The United Nations Security Council International - Free Essay Example

Sample details Pages: 5 Words: 1418 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? The United Nations Security Council (henceforth SC) is the executive arm of the United Nations (UN). The SC consists of five permanent members (P-5), namely: the United States, Britain, France, Russia and China. In addition it has ten non permanent members which are chosen by the United Nations General Assembly (UNGA). Don’t waste time! Our writers will create an original "The United Nations Security Council International" essay for you Create order Calls to reforming the most dominant organ of the United Nations, the Security Council have gained an increased consideration in the last few decades. The Reform proposals about mainly discussed about changing the membership or the working methods and other procedures adopted by the current SC. However, the question which arises from the proposed reforms is whether a change in the structure or the procedures will enhance the credibility of this institution. Hence the use of the journal and the two consecutives articles will play an integral in the dissertation process. It will give an insight how I will proceed in investigating why the SC should be reformed, why it is difficult to reform the SC and also the problems with present reform proposals. 2. C. Eduardo Vargas Toro  [1]  , UN Security Council Reform: Unrealistic proposals and viable reform options, 25 November 2008, American Diplomacy This article evaluates that the majority of reform proposals that have been b rought forward by different nations so far are either due to their quest for a permanent seat in the SC or to their will to prevent their rival from joining the security council. The author that claims that in any way, these motives will not bring along any reform to the Security Council, which he described as being flawed from the beginning. He mainly concentrates on the shortcoming of an enlarged membership of permanent members. According to him, an increased membership does not essentially mean an efficient SC as a larger group might slacken serious negotiations while at the same time being too small to represent todays world. the author also argue that it is merely self-interest and not democracy issues which lies behind these membership claims. Therefore it might prove difficult to reach a conciliation when it comes to political issues since each member state will be fighting for their own national interests. He claims by adding new members with veto powers will only hinder the SC from acting proficiently. The writer support this argument by stating that P-5 national interests already impede the SC from addressing issues closest to them and adding new veto members will further decrease the odds of a specific issue from being addressed. This editorial constitutes vital source on this subject that will help me in-depth analysis of the reform and veto issues since its proposed reforms are more focused on attainable objectives that eventually render the Security Council into a more effective and competent organization. Indeed, the scheme set forward by the writer are mainly to limit the use of the veto. he also claims that without the veto the SC might lack the necessary political and military might to carry out the functions for which it was created. However, the author adds that countries invoking the veto should be required to state and defend their reasons for using it. Unlike other reform proposals, the author points out that a set of well-de fined standing rules of procedures by the SC will be an effort to ensure that the power struggle over interpretation does not fall exclusively into the hands of the P-5, thereby avoiding their use of the double veto. moreover, the author proposes a triumvirate- institutionalised presidency. He emphasize a that such a presidency will allow the leadership of the SC to rest into an institution, He also believes that having a secretarial body provided for by the P-5 or E-10 groups of friends having a systematic experience to act as an institutional memory by providing a better understanding of the procedures which will be beneficial as well as an essential tool in creating an efficient SC. Finally the writer claims that the reforms of the UN Security Council has to look forward for more realistic objectives for the P-5 to accept as any amendment to the Charter obviously require their votes and its evident they will not go against proposals which will hinder their interest or power s. Thomas G. Weiss  [2]  , The Illusion of the UN Security Council Reform, Autumn 2003, The Washington Quarterly, 26:4 pp 147-161 Unlike the above piece of writing, the writer here consent that SC does not reflect the actual distribution of the 21st century power but he stressed on the fact that reform proposals deriving from diplomats have not yet addressed the imbalance between seats at the SC and the actual military capacity outside the SC chamber. He states that with a US global presence as great as that of any empire in history, it can be said at present that there are in fact two worlds organizations: The UN- global in membership and the US global in reach and power.(pg 152) he further states that jostling about the UN charter reform is a mere distraction, as the US will certainly not agree to take part in an organization whose aim will be to limit its big powers. the author prove his point by stating the UNs powerful capacity is only on loan, and UN led or UN approved military operations are carried forward only after the signature of Washington. He asserts that this fact wont alter until the Eur ope an steps in investing particularly on their defense system in order to acquire an equivalent independent military capacity as US. After having analysed the bombastic fireworks over the proposed reforms of the SC, the author is of the opinion that adaptation to the actual SC behaviour, rather than any formal alterations to either its membership or procedures, will rather improve the SC credibility. He refers to the steps taken by member states in enabling more transparency and accountability within the SC as a pragmatic modification in the SCs procedures. The author concludes by stating that the SC should preserve the aim for which it has been set up and that any change brought in the structure of this institution will not fight against its main weaknesses, among which the veto and complete reliance upon the US military force in projecting military power across the globe. Nico Schrijver Reforming the UN Security Council in Pursuance of Collective Security (2007) Journal of Conflict and Security Law 12 (1) 127 138 Unlike both articles, in this journal the author summarize the functions of the SC and says how the drafters wanted to set up an institutions unlike from the L.O.N  [3]  . He develops his arguments on how the SC enlarged after the cold war. With the challenges and tensions to security such as refugees and terrorism for example, urge the need of expansion. Throughout these recent threats he observed that the council took up a quasi-legislative role, by ratifying legislation that repeatedly applied to national law of the member states. He therefore raise the question of the SC taking on a more semi-judicial part. Schrijver responds to the main task of the SC which he decided should be an organ of limited membership capable of acting timely, decisively and with the power to enforce its decisions. nevertheless the major challenge to the SC is how to form a council adequately small for effective and efficient action  [4]  and large enough to work and its choices acceptable. T he writer look at the approaches to achieve this perfect council through Article 23 which distinguished between permanent and elected members  [5]  and refers to the expansion of elected seats in 1963 as a more adequate geographical representation and making it a more effective organ for carrying out its functions under the charter of the UN.  [6] He also looks for reform, arguing how they would increase to a council of 24, and would have a distinct view of geographically equalising membership. Nico examines Annans 2005 report and how none of the proposals put forward gained enough support. In the end the writer search for different ideas to those proposed for representativeness and effectiveness of the council. He also disputes if expansion is what is needed, would a council of 15 members not be as efficient as one of 24. Or even a change to membership this could be a way of giving substance to Article 23.  [7]  besides, he repeat on his expansion comments and aga in calls for an alternative method, an instance would be by bettering the way the council works. He notes that an increased council will not do any better unless it provides for more transparency, accountability and inclusiveness.  [8]

Essay about The Importance of Friends Throughout Life

The word â€Å"friend† is a widely used term to define one’s emotional connection/relation to another person. One can have a few friends, or a large group of friends. Evidently, the word is used to describe the relationship two, or more, people can have with each other. There are a few dictionary definitions including, â€Å"one attached to another by affection or esteem†, or, â€Å"one that is of the same nation, party, or group†, and even, â€Å"a person who you like and enjoy being with.† The definition of the word can change between whatever age group one might be in. Two toddlers can be â€Å"childhood friends† which is defined as a person that a toddler might share toys with or play games with, and possibly grow old with. As people age, the definition of†¦show more content†¦Most adults have an average of one to four friends, whom were introduced into their lives at an early age, last few years of school, or even a previous workplace he or she worked at. Adults usually do not try to make friends at their workplace because sometimes it is a competition to either continue getting promotions or trying to achieve a better position. Thus, making the soul ingredient in a friendship trust at this age, not just constant comfort with another person. If one is scared to tell their coworker a personal fact because it could lead to blackmail, or some other threat, then he or she is unable to accept them as a friend. In fact, people put the financial security of their jobs above their â€Å"friends at work.† Therefore it is sometimes u nlikely to make friends at this age, due to the insecurities created by our society. There are plenty of theories on friends and their relationships in history, even during the years of ancient Greece. Based on my research, mix with some of my own views; I have come to realize my own definition of a friend. A friend to me is simply someone who is there to support me, spend time with me, be there for me when I am in need, being someone who I can trust with deep secrets, and make memories with enjoying their presence. At the same time, a friend to me is someone that will never turn their back on me, never attempt to hurt me, never attempt to take advantage of me, and never choose toShow MoreRelatedTheme Of The Wizard Of Oz799 Words   |  4 Pages the importance of life’s journey and friendship. The first theme of self sufficiency is illustrated throughout the story. All of the main characters, Dorothy, the Scarecrow, the Tin Man and the Lion are looking to the wizard to solve their problems. The Scarecrow is in search of a brain. Although he is constantly making remarks on how stupid he is actually solving the groups problems that arise. 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Effective Business Management Laws Protection

Question: Describe about the Effective Business Management for Laws Protection. Answer: Part: A. Whistleblowers Protection Laws in Australia The case of Enron Whistle blower Sherron Watkins is an example where the statements of the whistle blower resulted into the collapse of Enron. The vice president of the company whom Congress had anointed as the whistle blower in the case had stated Enron needed to come clean about potentially disastrous accounting tricks or face implosion.[1] Whistle blower protection is an important aspect that needs to be looked into by the Government so as to ensure that unfair practices are brought forward and the Enron case stated above is a prime example where the Congress backed the whistle blower which ultimately led to the collapse of Enron In Australia, there are different laws for the protection of the whistle blower which are mainly supplied for certain forms of revelation under the patch work of different legal rules both in the federal and the state level. At the Federal level it has been revealed that the whistle blowers do face some kind of imprisonment at potential level for the purpose of revealing certain subjects that are also noticed to include national security as well as different types of immigration matters. Transparency international Australia have been noticed to consider the concept of protecting the private sector whistleblowers comparatively weak than those of the whistleblowers at the public sectors. The first whistleblower protection act in Australia was introduced in Queensland following the different recommendations as was stated in Fitzgerald Inquiry with the passage of the public interest disclosure act 2013[2]. But concerned authorities need to address about these laws to the employees as some time it is not possible for a person to know all the functions of the government and it also encouraging to stopping the corruption in the communal and in the personal sector. Legal Position of Australian Whistleblowers: Australian government has also several laws to protect the whistleblowers interest like other developed countries like Canadas The Public Sector Integrity Office, Jamaican the Protected Disclosures Act (2011). The Public interest disclosure act is a kind of act which aims at making a perfect balance between protecting the different officials who are working in different private s well s the public sector companies and are quite honest by nature along with the words spoken by them. With this act retributions are entitled to those individuals who have given up different types of false statements, but this act does not any kind of liability for the individual who have ill-treated the complainant. As this act of Australia is basically entitled to protect the whistleblowers the vigilance commission is not allowed to make any kind of disclose over the different identity of the complaint and would provide a penalty to the individual who have made such disclosure over the complaints. Recently, it has been determined that there are only three kinds of acts the NSW, CTH and the Tas which have prove to be consistent for a complete protection of the different whistleblowers in Australia. On the other hand it has been determined that the public sector whistle blowing act has been limited to certain disclosures in perspective of the different kind of evidence that has been supplied by different public officials former officials who are under the risks of certain act of vengeance. All the laws that has been entitled for the protection of the whistleblowers should always have a revised approach that helps in carrying out a clear identification of the different public interest matters along with a strong protection over the scheme. Currently all this is done efficiently by the NSW act that are mostly determined to supply some amount of vexations disclosure which is not found to be protected[3]. Australian action on protecting the whistleblowers Australian government also trying to resolve the 15 years unsolved issues on whistleblowers protection act as a part of fighting with corruption and fraudulent crime in both public and private sectors. In Australia, a recent shift in focus by the government en route for better protection of deceitful activities and bribery in the communal sector, in particular: Calls have already been made for the establishment of American law which is also called the Lincoln law in Australia,which sees individuals financially incentivised for reporting public sector fraud by private sector contractors with over $35 billion recovered by the US government since 1986; In the financial services industry, recent trends suggest that the biggest risk influence in 2014 will be the practical implementation of changing regulatory expectations.This puts organisations in a much less certain place about how they provide evidence of compliance with the unknown qualitative expectations suggesting further regulatory reform will follow as a result; and With the recent report from the OECD which was scathing of Australia's record in tackling bribery by its multinational companies,the call for more to be done to tackle such issues is gaining momentum[4]. Recent regulatory changes in the financial services industry in Australia have been aimed at ensuring greater compliance by entities, including: The FOFA became compulsory and on the 20th of December, 2013, the Australian government was noticed to make announcement to lower down the cost as well as different regulatory burden of the different financial services. It aimed to increase protection of Australian retail investors while ensuring financial advice is affordable to the wider community;and The November 2011 amendments has been designed for covering the financial sectors as well as other professionals who are involved in the different types of business activities and are a vital part of the legislative act which has made Australia for carrying out international best practices to deter money laundering activities. The public interest disclosure act is mainly determined to develop a kind of mechanism for the need of registering some kind of complaints over any kind of corruption or for the need of making wilful misuse in relation to power that the public servant of the both the public and the private servant do possess. His act is actually determined to provide some amount of safety to the individuals who have launched the complaint. In October last year, the government have made certain forms of provision that simply includes false certifying of the different amount of property that is to be utilised by the government of Australia. Also, the other valuable provision is determine to include making use of the government property from an unauthorised officer of the government and utilising different false records to avoid the decrease over the certain level of obligations in perspective of paying or transmitting the property to the government of Australia. This act is mainly intended to provide the relators with different types of personal claims that has the prove of double damages which the person is noticed to suffer from. This act mainly brings up change the landscape for combating fraud and corruption in this country[5]. What follows from here remains to be seen, however expanding opportunities for fraud and corruption to be uncovered through whistle blowing opens the door for reforms similar to the Dodd-Frank Act and the FCPA, which could have a major impact on financial services industry governance in this country, especially for those organisations operating internationally[6]. The Australian Institute of Criminology (AIC) reports on deceitful activities done by Commonwealth Government organization working professionals (interior scam) and also the different deceitful activities done by the exterior organisations (outdoor scam). Reports from several sources are noticed to state that under this false claim act different individuals who are noticed to file up the cases would receive some amount of portion that accounts to about 15 to 20 percent of the damage or the loss that has been recovered. As from the data report of the 2012, it has been determined that about 70percent of the federal government are noticed to put into practice different types of FCA actions that was practically initiated by the different whistleblowers. Several claims have also been made under this ct does include claims over healthcare, government programs. The government of Australia have been noticed to recover about $38.9 billion from the false claim act that was made within 1987 to 2013 and about 70% was from different qui tam cases that were actually made by the relators. This act is further determined to be build on existing mechanisms protecting Australian Public Service (APS) employees who whistle blow on suspected fraud or corru ption in the public sector and emphasises internal disclosure and investigation of matters[7]. Part: B There are different types of business structures which are utilised in the media and entertainment industry as because the entertainment industry is quite dynamic and challenging in nature. Each entertainment company utilises the business structure which they find to be most appropriate in addressing their business needs. Limited Liability Partnership this limited liability partnership is determined to be a form of partnership when the business partners are noticed to b highly depended on legal jurisdictions. However the main difference lies in the fact that the partners (owners) involved in this type of business does not have any personal liability towards the mistakes or negligence committed by their other partners. This type of business is usually utilised by accountants and lawyers. Joint Venture a joint venture is mainly established by two or more parties which is generally characterised by joint venture. In order to share the collective expenses and profits from the business in an equal manner. In a joint venture there is usually an agreement between both the parties which defines the main purpose and objective of the partnership and the time period for which that partnership will be implemented. Business owners who are in the creative filed have been utilising thisbusiness structure to their advantage over the years as it has enabled them to address their business needs in an effective manner and it the same time reduced the liability from market risks in their business8. In the case of Simpatico the company went into liquidation as Reese Witherspoon cancelled a speaking tour and therefore the event had to be cancelled which led to the company into debts to the tune of $2.1 million. The partnership firms therefore are most suited for events as two or more partners are involved and where one partner is responsible for the event and its promotion the other partner looks into the finance. For example a kind of hi tech firm is noticed to work together with a manufacturing company and brings up a new products of high technology in the market place. One party is noticed to supply with various product proficiency and the other organisation supplies with the different means of production. In the events promotion business there are several organisations that need to come in and in most cases it can be observed that a partnership or joint venture is formed in order to execute the event successfully Guarding against Inherent Risks Business establishments guard against inherent risks by monitoring the market environment in an effective manner. They need to undertake an effective risk analysis in their respective business sector which will enable them to identify the various risks which are being faced by them in their business and this will enable the business establishments to address those risks in an effective manner. The business establishments need to undertake an effective auditing which will enable them, to identify the cash inflows and cash outflows from their business8. This will enable them to monitor their business activities in an effective manner by ensuring an effective capital budgeting and thus the business establishment would be able to allocate resources in an effective manner according to the needs of their business. The business structure under which an organisation operates would also play a vital role in guarding against inherent risks in the market. The Joint venture strategy is also goin g to play a vital role in this regard as it is not considered to be a legal entity and thus companies entering into joint ventures do not engage in any form of contracts or have tax liabilities in the market7. References Brown, A. J. (2008).Whistleblowing in the Australian public sector: Enhancing the theory and practice of internal witness management in public sector organisations(p. 333). ANU Press. Christopherson, S. (2008).Beyond the self-expressive creative worker an industry perspective on entertainment media.Theory, culture society,25(7-8), 73-95. De Maria, W. (2006).Common law-Common mistakes?Protectingwhistleblowers in Australia, New Zealand, South Africa and the United Kingdom.International Journal of Public Sector Management,19(7), 643-658. "Enron Whistleblower Tells Of 'Crooked Company'". msnbc.com. N.p., 2006. Web. 12 Sept. 2016. Getz, D., Page, S. J. (2016).Event studies: Theory, research and policy for planned events. Routledge. Latimer, P., Brown, A. J. (2008).Whistleblower laws: International best practice.UNSWLJ,31, 766. Miceli, M. P., Near, J. P., Dworkin, T. M. (2009). A word to the wise: How managers and policy-makers can encourage employees to report wrongdoing.Journal of Business Ethics,86(3), 379-396. Rapp, G. C. (2007). Beyond protection: invigorating incentives for Sarbanes-Oxley corporate and securities fraud whistleblowers.Boston University Law Review,87, 91. Teo, H., Caspersz, D. (2011). Dissenting discourse: Exploring alternatives to the whistleblowing/silence dichotomy.Journal of Business Ethics,104(2), 237-249. Tsahuridu, E. E., Vandekerckhove, W. (2008). Organisational whistleblowing policies: Making employees responsible or liable?.Journal of Business Ethics,82(1), 107-118. Van der Wagen, L. (2010).Event management.Pearson Higher Education AU. Vogel, Harold L.Entertainment industry economics: A guide for financial analysis. Cambridge University Press, 2014. Yeoman, I., Robertson, M., Ali-Knight, J., Drummond, S., McMahon-Beattie, U. (Eds.). (2012).Festival and events management.Routledge. Canny Gabriel Castle Jackson Advertising Pty Ltd and Fourth Media Management Pty Ltdvs.Volume Sales (Finance) Pty Ltd [1974] 3 ALR 409