International Labour Standards

International Labour Standards Module -International Perspectives on Industrial Relations QUESTION: Some commentators have argued thatthe adoption of labour standards would threaten the trade prospects of developing countries. Critically evaluate this claim and discuss the policyimplications. In this essay, it is explained that ILO after its foundation following World War One aimed at protecting the fundamental rights at work, creating and securing decent work opportunities for men and women, providing social protection to all the parties concerned and encourage social dialogue. To achieve its aim, ILO works very hard to achieve core labour standards through its member states by giving funds and encouraging them to implement core labour standards and by punishing and discouraging the member states who violate core labour standards. It also, through its campaigns tries to link World Trade Organization with the core labour standards to put extra pressure on the states which are not complying with the set standards. ILO also encourages the member states that they should ratify the convention as after their ratification it becomes the law of the government. ILO has been very active in creating many conventions and they have been trying very hard to encourage countries to have declaration which constitute better policy implications to promote core labour standards in developed and developing countries. It is also explained that how growth of trade is affecting core labour standards and its effect on the particular economy and job sector by giving empirical analysis of developed countries and developing countries. In the case of developed nations Japan and United States were thought of. While doing bilateral trade agreement each country should respect their domestic labour standards and each country while having trade with each other should have high labour standards. In the end, it is explained that developing countries should pay special attention to implement core labour standards and at the same time should take great care while implementing them according to their current domestic or local situation. International Labour Standards and Trade Prospects International labour organization was founded in 1919 after the First World War. Its main aim is to promote working rights, social protection, decent employment opportunities and to deal with work related issues via negotiations and dialogues. In the year 1946, the International Labour Organization became the first specialized agency of the UN. Today, it has 178 members in six continents. It is the only tripartite agency which brings together government, workers and employers to formulate and shape up the policy and programmes. There are four main objectives which ILO is determined to achieve and these are as follows:  § To encourage standards and fundamental principles and rights at work  § To provide vast opportunities for men and women to earn living by securing decent employment  § To provide social protection for all parties concerned  § Strengthen tripartism and social dialogue Source: http://www.ilo.org/global/About_the_ILO/langen/index.htm The ILO is the global body responsible for drawing up and overseeing international labour standards. In todays globalized economy, international labour standards are very important tool in ensuring the growth of the global economy which provides benefits to all. â€Å"The rules of the global economy should be aimed at improving the rights, livelihoods, security, and opportunities of people, families and communities around the world.† (World Commission on the Social Dimension of Globalization, 2004) International labour standards are made with a view to promote opportunities for women and men to obtain decent and productive work in an atmosphere of freedom, equity, security and dignity. The development of the labour standards occurred without international coordination before the First World War and these agreements only concerned with the migrant people from different countries, although they were actually made after the formation of International Labour Organization in 1919. ILO is working very hard to implement core labour standards throughout the world. Core labour standards are those standards which are so basic and universal and can be implemented in all member states irrespective of the economic development of member states. These core labour standards are those which are also described as ILOs four main objectives as mentioned earlier. To achieve these standards ILO held so many conventions since 2006. ILO conveyed 186 conventions and discussed various issues like women working after dark and holiday pay etc. Member states are not required to ratify all conventions but ILO emphasizes member states for ratification of the conventions. Because after the ratification, it becomes a law even for the government who approved of it and thats why they are reluctant to ratify the law although they agree in principle with the law. In order to achieve core labour standards ILO stresses on its publications and condemns those who violate these standards. It puts pressure on the countries which ratify the conventions but are not complying with the law. It has no official authority to punish the state which violates these core labour standards but a tripartite representative can make a complaint and ILO can only do investigation and report its findings. The failure on part of implementation of core labour standards universally led to a suggestion that Core labour standards should be linked with WTO so that it can be used as a tool to enforce core labour standards (Brown, 2001). According to the ILO Constitution (2006c), â€Å"the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries.† ILO is having major problems in the implementation of core labour standards mostly in the developing countries as they are prone to labour rights abuses, with minimum wages, open to child labour exploitation and where the core labour standards are not entirely protected. ILO is working very hard to encourage the developing countries to follow the footprints of developed nations in implementing the core labour standards. Although improvement of core labour standards is essential for the growth or prosperity of a particular country but it is also counterproductive if these core labour standards are introduced in trade agreements as the countries who have comparative advantage in labour intensive goods would not be able to export their goods and therefore its growth and social development will slow down in turn. If a country has low labour standards and by applying trade sanctions it would be inefficient as there would be no trade labour linkage as there is violation of core labour stan dards for example, child labour and forced labour occurs in small, domestic or family firms who have nothing to do with the trade as they are not exporting anything and trade labour linkage is a social clause only limited to trade-impacted products (Robert C. Shelburne, Wage Differentials, Monopsony Labor Markets, and the Trade-Labor Debate, 19 Journal of Economic Integration 1 (March 2004), pp. 131-161.) On the contrary, the trade labour linkage could also be used indirectly when small firms which have nothing to do with the exports subcontracting with the exporting firms which indirectly contribute to the competitiveness of the exposed firms (Peter Morici and Evan Shulz, Labor Standards in the Global Trading System) (Washington, D. C.: Economic Strategy Institute, 2001). Violation of core labour standards can affect trade flows in two ways firstly, by decreasing wages competitiveness is reduced and secondly, child and forced labour will lead to an increase in unskilled labour but it can give developing countries comparative advantage in labour intensive goods and thus increase or boost exports. In 1947, Havana charter was laid down as a link between international trade and labour standards. The purpose of this charter is that all member states should recognize the importance of core labour standards related to their productivity and enhance labour standards within its territory. Due to failure of its ratification from the member states the International trade organization had not been created instead General agreement on Tariff and Trade (GATT) was used as a substitute (GATT Article XX (e)). When World trade organization was only two years old, Singapore ministerial declaration was adopted on 13 December, 1996 and due to absence of consensus again labour trade linkage was denied. Hence, ILO was the only body or organization to tackle labour standards. The difference between Havana Charter and Singapore declaration is that in Havana Charter they recognize that trade disputes are caused due to labour standards in different member states whereas in Singapore Declaration trade related labour standards should be adopted but it should be counterproductive as it prevents trade and distorts comparative advantage for labour intensive developing countries. After the Singapore declaration, ILO set up a world commission on the social dimension of globalization (the final report: A fair globalization Creating opportunities for all) (Geneva: ILO, February 2004). Trade theorists have always argued that growth of trade between developed and developing nations will lead to job losses of unskilled labour in developed countries whereas job gains of unskilled labour in developing countries but the problem is that the job gains of unskilled labour in developing countries is quite high as compared to job losses of unskilled workers in developed nations [Collins, (1998) Machin and Van Reenan, (1998) and Learner, (1998)]. Many countries while doing their bilateral trade, respect the core labour standards. In the U.S Trade Act of 2002, the 6th objective is â€Å"to promote respect for workers right and the right of the children consistent with core labour standards of the ILO.† While engaging in the bilateral trade agreements, every nation should respect the domestic labour standards and must possess high labour standards. In case of any disputes, there is specific institution which has the power to impose sanctions in case of serious flaws in relating to labour standards (International Economics Policy Briefs PB-5; Washington D. C.: Institute of International Economics, April 2001). In December 1998, Mercosur countries (Brazil, Argentina, Paraguay, and Uruguay) adopted a social declaration about promotion and respect of ILO core labour standards. Similar provisions can be found in most of the new regional trade agreements. Developed countries also impose labour standards criteria within the Generalized System of Preferences (GSP) and the World Trade Organization, Enabling Clause, which allows nonreciprocal preferences in favour of developing countries. The European Union also proposes special incentive arrangements for the protection of labour rights, which may be granted to countries whose national legislation, incorporates the rules adopted in the ILO conventions. In order to understand the trade impact of labour standards, empirical analysis of trade manufacturers between developed countries and developing countries will be used. The developed countries in this analysis are Japan and U.S and Six developing countries from Asia. The methodology consists of main items of export and import of each of the countries concerned and classified as export-oriented, import-competing, food, beverage and tobacco, petroleum and related and others and comparative analysis of changes in employment and wages in different categories of industries. Japan and United States are the nations which mainly export skill intensive manufacturers to the developing nations and import labour intensive producers from those nations. Employment in import-competing industries reduces due to growth in trade with the developing countries whereas employment will increase in export orientated industries. As import competing industries are more labour intensive than export-orientated industries therefore the employment of skilled worker will rise and so there wages in developed nations and demand for unskilled labour will fall as a result. Therefore, the share of import competing industries will decline in Japan and U.S whereas the export-orientated industries will either incr ease or remain at stagnant level. Developing countries are expected to export labour intensive manufacturers to developed countries and import skill intensive manufacturers to them. Growth of trade with developed countries should increase the labour intensive industries in developing countries and decrease the skill intensive industries in total manufacturing sector (International Labour Review, Vol.139 (2000), No.3). Therefore, the demand for unskilled labour will increase and the demand for skilled labour will fall thus reducing the wage difference between the skilled and unskilled labour will fall {World Bank (1997)}. Growth of Trade affects employment in the import-competing developed countries and in contrast it stimulates employment in all sectors of manufacturing industries in developing countries. This is because the growth of trade will give foreign exchange to developing countries which obviously they need for their prosperity or economic growth and their income elasticity of demand for import competing is high in developing countries whereas it is low in case of developed countries (Chenery and Strout, 1966). It is presumed that rich and developed countries are more towards international labour standards than developing countries. The violation of core labour standards in developing countries will result in economic distortion and hence lower the national income of developing countries. These violations can be in respect of child labour, gender, racial or other discriminations which in turn risk physical integrity and health (Sandra Polanski, Trade and Labour Standards, A Strategy For Developing Countries (Carnegie Endowment for International Peace, 2003), at ). If the developing countries want to invest in capital accumulation they need to raise their labour standards which in turn will eradicate child labour and other discriminations which can trigger growth of the economy (the pioneer work, Robert Lucas, On the mechanics of economic development, Journal of Monetary Economics 22 (1988), pp. 3-42). Many authors have argued that higher labour standards in developing countries will increas e the demand for unskilled labour as they are labour intensive and will increase the wages of formal employment, discourage foreign and domestic investment and it may become an obstacle for economic growth of a developing country (Singh. A and Zammit. A, The global labour standards controversy: Critical issues for developing countries) (Geneva: South Center, 2000). If the developing countries adopt higher labour standards for example, reduction of child labour then it might have a negative effect on the economy as some of developing countries people are living below the poverty line and if child labour is restricted then it might have a way to other social problems like starvation, prostitution, street labour etc. So, the developing countries must take great care while implementing policies as such sudden policies might have negative effect on the social life of people living in those countries so they must take into account the local or domestic condition into account. On the contr ary, the disappearance of child labour and compulsory education in developed countries like U.S and Britain have very significant effect on their economies as restriction on child labour would increase the employment opportunities for adults and with compulsory education they can specialize in some field or sector by which they can increase their income. So, labour standards can play an important role in promoting economic growth for example, with the improvement of labour standards in developing countries like Bangladeshi garments firms, Pakistani soccer ball manufacturing and West African cocoa production etc, all these industries are growing. In turn they are playing an important role in the growth of their economy respectively (Kimberly Elliott and Richard B. Freeman). Conclusion The absence of core labour standards in World Trade Organization official text other than Singapore Declaration has reinforced the ILO legitimacy. The ILO has given a new life to fundamental conventions which are now largely ratified by member states and became a law for the country who ratify them. It contributes to more efficient labour market and respect the comparative advantage of the developing countries. More cooperation between ILO and WTO is needed. Core labour standards are very helpful in increasing capital accumulation which in turn increase the economic growth of developing countries and decrease the distortions and make human capital accumulation easier. The developed countries should encourage developing countries in the form of incremental aid and other concessions in order to improve their labour standards and if fines or duties are imposed the money from fines and duties must be spent on the betterment of labour standards of a particular country. The developing countries are not in a position to benefit from globalization where trade is shifting from primary commodities to manufacturers. The population in developing countries is increasing at much higher rate than developed countries thus developing countries should give special attention towards restraining the inequality of growth between developed and developing countries and this can be achieved if they make their international policy towards the betterment of infrastructure development. The trade growth of manufacturers in developing countries has adverse effect on unskilled labour in developed countries. Skilled and unskilled labour in developing countries has increased their employment and wages due to growth of trade and in general growth of trade has positive and substantial effects. International labour Organization is playing an important part in strengthening labour standards in developing countries and argues that developed world which has high labour standards now had poor labour standards in the past and developing world can choose the same steps in making their standards high and ultimately boost up their economic growth .They should eradicate Child Labor, Forced labor, and all other discriminations. It might take some time as they have to act according to their domestic environment but slowly and surely they will reach at the point where they will have high labour standards thats why ILO proposed substantial relaxation labour standards for the developing world. References: * Clotilde GrangerJean-Marc Siroà «n.(2006), â€Å"Core Labor Standards in Trade Agreements: From Multilateralism to Bilateralism†.Journal of World Trade,40(5),813-836. Retrieved December 1, 2009 * GATT Article XX (e). * http://www.ilo.org/global * International Economics Policy Briefs PB-5 (Washington D. C.: Institute of International Economics, April 2001). * International Labour Review, Vol.139 (2000), No.3  · Joshua C. Hall Peter T. Leeson, â€Å" Good for the Goose, Bad for the Gander: International Labor Standards and Comparative Development† J Labor Res (2007) 28:658-676 * Peter Morici and Evan Shulz, â€Å"Labor Standards in the Global Trading System† (Washington, D. C.: Economic Strategy Institute, 2001) * Robert C. Shelburne, Wage Differentials, Monopsony Labor Markets, and the Trade-Labor Debate, 19 Journal of Economic Integration 1 {March 2004), pp. 131-161. * Sandra Polanski, â€Å"Trade and Labor Standards, A Strategy for Developing Countries† (Carnegie Endowment for International Peace, 2003), at www.ceip.org/pubs * Singh. A and Zammit. A, â€Å"The global labor standards controversy: Critical issues for developing countries† (Geneva: South Center, 2000) * The final report: A fair globalization Creating opportunities for all, (Geneva: ILO, February 2004).

Examining History :: essays research papers

It is imporatant to carefully examine history in order to learn from previous mistakes, and also to ensure that the same mistakes are not repeated. The Manhattan project is an excellent example. This program allowed the United States to unleash the power of the atom, thus, introducing a new and devastating element into warfare. Although they managed to come in first in the race with Germany, the U.S. bears the responsibility of having introduced the atomic bomb, and have the blood on their hands from the use of it. It is obvious that the U.S. reaped the benefits by introducing the bomb, because no one else had the chance to use it on them. However, it is imperative to realize that when they dropped the bomb they became hypocrates. They did not want it used on them, but were eager to use it on another country. Actually, the U.S. had trouble deciding who to use it on. However, when a target was selected, the results were devastating. There were 170,000 people killed in Hiroshima alone and in Nagasaki, estimates say, nearly 70,000 died. After the bomb was dropped, the resulting radiation killed nearly 70,000 people. The Manhattan Project and the use of the atomic bomb were unfortunate products of a scientific breakthrough and a frantic race; which resulted in a revolution in warfare. The Manhattan Project originated from the Army Corps of Engineers, this division was originally named the Manhattan District. The later name, The Manhattan Project, encompassed the district, the scientific, the governmental and the strategic aspects (4:9). In 1941 President Roosevelt and several American scientists began work on the project (1:1). The bomb was never reffered to as the "atomic bomb" it was referred to as "a new weapon of unusual destructive force" (13:74). The main hub of acivity for this project was in New Mexico, the program lasted from 1942 to 1946. The total cost was nearly 2 billion dollars (1:3). Another important aspect to this program was the secrecy invovlved. It was said that "loose lips sink ships" (13:37). According to Roosevelt the only people who knew about the program at it's conception were Vice President Wallace, the Speaker of the House, the Democratic Leader of the Senate Mr. Barkley, and the Chairman of the Appropriations Committee for the House and Senate (11:27). As time went on it was still kept very quiet, most cabinet members and even more congressmen did not know about it (1:3).

Determinants of Capital Structure in Pakistan Essay

Capital structure refers to the combination of asset financing from different available sources. Normally the companies have two choices, either to finance the assets from internal source that is termed as retained earnings or from external source that splits into debt and equity. A firm’s capital structure is than the composition of its liabilities. In reality, capital structure of firms may be highly complex and consist of number of sources. These sources start from the retained earnings and ends in hybrid securities. The source of funding a capital is also diversified into short term and long term financing. Modigliani-Miller theorem The thinking of capital structure was initiated by the Modigliani-Miller theorem, proposed by Franco Modigliani and Merton miller. They made two findings under perfect market conditions. Their first proposition was that the value of a firm is independent of its capital structure and the second proposition stated that the cost of equity for a leverage firm is equal to the cost of equity for an un-leveraged firm with addition of premium for financial risk. They extended their analysis by including the effect of taxes and risky debt. Under a classical tax system, the tax deductibility of interest makes debt financing valuable. It means the increase in proportion of debt in capital decreases the cost of capital. And eventually the optimal structure would have no equity at all. Later on it was revealed that the imperfections of real world must be the cause of capital structure relevance to firm value. The trade-off and pecking order theory try to address some of these imperfections, by relaxing the M&M assumptions. Trade-off theory Trade-off theory adds another variable called financial distress in the previous studies and explains that although there is an advantage of debt financing and that reaps from the tax benefit shield. But a time come when the high debt give birth to bankruptcy cost and when the optimal level of capital structure is exceeded than the marginal benefit from the tax shield become less attractive than the cost of financial distress occurred due to debt financing. Therefore there exist an optimal debt and equity combination and companies should follow this optimal level of debt and capital ratio. This ratio is similar within one industry but may be different for different industries. The missing point of this theory is that it doesn’t explain the difference in the optimal capital structure ratio of the same industry. Pecking order theory Pecking order theory tries to capture the costs of asymmetric information. That means the managers of a company has more and complete information about the company than investors. The theory states that company’s priorities their financing sources and prefer internal source of funding to external. The hierarchy of sources is such that whenever company needs new funds it tries to fulfill its requirement first from retained earnings than from debt and raise equity as last resort. The pecking order theory is famous by Myers & Majluf(1984) when they argues that equity is a less preferred means to raise capital because when managers issue new equity, investors believe that managers think that the firm is overvalued and managers are taking advantage of this over-valuation. As a result, investors will place a lower value to the new equity issuance. The capital structuring plays vital role in the long run financial decisions of the company. In this paper my focus is on debt financing decisions of the company. I have explored why the companies use this source and what are the factors that determine company’s capital structure decision. The capital structure was firstly discussed by Modigliani & Miller in 1958. Modigliani & Miller (1958), the theorem states that, in a perfect market, how a firm is financed is irrelevant to its value. Gay B.  Hatfield (1994), demonstrated that the firms which issues debt are moving toward the industry average from below, the market will react more positively than when the firm is moving away from the industrial average on the basis of this they classified firms leverage ratios as being above or below their industry average before announcing a new debt issue. They test whether this has an effect on market return for share holders and they have founded that the relationship between a firm’s debt level and that of its industry does appear to be of concern to the market. Laurence Booth(2001), finds whether capital structure decisions differ significantly between developing and developed countries or not? He collected data of 10 developing countries by the international finance corporation and use panel data technique for comparative analysis. They found that the variables that are relevant for explaining capital structures in the United States and European countries are also relevant in developing countries. Jorgensen & Tera(2003), stated that there are many, industrial, accounting, managerial and macroeconomic factors that affect the capital structure decisions. They used sample data of capital structure determinants of 700 companies for the Latin American economies for the period 1986-2000. The study concluded that firms are impacted by company fundamental and macroeconomic forces. Deesomsak, Paudya, & Pescetto(2004), explore about capital structure for the Asian pacific countries. The countries discussed in their study are Malaysia, Singapore, Thailand and Australia. The study explores that environmental and operational factors affect the decisions made for capital structure. The study also investigates that financial crisis of 1997 also affect the capital structure organizations. Shah & Hijazi(2004), investigate the performance of non financial firms for the Pakistan perspective. The observed variables for capital structure are debt ratio, size, growth, leverage and profitability. The results show that there is a positive relationship between size and leverage. The growth is negatively correlated to leverage and the study finds consistent relationship between profitability and leverage. Shah & Khan(2007), investigate the relationship between firm fundamental factors and leverage ratios for the period of 1994 to 2002. They used pool regression model to achieve their purpose. The findings show that earning volatility and depreciation variable are not correlated to leverage ratio. The agency theory is lead by growth factor and pecking order theory bear out by profitability variable. The trade off theory is lead by firm’s size. Daskalakisa & Psillaki(2008), investigate the small and medium firms of Greek and French industries for the period of 1998 to 2002. The similar factors of the firms are used in this study because the same capital structure is employed in these two countries. There is a negative relationship among asset structure, profitability and leverage. The study finds that growth of France industry is statistically significant compare to Greek industry market. The study argues that there are firm specific differences among the countries non country factors. Psillak & Daskalakis(2009) studied small and medium size firm’s performance. The capital structure determinants are size, growth, profitability and risk. The results show that small and medium entrepreneurs affect the performance in a same way. The study explore there is a positive relationship between size and leverage and a negative relationship among growth, profitability and risk factors. Dilek Teker(2009), investigate the fundamentals of the capital structure theories, they assumed determinants can be related to find out whether some priori assumed macroeconomic determinants can be related to leverage parameters of interest or not. For this purpose, they conducted an empirical research that covers 42 selected firms traded at the Istanbul Stock Exchange ISE-100 index. Following the developments in the contemporaneous estimation techniques that allow us to use time series and cross section data concurrently, the panel data methodology has been applied to the actual data to compute the leverage ratios for each firm within the time period 2000-2007. From this, they highlight the issue of what properties the leverage ratios have and to satisfy our interest about how can the macroeconomic determinants affect the leverage ratios under various groupings such as tangibility, size, growth opportunities, profitability and non debt tax shields. Our main results return on assets and tangibility of assets have a positive and statistically significant impact on the firm’s leverage ratio, while the ratio of total depreciation to total assets and profit margin on sales seem to have some negative and significant impacts on Firms’ leverage degree. Tugba Bas(2009), worked on determinants of capital structure of small and medium enterprises in emerging markets. They used pooled data for 25 countries obtained from World Bank enterprises survey and applied panel data OLS technique for analysis. They found that tangibility is inversely related with leverage hence opposite for small firms. Profitability follows the pecking order theory and is also negative related. Firm size and GDP growth has positive relation with leverage. Inflation has negative impact on the leverage but interest rates pose positive relationship. Shun-Yu Chen(2011), the purpose of this paper is, to present empirical evidence on the determinants of capital structure and firm value in a newly industrialized country. The firm characteristics are analyzed as determinants of capital structure according to different explanatory theories. The findings of this study suggest that firm size, profitability and asset structure can be considered explanatory variables of capital structure. The firm size, profitability and capital structure affect book value. So the determinants of market value are profitability and firm size. Furthermore the capital structure negatively affects market value in electronic firms, but does not affect market value in non-electronic ones.

Marketing Analysis Marketing Audit - 1229 Words

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Marketing inspects the functionalities of the company’s marketing department by comparing the plans with its actual performance of current marketing activities. Specifically, it figure outs the strengths and weaknesses of a company s product being marketed. It provides appropriate recommendations to reduce product’s weaknesses and guides towards appropriate marketing strategies and plans to change firm’s current marketing environment. Company can implement the changes to control its own marketing expenses. According toShow MoreRelatedMarketing Analysis : Marketing Audit Essay1049 Words   |  5 Pagesviews on Marketing Audit. As we all know, Marketing Audit is a systematic, critical and appraisal of the total marketing operation of the objectives and policies and the assumptions which underlie them as well as the methods, procedures, personnel and organization employed to implement the poli cies and achieve the objectives. 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Leadership, Management and Ethics - 1228 Words

Ethics Leadership and Ethical Decision-Making INTD670-1202B-01 Phase 1 DB 2 Leadership, Management, and Ethics Professor Cynthia Roundy CTU Deborah Lam May 21, 2012 As the new leader and compliance officer with ECG I want to go over and discuss how a leader and a manager are different, and a definition of what a leader is and what a manager is. This document will also cover the responsibilities and accountabilities are for a leader and how the new leader will impact ECG. A manager is someone who is in leads of a certain group of tasks, or a certain part of a company. They usually have workers who report to them, (Business Dictionary.com, 2012). A leader is someone who influences a group of people†¦show more content†¦There are also differences between the two like: management is task-oriented and leadership is more inspirational and visionary. The definitions are different for both; however it is also possible for someone to work effectively in performing both fields, (Ricketts, n.d.). 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The Students Language Learners ( Ells ) - 1641 Words

Within the past ten years, the number of English Language Learners (ELLs) has doubled. An increase of more than 2 million ELL students in the U.S schools, left professionals within the field of education with no choice but to face the challenge of understanding cultural differences. In addition to this, educators must understand how these differences affect students’ language development, learning style, academic achievement and most importantly, his or her performance on standardized tests. These differences must be understood, valued and respected by all service providers, especially those who are involved in the decision making process concerning the placement of students in special educational programs. (Roseberry-McKibbin, 2014). One approach that values ELLs’ cultural characteristics and differences is the use of efficacious and nonbiased standardized tests that are culturally and linguistically sensitive. 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Ethical Approaches of Apple and FBI †Free Assignment Sample

Question: This is a case study analysis which requires you to research the case and then critically apply and/or evaluate the application of theory in this situation. The assessment is focussed on the identification of the theory features application of the theory. Restating the theory or facts from the case does not meet the assessment grading criteria. Please refer to the assessment guidelines as shown in the PowerPoint slides. Answer: Introduction This particular paper is critically developed because of the significant refusal of Apple Inc. to the requests of police and military authorities of for unlocking the mobile phone of a suspected terrorist. This particular scenario involving the Apple and the federal agency of United States of America gives rise to the emergence of multiple ethical constraints within the modern day global environment. The particular action behind such a refusal made by Apple should need to be discussed to develop a proper understanding of the chosen context (Baggini, 2012). The scenario began with the individual practice of Apple back in 2014 when the company decided to introduce a unique and enhanced encryption protocol for different apps in its iPhone models. With the launch of the new encryption module in September 2014 and integrated into the particular operating system of its iPhone devices, it becomes almost impossible for the company to break into the information shared by its users upon the re quest of different investigators. The particular consequence of the identified situation is profoundly distinct from the past example, where investigators from various authoritative agencies can have the access to the devices designed and manufactured by the company if a proper search warrant is provided to the headquarter of Apple (Boatright, 2013). It is further observed that this sudden shift in a decision made by the corporation is based on addressing the increasing amount of responses related to the different concerns over the digital privacy and lack of trusts among the population about the various activities of the digital spies of America. The particular trend among the people emerged following the incident related to the significant disclosures from Edward Snowden, a former contractor for the National Security Agency (Bowie, 2013). Hence, it is necessary to examine and evaluate the indeed identified case for critically applying the theoretical application in accordance with the particular situation in the global environment. Critical Discussion Based on the information obtained from analysing an article as part of Blogmaverick, produced in February 2016, it can be determined that FBI instructed Apple to develop a particular version of iOS, which would allow the FBI to install the same version on the phone used by the terrorist. The primary intension of such instruction was to make use of the brute force method for pushing through all the password combinations associated with the phone until the iPhone gets unlocked (Bredeson, 2012). The principle objective behind such an instruction given the by the FBI is to search and examine any information that would assist them to investigate the horrific act of terrorism. Therefore, it can be observed that the increasing importance is provided to this particular ethical dilemma due to the alarming impact of raising terrorism affecting the global economy and national treasures of the leading countries. In this case, the refusal made by Apple is because the expected intension of FBI has no certainty of achieving a successful accomplishment if Apple complies with such an order (Collins, 2012). For an example, if the terrorist in possession with the particular phone uses a variety of numbers, letters, and symbols to (or intending to) constructing the password, it would take years to crack such pin for the official agencies to unlock the phone. Furthermore, there is no guarantee that the individual did not use a third party application, which does not have any additional encryption in case the agency is successful in terms of accessing the phone. Not necessarily, the third party apps or systems, the FBI can encounter with different apps designed by Apple (Crane Matten, 2012). These particular facts have led Apple to make such a decision to counter the request made by the FBI. By conducting an in-depth analysis, the result of the specific approach made by the company back in 2014 leads all the data in the Apples devices to become encrypted by default. Due to the encryption, the users will require a passcode to access the data stored on the instrument once it is locked, and the ten repeatedly failed attempt will automatically erase the particular information. Influenced by the Edward Snowden revelations, the appropriate decision to encrypt Apple makes the data for forming a proper response (Firth, 2012). The absolute strength of the encryption applied by Apple suggests that even the staffs of the company cannot have the access to the private data shared by its users as well. In this case, the theory related to the ethical dilemma can be observed critically. According to the statement made by Dave Lee of BBC, "Apple decided to enable encryption by default to avoid precisely this kind of ethical dilemma." Therefore, different ethical theories applying to the identified context should need to be elaborated with maintaining the proper discussion. Consequentialism Based on this particular theory, it rests on the development of actions depends on bringing ordinary consequences to the overall society by judging the majority of the context. It is expected that the substantial outcome of the activities followed by the company should need to bring positive implications to the overall community (Halbert Ingulli, 2012). The morality of the context is based on the specified portion of good and evil with the accordance to the perception of people regarding what is wrong, and what is right. Based on the definition of the society, the particular factors associated with the good or evil is developed. This particular fact leads to the ethical egoism stating that the actions engaged by a business should need to be formulated in a fashion to serve the best interest of the company in the long-running basis. Therefore, it can be critically analysed and determined that the consequentialism factor is adequately considered during the time of taking such a major decision in 2014 (Haukur Ingi Jo nasson. Ingason, 2013). It is observed that the particular decision made by the company serves the fundamental interest of the business for the long-term aspect. In the case of the personal egoism, the actions are defined according to the long run benefit of the individual or the business, where there is no mention about the reactions or responses of the other parties. Therefore, this particular theoretical application can also be found in the inevitable decision to form the encryption after the revelations of Edward Snowden. Apple Inc. does not consider it about the individual drawbacks would be faced by the investigative agencies of the sound level caused by the particular decision. Values Clarification The theory related to the values clarification or the philosophical relativism refers to the most valuable aspect is not developed by the belief of a certain individual, but it should need to be produced by evolving an awareness related to the feelings, values, and beliefs of the others (Jeffrey, 2013). Therefore, the particular definition of the theory suggests the consideration of the alternative models for shaping up the acting and thinking. Considering this particular acknowledgement, it can be determined that the individuals or the businesses gain their values by independently making their choices. On the other hand, it is also a major fact that the particular decisions affect the thinking of others. The certain scenario regarding the decision of Apple provided major influences to the police and military authorities of the country. Based on the specific discussion, it is ascertained that the businesses should need to be driven by their values, as these entities are always want to create values out of their products or services (Michalos, 2013). The organizations, in this case, should need to attempt to develop a proper clarification of the values by highly emphasising on their feelings related to the contemporary society as part of the business environment. The value clarification varies from one organization to another organization, which is dependent on the distinction of truths and beliefs. Therefore, the methodologies applied by multiple organization are also distinct from each other. The particular understanding leads Apple to take one of its vital decisions regarding the security modification in its iPhone products (Murdock Foster, 2012). The particular decision is based on providing values to the opinions of its users based on the appropriateness of actions safeguarding their personal data stored and sh ared with the device. Based on this particular analysis, it is reflected that Apple provides high value to its customers rather than the authoritative requests in order to promote the enhancement of its customer base and become the leader in its respective industry. Utilitarianism Based on the application of the utilitarianism concept, it emphasises on the development of a moral standard for the promotion of the best interest of the majority of the society in a long-running basis. In this situation, the factors concerned by everyone is described to provide the priority (Poruthiyil, 2013). Different experts are agreeing on the concepts of utilitarianism, simply defined as the utilitarianists, and provided importance to the intrinsic factors more precisely. These intrinsic factors are majorly observed to be happiness and pleasure. On the other hand, some other opinions suggest that power, beauty, or knowledge also serve mainly to the development of the intrinsic factors. The utilitarian action developed by an individual or business suggests the development of the action to the greatest ratio of good to the evil scenarios concerned with the particular environment of the firm. On the other hand, there is the involvement of the rule utilitarianism, which suggests t hat there is a specific utilitarian value in certain actions developed by the firm (Pride, Hughes, Kapoor, 2012). Based on this particular fact, the general rules are adopted and implemented within the context of driving the business to the specific direction. In the case of Apple Inc., the refusal to grant the request of the FBI suggests the utilitarian approach, as the firm takes the particular decision with the aim of providing greater utility to its users based on the maintenance of privacy and safety from the outside interference. This is the vital fact, which leads the significant approach of the company to be criticised by the administrative bodies of the global environment. Ethical Approaches of Apple and FBI The global technologic industry has experienced a major uproar over the incident related to the revelation of a series of court orders instructing Apple Inc. to come into the settlement with the FBI to assist their process of investigation. The FBI seeks the help of Apple in order to crack into the iPhone of the deceased San Bernardino shooters named Tashfeen Malik and Syed Rizwan Farook (Rothlin Haghirian, 2013). In a public letter towards its customers, the CEO, Tim Cook, on behalf of Apple Inc. denied any associated with the government for providing them the access to their encrypted system. On the other side, the FBI countered their particular request by stating that the petition is highly reasonable in terms of bringing justice to the victim due to the special act of terrorism. Therefore, the major question pertaining the core ethical dilemma arising out of the scenario is based on whether a company is liable to develop a mechanism for the law and enforcement authorities to pro vide them the needful assistance related to its design. Here, the assistance suggests any kind of compromise with the law and enforcement authority by the company related to the different security issues. By analysing the overall situation, it can be determined that such an incident gives rise to the significant amount of ethical dilemmas for the firms operating in the technology industry in the global as well as the national or regional environment (Shaw Barry, 2013). The customers and several important business relationships are highly affected due to the short-term impact of the scenario. On the other hand, the similar situation provokes the similar kind of demand from the government of other countries as well. The particular scene also depicts a long-term ethical dilemma by considering the efforts of the FBI. In this case, the efforts made by the FBI ultimately and ironically undermined the broader aims of the agency by insisting the company build their devices with maintaining the infiltrative design for accessing the critical data and information. Based on the overall investigation to this particular context, the precise incident between Apple and FBI is just the latest instance amongst the years-long battle between the privacy and security minded groups and the legal enforcement community (Tong, 2012). In the rise of technology in the modern day environment, the process of communication become increasingly and continuously digitalised leading the specified authorities to direct the industries for providing their assistance. The principal objective of such assistance is based on ensuring the establishment of the government backdoor for breaking the security technology. From the context of the technology industry, different companies and privacy activists vigorously opposed to kind of proposed government backdoor for safety and encryption technologies adopted in the related product designs. The involvement of different civil liability groups can be critically observed in this certain scenario. America Civil Liabilities Union (A CLU) and Electronic Frontier Foundation (EFF) safeguarded the particular right related to the privacy concern by stating the aspect as an incontrovertible (Zsolnai, 2013). Based on the analysis made by the computer scientist from the contemporary environment, it is pointed out that compromising with the law and enforcement authority or accepting the particular scheme by the government would cause the devastating security susceptibility for the wide range of users. This particular backdoor is also known as the golden keys, as the particular scheme will provide different facilities to the hackers around the world alongside the foreign governments to exploit the particular the particular information shared by the users. Therefore, the proper ethical response can be developed by judging the overall scenario (Pride, Hughes, Kapoor, 2012). It should need to make sure that there is no transaction between the security and privacy concerns of the vast amount of users, as the process will we aken the security interest of every single individual by weakening the encryption. Conclusion Based on the statement included in the letter produced by the CEO of Apple Inc., Mr Tim Cook, the company has provided whatever the legal resources and directions to the legal enforcement committee in the previous context as well as the current investigation. However, Cook refused when the FBI asked the companys engineers to design them a tool, which will allow their agents to bypass the security system included in the iPhone devices. By looking at the scenario, it can be determined by considering the statement of Cook that Apple also wants to bring justice for the victims of the horrendous act of terrorism just like the legislative authority (Haukur Ingi Jo nasson. Ingason, 2013). However, complying with such a request of the institutional agencies would subsequently lead the scenario to violate the trust of its consumers fundamentally. Therefore, it would cost any tech giant to experience the major ethical dilemma by publicly compromising the particular integrity of the devices . It is unlikely that such a request would be a one-time deal with the legislative authorities of the country despite the assurance provided by the FBI Director James Comey. However, considering the significant concerns over the generated precedents and vulnerabilities due to the individual action, the particular ethical approach adopted by Apple Inc. can be stated rightful and appropriate. References Baggini, J. (2012).Ethics. London: Quercus. Boatright, J.(2013). Ethics in finance. Bowie, N. (2013).Business ethics in the 21st Century. Dordrecht: Springer. Bredeson, D. (2012).Applied business ethics. Mason, Ohio: South-Western/Cengage Learning. Collins, D. (2012).Business ethics. Hoboken, N.J.: John Wiley Sons. Crane, A. Matten, D. (2012).New directions in business ethics. Los Angeles: SAGE Publications. Firth, L. (2012).Ethics in business. Cambridge: Independence. Halbert, T. Ingulli, E. (2012).Law ethics in the business environment. Mason, OH: South-Western Cengage Learning. Haukur Ingi Jo nasson., Ingason, H. (2013).Project ethics. Farnham, Surrey, England: Gower. Jeffrey, C. (2013).Research on professional responsibility and ethics in accounting. Bingley, U.K.: Emerald.