Critically Analyse the Interpretation of Umbrella Clause in Investment Essay

Critically Analyse the Interpretation of Umbrella Clause in Investment Treaties - Essay Example investor in a host state.3 One such device is the umbrella clause. 2. Definitions of Umbrella Clause The umbrella clause is also known by other terms, such as the observance of undertakings clause, the observance of commitments clause, the pacta sunt servanda 4 clause, the sanctity of contract clause, and the mirror effect clause.5 There is no fixed wording for the clause, but it’s different manifestations are all to the effect that obligations are imposed upon the parties for those circumstances for which the contract had not specifically provided. The benefit of umbrella clause is that it can encompass all types of commitments whether express or implied, contractual or not contractual.6 The clause’s broadest version may be stated as: â€Å"Each Contracting Party shall observe any obligation it may have assumed with regard to investments.†7 As Dolzer & Stevens describes, the provision of umbrellas clause intends to ensure that contracting parties in an investmen t agreement should honour their commitments towards citizens or investors of other parts.8 Consequently, The effect of umbrella clauses is for arbitral jurisdiction to be extended more broadly to investment disputes that involve alleged default by the host state in meeting any obligation it owes to the foreign investor. Through umbrella clauses, therefore, the investor secures the state’s observance of its commitments. More state acts are thus brought â€Å"under the umbrella of protection of the treaty.†9 There are far-reaching effects of umbrella clauses, the most important of which is to extend violations of a contract relating to an investment to the status of treaty violations.10 The conventional concept of the umbrella clause was best put forward by Noble Ventures v Romania,11 which held that â€Å"the purpose of the parties in adopting an umbrella clause was ‘to equate contractual obligations governed by municipal law to international treaty obligations a s established in the BIT.†12 3. Evolution of Umbrella Clause Long before BITs were the norm and when investor-to-state arbitration was still unheard of, the only recourse of an individual who felt aggrieved by alleged illicit acts of the host state was by diplomatic protection. Traditional international law insulated governments against the direct claims of private persons (corporations and individuals), requiring aggrieved foreign investors to secure the consent of the host country before it may seek redress.13 It was a rule of customary law that a state may exercise its right of diplomatic protection only if a breach of international law has taken place, and its national has suffered some form of injury as a result thereof. The term umbrella clause was first used by an prominet international scholar Elihu Lauterpacht in a claim against Iran due to nationalisation of iranian oil fields when claim was made by the Anglo-Iranian Oil Company in 1953-54. Lauterpacht supported that an â€Å"umbrella treaty† would be implemented infringement of which would make the infringement if the

Mexican society Essay Example for Free

Mexican society Essay Mariano Azuela’s, The Underdogs, is full of characters that represent different sections of the Mexican society at the time of the Mexican Revolution around 1910 and each responds to the war according to their own circumstances and needs. The first such character is Demetrio Macias, a peace loving Indian, representing the poor peasants. His only interest is to protect what little he has. He is drawn into the revolution when he is being hunted by the soldiers of a political leader and he has to abandon his wife and child and watch the soldiers destroy his house. Demetrio responds by putting together a band of sharpshooting bandits who are wanted for various crimes they have committed At the start, Demetrio is full of noble ideas and wants to fight for the poor while taking from the rich, something like Robin Hood. The group is focused and meets with success. However as his group grows larger it becomes more difficult to control, because with each victory comes power and with that the demands. For instance, after each successful battle they feel justified in taking all girls above twelve years of age to â€Å"service† them. As time goes on, the rebels themselves forget what they are fighting for and start taking from the rich and poor alike Luis Cervantes, is a student portraying the educated middle class. He is captured by Demetrio’s men and manages to convince them that is a deserter of Huertas army and was actually trying to join them. He is unhappy with the treachery, and corruption in the Huertas’ army. The unnecessary meanness of the soldiers, rape, burning of homes, looting, torture, murdering of children. 1 Luis is a young man with ideals and a vision for the future. He believes that doing away with the crooked politicians will make Mexico a better place for everyone. While he imparts his wisdom on the bandits, some of them speculate if that is indeed what they are really all about, while majority just dreams about the booty the next town will bring. Luis’ unsuccessful attempts at conveying his insight to the bandits eventually cause him to change his direction and go in search of a business venture instead. The next characters we meet in the story are two women, who symbolize the role of the fairer sex in the Mexican war. First there is Camilla, who provides services such as cooking, or caring for the wounded. Although initially she comes across as a meek person, we see eventually that she is really a strong woman who has a major role to play in Demetrio’s life. Finally, there is â€Å"War Paint. † A very jealous and bold woman, who is always ready to rob anyone in her path. She uses sex to manipulate men and get what she wants. For example, at one point in the story Demetrio is ready to take her to a hotel after drinking heavily. She challenges his manhood by saying that a real man of his standing would find the best house in town, take it over by force if necessary and spend the night there. Thus, they spend the night in one of the best houses in town, and War Paint proceeds to rob it after entertaining Demetrio. It seems to me that the only person somewhat sincere with the revolution is Demetrio. After all he is the only one not willing to run away. He stands his ground and fights for what he believes in, despite the fact that the importance and force of revolution had lost its steam, and knowing in the end that he is outnumbered and will not survive. 1Cogan, Allan . The Underdogs (Los de Abajo): A Novel of the Mexican Revolution by Mariano Azuela. Retrieved from www. mexconnect. com

Charismatic Leadership In Organization Management Essay

Charismatic Leadership In Organization Management Essay In this competitive business environment, organizations ability to perform profitably is dependent on the leaders, which are running the organizations operations. In this fast-paced business world, an organization faces many muddy paths that must be crossed to attain success. Behind every organizations success, there is clear, important leadership, which is appropriate to the situation. Generally, an individual who guides, motivate and foster a group of people to meet a target is termed as a leader. Timothy Gian, in 2007 argued, Leaders need to be trusted by their followers because trust is the mortar that binds the follower to the leader. They further mentioned that trust is directly related to the outcome of an organizations performance. Charisma definition: Charisma is defined as a certain quality of an individual personality, by good quality of which he is bless from ordinary men and treated as gifted with supernatural, superhuman, or at least specially brilliant powers or qualities. Leadership: Leadership is a process by which a person influences others to reach an objective and directs the organization in a way that makes it more unified and logical Leaders carry out this process by applying their leadership attributes, such as  beliefs,  values, ethics,  character, knowledge, and  skills.   Professor Adair in 1984 developed a concept of leadership based on appropriate behaviour rather than personality or of being in the right place at the right time and focused the model in the needs of task, group and individuals in order to meet with the total situation model. Charismatic leadership: Charismatic leadership may be political, business, religious fields. Charismatic leadership is leadership based on the leaders ability to communicate and behave in ways that reach followers on a basic, emotional way, to inspire and motivate. Charismatic people have an extraordinary ability to condense complex ideas into simple messages. Charismatic leaders are pictured as organizational heroes or magic leaders, who have the social power basis to organize, launch new enterprises, inspire organizational renewal, and obtain extraordinary performance from organizational members. These leaders inspire trust, faith and belief in them. Of course none of this is a guarantee that the mission will be correct, ethical, or successful. Max Weber introduced the concept of charisma to account for the process by which radical change is brought about and legitimized in societies and organizations (Weber, 1922; 1947; 1968).. Since Weber, the sociological literature on charisma has attended to the introduction and reutilization of radical change induced by charismatic leaders societies (Bendix, 1985; Dow, 1969; Eisenstadt, 1968; Friedland, 1964; Trice and Beyer, 1986). Several sociologically oriented scholars argue that charismatic leadership can also emerge and be effective in formal, complex organizations (Dow, 1969; Shils, 1965; Beetham, 1974; Bryman, 1992; Etzioni, 1961). Figure : Charismatic Leader Beliefs and Attributes: I m going to discus two beliefs and attributes of leaders behaviour that are involved in charismatic leadership. Inspiration Inspiration requires a mission to which the leader is dedicated and which has a moral or ethical base. It comes from leader behaviours of, displaying empathy, sensitive to followers needs, fears, wants, and dramatizing the mission. Empowerment Followers must be confident in their abilities. Empowerment comes from leader behaviours of assuring followers of their competency, and providing followers with opportunities to experience success. Three indirect means of doing so are participative management; removing obstacles and seeing others succeed. Charismatic leaders: John F. Kennedy Arguably, the most charismatic President of the United States, John F. Kennedy came from a powerful family and was blessed with good looks in addition to his personal charisma. Due to the charismatic and stylish couple John and Jackie the Kennedy White House became known as Camelot.   Alan Jay Lerner, Kennedys Harvard classmate, even wrote a hit song Camelot for the Broadway musical, which was a personal favorite of President Kennedy. Charles Manson Charismatic leaders could also use their influence for less-than-honourable purposes; the classic example of this abuse is Charles Manson. Some people believe it was a combination of the drug LSD coupled with Mansons charismatic personality that allowed him to manipulate others.   In the end Susan Atkins along with other members of the Manson family were found guilty of the murder of the 26-year-old movie actress Sharon Tate and four others. Andrija Stampar (1888 1958) (Brown and Fee 2006) present Andrija Stampar as one of the most charismatic and beloved figures in 20th century public health. His most rewarded contribution was the role played in the creation of the world health organization. (WHO). Stampar was also appointed for the WHOs constitution which was provisionally adopted until formal ratification. He was then elected president of the organization and remained active until his dead. Herb Kelleher Herb Kelleher, co-founder, CEO, President and Chairman of Southwest Airlines is cited in this article as an ideal example of charismatic Leadership at its best. A discussion of charismatic leadership focuses On traits and behaviours of charismatic leaders. This model is then Used to examine Kellehers traits and behaviours at Southwest Airlines, named in 1998 as the best place to work in America by Fortune. Charismatic leadership examples and explanation: Herb believes that the attitude of the entrepreneur effects the early success of the project, the same attitude needs to be present in the firms employees to continue the entrepreneurial energy That creates competitive advantage in the operation of the business even after, it has become a large successful company. In doing this Herbs Southwest Air has shown itself to be one of the rare companies that has succeeded on translating the entrepreneurial spirit of its Initial small company success into an effective form of on going Corporate entrepreneurship that still invigorates it today. Southwest Air has consequently applied this emphasis in hiring people with the right entrepreneurial attitude. Herb sums up his view on this subject with the simple maxim: You hire attitude, everything else can be trained.' The Southwest story is now a business legend: how the airline began in 1966 with 195 employees and three planes that flew from Dallass Love Field to Houston and San Antonio; how Kelleher and cofounder Rollin King drew up the business plan on a cocktail napkin; how its profit-sharing plan has made many long time employees millionaires; how the company has grown to 29,000 employees with a fleet of 332 Boeing 737 planes (290 more are on order) and become a national carrier competing with United, American, and Delta. Charismatic leadership may not be necessary to be an efficient leader. Relying on charisma to lead also can be problematic. For example, there have been many charismatic leaders who lack other leadership characteristics and skills and lead their followers into situations that turn out awfully think political leaders such as Stalin, Hitler, and even business leaders. Firstly, i will discuss that charismatic leadership is always appropriate in organisation. Secondly, i will go against and conclusion will be stated at the end Good leaders are not those who have the perfect followers, the true leaders are those who produce good leaders. Charismatic leaders inspire others and encourage them to be their best. Employees and group members want to impress a charismatic leader, so they work hard and struggle to succeed. However, charismatic leadership does not show positive impact always; it has its own negatives. Indias largest corporate fraud was lead by Mr. Ramalinga Raju who was one of the most effective and charismatic leader who lead sat yam group of companies all the way to one of the top it solution companies in India. Under charismatic leadership, group members may view success in relation to their leaders. Leaders have used their personal charisma in extremely destructive and damaging ways throughout human history, for example, Adolf Hitler and Jim Jones. Charismatic leaders tend to be very good listeners and great information gatherers. Charismatic Leaders use a wide range of methods to manage their image. Charismatic leaders create a sense of purpose for their organization that is motivating and inspiring. Charismatic leaders express things simply so that everyone gets it; they use positive language, often use stories, symbols, metaphors to get their point across. Drama assignments, writing assignments, sports-related tasks, art projects these activities could be very successful when led by a charismatic person. For example, Barack Obama and Mother Teresa they all lead by reaching out to human emotion and grasping their trust, gaining their respect and loyalty, maybe even encouraging them to do whatever the leaders tell them to. CONCLUSION I have referenced several times earlier in my examples, there is certainly a downside to charismatic leadership when it is used unethically. Thankfully, that is not at all the case with Herb Kelleher, who is mentioned throughout, widely respected and revered as a great, successful, and ethical charismatic leader. I have discussed the benefits and disadvantages of charismatic leadership in an organization. After looking at both of the sides, it may be suggested that not always charismatic leadership is appropriate in organizations. However, it plays an important role to be a good leader. Charismatic leaders can engage in unconventional behaviour that can be shocking or surprising. Very important that charismatic leaders are able to articulate their vision, they understand the followers needs, so they can act as motivating force.

Life on the Mississippi Essay -- essays research papers

Life on the Mississippi by Mark Twain is his journal about vital river life during the steamboat era and a melancholy remembrance of it after the Civil War. Mark Twain tells of his life on the river, humorous folktales, and a glimpse of Twain's life during his childhood years. The Mississippi River was a major part of Mark Twain's life. The river In the three introductory ones which precede these, the physical character of the river is sketched, and brief reference is made to the early travelers and explorers of the stream, -- De Soto, Marquette, and La Salle; these latter belonging to the epoch of what Mr. Clemens quaintly calls "historical history," as distinguished from that other unconventional history, which he does not define, but certainly embodies in the most graphic form. There are some good touches in this opening portion; as where the author refers to "Louis XIV., of inflated memory," and, speaking of indifference which attended the discovery of the Mississippi, remarks, "Apparently, nobody happened to want such a river, nobody needed it, nobody was curious about it; so, for a century and a half, the Mississippi remained out of the market and undisturbed. When De Soto found it, he was not hunting for a river, and had no present occasion for one; consequently he did not value it, or even take any particular notice of it." We are also presented with a chapter from an unpublished work by the writer, detailing the adventures of a southw...

Education psychology Essay

Introduction Paragraph Teachers are important, because they are many students role models, My perception of an ideal teacher is basically of a good human being, kind, compassionate, understanding and forgiving, who is interesting and fun loving, someone, who loves us and can make teaching interesting. Teaching is considered to be a noble profession but today people opt for this profession without giving a thought to the sacrifice, commitment and dedication it needs. There are many teachers but it would not be wrong say that very few have the aptitude and attitude to become teachers, many are in this profession more for the sake of earning money. An ideal teacher is the one who loves students and can inspire them. An ideal teacher should know the subject well and can make it so interesting that children do not get bored. When he/she teaches, the students are spell bound. An ideal teacher is a good actor who can put life into any dull topic. Students want to be in the class by choice and not by force. He/she should have a good sense of humor, not sensitive, can laugh at him and can also laugh with the students. He/she does not get angry easily and can enjoy each moment of being with students. He/she should be like a friend in whom the students can confide easily without the fear of being ridiculed or criticized. An ideal teacher is kind and forgiving. He/she always has time to solve problems of the students, not losing his/her temper. He/she is honest, disciplined, simple and humble. He/she never brags about what he/she knows and does not try to prove that he/she is God and knows everything. A good teacher is also not proud, but ready to accept his mistakes and does not hesitate to apologize. Thus, a teacher with the above qualities would be an ideal teacher I guess.

Free Essays on Pagan Traditions

Pagan Traditions Centuries before the birth of Christ, earth-based pagan religions claimed the loyalties of the known world. These pagan religions, worshipping many gods and goddesses, had their own myths and legends to explain the turning of the seasons. The Christian Church has, since its arrival in pagan England, Ireland, Scotland, and Wales, campaigned against the popularity of magic and magicians. The clergy forbade soothsaying, charming, love philters, as well as worshipping wells and trees. Attempts to heal the sick, foretell the future by purely natural means, and the use of medicine were not objected to, however. Any claims to have achieved some effect greater than that which could be shown to have come from natural phenomena was immediately suspecting (Thomas 253). Saint Patrick engrafted Christianity onto the pagan religion with such skill that he won many of the people over to the Christian religion before they understood the exact differences between the two systems of beliefs (Spence 67 ). In fact, Christian leaders were notoriously ready to assimilate elements of paganism into their own religious practices. This was to avoid posing to direct a conflict of loyalties in the minds of new converts (Thomas 47). The ancient worship of wells, trees, and stones was not abolished, but rather modified to associate the sacred sites with a saint instead of a heathen divinity. The hundreds of magical springs became â€Å"holy wells,† associated with a saint, but still employed for healing and for divining the future. Their water was even used in baptisms (Thomas 48). Pagan festivals were similarly incorporated into the church year (Thomas 47). Like all cultures, the pagans had myths and legends to explain the whys of the world. Their faith explained the changing of the seasons, and also gave them reasons to celebrate those changes. These celebrations are divided into Greater and Lesser Sabbats. As the Goddess is honored with the phas... Free Essays on Pagan Traditions Free Essays on Pagan Traditions Pagan Traditions Centuries before the birth of Christ, earth-based pagan religions claimed the loyalties of the known world. These pagan religions, worshipping many gods and goddesses, had their own myths and legends to explain the turning of the seasons. The Christian Church has, since its arrival in pagan England, Ireland, Scotland, and Wales, campaigned against the popularity of magic and magicians. The clergy forbade soothsaying, charming, love philters, as well as worshipping wells and trees. Attempts to heal the sick, foretell the future by purely natural means, and the use of medicine were not objected to, however. Any claims to have achieved some effect greater than that which could be shown to have come from natural phenomena was immediately suspecting (Thomas 253). Saint Patrick engrafted Christianity onto the pagan religion with such skill that he won many of the people over to the Christian religion before they understood the exact differences between the two systems of beliefs (Spence 67 ). In fact, Christian leaders were notoriously ready to assimilate elements of paganism into their own religious practices. This was to avoid posing to direct a conflict of loyalties in the minds of new converts (Thomas 47). The ancient worship of wells, trees, and stones was not abolished, but rather modified to associate the sacred sites with a saint instead of a heathen divinity. The hundreds of magical springs became â€Å"holy wells,† associated with a saint, but still employed for healing and for divining the future. Their water was even used in baptisms (Thomas 48). Pagan festivals were similarly incorporated into the church year (Thomas 47). Like all cultures, the pagans had myths and legends to explain the whys of the world. Their faith explained the changing of the seasons, and also gave them reasons to celebrate those changes. These celebrations are divided into Greater and Lesser Sabbats. As the Goddess is honored with the phas...