Internet and International Commercial Law Dissertation

Internet and International Commercial Law - Dissertation Example The Internet has become the platform for sellers to show case their goods and services which the buyers and consumers alike could access them readily at competitive prices. Internet legal hassles increase with the ever increasing usage of internet internationally. Although disputes are resolved through long existing treaties, conventions and jurisdictions, some issues relating international applications and internet regulations are yet to be addressed. The United States law is the frequently applied law to set right legal issues arising out of international internet legal difficulties concerning e-commerce of not only Americans but also people outside the American jurisdiction, Just as the United States have legislated Internet-related laws, there are Cyber-Crime Conventions, the Hague Conventions on Jurisdictions and judgments, rulings of the World Intellectual Property Organisation and the United Nations Internet Governance available for applications in the international commerce t ransactions. The Hague Choice of Court Convention aims to remove uncertainty in the issues of jurisdiction, judgement recognition in online transactions governed by International business-to-business to agreements. Obviously consumer transactions are not included. The Hague Convention’s provision for honouring of forum selection clauses will ensure incorporation jurisdiction in the international contract agreements and in turn facilitate recognition of the relevant court’s judgment as also its enforcement globally i.e amongst the signatory countries. It is noteworthy that a domestic agreement cannot designate a foreign court. Apart from International Internet law, International Internet case law has also developed over the years. For example, choice of law and recognition of judgement were an issue in La Ligue Contre Le Racisme et L'Antisemitisme v. Yahoo, in which a French court issued its judgement regarding an Internet case dealing with sale of Nazi-related items. T his became an issue in the United States when the French court’s judgement was sought to be enforced in the U.S. As most of the International Internet disputes in the United States claim jurisdiction outside the U.S., parties to the dispute application of non-American law. In Dow Jones v Gutnick, the High Court of Australia decided in favour of an Australian to bring action for defamation on a U.S. party for an Internet article published on American Server and downloaded in Australia.2 United Nations Convention on the Use of Electronic Communications in International Contracts This convention of 2004 aims to eliminate legal uncertainty in the use of electronic communications during the course of international commerce as the uncertainty is a potential obstacle to international commerce. Besides elimination of uncertainty, the convention aims to bring in uniform rules to be adopted so as to remove obstacles said above and to remove possible problems that may be encountered in the operation of international trade law instruments such as Letter of Credit etc. The uniform rules also recognize the parties’ freedom to select media and technologies of their choice so as to uphold the principles of technological neutrality and functional equivalence. This would ensure that electronic means chosen by the parties are in compliance with law. Thus this Convention applies where parties to a contract are from different countries.

Critical Thinking Research Paper Example | Topics and Well Written Essays - 750 words

Critical Thinking - Research Paper Example When HP, Compaq, and Dell developed PCs and offered to the individuals at an affordable cost, the market grew at an exponential rate. It was too late for IBM then to grab a respectable share in PC market. A critical and creative thinking on part of the IBM to serve large small consumers at an affordable cost would have prevented others to grab the huge market that it culminated into within a decade or so. Free will is a philosophical term for which most philosophers believe that the free will is related with moral responsibility. Acting with free will means one is responsible for ones action. Free will, according to Rene Descartes, means freedom of choice to do or not to do something (Stanford encyclopedia of Philosophy, 2010). Socrates rightly said that truth can be approached by complete ignorance and not by any preconceived notions and beliefs. When one questions all established belief system then one goes nearer to the truth. Usually, it is believed that knowledge is an observational phenomenon but according to ‘rationalists’, knowledge can also be gained purely by thinking. This contrasts the view point of ‘empiricists’ that all knowledge is gained through observations. In order to understand what knowledge is and how it will be available, one needs to ponder over what role knowing might play or what inherent value it may offer – if there is any (Internet Encyclopedia of philosophy (2012). Usually, opinions are formed before hand before going deeper into the details. Each one of us has preconceived beliefs and opinions about so many things and that come in our way in finding the truth. Opinions without any basis are great impediments to our free thinking. Egocentrism is hindrance to critical thinking because it revolves around self-centered thinking. It has two major forms known as self-serving and self-interested thinking. Egocentrism develops due to superiority feeling in

Katrina Course work Coursework Example | Topics and Well Written Essays - 500 words

Katrina Course work - Coursework Example If people will not do something about it, chances are, the city will eventually vanish. Hurricane Katrina started as a tropical depression twelve due to the interaction of the tropical wave and the tropical depression. It transformed into the tropical storm status and in the span of 2 hours became a hurricane. The intensity ceased for a moment but came back growing from Category 3 hurricane to category 5 in the span of 9 hours. It decreased its intensity when it was absorbed by a frontal boundary. Yes, because the continuous rise of the intensity of the hurricane from tropical depression was nonstop. It started as a tropical depression on the 23rd of August, and within just a few hours, it transformed into category 1, to category 3, and finally made its strongest as category 5 hurricane. No, Hurricane Katrina was an extremely powerful storm. It was just too strong making it one of the five deadliest hurricanes in America and Katrina could easily change its intensity in just a few hours making it hard for the government and the people to make thorough

Managing Business in Europe Essay Example | Topics and Well Written Essays - 2500 words

Managing Business in Europe - Essay Example Though, there are lot of prominent automobile manufacturers in Europe, majority of the production of automobiles required for the European market is outsourced. The prominent automobile manufacturers in Europe are DaimlerChrysler, Volkswagen (VW), BMW, Ford Europe, General Motors (GM) Europe, Renault, PSA (Peugeot-Citro'n), Fiat and Porsche etc. "The EU is the largest automotive production region in the world and the industry comprises 6.5 % of the manufacturing sector in the Union. Direct employment by the automotive industry stands at about 2.2 million employees, while the total employment effect (direct and indirect) is estimated to be about 12 million" (THE AUTOMOTIVE SECTOR, 2009). This report analyses; Influence of EU's policies on Automotive Industry; Influence of Single European Market or EMU on Automotive Industry; Opportunities and threats for Automotive Industry associated with the enlargement of the European Union; Automotive Industry strategies for Europe etc. The increasingly international setting of business makes it harder and harder to establish the boundaries of a national economy or even to separate the European economy from its global context (Wallace &Young, 1997, p.3) Globalization and liberalization policies have revolutionized the who world and the business strategies were redefined in order to meet the demands of a global world by many of the organizations. Separate co-operative sectors are working in most of the parts of the world in order to exploit the possibilities opened by globalization. EU is one of such co-operation aimed at the integration of the whole European region for the collective growth. The current focus of the EU institutions is on making the EU one of the most competitive markets in the world by 2010 and ensuring stable economic growth. Efforts to this end include investment in human capital, improvements in physical infrastructure and enhancement of available network in the transportation, telecommunications and energy sectors. To counter sluggish economic conditions compounded by uncertainties due to geopolitical tensions and international terrorism, the European Commission has endorsed economic growth initiatives including European Action for Growth (Country Industry Forecast - European Union Automotive Industry, 2004) EU has implemented lot of strategies in order to encourage the automotive industries in the European region and to make the region, the world's highest automobile manufacturing region. At present the Asia-Pacific region holds this position and the EU has taken every possible measure to capture the first position. Environmental legislation and recycling legislation are some of the strategies adopted by EU in order to raise the standards of automobile manufacturing in this area. "The EU emissions standards are compulsory in all EU Member States. The

Evaluate returns predictability Coursework Example | Topics and Well Written Essays - 1500 words

Evaluate returns predictability - Coursework Example This paper has two sections; in the first section it discusses empirical evidence on the predictability of excess of returns by the technical analysis method, the second section is devoted to evaluating whether return predictability is a good test for market efficiency. Gustafsson (2012) conducted a research on how the stock market performed relatively to the predictions by the technical analysis method in the Swedish stock market. According to technical analysis assumed that successive returns were related. In other words, positive returns in a given time period would be followed by equally positive returns in the same period of the subsequent year. On the basis of the above assumption, Gustafsson (2012) wanted to test the hypothesis that successes in the stock market were independent. Among other tests, the research summarized results from various trading rules to test whether a technical analysis would have been used to accurately predict recurring price patterns and hence returns. The research found out that the comparison between 2001-12-28 and 2011-12-30, the average daily return was 0.0184% for the buy and hold strategy, with a standard deviation of 0.016 and the total number of trading days was 2517. With this statistic, the t-statistic for the buy and hold strategy was 0.58. This study made reached some interesting conclusions from the data. Interestingly, it found out that the introduction of RSI and the RSIstoch that indicates the directional strength of price changes had an impact on the return predictability. Further, the findings lend to the support of the assumption that technical analysis can be used to predict future price movements. This is because; average daily buy-day returns were significantly larger than average daily-sell returns. As such, it meant that the technical trading rules also had a

Lab 5 Essay Example | Topics and Well Written Essays - 500 words

Lab 5 - Essay Example However, when the value of frequency was upped to 100, as in image 5, the amplitude of spectrum obtained was more distantly spaced when compared to those previous images with frequencies 5 and 50. Overall, the experiment proves differences/ changes in wavelength when frequencies are altered. In addition, the experiment Fourier offers better insight regarding waves. The images highlighted above are those of frequency wavelength cycles of 20.5, 60 and 100 that are found in the direction of X. Proportional to the frequency value/ strength applied the 2 dots found on the right portion of the images are variously spaced. This is seen the three images 7, 8 and 9 where images 8 and 9 which have superior frequencies exhibit greater spacing between the two dots that image 7 that has frequency 20.5. Image 9 has the greatest spacing therefore, as is clearly seen. This test demonstrates that waves are not found in the direction of Y but are situated along the X direction. The images shown have two spikes divided by the Fourier transform and the image and are exhibited as two different frequencies. As observed in image 10, there exist spikes frequencies which are low at 5.5. In image 11, spikes are of high frequency, at 30.5 with two waves above 0. The first of these waves above 0 is parallel to the low waves of frequency at 5.5 and the second one also parallel but to the waves of frequencies that are high at 30.5. Moreover, the spikes on the positive section resemble mirror images of those on the negative part as observed in the images 11, 13, 15. Image 13 and 12 additionally depict the same outcome as above when their values of N1 is 5.5 and that of N2 is 70.5. This implies simply that more brightness is obtained with increase in frequency. Contrarily, image 14 and image 15 with N1 being 20 and N2 at 22 do not result in frequencies that are good as the waves move and stop repeatedly (as observable in the images). To counteract this

Case study analysis Example | Topics and Well Written Essays - 500 words

Analysis - Case Study Example In the e-learning project, strong team work made it to attain its objective making the Australian Customs Service to provide excellent services. Being a body that is responsible for provision of security and integrity of Australia borders, Australian Customs Service noted the need to develop a system that would ensure effective collaboration among the 4,900 employees (David, 2006).The e-learning project was undertaken after the Customs evaluation and came to a conclusion that it will achieve the expected outcomes. One of the notable strengths of the project is that it enjoys the support of the large number of employees. In this way, it would not face resistance during implementation. Additionally, Australian Customs Service applied new technology that is positively viewed as a major solution that faces security personnel. The project also underwent extensive analysis before being implemented, implying that minimal resources were lost resulting to a higher rate of return on investment. The strong working relationship between the project managers and the working group is another strength that made the e-learning project to achieve its objectives. Based on the need by the Customs to provide a project that is effective, the process of planning e-learning took a lot of time. The costs that the Customs underwent in terms time and financial resources could have been possible reduced by outsourcing the project. Due to the modern technology that the e-learning project is adopting, the Customs have an opportunity of conducting training programs easily. On their part, people working in Australian Customs Service will get a chance of enhancing their skills thus becoming more productive. The e-learning project can also be adopted by other security agents that work in collaboration with Australian Customs Service. In this way, the Customs work will not only