Category: Essays

* Maximum of 5% above the word limit without penalties.

Referencing style:

Harvard style

http://www.law.ox.ac.uk/published/OSCOLA_4th_edn_Hart_2012QuickReferenceGuide.pdf

https://ilrb.cf.ac.uk/citingreferences/oscola/tutorial/index.html

Answer ONE of the following three questions:

Question 1

Klausland acceded to the WTO in 2008. As a small pacific island developing country, Klausland is particularly vulnerable to the impacts of climate change. As part of its long-term national energy and climate change strategy, the government of Klausland decided to produce wind turbine technologies to meet the country’s energy needs.

As part of its programme of regulatory reform, Klausland started to apply the following trade restrictions:

1.1. ad valorem customs duties of 20 per cent on foreign wind turbine technologies; but an ad valorem customs duty of 15 per cent on solar panel technologies (which also reduce green house gas emissions)
1.2. A lower custom duty of 5% was applicable to the imports of wind turbines and solar panels from Samoa, which is a neighboring island country.

1.3. A ban on the imports of oil and gas from other countries because of concerns over the release of green house gas into the atmosphere which cause climate change.
1.4. Quantitative restriction in the form of quotas of 100 units yearly on foreign wind turbine technologies, so as to protect its local manufactures from international competition.
1.5. all the imports of wind turbine or solar panel technologies had to take place in the port of Didier, in the north of Klausland.
1.6. A customs handling fee of 1 per cent was applicable in all imports into the country, with the view of supporting local social and environmental projects.

Moreover, in general Klausland applied an internal tax of 20% on domestic sales of both domestic and foreign manufactured wind turbines and solar panel technologies. However:

1.7. A lower tax rate of 15% was applicable to domestic sales of wind turbines manufactured in the neighboring country Samoa; or by the state-owned energy company Madras.
1.8 It exempted from internal taxes any wind turbine or solar panels, both domestically and internationally produced, which contained fewer assembly parts making it easier for them to be recycled after decommissioning.

Furthermore, the national law in Klausland required that:
1.9 A minimum sales price requirement of at least $5,000 per unit for all wind turbines sold in the country
1.10 Government bodies must use only nationally produced solar panels in government departments and offices.

Despite the trade restrictive measures introduced by Klausland, the national manufacturers are still unable to compete with foreign manufacturers of wind turbines and solar panel technologies, who maintain 70% share of the domestic market. The domestic manufactures then start to lobby the government of Klausland to impose the following measures:

1.11. Impose anti-dumping duties on three of the main exporter countries of wind turbines and solar panels to Klausland.
1.12. Impose counter-veiling duties on wind turbines from China, whose government is suspected to be subsidizing its local manufacturers of wind turbine technologies.

An eminent international trade lawyer, you are asked to give legal advice to the government of Klausland on the legality of the above mentioned measures under international trade law.

Indicative Reading:

Michael J. Trebilcock and Robert Howse, The Regulation of International Trade, 4th Edition, (Routledge, 2013), chapters 2, 4, 7, 9 and 10

Matthias Herdegen Principles of International Economic Law (OUP, 2013), chapter 14

Ray A. August, Don Mayer, Michael Bixby, ‘International Business Law: Texts, Cases and Readings’ (Pearson, Prentice Hall, 2013, sixth edition), chapters 8 and 9

Peter van den Bossche, the Law and Policy of the World Trade Organisation: Text, Cases and Materials, (Second ed., Cambridge University Press 2013, third edition); chapter 4; ); chapters 5-6

L Brink and D Ikenson, ‘Reforming the Anti-Dumping Agreement: A Road Map for WTO Negotiations’ (2002) 21 Trade Policy Analysis No. 21.

Lowe, A. International Economic Law (OUP, 2008), chapters 3-5; chapters 9-10

J. Qin, ‘Defining Non-discrimination under the law of the world trade organisation’ (2005) 23 BU Int’ LJ 215

J. Neumann and E Turk, ‘Necessity Revisited: Proportionality in World Trade Organisation Law After Korea-Beef, EC-Abestos and EC-Sardines’ (2003) 37 Journal of World Trade, 199.

R. Howse and J. Jangille, ‘Permitting Pluralism: The Seal Products Dispute and why the WTO should accept trade restrictions based on non-instrumental moral values’ (2012), 37 Yale Journal of International Law 2.

P.E. Veel, Carbon Tariffs and the WTO: An Evaluation of Feasible Policies’ (2009) 12 Journal of International Economic Law 738-800

H. Wright and R. Pereira, A Legal Framework for Clean Technology Transfer and Finance, in K. Makuch and R. Pereira (eds.) Environmental and Energy Law, (Wiley-Blackwell, 2012)

Some Key WTO cases:

WTO. Japan: Taxes on Alcoholic Beverages – Report of the Appellate Body (1996) WT/DS8/AB/R, WT/DS10/AB/R

WTO, Philippines: Taxes on Distilled Spirits – Report of the Appellate Body (2011) WT/DS403/AB/R.
WTO, United States: Import Prohibition of Certain Shrimps and Shrimp Products – Report of the Appellate Body (1998) WT/DS58/AB/R

WTO, China: Measures Related to the Exportation of Various Raw Materials – Report of the Panel (2011) WT/DS394/R, WT/DS395R and WTDS386/R

Appellate Body Report, Brazil – Measures Affecting Imports of Retreaded Tyres, WT/DS332/AB/R, adopted 17 Dec 2007, DSR 2007:IV, 1527.

WTO, European Communities and Certain Member States: Measures Affecting Trade in Large Civil Aircraft – Report of the Appellate Body (2011), WT/DS316/AB/R

WTO, United States: Measures Affecting Trade in Large Civil Aircraft – Report of the Appellate Body (2012), WT/DS353/AB/R

Question 2

‘The adoption of the Bali Agreement in December 2013 was only a modest development towards the liberalization of world trade. The WTO Doha Round of Negotiations has so far failed to reform WTO law for further liberalization of trade in agricultural products, in particular the phasing out of subsidies which prevent the access of producers in developing countries to the markets of developed countries. Moreover, Doha has so far failed to address the intricate questions surrounding further liberalization of trade in services; and the strengthening of the global regime governing the protection of intellectual property rights, which needs to be reconciled with the interest of developing countries to gain access to vital patented drugs developed by foreign pharmaceutical companies.”

Critically discuss the above statement.

Indicative reading

Michael J. Trebilcock and Robert Howse, The Regulation of International Trade, 4th Edition, (Routledge, 2013), chapters 8, 12-14, 17, 21

Ray A. August, Don Mayer, Michael Bixby, ‘International Business Law: Texts, Cases and Readings’ (Pearson, Prentice Hall, 2013, sixth edition), chapters 8 and 9

Bali Ministerial Declaration and Decisions: http://wto.org/english/thewto_e/minist_e/mc9_e/balipackage_e.htm

Peter van den Bossche, the Law and Policy of the World Trade Organisation: Text, Cases and Materials, (Second ed., Cambridge University Press 2013, third edition); chapter 8 (pp. 805 -)

Lowe, A. International Economic Law (OUP, 2008), chapter 11

Matthias Herdegen Principles of International Economic Law (OUP, 2013), chapters 15-18 & 27-28

Peter van den Bossche, the Law and Policy of the World Trade Organisation: Text, Cases and Materials, (Second ed., Cambridge University Press 2013, third edition); chapter 8 (pp. 742-802)

Lowe, A. International Economic Law (OUP, 2008), chapters 6 & 12

D Das, ‘The Doha Round of Multilateral Trade Negotiations and Trade in Agriculture’ (2006), 40 Journal of World Trade 259

T Beierle, ‘Agricultural Trade Liberalisation – Uruguay, Doha and Beyond’ (2002) 36 JWT

D Coppens,’WTO Disciplines on Export Credit Support for Agricultural Products in the Wake of the US-Upland Cotton Case and the Doha Round of Negotiations’ (2010) 44 Journal of World Trade 349

H. Wright and R. Pereira, A Legal Framework for Clean Technology Transfer and Finance, in K. Makuch and R. Pereira (eds.) Environmental and Energy Law, (Wiley-Blackwell, 2012)

ME Footer and C George, ‘The General Agreement on Trade in Services’ in PFJ Macrory, A. Appleton, and M Plummer eds. The World Trade Organisation: Legal, Economic, and Political Analysis (Springer, 2005)

M. Yoloi-Arai, ‘GATS Prudential Carve Out in Financial Services and its Relation with Prudential Regulation’ (2008) 57 International and Comparative Law Quarterly 623.

T. Voon, ‘Patents and Public Health in the WTO, FTAs and Beyond: Tension and Conflict in International Law’ (2009) 43 Journal of World Trade 571

FM Abbott, ‘The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health’ (2005) 99 American Journal of International Law 317.

Some key WTO case-law:

WTO, United States: Subsidies on Upland Cotton – Report of the Appelate Body (2005), WT/DS/267/AB/R

WTO, European Community: Subsidies on Exports of Wheat Flour SCM/42 21 March 1983

WTO, France: Assistance to Exports of Wheat and Wheat Flour BISD 75/46 (1959)

WTO, United States: Measures affecting the Cross-Border supply of Gambling and Betting Services – Report of the Appellate Body (2005) WT/DS285/AB/R

Question 3

In the summer of 2007, a UK Pension Fund invests £150,000 on Collaterised Debt Obligations (CDOs) and £100,000 on shares from Baribas Ltd bank, relying on the advice of Credit Rating Agency Moody’s, which released a report giving a high credit rating (AA) to Baribas and its CDOs.

Representing a group of investors, the UK Pension Fund decides to bring legal action before the English High Court in 2012 against Baribas bank, the Credit Rating Agency Moddy’s and the UK Financial Services Authority, claiming that the following violates international, EU and UK law:

1) The investment bankers working for Baribas were incentivized to make riskier investments due to an internal banking culture that authorized higher bonuses and no penalties linked to irresponsible risk-taking.
2) Despite pressure from its shareholders and investors, Baribas has refrained from disclosing vital financial information in its annual financial reports.
3) The financial reports, released after shareholder’s action, suggested that the CDOs were based on subprime mortgages that could not be repaid. Despite being aware of this, the Credit Rating Agency Moddy’s gave the CDOs high credit ratings.
4) Baribas only held 4% capital in risk-weighed assets; and its leverage-ratio was 15:1. Baribas becomes insolvent as it had too much exposure to the CDOs, leading to the collapse of other banks and insurance companies that had exposures to or insured Baribas’ CDOs.
5) A group of depositors have tried to claim the full value of their deposits back after Baribas’ collapse, but were told that they could only receive up to 3,000 Euros.
6) Despite being aware of the excessive risk taken by some employees at Baribas, the UK Financial Services Authority has failed to take any action.

An eminent international lawyer, you are hired by the UK Pension Fund to write a piece of legal advice on the application of international, EU and UK law (including the post-crisis regulatory reforms) to the above scenario.

Indicative Reading:

Hudson, The Law of Finance (Sweet & Maxwell, 2nd ed. 2013) chapters 28 & 45 (refer also to other relevant chapters listed in table of contents)

Matthias Herdegen Principles of International Economic Law (OUP, 2013), chapters 31-39 & 42

Ray A. August, Don Mayer, Michael Bixby, ‘International Business Law: Texts, Cases and Readings’ (Pearson, Prentice Hall, 2013, sixth edition), chapter 6

Michael J. Trebilcock and Robert Howse, The Regulation of International Trade, 4th Edition, (Routledge, 2013), chapter 6

Stephen Valdez and Philip Molyneux, ‘An Introduction to the Global Financial Markets’ (Seventh ed., 2013), chapter 9

Lowe, A. International Economic Law (OUP, 2008), chapters 15-18

Basel Committee on Banking Supervision: Basel III: A Global Regulatory Framework for more Resilient Banks and Banking Systems, December 2010 (revised June 2011)
http://www.bis.org/publ/bcbs189.pdf

EU Commission Communication, ‘An EU Framework for Crisis Management in the Financial Sector’. COM (2010) 579
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0579:FIN:EN:PDF

Rosa Lastra. Legal Foundations of International Monetary Stability (OUP, 2006) chapters 4 and 14

Coskun, ‘Credit-rating agencies in the Basel II framework: why the standardised approach is inadequate for regulatory capital purposes, 2010 25 (4), Journal of International Banking Law and Regulation

Goodhart and D.Schoenmaker,’Fiscal Burden Sharing in Cross Border Banking Crises’ (2009) 5 (1) International Journal of Central Banking

Goodhart, ‘The regulatory response to the financial crisis’ Journal of Financial Stability 4 (2008) 351-358

‘A Regulatory Response to the Global Banking Crisis’ (Turner Report), Financial Services Authority, March 2009

Gary Gorton and Andrew Metrick, ‘Securitised Banking and the Run on the Repo’ NEBR Working Paper No. w15223, August 2009

Charles Kahn and Joao Santos, ‘Allocating Bank Regulatory Powers: Lender of Last Resort, Deposit Insurance, and Supervision’ (2005) 49 (8) European Economic Review 2107

R. Lastra, G. Wood, ‘The Recent Financial Crisis: Why did it happen and what lessons can it teach’ (2010) 13 (3) Journal of International Economic Law

R. Lastra, ‘Systemic Risk, SIFIs and Financial Stability’ (2011) Capital Markets Law Journal

Goodhart, The Regulatory Reponse to the Financial Crisis’ (Edward Elgar Publishing, 2010)

G. Sjoberg, Handling Systemically Important Banks in Distress – some thoughts from a Swedish Perspective, European Business Organisation Law Review 12, 2011/2012

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Challenges to the pharmaceutical industry’s blockbuster-driven business model, and the effectiveness of GlaxoSmithKline’s strategies for meeting these challenges

You should specify your audience/client. These are the options:

Pension fund
Ethical investment fund
Subscription only industry reports service
Publishing arm of a consultancy firm
Respected business newspaper

Your report should consider:

Company, business press and analysts’ narratives
‘Hard’ data such as year on year sales growth, market share
Patent challenges
Shape of the pipeline
Share price
Academic perspectives on pharma and GSK, as appropriate

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The U.S. has long prided itself on being a relatively democratic system, in which the voice of the people could be raised, and also one in which the representatives of the people, for the most part were elected, and could be voted in, or out at regular intervals. We have not been bashful about offering up our system as a model for other countries to follow if they were interested in promoting the legitimacy and stability of their elected governments. Perhaps surprisingly, perhaps not, fewer and fewer governments seem interested in learning from our model.

Two major problems seem to plague our electoral system. The first is our doubly indirect and hence extremely non-representative method of electing our Presidents. While many voters believe that they are choosing their President in the voting booth (since only those names appear on the ballot), they are in fact, choosing one of three slates of electors, whose names are nowhere listed on the ballot. Many other countries allow their citizens to directly elect their Presidents, which at least appears more open and honest. The second major issue, which is related to the first in several areas, is electoral fraud. While existent throughout our electoral system (think campaign finance, which many governments would call bribery…) fraud appears to be concentrated in our presidential races. Just look at the 2000 elections, in which a whole series of fraudulent activities orchestrated by the future President’s brother (Jeb Bush) as Governor of Florida and the supposedly non-partisan Secretary of State of Florida, Katherine Harris (who was a paid operative of the W for president campaign) delivered that state, and hence the presidency to W. We ended up with a selected (not elected) President, huge and continuing budget deficits, and an illegal pre-emptive war in Iraq, from which we have only recently managed to mostly pull our nuts out of the fire… Though it now looks like the huge disruptions caused by our invasion (one of those famous "unintended consequences") have empowered an unlikely group (ISIL) to tempt us back into the harms way.

Essay Question: Supposing that we really do want to someday be known as a truly democratic nation, which is mature enough to choose its own President, and not be stuck with a selected loser who can only win by cheating, how would you reform the system to make it what it is supposed to be and what it claims itself falsely to be today? (Again, you needn’t confine yourself to minor cosmetic changes. One day, this whole mess of a governmental system will be dropped in your laps. Will you have the combination of imagination and courage necessary to make our system live up to its ideals, which are indeed quite lofty and worthwhile? That may be the true test of patriotism, rather than gluing flags to one’s car’s roof, and attempting to “punish” countries that disagree with our misguided policy choices…)

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Your task is to write a short brief on an environmental/nuclear issue. The
government may or may not already have a policy concerning this issue. Below
is a list of subject areas from which you may want to select your issue.
Keep in mind that the President is unsure as to what position to take on this
issue. It is your job to look at the current government position (if there is one)
and determine what the US government’s position should be. Regardless of
what you recommend to the President you should present a good argument.
There are two important things you need to know about the President: (1) the
thing that matters the most to him is getting re-elected, and (2) he doesn’t have
the time for a long explanation.
This is a brief and thus should be very concise. It should be no more than 2
pages without figures. Use standard 8.5” x 11” paper with 1-inch margins (top,
bottom, left and right). Use a font size no smaller than Times New Roman 11 pt.
You can add figures above the 2 page limit, but these figures must be pertinent.
Make every sentence count. If a sentence doesn’t add anything, get rid of it.
Provide appropriate citations for any references that you use (not counted
towards the above page limit). Check any references that you use to make sure
that they are correct and related (you will be graded on this as well).
A suggested outline of the brief might be as follows:
• One page of introduction/explanation of the current government position.
• One page of analysis and explaining your position/making
recommendations.
You will be graded on your ability to convince the President of your position.
You don’t have to take the popular position, but you’d better address the
potential voter reaction to your position. That matters to the President and thus
matters to you. You will also be graded on the professionalism (grammar,
spelling, organization, and format) displayed in your paper. You will be graded
on your ability to be concise (Do not exceed the above page limit).Some potential subject areas may include:
1. Environmental racism.
2. Nuclear material non-proliferation.
3. Generation IV reactors.
4. North Korea’s nuclear ambition.
5. High level nuclear waste disposal.
6. Reprocessing of spent fuel.
7. Iranian nuclear program.
8. Nuclear power plant physical protection standards.
9. The Global Nuclear Energy Partnership.

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This assignment asks you to re-purpose your picture story assignment as two magazine spreads (four pages). The objective is for you to demonstrate your understanding of typographic and design theory and to use your computer skills to produce a print design.

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. Write your exam on a course theme other than the theme of your major essay Choose among the three theme units: i.e. environment, colonialism and genocide. I choose the genocide as the main theme.

2. Select and analyze one symbol or more from J. C. Cooper’s Illustrated Encyclopaedia of Traditional Symbols assigned to the course unit on your chosen theme.

3. You have to choose references from the Course Resources in the specific requirement file that I will attach them in the uploaded files, you cannot choose by yourself. So, the the picture will be uploaded by me, part of them are explanation of symbol of evil by J.C. Cooper, the rest of pictures are photography of textbook. Also, the film named Sacred Scared must be a good source of final paper that you can think more of it. Here is the link: https://www.nfb.ca/film/scared_sacred

4. The writer need to explain from the side of “Triple vision” by Karen Armstrong, I upload that file as well.

5. Start with the idea of a symbol which represents the experience of evil described in the news reports you have selected for the essay. Add a substantial layer of analysis of symbols (for example, an image from ARTstor or a symbol from J. C. Cooper’s Illustrated Encyclopaedia) to your analysis of the news reports.

6. You can learn the style of final paper through the file named examples.

I understand that the too much instruction and paper need to be read to complete the final paper, so, I really appreciate your work every time.

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Based on the given case study in attachment file , you may select any other IT systems Failure in an organization in the UK or any other country. You should briefly outline the organization and systems failure incident you are discussing to provide the background /context for your report.

The board have asked for a full report and asked that the report address and discuss the following issues:

1. Evaluate the current management information system application opportunities generally in industry, AND more specific to the business 25%
2. The reasons for and symptoms of the failures, discussing the impact of the failures on the customers and relationship with them. 20%
3. Recommendations and lessons for the future in such organizations for monitoring and controlling the operations of IT systems with a clear strategy to manage the IT systems in future. 25%
4. Describe using examples, the types of decisions that can be supported by IS applications within the business 20%
Structure, executive summary, referencing & presentation 10%

Guidance notes
You are required to demonstrate knowledge and understanding from your individual research and wider reading. Your work must be presented in essay format style. As an academic piece of work you are expected to link theory and practice. You should take care to ensure that the work you submit has a high standard of presentation. You must acknowledge the sources of information and evidence using the Harvard referencing system. All assignments are subject to the University’s regulations on plagiarism and must be submitted in electronic form for checking.

Online informal website references are limited used with maximum two. Only academic ones are permitted and all in Havard format.

THE MODULE AIMS TO:
• Provide a comprehensive study of the use of information systems for management.
• Provide a focus on the development and effective use of management information systems in today’s companies’ decision-making and an examination of traditional information systems development from the end-user’s perspective.
• Evaluate and interpret the understanding of managerial decision
• making and the practical application of information systems to enhance the organisation’s effectiveness in achieving its goals.
• Enable students to comprehensively understand the use of applications software to develop individual applications that solve business problems.
• Develop and introduce a framework for investigating the opportunities and problems associated with computer-based management
• information system that will provide the background for determining the usefulness of computers to assist management in the planning and control of business operation.

Upon completion of the module the student will be able to:
LO1 – Identify, diagnose and evaluate management information system application opportunities in business and industry.
LO2 – Understand and differentiate between the types of decisions that can be supported by computer-based IS applications.
LO3 – Describe and demonstrate the understanding of the application of computer-based applications in the major functional areas of business, including accounting, finance, marketing, and manufacturing.
LO4 – Systematically evaluate the issues involved in the development and deployment of management information systems.
LO5 – Perform the necessary requirements analysis for an MIS application

Online informal website references are limited used with maximum two. Only academic ones are permitted and all in Havard format.

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Watching the film Blow Up which was directed by Michelangelo Antonioni. Oay attention to the totality of Antonioni’shot choices, mise-en-scene, camera movement, and the way he relates actors to objects in his compositions. Answering the following questions:
1. How would you describe the color palette of the film? What are the dominant colors?

2. What are the principal locations utilized in the film?

3. How do you feel about the photographer and supporting characters in the film?
Notice that while he is named in the short story that served as the inspiration for
the film, Antonioni purposely does not name him in the film.

4. What interesting directing strategies did you notice in scenes or sequences?

5. What meaning do you take from the scene at the end of the film? Pay close
attention to the last shot and edit. See the case study notes on Antonioni from
class #7.

6. Although Blow Up most effectively utilizes visuals to tell the story, there are some very interesting lines of dialogue in the film that contribute to the theme. Did any of them capture your attention?

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The Assignment for this unit consists of a maximum of 3000 words, excluding appendices where appropriate, in the form of a portfolio of evidence. The portfolio itself is personal development in focus, Suffice to say here is that it provides a way of documenting the information and in reflecting upon the knowledge and experiences you have gained and how this has been applied and utilised in the practice of management and in informing strategies that will assist your performance, including your personal and professional development.

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Over the course of the semester, complete a Research Paper comparing & contrasting the five main topics from the course syllabus with Saudi law.

1. Cover Page–with ALL course essentials listed in the student Semester Schedule received from the PMU Registrar

2. Table of Contents–with ALL five main sections as listed below. (For specifics, refer to course syllabus.)
A. The legal business environment
B. Torts and crimes
C. Contracts and e-contracts
D. Business organizations
E. International law in a global economy

3. Contents are to be no more than 20 double-spaced pages, using the following format for page #s: Page 1 of 20.

4. Include Footnotes and Bibliography

5. Enter the data in the top of this sheet; print the sheet; and staple this sheet to the Cover Page of your Research Paper

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