Search results for: transnational business negotiations
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3159

Search results for: transnational business negotiations

3159 Juridically Secure Trade Mechanisms for Alternative Dispute Resolution in Transnational Business Negotiations

Authors: Linda Frazer

Abstract:

A pluralistic methodology focuses on promoting an understanding that an alternative juridical framework for the regulation of transnational business negotiations (TBN) between private business parties is fundamentally required. This paper deals with the evolving assessment of the doctoral research of the author which demonstrated that due to insufficient juridical tools, negotiations are commonly misunderstood within the complexity of pluralistic and conflicting legal regimes. This inadequacy causes uncertainty in the enforcement of legal remedies, leaving business parties surprised. Consequently, parties cannot sufficiently anticipate when and how legal rights and obligations are created, often counting on oral or incomplete agreements which may lead to the misinterpretation of the extent of their legal rights and obligations. This uncertainty causes threats to business parties for fear of creating unintended legal obligations or, conversely, that law will not enforce intended agreements for failure to pass the tests of contractual validity. A need to find a manner to set default standards of communications and standards of conduct to monitor our evolving global trade would aid law to provide the security, predictability and foreseeability during alternative dispute resolution required by TBN parties. The conclusion of this study includes a proposal of new trade mechanisms, termed 'Bills of Negotiations' (BON) to enhance party autonomy and promote the ability for TBN parties to self-regulate within the boundaries of law. BON will be guided by a secure juridical institutionalized setting that caters to guiding communications during TBN and resolving disputes that arise along the negotiation processes on a fast track basis.

Keywords: alternative resolution disputes, ADR, good faith, good faith, juridical security, legal regulation, trade mechanisms, transnational business negotiations

Procedia PDF Downloads 118
3158 Negotiating Across Cultures: The Case of Hungarian Negotiators

Authors: Júlia Szőke

Abstract:

Negotiating across cultures needs consideration as different cultures have different norms, habits and behavioral patterns. The significance of cross-cultural negotiations lies in the fact that many business relationships have already failed due to the lack of cultural knowledge. Therefore, the paper deals with cross-cultural negotiations in case of Hungarian business negotiators. The aim of the paper is to introduce the findings of a two-phase research conducted among Hungarian business negotiators. In the first phase a qualitative research was conducted to reveal the importance of cultural differences in case of cross-cultural business negotiations from the viewpoint of Hungarian negotiators, whereas in the second phase a quantitative one was conducted to figure out whether cultural stereotypes affect the way how the respondents negotiate with people coming from different cultures. The research found out that in case of Hungarian negotiators it is mostly the lack of cultural knowledge that lurks behind the problems and miscommunication occurring during the negotiations. The research also revealed that stereotypes have an influence on the negotiation styles of Hungarian negotiators. The paper concludes that culture and cultural differences must be taken into consideration in case of cross-cultural negotiations so that problems and misunderstandings could be avoided.

Keywords: business, culture, negotiations, stereotypes

Procedia PDF Downloads 204
3157 The Influence of National Culture on Business Negotiations: An Exploratory Study of Venezuelan and British Managers

Authors: Mohamed Haffar, Loredana Perez

Abstract:

Significant attention has recently been paid to the cross-cultural negotiations due to the growth of international businesses. Despite the substantial body of literature examining the influence of national culture (NC) dimensions on negotiations, there is a lack of studies comparing the influence of NC in Latin America with a Western European countries, In particular, an extensive review of the literature revealed that a contribution to knowledge would be derived from the comparison of the influence of NC dimensions on negotiations in UK and Venezuela. The primary data was collected through qualitative interviews, to obtain an insight about the perceptions and beliefs of Venezuelan and British business managers about their negotiating styles. The findings of this study indicated that NC has a great influence on the negotiating styles. In particular, Venezuelan and British managers demonstrated to have opposed negotiating styles, affecting the way they communicate, approach people and their willingness to take risks.

Keywords: national culture, negotiation, international business, Venezula, UK

Procedia PDF Downloads 438
3156 Corporate Social Responsibility: An Ethical or a Legal Framework?

Authors: Pouira Askary

Abstract:

Indeed, in our globalized world which is facing with various international crises, the transnational corporations and other business enterprises have the capacity to foster economic well-being, development, technological improvement and wealth, as well as causing adverse impacts on human rights. The UN Human Rights Council declared that although the primary responsibility to protect human rights lie with the State but the transnational corporations and other business enterprises have also a responsibility to respect and protect human rights in the framework of corporate social responsibility. In 2011, the Human Rights Council endorsed the Guiding Principles on Business and Human Rights, a set of guidelines that define the key duties and responsibilities of States and business enterprises with regard to business-related human rights abuses. In UN’s view, the Guiding Principles do not create new legal obligations but constitute a clarification of the implications of existing standards, including under international human rights law. In 2014 the UN Human Rights Council decided to establish a working group on transnational corporations and other business enterprises whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. Extremely difficult task for the working group to codify a legally binding document to regulate the behavior of corporations on the basis of the norms of international law! Concentration of this paper is on the origins of those human rights applicable on business enterprises. The research will discuss that the social and ethical roots of the CSR are much more institutionalized and elaborated than the legal roots. Therefore, the first step is to determine whether and to what extent corporations, do have an ethical responsibility to respect human rights and if so, by which means this ethical and social responsibility is convertible to legal commitments.

Keywords: CSR, ethics, international law, human rights, development, sustainable business

Procedia PDF Downloads 346
3155 Leaving to Make a Living: Differences on the Subjective Well-Being of Children in Transnational Families and in Families Living Together

Authors: Rachelle Angeli Maranon

Abstract:

This research explored the relationships of a child’s family condition, sex and subjective well-being (SWB) to gain some understanding of the experiences of both transnational and non-transnational families. A descriptive-correlational design was used to study the variables. Participants included 52 male and female children from Iloilo and Kabankalan cities, representing the family conditions in this study. Data were gathered using a semi-structured interview guide. Responses were analyzed using Mann-Whitney U Test. The results showed that the SWB of non-transnational children was significantly higher compared to their transnational counterparts (U = 134, p = .00). Also, analysis between females and males indicated a significant difference only on some aspects (U = 318, p = .71). Some recommendations were suggested to better understand the plight of the left-behind children.

Keywords: left-behind children, mothers, subjective well-being, transnational families

Procedia PDF Downloads 412
3154 Analysis of Complex Business Negotiations: Contributions from Agency-Theory

Authors: Jan Van Uden

Abstract:

The paper reviews classical agency-theory and its contributions to the analysis of complex business negotiations and gives an approach for the modification of the basic agency-model in order to examine the negotiation specific dimensions of agency-problems. By illustrating fundamental potentials for the modification of agency-theory in context of business negotiations the paper highlights recent empirical research that investigates agent-based negotiations and inter-team constellations. A general theoretical analysis of complex negotiation would be based on a two-level approach. First, the modification of the basic agency-model in order to illustrate the organizational context of business negotiations (i.e., multi-agent issues, common-agencies, multi-period models and the concept of bounded rationality). Second, the application of the modified agency-model on complex business negotiations to identify agency-problems and relating areas of risk in the negotiation process. The paper is placed on the first level of analysis – the modification. The method builds on the one hand on insights from behavior decision research (BRD) and on the other hand on findings from agency-theory as normative directives to the modification of the basic model. Through neoclassical assumptions concerning the fundamental aspects of agency-relationships in business negotiations (i.e., asymmetric information, self-interest, risk preferences and conflict of interests), agency-theory helps to draw solutions on stated worst-case-scenarios taken from the daily negotiation routine. As agency-theory is the only universal approach able to identify trade-offs between certain aspects of economic cooperation, insights obtained provide a deeper understanding of the forces that shape business negotiation complexity. The need for a modification of the basic model is illustrated by highlighting selected issues of business negotiations from agency-theory perspective: Negotiation Teams require a multi-agent approach under the condition that often decision-makers as superior-agents are part of the team. The diversity of competences and decision-making authority is a phenomenon that overrides the assumptions of classical agency-theory and varies greatly in context of certain forms of business negotiations. Further, the basic model is bound to dyadic relationships preceded by the delegation of decision-making authority and builds on a contractual created (vertical) hierarchy. As a result, horizontal dynamics within the negotiation team playing an important role for negotiation success are therefore not considered in the investigation of agency-problems. Also, the trade-off between short-term relationships within the negotiation sphere and the long-term relationships of the corporate sphere calls for a multi-period perspective taking into account the sphere-specific governance-mechanisms already established (i.e., reward and monitoring systems). Within the analysis, the implementation of bounded rationality is closely related to findings from BRD to assess the impact of negotiation behavior on underlying principal-agent-relationships. As empirical findings show, the disclosure and reservation of information to the agent affect his negotiation behavior as well as final negotiation outcomes. Last, in context of business negotiations, asymmetric information is often intended by decision-makers acting as superior-agents or principals which calls for a bilateral risk-approach to agency-relations.

Keywords: business negotiations, agency-theory, negotiation analysis, interteam negotiations

Procedia PDF Downloads 112
3153 Exploring the Cross-Cultural Practice of Transnational Community in Taiwan

Authors: Ya-Hsuan Wang

Abstract:

This project of intercultural education aimed to explore pluricultural people’s interpretation and evaluation of the transnational community in Taiwan. Based on transnationalism and transculturalism, this study concerns the human right issues for immigrants and pluricultural people. Research participants as immigrants in Taiwan were asked about their typical thinking styles in the transnational community, their cultural integration in terms of transnational behaviors, and their collective memory of the transnational community. Interview questions included what key factors were involved in their identity negotiation, what roles the transnational community and collective memory would be for their identity negotiation and what were the positive or negative aspects impacting cross-border identity. Based on the experiences of pluricultural people and transnational communities, this project expected to enhance the depth and width of developing transcultural knowledge in textbook reform on History in K-12 schools. It is to transform cross-border identity into knowledge embedded with local culture in response to globalization and localization. The purpose of this paper is to portrait the cross-cultural practice of transnational community for Taiwan’s immigrants. It is to report their external socio-cultural expectation of ethnic economics, to understand their internal life course of national identity, and to clarify transnational community in relation to their cross-border identity. In conclusion, the cross-cultural practice of transnational community combined the external contexts such as ethnic economic interaction among transnational communities, social report and ethnic industry, and the internal contexts such as ethnic identity, language use, and collective memory in ethnic history.

Keywords: cross-cultural practice, immigrants, pluricultural people, transnational community

Procedia PDF Downloads 167
3152 Postmodern Navy to Transnational Adaptive Navy: Positive Peace with Borderless Institutional Network

Authors: Serkan Tezgel

Abstract:

Effectively managing threats and power that transcend national boundaries requires a reformulation from the traditional post-modern navy to an adaptive and institutional transnational navy. By analyzing existing soft power concept, post-modern navy, and sea power, this study proposes the transnational navy, founded on the triangle of main attributes of transnational companies, 'Global Competitiveness, Local Responsiveness, Worldwide Learning and Innovation Sharing', a new model which will lead to a positive peace with an institutional network. This transnational model necessitates 'Transnational Navies' to help establish peace with collective and transnational understanding during a transition period 'Reactive Postmodern Navy' has been experiencing. In this regard, it is fairly claimed that a new paradigm shift will revolve around sea power to establish good order at sea with collective and collaborative initiatives and bound to breed new theories and ideas in the forthcoming years. However, there are obstacles to overcome. Postmodern navies, currently shaped by 'Collective Maritime Security' and 'Collective Defense' concepts, can not abandon reactive applications and acts. States deploying postmodern navies to realize their policies on international platforms and seapower structures shaped by the axis of countries’ absolute interests resulted in multipolar alliances and coalitions, but the establishment of the peace. These obstacles can be categorized into three tiers in establishing a unique transnational model navy: Strategic, Organizational and Management challenges. To overcome these obstacles and challenges, postmodern navies should transform into cooperative, collective and independent soft transnational navies with the transnational mentality, global commons, and institutional network. Such an adaptive institution can help the world navigate to a positive peace.

Keywords: postmodern navy, transnational navy, transnational mentality, institutional network

Procedia PDF Downloads 482
3151 Baseline Study on Human Trafficking Crimes: A Case Study of Mapping Human Trafficking Crimes in East Java Province, Indonesia

Authors: Ni Komang Desy Arya Pinatih

Abstract:

Transnational crime is a crime with 'unique' feature because the activities benefit the lack of state monitoring on the borders so dealing with it cannot be based on conventional engagement but also need joint operation with other countries. On the other hand with the flow of globalization and the growth of information technology and transportation, states become more vulnerable to transnational crime threats especially human trafficking. This paper would examine transnational crime activities, especially human trafficking in Indonesia. With the case study on the mapping of human trafficking crime in East Java province, Indonesia, this paper would try to analyze how the difference in human trafficking crime trends at the national and sub-national levels. The findings of this research were first, there is difference in human trafficking crime trends whereas at the national level the trend is rising, while at sub-national (province) level the trend is declining. Second, regarding the decline of human trafficking number, it’s interesting to see how the method to decrease human trafficking crime in East Jawa Province in order to reduce transnational crime accounts in the region. These things are hopefully becoming a model for transnational crimes engagement in other regions to reduce human trafficking numbers as much as possible.

Keywords: transnational crime, human trafficking, southeast Asia, anticipation model on transnational crimes

Procedia PDF Downloads 262
3150 Exploring the Experiences of Transnational TESOL Professionals about Their Writing Assessment Practices: A Critical Ethnography in the Saudi EFL Context

Authors: Abdullah Alshakhi

Abstract:

This study aims to explore the assessment practices of transnational western teachers in Saudi EFL writing classrooms. The study adopts a critical ethnographic approach to understand the views and the experiences of four transnational TESOL professionals about how they navigate and negotiate their writing assessment practices in the Saudi EFL context. The qualitative data were collected through classroom observations and video recordings of the classroom teaching, which were followed by semi-structured interviews with the four TESOL teachers from Australia, England, USA, and Ireland. The data were analyzed from three perspectives of these transnational TESOL teachers in the Saudi EFL context: as a transnational teacher in monolingual context, as a transitional teacher abides by the prescribed curriculum and assessment instructions, and as a transnational teacher’s vision for monolingual students. The results of the study revealed that owing to the transnational teachers’ lack of understanding of the Saudi monolingual culture, bureaucratic structures, and top-down assessment policies in the institute where they work, their teaching and assessment of writing and other language skills are negatively affected and consequently had to be modified. Also, the Saudi learners’ lack of interest and their lower level of English proficiency pose serious challenges to those transnational teachers’ writing assessment practices. More often, the teachers find the prescribed writing curriculum and assessment tools ineffective in the Saudi EFL context. Because of these experiences, the transnational teachers in this study have exhibited their awareness of their monolingual/monoculture background, Saudi’s cultural and religious values, and institutional structures, which have helped them customize or supplement the writing assessment practices accordingly.

Keywords: critical ethnography, Saudi EFL context, TESOL professionals, transnationalism, writing assessment

Procedia PDF Downloads 91
3149 Cross-Cultural Conflict Management in Transnational Business Relationships: A Qualitative Study with Top Executives in Chinese, German and Middle Eastern Cases

Authors: Sandra Hartl, Meena Chavan

Abstract:

This paper presents the outcome of a four year Ph.D. research on cross-cultural conflict management in transnational business relationships. An important and complex problem about managing conflicts that arise across cultures in business relationships is investigated, and conflict resolution strategies are identified. This paper particularly focuses on transnational relationships within a Chinese, German and Middle Eastern framework. Unlike many papers on this issue which have been built on experiments with international MBA students, this research provides real-life cases of cross-cultural conflicts which are not easy to capture. Its uniqueness is underpinned as the real case data was gathered by interviewing top executives at management positions in large multinational corporations through a qualitative case study method approach. This paper makes a valuable contribution to the theory of cross-cultural conflicts, and despite the sensitivity, this research primarily presents real-time business data about breaches of contracts between two counterparties engaged in transnational operating organizations. The overarching aim of this research is to identify the degree of significance for the cultural factors and the communication factors embedded in cross-cultural business conflicts. It questions from a cultural perspective what factors lead to the conflicts in each of the cases, what the causes are and the role of culture in identifying effective strategies for resolving international disputes in an increasingly globalized business world. The results of 20 face to face interviews are outlined, which were conducted, recorded, transcribed and then analyzed using the NVIVO qualitative data analysis system. The outcomes make evident that the factors leading to conflicts are broadly organized under seven themes, which are communication, cultural difference, environmental issues, work structures, knowledge and skills, cultural anxiety and personal characteristics. When evaluating the causes of the conflict it is to notice that these are rather multidimensional. Irrespective of the conflict types (relationship or task-based conflict or due to individual personal differences), relationships are almost always an element of all conflicts. Cultural differences, which are a critical factor for conflicts, result from different cultures placing different levels of importance on relationships. Communication issues which are another cause of conflict also reflect different relationships styles favored by different cultures. In identifying effective strategies for solving cross-cultural business conflicts this research identifies that solutions need to consider the national cultures (country specific characteristics), organizational cultures and individual culture, of the persons engaged in the conflict and how these are interlinked to each other. Outcomes identify practical dispute resolution strategies to resolve cross-cultural business conflicts in reference to communication, empathy and training to improve cultural understanding and cultural competence, through the use of mediation. To conclude, the findings of this research will not only add value to academic knowledge of cross-cultural conflict management across transnational businesses but will also add value to numerous cross-border business relationships worldwide. Above all it identifies the influence of cultures and communication and cross-cultural competence in reducing cross-cultural business conflicts in transnational business.

Keywords: business conflict, conflict management, cross-cultural communication, dispute resolution

Procedia PDF Downloads 122
3148 Radical Islam and Transnational Security: West Africa and the Asia Pacific in View

Authors: Olumide A. Fafore, Khondlo Mtshali

Abstract:

The beginning of the 21st century saw the emergence of new and global threats to national and transnational security in West Africa and the Asia Pacific regions as a result of the spread of jihadist terrorism across borders, a manifestation of the rise of radical Islam. Extremist and armed Islamic movements influenced by Salafism, the Jihad in Afghanistan and the Muslim Brotherhood are prevalent in Northern Nigeria, Niger, Cameroon, Mali, Chad, Pakistan, Afghanistan, and India. Carrying out attacks across borders, including assassinations, murders, armed robberies, and kidnapping, assisted by open and porous borders and large flow of illegal immigrants across borders. This paper examines the effect of Radical Islam on Transnational security through a review of past literature and the social and security consequences on the people of the regions. Our findings indicate that the activities of armed Islamic movements such as Boko Haram, Ansaru and Al-Qaeda are having a negative impact on the economy, development, and security of the states and people of West Africa and the Asia Pacific. It stresses the importance of regional, transnational and international cooperation, as these threats to national and transnational security can no longer be solved in a national or regional framework.

Keywords: Islamic movements, jihadist terrorism, radical Islam, transnational security

Procedia PDF Downloads 132
3147 Migratory Trajectory of Transnational Street Beggars in South Western, Nigeria

Authors: Usman Adekunle Ojedokun, Adeyinka Abideen Aderinto

Abstract:

Migration remains an important course of action often resort-to by human and some other classes of animal for survival in the face of life-threatening conditions. However, the activity of certain group of immigrants, who are exploiting the socio-economic and environmental challenges in their home countries to conduct street begging across different countries in Africa, is fast becoming a major cause for concern. This paper examined the migratory trajectory of transnational street beggars in South Western, Nigeria. Strain and Migration Network Theories were adopted for the study. The methods of data collection were survey questionnaire, in-depth interview, and key informant interview. Convenience and purposive sampling techniques were employed for the selection of 395 transnational street beggars and 4 key informants were purposively chosen. Findings revealed that transnational street beggars immigrated into Nigeria all year round and all of them came by road. Also, while some of them entered the country officially, others gained entry illegally. The majority (29.3%) arrived through Sokoto, a border State to some neighbouring countries. This study calls for more security measures at the Nigerian borders as a way of controlling the influx of this category of beggars into the country.

Keywords: transnational street beggars, street begging, migration, Nigeria

Procedia PDF Downloads 222
3146 Transnational Higher Education: Developing a Transnational Student Success Signature for Clinical Medical Students an Action Research Project

Authors: Wendy Maddison

Abstract:

This paper describes an Action Research project which was undertaken to inform professional practice in order to develop a newly created Centre for Student Success in the specific context of transnational medical and nursing education in the Middle East. The objectives were to enhance the academic performance, persistence, integration and personal and professional development of a multinational study body, in particular in relation to preclinical medical students, and to establish a comfortable, friendly and student-driven environment within an Irish medical university recently established in Bahrain. Expatriating a new part of itself into a corner of the world and within a context which could be perceived as the antithesis of itself, in particular in terms of traditional cultural and organisational values, the university has had to innovate in the range of services, programmes and other offerings which engages and supports the academic success of medical and nursing students as they “encounter the world in the classroom” in the context of an Arab Islamic culture but within a European institution of transnational education, engaging with a global learning environment locally. The outcomes of the project resulted in the development of a specific student success ‘signature’ for this particular transnational higher education context.

Keywords: transnational higher education, medical education, action research, student success, Middle Eastern context, student persistence in the global-local, student support mechanisms

Procedia PDF Downloads 661
3145 Translingual Discrimination and Migrants

Authors: Sender Dovchin

Abstract:

Moving beyond two main frameworks of interlingual and intralingual discrimination, this paper will address the understanding of translingual discrimination. This concept refers to discrimination based on how one uses certain languages, linguistic and communicative repertoires, which are (il)legitimised by the interactants. Translingual discrimination contributes intensity to transnational migrations processes, where migrants with transitional backgrounds seem to illustrate two main characteristics of marginalizations – “name discrimination” and “accentism”. The lifelong accumulation of these characteristics of translingual discrimination may cause negative emotionality, such as translingual inferiority complexes, to its victims. As a result, these transnational migrants seem to adopt varied coping strategies such as CV-whitening and accent purifications while probing for translingual safe spaces. The presentation concludes with the socio-cultural and pedagogical implications of translingual discrimination in relation to the language usage of transnational migrants.

Keywords: accentism, discrimination, migrants, translingualism

Procedia PDF Downloads 36
3144 Living Together Apart: Gender Differences in Transnational Couple Living Perceptions in the Ghanaian Context

Authors: Rodlyn Remina Hines

Abstract:

Males and Females respond differently to life situations, including transnational living. Being in a transnational marriage relationship may put a strain on the relationship requiring partners to adjust their behaviors and expectancies of the other partner to accommodate the disruptions in the relationship. More so, when one partner is an immigrant to a new geographic location with the other in the native country, these disruptions may be intensive. This qualitative study examined gender differences in how married Ghanaian couples respond to making a life together as a couple while living across international borders. The study asked two questions: (1) What are the perceptions of males and females on transnational living? and (2) how do married males and females respond to transnational living situations? To answer these questions, semi-structured interviews were conducted with 24 married couples- with one partner living in the United States (U.S.) and the other spouse in Ghana via purposive and snowball sampling techniques. Participants were aged 26 to 59 years with an average age of 40; the average age of relationship: 10.41; and average years of living apart: 6.7. Induction and deduction hybrid analysis strategies were used to derive emerging themes. The results highlight significant gender differences in response to transnational living status and practices. The data indicate that transnational couples with the male spouse residing in the U.S. experience more relationship strains than is the case when the female partner is the immigrant. Three couples who were in divorce proceedings at the time of the interview had the male partner residing in the U.S. and the female spouse in Ghana. These gender differences also reflected spousal visitation frequency, duration of spousal reunification, amount of and frequency of spousal remittance(s), and immigration processing procedures. Finally, the data show female immigrant partners as better managers of transnational living stresses and strains than their male counterparts. Findings from this study have implications for marriage and family practitioners and immigration policy makers.

Keywords: gender differences, , ghanaian couples, ghanaian immigrants, transnational living

Procedia PDF Downloads 54
3143 Penalization of Transnational Crimes in the Domestic Legal Order: The Case of Poland

Authors: Magda Olesiuk-Okomska

Abstract:

The degree of international interdependence has grown significantly. Poland is a party to nearly 1000 binding multilateral treaties, including international legal instruments devoted to criminal matters and obliging the state to penalize certain crimes. The paper presents results of a theoretical research conducted as a part of doctoral research. The main hypothesis assumed that there was a separate category of crimes to penalization of which Poland was obliged under international legal instruments; that a catalogue of such crimes and a catalogue of international legal instruments providing for Poland’s international obligations had never been compiled in the domestic doctrine, thus there was no mechanism for monitoring implementation of such obligations. In the course of the research, a definition of transnational crimes was discussed and confronted with notions of international crimes, treaty crimes, as well as cross-border crimes. A list of transnational crimes penalized in the Polish Penal Code as well as in non-code criminal law regulations was compiled; international legal instruments, obliging Poland to criminalize and penalize specific conduct, were enumerated and catalogued. It enabled the determination whether Poland’s international obligations were implemented in domestic legislation, as well as the formulation of de lege lata and de lege ferenda postulates. Implemented research methods included inter alia a dogmatic and legal method, an analytical method and desk research.

Keywords: international criminal law, transnational crimes, transnational criminal law, treaty crimes

Procedia PDF Downloads 192
3142 The U.S.-Taliban Peace Deal: Two-level Game Logic and Actors’ Payoffs

Authors: Zafar Iqbal

Abstract:

This article aims at analyzing the U.S.-Taliban peace deal considering the cross- pressures that both parties (U.S. and Taliban) faced and eventually paved the way for a negotiated settlement to the two-decade-long war. The paper first discusses the peace process initiated by President Obama in 2009 and then explores the factors that compelled both the parties to sign this deal. The study is based on secondary data and interviews done with the leading experts on Afghanistan along with the Taliban Qatar office spokesperson’s interview. The theoretical framework is based on the interplay of diplomacy and domestic politics: two-level games logic proposed by Robert D. Putnam. The two-level games suggest that actors involved in negotiations face cross-pressures and are constrained both by the expectations of the domestic audience and their counterpart’s zone of possible agreement. This paper will take the cross pressures for both sides as the permissive factors for the entire process of negotiations. However, there will be a slight aberration in the application of Putnam’s two-level games. In this case, it is not inter-state negotiations but between an all-powerful state and the unyielding non-state actors. The study concludes that both the parties faced domestic as well as international pressure which compelled them to sign a deal that could lead to an end of the two-decade-long war. Furthermore, it looks at the potential prospects and challenges of the deal following the U.S. withdrawal.

Keywords: neo-Taliban insurgency, negotiations, two-level game, U.S.-Taliban peace deal, U.S. withdrawal

Procedia PDF Downloads 182
3141 Understanding Narrative Transformations of Ebola in Negotiations of Epidemic Risk

Authors: N. W. Paul, M. Banerjee

Abstract:

Discussing the nexus between global health policy and local practices, this article addresses the recent Ebola outbreak as a role model for narrative co-constructions of epidemic risk. We will demonstrate in how far a theory-driven and methodologically rooted analysis of narrativity can help to improve mechanisms of prevention and intervention whenever epidemic risk needs to be addressed locally in order to contribute to global health. Analyzing the narrative transformation of Ebola, we will also address issues of transcultural problem-solving and of normative questions at stake. In this regard, we seek to contribute to a better understanding of a key question of global health and justice as well as to the underlying ethical questions. By highlighting and analyzing the functions of narratives, this paper provides a translational approach to refine our practices by which we address epidemic risk, be it on the national, the transnational or the global scale.

Keywords: ebola, epidemic risk, medical ethics, medical humanities

Procedia PDF Downloads 419
3140 Maras and Public Security in Central America in XXI Century

Authors: Michal Stelmach

Abstract:

The aim of this paper is a critical analysis of the security policy in the field of the fight against transnational criminal groups in Central America in XXI century. We are analyzing all taken issues from several perspectives: political, anthropological, sociological and legal which allows me to confront behavior and the attitudes of the political elites against official legislative changes and declared actions, strategies and policies against practice. In the first part of paper we would like to present the genesis and characteristic of transnational gangs, called maras and next we would like to present their activities and roles within chosen sectors of organized crimes. In the second part we will analyze the government’s policy towards transnational criminal groups. The analysis will be concentrated on public safety policy implemented in specific Central American countries as well as regional international cooperation. The main intention of the author is to present the state of the security in Central America in XXI century by emphasizing failures and successes in the fight against transnational criminal organizations. Additionally we want to present and define the challenges currently facing the region now and to show the prediction of the situation’s development within next future and to define the recommendations on the design of public security policies in Central American countries.

Keywords: maras, public security, human rights, Central America

Procedia PDF Downloads 296
3139 Transnational Corporation as Political Form of Government

Authors: Olha Oleshchuk

Abstract:

Such companies as Apple, Coca-Cola, Microsoft, Samsung are well-known, but most people do not know about their economic and political influence on society at national and international levels. This ignorance is beneficial for transnational corporations because it reduces the risk of possible resistance of the society and creates favourable conditions for the formation of a new governmental political form. The aim of the research to analyse the opportunity of creating of a new governmental political form. The aim of the research is realized by implementation of such objectives: 1) to consider the possibility of the formation of new political forms of government; 2) to determine the influence of TNCs on the state, which is necessary for a mature, aware citizen; 3) to learn the roles of TNCs, which provide the awareness in the spheres of the world politics, economics, and everyday life. The relevance of the research is confirmed by the fact that new political forms of government are poorly studied.

Keywords: objective factors of losing leading position by state, transnational corporations, TNCs' economic influence, TNCs' political influence

Procedia PDF Downloads 113
3138 A Nuclear Negotiation Qualitative Case Study with Force Field Analysis

Authors: Onur Yuksel

Abstract:

In today’s complex foreign relations between countries, the nuclear enrichment and nuclear weapon have become a threat for all states in the world. There are couple isolated states which have capacity to produce nuclear weapons such as Iran and North Korea. In this article, Iran nuclear negotiation was analyzed in terms of its relations especially with The United States in order to find the important factors that affect the course of the ongoing nuclear negotiation. In this sense, the Force Field Analysis was used by determining and setting forth Driving and Restraining Forces of the nuclear negotiations in order to see the big picture and to develop strategies that may improve the long-term ongoing Iran nuclear negotiations. It is found that Iran nuclear negotiation heavily depends on breaking down the idea of Iran’s supporting terrorist organizations and being more transparent about nuclear and uranium enrichment. Also, it was found that Iran has to rebuild its relations with Western countries, especially with the United States. In addition, the counties— who contribute to Iran nuclear negotiations— will need to work on the dynamics and drivers of the Israel and Iran relations in order to peacefully transform the conflict between the two states.

Keywords: driving force, Iran nuclear negotiation, restraining force, the force field analysis

Procedia PDF Downloads 123
3137 Self-Serving or Self-Effacing: An Analysis of the Zimbabwe-United Kingdom Diaspora`S Role in Human Rights Advocacy

Authors: J.T. Chivanga

Abstract:

This paper conceptualizes the significance of human rights activism by the Zimbabwean diaspora in the United Kingdom by analyzing how the diaspora advocates for the promotion of the rights of the people in Zimbabwe. It critiques the strategic essentialism theory that is used by the government of Zimbabwe as a basis to discredit the work of transnational advocacy groups. The research advances this position by articulating that the diaspora does not falsify nor simplify them to garner external support on the human rights situation in Zimbabwe. It establishes and shows the significance of transnational advocacy by articulating how the Zimbabwean diaspora addresses and brings to the attention of the international community human rights violations in Zimbabwe that would otherwise not have seen the light of day due to the absence of a conducive environment in that country that stifles the organization of protests under repressive laws such as the public order and security act of 2009.

Keywords: strategic essentialism, transnational advocacy, public order and security act, Zimbabwe diaspora

Procedia PDF Downloads 208
3136 The Greek Diaspora in Australia: Identity and Transnational Identity

Authors: Panayiota Romios

Abstract:

As the use of 'diaspora' has proliferated in the last decade, its meaning has been stretched in various directions. Current diaspora frames of identity representation do not adequately capture the complexities of everyday lived experiences of transnational individuals and groups. This paper presents the findings of a qualitative research project conducted in Melbourne, Australia with second generation Greek Australians. It analyses the forms of intercultural identities of the second generation Greek Australians returning to Australia post-2008, after living in Greece for an extended period of time. The discussion highlights key characteristics in relation to diaspora-homeland ties, seeking to denaturalise the commonplace assumptions and imaginations about the cultures and identities of Greek Australian diaspora communities and probe the relevance of identity markers such a country of origin, nationality, ethnicity, ethnic origin, language and mother tongue. The definition of diaspora experienced in this transnational lexicon is interestingly quite distinct from original articulations and also from others returning ‘home’.

Keywords: diaspora, identity, migration, displacement

Procedia PDF Downloads 324
3135 Sex Positions Decisions and Negotiations of Sexual Pleasure and Gender in Ghana

Authors: Daniel Y. Fiaveh, Chimaraoke O. Izugbara

Abstract:

Based on the narratives of 20 women and 16 men, the paper explores how knowing more about the factors that trigger sex positions decisions advance knowledge of male and female sexuality, and how these translate into higher levels of female sexual negotiations in Ghana. Findings demonstrated that the willingness to perform sex positions or not were gendered and derive, at least in part, from differences in demographic profiles (such as age, gender, and marriage), beliefs associated with sexual practices (such as anal sex), the desire to maximize sexual pleasure, and sexual myths and misconceptions e.g. fear of infecundity. The women were not passive to sex positions decisions and engaged in a dialogical sexual encounter with men including threats of sexual refusal in negotiating sex.

Keywords: sexual positions, sexual pleasure, masculinity, femininity, Ghana

Procedia PDF Downloads 452
3134 Information Technology: Assessing Indian Realities Vis-à-Vis World Trade Organisation Disciplines

Authors: Saloni Khanderia

Abstract:

The World Trade Organisation’s (WTO) Information Technology Agreement (ITA), was concluded at the Singapore Ministerial Conference in 1996. The ITA is considered to be one of the biggest tariff-cutting deals because it eliminates all customs-related duties on the exportation of specific categories of information technology products to the territory of any other signatory to the Agreement. Over time, innovations in the information and communication technology (ICT) sector mandated the consideration of expanding the list of products covered by the ITA, which took place in the form of ITA-II negotiations during the WTO’s Nairobi Ministerial Conference. India, which was an original Member of the ITA-I, however, decided to opt-out of the negotiations to expand the list of products covered by the agreement. Instead, it preferred to give priority to its national policy initiative, namely the ‘Make-in-India’ programme [the MiI programme], which embarks upon fostering the domestic production of, inter alia, the ICT sector. India claims to have abstained from the ITA-II negotiations by stating that the zero-tariff regime created by the ITA-I debilitated its electronics-manufacturing sectors and on the contrary resulted in an over-reliance on imported electronic inputs. The author undertakes doctrinal research to examine India’s decision to opt-out of ITA-II negotiations, against the backdrop of the MiI Programme, which endeavours to improve productivity across-the-board. This paper accordingly scrutinises the tariff-cutting strategies of India to weigh the better alternative for India. Apropos, it examines whether initiatives like the MiI programme could plausibly resuscitate the ailing domestic electronics-manufacturing sector. The author opines that the country’s present decision to opt-out of ITA-II negotiations should be perceived as a welcome step. Thus, market-oriented reforms such as the MiI Programme, which focuses on indigenous innovation to improve domestic manufacturing in the ICT sector, should instead, in the present circumstances gain priority. Consequently, the MiI Programme would aid in moulding the country’s current tariff policy in a manner that will concurrently assist the promotion and sustenance of domestic manufacturing in the IT sector.

Keywords: electronics-manufacturing sector, information technology agreement, make in india programme, world trade organisation

Procedia PDF Downloads 206
3133 Using Genre Analysis to Teach Contract Negotiation Discourse Practices

Authors: Anthony Townley

Abstract:

Contract negotiation is fundamental to commercial law practice. For this study, genre and discourse analytical methodology was used to examine the legal negotiation of a Merger & Acquisition (M&A) deal undertaken by legal and business professionals in English across different jurisdictions in Europe. While some of the most delicate negotiations involved in this process were carried on face-to-face or over the telephone, these were generally progressed more systematically – and on the record – in the form of emails, email attachments, and as comments and amendments recorded in successive ‘marked-up’ versions of the contracts under negotiation. This large corpus of textual data was originally obtained by the author, in 2012, for the purpose of doctoral research. For this study, the analysis is particularly concerned with the use of emails and covering letters to exchange legal advice about the negotiations. These two genres help to stabilize and progress the negotiation process and account for negotiation activities. Swalesian analysis of functional Moves and Steps was able to identify structural similarities and differences between these text types and to identify certain salient discursive features within them. The analytical findings also indicate how particular linguistic strategies are more appropriately and more effectively associated with one legal genre rather than another. The concept of intertextuality is an important dimension of contract negotiation discourse and this study also examined how the discursive relationships between the different texts influence the way that texts are constructed. In terms of materials development, the research findings can contribute to more authentic English for Legal & Business Purposes pedagogies for students and novice lawyers and business professionals. The findings can first be used to design discursive maps that provide learners with a coherent account of the intertextual nature of the contract negotiation process. These discursive maps can then function as a framework in which to present detailed findings about the textual and structural features of the text types by applying the Swalesian genre analysis. Based on this acquired knowledge of the textual nature of contract negotiation, the authentic discourse materials can then be used to provide learners with practical opportunities to role-play negotiation activities and experience professional ways of thinking and using language in preparation for the written discourse challenges they will face in this important area of legal and business practice.

Keywords: English for legal and business purposes, discourse analysis, genre analysis, intertextuality, pedagogical materials

Procedia PDF Downloads 119
3132 Voices of the Grown-Ups: Transnational Rearing among Chinese Families

Authors: Laura Lamas Abraira

Abstract:

Large-scale Chinese immigration in Spain emerged in the 80's. Engaged in their own businesses or working for other Chinese migrants with long schedules, young couples had to choose between contracting or transnationalising the care labour as they were unable to combine productive and reproductive tasks. In most cases, they decided to transnationalize the care labour embodied on grandparents or children migratory paths. Either the grandparents go to Spain to take care of their grandchildren or the kids were left behind or sent to China after being born in Spain in order to be raised with their extended family members. Very little is known about how the people who have been raised in a transnational context relates their own experience and agency as care managers within the family care cycle. In order to fill this gap, this paper aims to inquire into these transnationally-reared Chinese young adults’ narratives about their own experience and expectations (past, present and future) by adopting care circulation and care cycle approach within life course framework. Drawing upon a qualitative study resulting from a multi-sited ethnography (Spain-China), we argue that young adults raised in transnational context build their narratives as a result of an otherness process related to their parents and an essentialization of their Chinese roots to use selectively among different contexts. In doing so, these family narratives constitute a part of their social identity that interact with other dimensions such as the ethnic one. We suggest when building their parent's otherness they also build their sameness among pairs, as members of the same club, marked by transnational care on a double time basis: the practices of their parents as wrong past, and their own as an amendable future.

Keywords: Chinese families, narratives, transnational care, young adults

Procedia PDF Downloads 354
3131 Global Supply Chain Tuning: Role of National Culture

Authors: Aleksandr S. Demin, Anastasiia V. Ivanova

Abstract:

Purpose: The current economy tends to increase the influence of digital technologies and diminish the human role in management. However, it is impossible to deny that a person still leads a business with its own set of values and priorities. The article presented aims to incorporate the peculiarities of the national culture and the characteristics of the supply chain using the quantitative values of the national culture obtained by the scholars of comparative management (Hofstede, House, and others). Design/Methodology/Approach: The conducted research is based on the secondary data in the field of cross-country comparison achieved by Prof. Hofstede and received in the GLOBE project. The data mentioned are used to design different aspects of the supply chain both on the cross-functional and inter-organizational levels. The connection between a range of principles in general (roles assignment, customer service prioritization, coordination of supply chain partners) and in comparative management (acknowledgment of the national peculiarities of the country in which the company operates) is shown over economic and mathematical models, mainly linear programming models. Findings: The combination of the team management wheel concept, the business processes of the global supply chain, and the national culture characteristics let a transnational corporation to form a supply chain crew balanced in costs, functions, and personality. To elaborate on an effective customer service policy and logistics strategy in goods and services distribution in the country under review, two approaches are offered. The first approach relies exceptionally on the customer’s interest in the place of operation, while the second one takes into account the position of the transnational corporation and its previous experience in order to accord both organizational and national cultures. The effect of integration practice on the achievement of a specific supply chain goal in a specific location is advised to assess via types of correlation (positive, negative, non) and the value of national culture indices. Research Limitations: The models developed are intended to be used by transnational companies and business forms located in several nationally different areas. Some of the inputs to illustrate the application of the methods offered are simulated. That is why the numerical measurements should be used with caution. Practical Implications: The research can be of great interest for the supply chain managers who are responsible for the engineering of global supply chains in a transnational corporation and the further activities in doing business on the international area. As well, the methods, tools, and approaches suggested can be used by top managers searching for new ways of competitiveness and can be suitable for all staff members who are keen on the national culture traits topic. Originality/Value: The elaborated methods of decision-making with regard to the national environment suggest the mathematical and economic base to find a comprehensive solution.

Keywords: logistics integration, logistics services, multinational corporation, national culture, team management, service policy, supply chain management

Procedia PDF Downloads 82
3130 Culture and Internationalization: A Study About Brazilian Companies in Bolivia

Authors: Renato Dias Baptista

Abstract:

The purpose of this paper is to analyze the elements of the cultural dimension in the internationalization process of Brazilian companies in Bolivia. This paper is based on research on two major Brazilian transnational companies which have plants in Bolivia. To achieve the objectives, the interconnective characteristics of culture in the process of productive internationalization were analyzed aiming to highlight it as a guiding element opposite the premises of the Brazilian leadership in the integration and development of the continent. The analysis aims to give relevance to the culture of a country and its relations with internationalization.

Keywords: interculturalism, transnational, internationalization, organizational development

Procedia PDF Downloads 276