by the government. In such a way NAACP helps the federal governments in managing and controlling the state affairs as well which are in favor of interest groups like NAACP (Hays, 2004).

References:

BIBLIOGRAPHY l 1033 Hays, R. A. (2004). The Role of Interest Groups. Retrieved from Democracy Papers: http://www.ait.org.tw/infousa/zhtw/docs/demopaper/dmpaper9.html

NAACP. (2012). NAACP contributes to record number of African American voters—new US Census report confirms turnout. Retrieved from NAACP: http://www.naacp.org/pages/naacp-contributes-to-record-number-of-african-american-votersnew-us-census

Timlines Inc. (2009). Republican Party. Retrieved from World History Projects: http://worldhistoryproject.org/topics/republican-party

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Interest Groups

Interest Groups

Interest Groups

Not all interest groups are bad, as many of them still continue to pursue their main objective since the time they were formed. One of such examples of an interest group that serves to help the people in the Texas Organizing Project that was formed to organize the Black and Latino communities in Dallas, Harris and Bexar counties with the primary aim of transforming Texas into a diverse state where working people of color have the power and representation that they deserve. Through this, the group has helped in improving many sectors such as access to healthcare, poverty and education as well as enhancing community organizing. Based on this, the group has greatly helped in empowering people of color. Another interest group that have redeeming qualities include the Texas Teachers Association that was founded in June 1880. The group has been vocal in advocating for the plight of teachers through pushing for resolutions concerning the improvement of the teaching profession and the development of free public schools in Texas. Besides, the groups played a crucial role in the establishment of the first state university in Texas. Based on this, the two interest groups have continued to advocate for the people’s interests.

References

Texas Organizing Project. Retrieved from: https://justfacts.votesmart.org/interest-group/2970/texas-organizing-projectTSTA from 1880 to 1974. Retrieved from: https://www.tsta.org/about_tsta/history/

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