Saturday, January 25, 2020
Strategies for Entrepreneurship and Change Management
Strategies for Entrepreneurship and Change Management Raama Gabionza Entrepreneurship takes an important role in innovation. It is an agent of change. It involves creating new products, services, technologies, and businesses. It is about economic development and generating wealth for investors. It is also about developing business to address social problems and environmental issues. In the world of health, entrepreneurship also play a vital role. It corresponds with the revolution and changes in the state of health of the population and of the society. Like for an example, our world today suffers from distinct inevitable crisis like epidemiologic incidences and other uncommon situations affecting health of the economy. It is a threat to the population that could shake the health of every individual thus will lead to high rates in morbidity and mortality. Early detection and treatment of these illnesses or diseases are vital ways to decrease its incidences as well as morbidity and mortality rates. Invention and creation of medical treatment and therapi es as well as immunizations could lessen the possibility of acquiring the ailment. These interventions are brought by entrepreneurship which is an agent of change to both private and public health sectors. It provides interventions that are more developed, new, updated and better. It also provides more effective and efficient procedures, surgeries, and any other ways of treating specific threats to health. Entrepreneurship is essential in any situation as it could help in promoting and improving the well-being of the person and of the society as the whole. However, entrepreneurship may not always be successful as what anyone may think of it. There are major criticisms against entrepreneurship within the public and private health and social care sector. One example of this is the fear of change. People are afraid to change as it may be less effective and could lead to failure. They are afraid to loss their expertise and canââ¬â¢t adopt to the change. Like in surgeries, when new type of procedure is introduced, medical practitioners are afraid to change their usual practice into new procedure as it may cause danger and hazard both to the patient and the practitioners themselves. Another criticism against entrepreneurship is the quest for profits. People might think that the only reason why new services are being introduced because entrepreneurs always think about gaining profit. There could be uncertainty of services. People might doubt whether the service is really essential and necessary or not. They might feel that their ignorance are being taken for granted by the entrepreneurs presenting and introducing the new product or services. In addition, consumers may need to be aware that not all entrepreneurs are profit oriented. Entrepreneurs can be classified as either business entrepreneur or social entrepreneur. To clearly understand the difference between the two types of entrepreneurs, Abu-Saifan (2012), identified their unique characteristics. To start with, business entrepreneurs or the so called the profit oriented are characterized as the value creator. They provide value of the commodity or product and services being introduced. While social entrepreneurs or the non-profit, are social value creator. They provide what is beneficial to the society not for the benefit of their pockets. As for being a leader, they are opinion leaders. They consider the opinion of the society before they introduce the new product or services. They are also like the managers. They first look for the problems before they fix. Like for an example in the case of diabetes, they first assess the situation. They look for the cause of pr oblem and focus on repairing them before moving on to the treatment itself. They assess what could be the cause of the problem, may it be the diet of the person or their genetics or other factors. They see the problems first before they put things right. Unlike the business entrepreneur, they will just fix what is needed to be fixed. They often miss to foresee what is really the reason and cause of the problem. This is why they are characterized as the organizer. They just organize things. They are also strategic thinkers that they choose what strategy is best for them not considering the opinion of the population or of the society. They only aim for the best of their profit and interest. They focus on their goals and on what they wanted to reach. They are high achievers. They are the exact opposite of social entrepreneurs. Social entrepreneurs focus on their mission for the change beneficial to the society not for their pocket or to gain profit and interest which business entrepren eurs do. Moreover, in entrepreneurship, there are three strategies presented by Chin Benne, (1969) as general strategies effecting changes in human systems. These strategies could be helpful for the management in choosing who to employ to their organization considering changes as inevitable. This could also be helpful to the organization on how to manage and how to present or introduce changes to its people. The first strategy is the empirical or rational. In this strategy, people can be persuaded to change based on communication of information and by giving and offering them incentives. They have their reasons to comply to change being presented. Successful change is in accordance to logic and reasons that could be beneficial to organization and to the people. The change in this strategy centers on the balance of incentives and risk management. The second strategy is the normative or re-educative. This type of people are those that adhere to cultural norms and values. They normally go with the flow, conforming to what is being practiced, advertised or introduced by the management or by the organization. Redefining the present culture, norms, and values, and making commitments to new ones may initiate people to change. The strategy to encourage these people to change is to consider their culture, beliefs and their ways. People who are normative or re-educative are mostly willing to adapt to change as long as they see that their cultural values are respected and are in favor to the new system or product and services. Third is the power or coercive. In this strategy, the leader or the boss of an organization coerce people to change or to do new things. People are submissive and will do what they are told to do. This type of management is often used when there is a crisis in an organization or institution where change is a must. It could also be used when change should be done as soon as possible or as it is needed. People will usually adhere to change and will just follo w what the leader ought them to do. Furthermore, any type of management strategy may be used by the organization in handling changes. All of those strategies can be helpful in making changes successful but it may also be harmful when it is not properly addressed to the peopleââ¬â¢s need. Like for an example in the use of power or coercive strategy, it is good to be used in an emergency situations or crisis because according to Chin Benne (1969) it is assumed that people will do what they are told. Like in my own experience working as a health practitioner, there was an instance when our area was affected by typhoon. Some of us who are staying nearby the building of the institution were told by the management to do double shifts at work in order to make up the shifts of other employers who are affected by the typhoon and cannot make it to work. It was an order by the management that we, as an employers are ought to do. Considering the situation and the crisis happening, we have no other choice but to do the double s hifts. It might be shocking to us but we have to do it because it is an emergency and it was the only way that could ease the situation. Another strategy by Chin Benne (1969) is the normative or re-educative wherein people adopt to change when they see that the change conforms to their norms, values and culture. For example, in my home country, most of the people are Roman Catholic. When family planning was introduced in a catholic institution, like the use of contraceptives, not all members of team agree with the change. Roman Catholic are against with contraception. It is important for this people to consider their beliefs specially their religion and culture. In order for the change to be successful, leaders of the institution introducing contraception in the practice of health, addresses the opinions of the members of the team and people. It was agreed to make the change possible by pursuing the use of contraceptives by health education to the people but not forcing every indiv idual to do so or to comply. At least in that way, little by little, the change was made. In change management, there are four segments classified that could be present in an organization or in any group of people. These segments are the campaigners, initiators, opponents, and neutrals. These are important factors that could have direct or indirect effect in the system of change. In order to address properly these expected impact to the system of change, it would be helpful to identify the differences and similarities of these factors and at the same time, it would also help the manager or the leader on how to effectively deal with the different points of view and perspectives of every member of the team. Like for an example the introduction of the use of computer system in the health care facilities instead of the use of older method, paper documentations. People who advertise and advocate the computer system are called the campaigners. They see the new system as beneficial and that they will gain something positive from it. They are enthusiastic about change and they wi ll help to drive the change through. These people facilitate and give support to the trainings and education in order to promote change or the new system. Initiators, are those who would take the first step to change. They can be the creator or the designer. They are the prime movers and the ones who will take action to make the use of computer system possible. They are those who will make the change attainable. In order to initiate change, they educate the team about the computer system being introduced. They also facilitate, support and encourage participation and involvement of the team members to the trainings and teachings in relation to the system of change. On the other hand, some team members might disagree or oppose to the proposed system of change or the use of computer system. They are called as the opponents. They are the antagonists or the activists. They are those who are not convinced for the need of change and donââ¬â¢t see any justification for change. Education, negotiation and sometimes coercion are the effective way to communicate to these group of people. The fourth segment identified in change management is the neutral. Neutrals are the unbiased ones. They belong to neither side of the proposed change. They just go with the flow to change or not to change. It would be helpful communicate to these group of people by setting them what is really the vision of change, why it would be beneficial to change or not to change. They should also be involved to trainings and support groups in order for them to have a clear understanding of the change being introduced and for them to have an individualized decision as a member of the team. References: Abu-Saifan, S. (2012). Social Entrepreneurship: Definition and Boundaries. Technology Innovation Management Review, February 2013:22-27 Barton, J. (1991). Defining Entrepreneurship. Retrieved on 20 February 2015 from file:///C:/Users/raama.gabionza/Downloads/artikkeli_2.pdf Di-Masi, P. (n.d). Defining Entrepreneurship. Retrieved on 22 February 2015 from http://www.gdrc.org/icm/micro/define-micro.html Nickols, F. (2010). Four Change Management Strategies. Retrieved on 26 February 2015 from http://www.nickols.us/four_strategies.pdf Rouse, M. (n.d). Change Management. Retrieved on 25 February 2015 from http://searchcio.techtarget.com/definition/change-management Rubin, D. (2013). What is Entrepreneurship? Retrieved on 22 February 2015 from http://pinchot.edu/what-is-entrepreneurship/
Friday, January 17, 2020
Organizational Behavior Synthesis paper Essay
The study of people at work is generally referred to as the study of organizational behavior. This chapter will start by defining the term organizational behavior and briefly reviewing its origins. Organizational behavior is the systematic study of the actions and attitudes that people exhibit within organizations. Each person regularly uses intuition or our ââ¬Å"gut feelingsâ⬠in trying to explain phenomena. For example, a friend catches a cold and weââ¬â¢re quick to remind him that he ââ¬Å"didnââ¬â¢t take his vitaminsâ⬠. The field of organizational behavior seeks to replace intuitive explanations such as this example with systematic study. The objective, of course, is to draw more accurate conclusions (Wilson 1994). What does organizational behavior study? Actions (or behaviors) and attitudes. The behaviors that get the bulk of attention in organizational behavior are three, which have proven to be very important determinants of employee performance. They are productivity, absenteeism, and turnover (Wilson 1994). The importance of productivity is obvious. Managers are clearly concerned with the quantity and quality of the work their employees are performing. But absence and turnover are particularly cause for concern because of the adverse affect it may have on an employee ââ¬â¢s productivity. In terms of absence, itââ¬â¢s hard for an employee to be productive if he or she isnââ¬â¢t at work. High rates of employee turnover increase costs and tend to place less experienced people into jobs (Daniels 1994). Organizational behavior is also concerned with employee job satisfaction, which is an attitude. There are three reasons why managers should be concerned with their employeesââ¬â¢ job satisfaction. First, there is a link between satisfaction and productivity. Second, satisfaction appears to be negatively related to absenteeism and turnover. Third managers have a humanistic responsibility to provide their employees with jobs that are challenging and rewarding (Daniels 1994). The second part of organizational behaviorââ¬â¢s definition that needs to be explained is ââ¬Å"organizationâ⬠. For our purposes organizational behavior is specifically concerned with work-relatedà behavior-and that takes place in organizations. An organization is a formal structure o f planned coordination, involving two or more people, in order toà achieve a common goal (Daniels 1994). Organizational behavior is about studying and understanding people and human nature. Do employee ever make efforts on behalf of their employing organizationââ¬â¢s interests or fellow employeesââ¬â¢ interest when it is not in their direct self-interest to do so? This question exists in any organization must be address. The problem addressed here is a conflict of self-interest. The question here should be very interesting to people in organization. People should try to understand and address counterintuitive behavior in certain situation (Young 1998). For instance, why does moral hazard exists in organization? Organizational behavior success or failure depends on its goal setting, such as group cohesiveness and productivity. In a case study of 2 groups several researchers have suggested that goal acceptance moderates the relationship between group cohesiveness and group productivity. In Study 1, goal acceptance was found to moderate the relationship between group cohesiveness and the quantity of performance of 40 machine crews in a paper mill located in the north eastern United States. In Study 2, the extent to which leaders fostered the acceptance of group goals was found to moderate the relationships between group cohesiveness and quantitative measures of group productivity in 71 insurance agency units located throughout the United States. The companiesââ¬â¢ success or failure in this study will be explained in organizational behavior (Jacob 1985) Goals of Organizational Behavior The field of most organizational behavior has an amount of common goals. In order to reach these goals, people need to effectively predict, explain, and manage the behavior that occurs in our organizations. In order to change behavior, one needs to accept that any behavior is rational and logical to the person exhibiting it because his or her goals may differ from others. If an organization is able to predict which reward systems is most effective in motivating the employees, then one can explain the reasons for this effectiveness and describe how managers can enforce effective reward systems. Our everyday lives are about predictions. Predicting the behavior in an organization is usually wondering ââ¬Å"when people will make ethical decisions, create innovative products, or engage in sexual harassmentâ⬠(Johns 1996).à The behavior in our organizations licenses us the prediction of its future circumstance. Predictions are not always accurate, however. The field of organizational behavior offers a ââ¬Å"Scientific foundationâ⬠(Johns 1996). That helps upgrade predictions of these events. But, being able to predict these organization behaviors do not guarantee a hundred percent that he can explain the reason why this particular behavior had developed. A manger needs to be able to get things accomplished, reach all goals, take control, and knows everything that is going on in their company I know that there varieties of management styles to be effective, depending on the situation. There are some cases when a manager acts without investigation, just looking for that quick solution to solve a problem usually results in an unhappy ending. If an organizational behavior ââ¬Å"Can be predicted and explained, it can often be controlled or managedâ⬠(Johns 1996). A great manager would be able to predict a certain behavior and have an act on it before itââ¬â¢s too late. Remember, our lives would be more easier if we anticipate when our friends are anger, what our professors expect out of us, and whose lying and telling the truth, ââ¬Å"Regardless of who we are our actions are in response to a variety of motivationsâ⬠(Wilson 1994). When one understands, one will understand human behavior. Use the predicting. Explaining, and managing principles, and any manger will have the ability to reach your goals through the efforts of others. The four goals of organizational behavior are: 1. To describe systematically how people behave under variety of conditions 2. To understand why people behave as they do 3. To predict future employee behavior 4. to control & develop human activity at work Theory X and Theory Y Theory X and Theory Y are theories of human motivation created and developed by Douglas McGregor at the MIT Sloan School of Management in the 1960s that have been used in human resource management, organizational behavior,organizational communication and organizational development. They describe two contrasting models of workforce motivation. Theory X and Theory Y have to do with the perceptions managers hold on their employees, not the way they generally behave. It is attitude not attributes. There are two kinds of reinforcement, positive and negative. ââ¬Å"Positive reinforcement causes a behavior to increase because a desired, meaningful consequences follows the behavior. Negative reinforcement causes a behavior to increase in order to escape or avoid some unpleasant consequenceâ⬠(Daniels 1994). Models of Organizational Behavior There are four major models or frameworks that organizations operate out of, Autocratic, Custodial, Supportive, and Collegial (Cunningham, Eberle, 1990; Davis ,1967): o Autocratic ââ¬â The basis of this model is power with a managerial orientation of authority. The employees in turn are oriented towards obedience and dependence on the boss. The employee need that is met is subsistence. The performance result is minimal. Custodial ââ¬â The basis of this model is economic resources with a managerial orientation of money. The employees in turn are oriented towards security and benefits and dependence on the organization. The employee need that is met is security. The performance result is passive cooperation. Supportive ââ¬â The basis of this model is leadership with a managerial orientation of support. The employees in turn are oriented towards job performance and participation. The employee need that is met is status and recognition. The performance result is awakened drives. Collegial ââ¬â The basis of this model is partnership with a managerial orientation of teamwork. The employees in turn are oriented towards responsible behavior and self-discipline. The employee need that is met is self-actualization. The performance result is moderate enthusiasm. Although there are four separate models, almost no organization operates exclusively in one. There will usually be a predominate one, with one or more areas over-lapping in the other models. The first model, autocratic, has its roots in the industrial revolution. The managers of this type of organization operate mostly out of McGregorââ¬â¢s Theory X. The next three models begin to build on McGregorââ¬â¢s Theory Y. They have each evolved over a period of time and there is no one best model. In addition, the collegial model should not be thought as the last or best model, but the beginning of a new model or paradigm. References http://en.wikipedia.org/wiki/Theory_X_and_Theory_Y http://www.csupomona.edu/~msharifzadeh/chapter1.html http://www.nwlink.com/~donclark/leader/leadob.html http://www.referenceforbusiness.com/encyclopedia/Oli-Per/Organizational-Behavior.html
Thursday, January 9, 2020
Court and Justice in Child Protection - Free Essay Example
Sample details Pages: 2 Words: 601 Downloads: 8 Date added: 2019/04/08 Category Society Essay Level High school Tags: Child Abuse Essay Did you like this example? Having successfully established the existence of legal instruments, it is important to analyze the mode of implementing the written laws. Laws do not exist in a vacuum, they exist in a society and the society has forever been known for its resistance to change. Take for example a scenario in which the legislature enacts a law which makes corporal punishment for children illegal. Donââ¬â¢t waste time! Our writers will create an original "Court and Justice in Child Protection" essay for you Create order Present the scenario in a societal setting which has carried out this practice for long. Obviously, the expected outcome is some form of resistance from the society. With the law in place and the prevailing resistance, the court must step in and either implement the law as is or interpret it to determine its legality. An effective court system is a sure way of ensuring the operability of any legal instrument. When the legislative arm of government enacts laws, there should be some form of certainty as to its implementation and most especially where the legal instrument is sound. In cases where the courts are not keen to reinforce the legislatures efforts, it can be said that the whole system has failed. That notwithstanding, seeing as the court is a big part of the government, most times the blame falls squarely on the government. Although courts are meant to promote justice, one can positively say that at times it becomes hard to further this mission and objective. The evident legal divide is a common feature in the court rooms (Brico, 2018). As per s research by the American Psychological Association the likelihood of abusive fathers succeeding in custody cases is way higher than that of the abused mother (Brico, 2018). The resultant effect of such glaring injustice exposes the child to a lifetime of not only anguish and emotional torture but also a violent unhealthy environment. This ultimately affects the childs right to grow up in a conducive environment. Protracted court battles can in their own form be an abuse especially where the children victims are forced to constantly interact with their perpetrators in the court rooms in pursuit of justice. Despite the well-known fact of the role the state should play when it comes to rights of citizens and more so those in the margin of vulnerability, the 1989 landmark decision in DeShaney v. Winnebago County Department of Social Services came as a surprise to many. The honourable judge in that matter opined that it was never the mandate of the government to protect abused children and any other citizens in cases where it is not an active participant of the harm (Co, 2017). This is a perfect example of the few cases in which the court has purported to mislead the government when it comes to children rights. It is the supreme duty of the state to intervene and protect its citizens irrespective of the perpetrator. Similarly, some courts have always viewed child witness differently and are not as eager to admit their testimony. The evidence is often scrutinized jealously before admission. This depicts a system that is still struggling under the influence of the infamous Crawford v. Washington. This case set a precedent which requires thorough scrutiny of evidence before the same can be admitted (Harmon, 2014). This means that if presented with a case scenario in which the only witness to the abuse is a child and the threshold is not met, the likelihood of the perpetrator walking scot-free is high. Instead of adamantly applying the scrutiny rule, the courts should adopt a more flexible means of analyzing child evidence. Aptly put, it will be in line and the spirit of the doctrine of presumed competence for every witness.
Wednesday, January 1, 2020
From Experience Linking Projects to Strategy - Free Essay Example
Sample details Pages: 1 Words: 393 Downloads: 4 Date added: 2017/09/15 Category Advertising Essay Tags: Life Experience Essay Did you like this example? Depth of project screening process There isnââ¬â¢t really a strict upper bound on how far an evaluation team should go in to quantify project contributions to a firmââ¬â¢s mission. If we consider the screening process as a two-dimensional view ââ¬â with the criteria complexity being the horizontal view and number of screens being the depth, the extent to which the team could go on both direction tend to rely on how much data is available. Technically, so long as the data supplies, the evaluation team can keep trying until the remaining projects are narrowed down to an approachable number for analysis. It is a subjective are satisfied to meet the projectââ¬â¢s mission and objectives. Role of financial selection criteria The financial selection criteria in HPââ¬â¢s project selection process is not considered as the single most important determinant for selecting a project even though it plays a critical role in assessing and comparing the projects. Donââ¬â¢t waste time! Our writers will create an original "From Experience: Linking Projects to Strategy" essay for you Create order The rationale behind this is that selecting projects based primarily on its financial value can sometime lead to unproductive team dynamics. It would distract the team by causing them to focus on financial data or computations rather than project missions and business strategy. Impact of project selection process on number of projects HPââ¬â¢s project selection process tends to shrink down the number of undergoing projects to a manageable and more productive level. To quote an HP Executive Vice Presidentââ¬â¢s emphasis from the case: ââ¬Å"We have to be very selective. If you have a lot of them with our culture, it just wonââ¬â¢t work. â⬠HP Project Management Initiative is a true believer in focusing on doing fewer while large and complex projects, this however would entail a well framed project selection process. The analytical hierarchy process (AHP) and the plan of record (POR) are both examples of processes that HP adopts to facilitate its selection process. Project management maturity I would expect HP to score its project management maturity level somewhere around 4-4. 5 over a scale of 5 ââ¬â or, more specifically, described as ââ¬Å"Managed and Measurable Project Managementâ⬠. Because: â⬠¢HP Project Management Initiative aimed to develop a system of projects and to link them to organizational strategy â⬠¢Advanced tools and processes, such as AHP and POR are used to plan, prioritize, track and measure all projects. â⬠¢Project management has been clearly implemented across the enterprise
Tuesday, December 24, 2019
Project Management An Essential Component Of Modern Day...
Introduction Project management became an essential component in modern day economic activity which is used by project management team to deliver a successful project ââ¬â it can be succinctly described in this way (Roberts 2011). Although management books and training programs reach billions, there are persistent management problems (Brightman, 2004). The main problem with projects management practices were relatively few ââ¬â planning, project implementation, cost and time overruns and quality non-achievement (Zarina et al. 2014). For small companies, management process is often simple as they are highly centralized in nature (James 2000). Big company have monitoring problems and both cases constraints exists like scope, excellence, timetable, budget, resources, risks, consumer satisfaction, and stakeholder support (Fred 2015). Amongst them, scheduling time and cost is crucial. Often delay causes higher overhead costs (Chidambaram, Narayanan Arazi 2012). However, actual overruns of cos t and schedule slips in the very short run create tensions and leads to questions about controlling management and capability (Okpala Aniekwu, 1988). Different methodologies were developed over the last century for different project to serve individual purpose. To optimize taking care of the constraints in the iron triangle, Critical Path Method (CPM) is used over the years, which was successfully used over years to find out the right time to complete a project allocating resources in aShow MoreRelatedWe Create Happiness By Providing The Best In Entertainment1379 Words à |à 6 PagesIntroductionï ¼ Essay Map ââ¬Å"Culture can be the engine for economic, social and environmental transformation of the space in which we live. 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Monday, December 16, 2019
Why Accountability Is Important Free Essays
Why Accountability Is Important It is important to note first, what accountability is. I will state why it is important as well as go over scenarios in dealing with accountability. Accountability means being liable to being called to account; answerable. We will write a custom essay sample on Why Accountability Is Important or any similar topic only for you Order Now A good military definition of the word would be and usually means to be liable for paperwork and or property, and personnel; usually of lesser grade and rank. When dealing with army leadership and duties; being a soldier and or a leader means being accountable for what you do or donââ¬â¢t do as well as implied duties and responsibilities. As a leader, being one means to be accountable not only for oneââ¬â¢s actions, but for the actions of the soldiers for which you are assigned. One is to be accountable for equipment that is assigned to oneââ¬â¢s-self as well. The department of defense states and defines accountability to be an obligation imposed by law or lawful order or regulation on an officer or other person for keeping accurate record of property, documents, or funds. The person having this obligation may or may not have actual possession of the property, documents, or funds. Accountability is concerned primarily with records, while responsibility is concerned primarily with custody, care, and safe-keeping. But again, let us not get the definitions confused. The term accountability differs from the term of responsibility. There is a big difference. There are reporting procedures and processes for recording and accounting for personnel and equipment. There are different types and ways of reporting within different sizes and types of elements of a command. There are also ways in which one will report to one who is in a designated duty position and or of higher rank and grade within different elements of commands. The ways in which a soldier may report can be orally or written in order to account for property, equipment, and or personnel. Soldiers must always be accountable for their actions. For every action there is a reaction. Soldiers are to be held to accountable for their actions because they represent the United States of America within the states as well as overseas in other parts of the world. Sometimes, we are the only source of information as to how people may think what our behavior is and how all other Americans may behave in their own country based off of even one soldierââ¬â¢s sole actions whether negative or positive. We must be accountable for what we do or donââ¬â¢t do. If we, as soldiers, are assigned a task that is to be completed, but we fail and do not get it accomplished, then we have to account and answer for it. If we lose a piece of equipment, it becomes lost or destroyed, we have to be held accountable for it and solve the problem to correct the situation however it may need to be corrected. Mission readiness is the answer to why accountability is so important. We must accomplish the mission at all costs with the least amount of loss whether it be soldiers or equipment. Without all of the soldiers or equipment present the mission may not be able to be accomplished. Even if only one soldier or piece of equipment is not present the mission may not be fully capable of being accomplished as the lack of either one would be detrimental to the mission. If a piece of equipment or a soldier is not on time at the start or finish of a mission, it may determine the outcome of the mission in regards to it being accomplished and a success or not. Either way, to be accountable for the pieces of equipment or the lack of soldiers present means providing an answer to someone else whom will have to be accountable for them to another. One will wish to know why a mission was not accomplished. A superior ranking individual will wish to know for sure. One who is accountable must have an answer. If we are not held accountable for our actions then someone else takes the blame or we never except responsibility for them and may become a pattern. If this happens, then we cannot correct the problem that causes the accountability error from the start. This would be due to a cognitive lethargic display of thought processes and or apathy. If it is not the sole cause, but a contributing factor then other problems that affect a soldiers or leaders life may be the main causal factor in not being held accountable for their actions. Someone is always accountable and answerable to the next one in a chain of command. When the answer is needed, an entire chain of command as to why and how a mission did not attain a status of successful or completed, it affects the entire chain of command and the army itself when you really think about it. One could debate about it in regards to the butterfly effect; or the chaos theory. The theory that one small move such as the flap of a butterfly wing or a car accident effects all of us on a world-wide level even though it may seem miniscule in nature. Leaders must be accountable for discipline, leadership, and training of the soldiers. While soldiers are accountable for their actions, equipment, and sometimes when directed, the actions of others; so are leaders for their subordinates actions and so forth up the chain of command. This is all an example of accountability. If we did not have this accountability in process as a standard in the United States Army then we would not be the successful fighting force that we are today. Leaders are under the most stress as they are held accountable for more actions than their soldiers. They are also responsible for training and mentorship of soldiers. They must lead and develop them to become better soldiers and future leaders themselves. Leaders have many duties and responsibilities that they must be accountable for. Keeping accountability of not only people, but equipment also helps cut down on waste. Fraud waste and abuse is a big deal in the army as there are rules and regulations to address these concerns within the army as it is written doctrine. Do you have any idea how much it would cost to replace all the equipment and people lost if leaders simply never noticed they were gone and constantly had to replace them? One of the United States militaryââ¬â¢s biggest concerns is to never leave a man behind, dead or alive. It is perhaps this knowledge that they will never be left which keeps many troops confident in their job. How hard would you fight if you knew that your life was expendable and should you go missing, you would be written off and forgotten? I know for myself that I would not fight very hard if nobody cared about me in general. Accountability is one of those ways to show subordinates that you do care about them. Others may look at it in a negative way. They may say that, ââ¬Å"Man, he is always on my case about where I am and this and thatâ⬠, but this is a way to know that one is being cared for. Knowing where items and troops are keeps superiors able to know what can be accomplished and planned as far as missions and tasks. How could a plan be carried out to its full potential if the equipment type and capability and an account for soldiers is not known as well? It would be impossible to get an accurate account in order to plan with without knowledge of this information. Having an account of this information also keeps the army nformed of how many more or less soldiers are needed to accomplish a mission or task. There is paperwork to be processed to help keep accountability for all of the personnel and equipment within any given unit or command group. If property is lost damaged or stolen, one will be held accountable for those issues in regards to them as well. If there is an investigation on the soldier(s) or piece(s) of e quipment, CID will be in charge and held accountable for the investigation. Everyone plays a part in accountability on some level, one way or the other. How to cite Why Accountability Is Important, Essay examples
Saturday, December 7, 2019
Compare Contrast and Critically Assess
Question: Discuss about the Compare, Contrast and Critically Assess the Legal Regimes Applicable Under the 1982 UN Convention on the Law of the Sea in the (Territorial Sea) and (Straits Used for International Navigation). Answer: Articles 37 and 38 of the United Nations convention on the Law of the Sea (1982)[1] defines an international strait has been described as a strait that is used for international navigation between a part of the high seas or an exclusive economic zone to other part of the high seas. In this way, this definition includes both the states that overlap the territorial sea of the bordering state or states at some point and also the states through which there is a continuous corridor of high seas or an exclusive economic zone.[2] In this way, a strait can be described as a natural waterway, which is a contraction of the sea between two territories that have very limited width. There are more than two hundred waterways in the world that can be described as international straits according to this definition. The transit presage regime: According to the LOS convention, there is a regime of transit concerning both the ships and aircraft passing through an international strait that overlaps the bordering territorial seas by at least at its narrowest part.[3] The meaning of the term transit presage, "which shall not be impeded" is that the exercise of the freedom of navigation and over flight only for the purpose of expeditious and continuous transit through the strait. However it needs to be mentioned that certain carefully drafted exemptions are present to the transit presage provisions that have been mentioned in the Convention. These exceptions have been mentioned below. The message of ships and aircrafts is to be allowed in their "normal mode" of transit.[4] This term can be integrated as having the meeting that for example the submarines may transit submerged, if the depth of the strait is sufficient to allow such an operation. This interpretation is consistent with the Third United Na tions Conference on the Law of the Sea (UNCLOS). Warships and military aircraft in transit presage: The law provides that while exercising their right of passage, ships and aircraft are required to proceed through or over the strait without any delay. However, the concept of transit message does not preclude the presage through the strait when it is being done for entering, leaving or returning from a State that borders the strait, although the conditions of entry to such a State may apply. When a ship or an aircraft is in transit message, it should avoid any threat or their use of the real force against the territorial integrity, sovereignty or the political independence of the State that borders the strait. In the same way, such ships or aircraft is required to refrain from the activities, except the activities that are incidental to the normal mode of expeditious and continuous transit, unless such an activity has been made necessary by distress or force majeure.[5] Under the present legal regime, it is required that the vessels in transit are required to comply with the international regulations, practices and procedures that are generally accepted for safety at sea and for the prevention and control of pollution created by the ships. The intention behind the introduction of these provisions is to ensure that the transit passage vessels comply with the international conventions that have been adopted by the International Maritime Organization (IMO) during the last d ecades and that now enjoy legal force.[6] Freedom of the sea doctrine: After 1945, the unlimited freedom enjoyed by the great maritime powers was challenged. When significant resources were discovered in the sea, particularly the discovery of oil under the sea,, an increase in the use of oceans and coastal fishery resources, which were increasingly threatened by better equipped and larger ships coming from distant water fishing states, there was a reaction from the smaller coastal states and it was found that the unlimited freedom of the great maritime powers was not adequate.[7] After the Second World War, there was a transformation in the international Society and the collapse of European colonialism. A large number of States became the new members of the international Society. More than 90 states acquired independence after 1945 and out of these days, a large number the coastal states. Therefore the international law had to take care of the interests of all these dates. Only some newly independent states have taken part i n the first (1958) and the second (1960) UN Conference on the Law of the Sea. But by that time they were not organized and politically strong to have an impact on the decisions of these conferences. The result was that they played a minor role. However during the third UN Conference on the Law of the Sea, which took place amid 1973 to 1982 for the purpose of regulating the new uses of the sea these developing nations were ready to play an important role.[8] These countries wanted that there should be a complete review of the international law of the sea. The result was that the major confrontation that took place at the UNCLOS III (1982) was not between East and West (or communism versus capitalism) , but it took place between the great maritime powers, which were technologically advanced and on the other hand, by the developing countries.[9] While the maritime powers wanted to ensure their security and also won the two maximize the benefits from the sea, as well as the new found re sources from the sea on the basis of their advanced technology, the developing countries were looking for more security and wanted to introduce changes in the traditional law for the purpose of developing new equitable rules related with the exploitation of the sea. Reasons behind this special regime: The regime related with the straits used for international passage is generally treated as being concluded during the negotiations related with the UN Conference on the Law of the Sea (1982), but it needs to be noted that a detailed study related with the major International Strait indicates that still there are certain outstanding problems at the local level, as well as some general problems. During these negotiations, it was found that the two superpowers, the United States of America and the USSR were in the same camp while developing countries that were located on the borders of these straits for in the opposite camp. During these negotiations, the position adopted by the maritime powers was that the issue of straits is non-negotiable, particularly as a result of the relationship that exists among the issue of the states and the various aspects of the law of the sea, especially the issue of territorial sea expansion. If the right to transit pas sage would not have been granted by the UNCLOS III Convention (1982) the territorial seas would have overlapped.[10] 116 international straits and the commercial and military transit would have been covered by the provisions of innocent passage. Although the transit passage was required by the maritime forces and particularly it was required under the comprehensive treaty by the United States and USSR, the main reason behind providing the transit rights. Is that these rights are in interest of all the members of the international community. There are several international states that are used by the shipping trade of the world as a route.[11] If the coastal states were allowed to have extended jurisdiction in these straits, it would have allowed them to unilaterally control or impose conditions on this significant community and as a result, there would be inequitable and insufficient freedom, which may have resulted in conflict. The transit through international straits is basically different from the transit through territorial sea and this position has been recognized by all the member states in their common interest.[12] On the other hand, if the transit through international straits was not recognized by the states as such, then the common interest would have eroded as a result of the unwarranted restrictions placed on transit, uncertainty of transit rights, discrimination by the users, efforts for achieving economic and political gain in return a message, inconsistent and inefficient regulations, increasing political tension and probability even military confrontation.[13] But at the same time, it also needs to be mentioned that in order to be fair and lasting, it is required that the straits regime should fulfill the interests of the strait states regarding the safety of navigation through these straits and also related to the protection of marine environment. In this way, a balance needs to be maintained between the interests of the strait states and the interests of naval powers and international community.[14] This will allow the promotion of security and common interest in the international system. Apart from the above mentioned fundamental basis behind the transit passage regime to international states, certain other factors of concern are also present, including strategic and commercial concerns. These include:- All states including the maritime powers, land locked states or the flag states are benefited as a result of uninterrupted movement of the vessels and cargo throughout the world and also through the international straits. In this way, the free transit through international straits is beneficial for international trade and also for the national strategy in case of some nations. The industrialized nations, as well as several developing countries also rely on the supply of oil through tankers, which in many cases as to pass through international straits.[15] The submarines are designed for running submerged. Therefore, this is the normal mode for the submarines. On surface, these submarines unless maneuverable and similarly, the collision avoidance systems are also less efficient.[16] Even in case of good visibility, they are hard to see and thay are represented by a small, even misleading radar target for the other ships so that they may avoid them. They are also required to travel in high density traffic along with the increased risk of collision.[17] As a result of these reasons, the submarines do not transit through straits, unless there is sufficient depth and other hydrographic characteristics, which make it safe for the submarines to navigate submerged. On the other hand, if the submarines have to navigate on the surface through the straits, it will significantly increase the risk of collision. In case of shallow straits, the submarines do not transit in any mode.[18] If the strait states were allowed to have control over navigation overflight, it may result in "creeping jurisdiction". This means that the national or international rules, as well as the rights and duties may be extended over and under the sea, in the Straits and coastal zones and in other parts of the high seas. Such a situation would be applicable to all the modes, including the commercial ships and aircraft as well as the military ones.[19] In case the strait states were allowed discretion to control shipping or aviation in the international Straits, it may result in conflict due to the reason that their strategic importance will increase significantly.[20] The result is that they will have the chance to use great political leverage for the purpose of influencing the regional international affairs or against a superpower that is hostile to them. In such a case, although it does not mean that the superpower will not be in a position to impose its will, however significant diplomatic efforts may be required and there will be costly delays.[21] Conversely, a more restrictive transit regime may also result in problems for the states that are bordering the straits. For example, these states may be required to take tough political decisions. The rights and duties of these states will increase and as a result they will have to face greater burdens. Either they will be required to adopt harder stance or they may be required to compromise. After establishing that basic reasons are present for assigning a special regime for passage through international straits, the legal regime governing the international straits can be evaluated. For the purpose of achieving a clear understanding related with the legal regime that governs the international states, the focus needs to be on the analysis of the relevant articles of UN Convention on the Law of the Seas III (1982). After the signing of UNCLOS III (1982), there have been significant changes in the world.[22] The international straits, as an issue of common use and concern, have been impacted as a result of these changes. The recent technological developments, economic growth, environmental concerns, all are related to the issue of the use of international straits and solve certain problems but at the same time, also result in creating other problems.[23] The legal regime related with international straits falls under the purview of public Law of the Sea. This in turn falls under international law. In this way, the relationship between the sovereign states are regulated by the international law.[24] Some of the video sources of international law as described in Article 38 (I), Statute of the International Court of Justice, which is the primary judicial organ of the UN includes international conventions, establishing rules that are expressly recognized by contesting states, international customs as an evidence of general practice that is accepted as law, the general principles of law that are recognized by civilized nations, judicial decisions and teachings of highly qualified academics of different countries as the subsidiary means of deciding the rules of law.[25] The Law of the Sea (LOS) can be considered as the oldest, as well as the most dynamic branches of international law. The law of the sea includes is based on the will of the nations to cooperate and it is concerned with the economic competition that is present between them and at the same time. It also concerns the contribution of naval warfare by other means. In the present assignment, the focus is on the sources of law of the sea related with international straits. For this purpose, the three UN conferences on the Law of the Sea needs to be discussed briefly. Similarly, the articles of 1982 convention related with the legal regime concerning international straits will be analyzed in detail.[26] The first UN conference: The first UN Conference on the Law of the Sea took place between February to April, 1958 in Geneva. In this conference, 86 states adopted the below mentioned four conventions. These were the Territorial Sea and Contiguous Zone, The Continental Shelf, the High Seas and Fishing and Conservation of the Living Resources of the High Seas. The above mentioned four conventions entered into force during 1962 to 1966. The issue related the navigation through international straits was discussed within the regime of navigation through territorial sea. In this regard, Article 16 mentions that there should be no suspension of innocent passage of foreign ships through the states that are used for international navigation from one part of the high seas to the other part or to the territorial sea of a foreign State. With regard to the navigation of submarines through international straits, it was mentioned in Article 16 that the submarines are required to navigate on surface and similarly they were required to show their flag when they were passing through territorial sea which includes the straits. However, the first UN Convention does not contain any provisions related with air navigation except the general assertion that the sovereignty of coastal state extends t airspace over the territorial sea.[27] The third UN Conference on the Law of the Sea: The third UN conference took place amid 1973 to 1982. It was held in New York, Geneva, Montego Bay and Caracas. The final version of this Convention was signed in December 1982. It was signed by 117 states. The Convention was closed for signature in 1984, and by that time, it was signed by 157 States. The convention entered into force on 16th of November, 1994. This UN Convention is considered as the most significant convention related with all the matters concerning the law of the sea, including the international straits. Some of the most significant interests that have been discussed in the nine years of difficult discussions include the security interests of the coastal states, protecting the resources of coastal states and the need for protecting the freedom of navigation of ships and aircrafts.[28] Part III of the UNCLOS III (1982) provides for a special regime concerning the straits that are used for international navigation. The convention includes a carefully negotiated compromise that tries to maintain balance between the interests of the user states as well as the interests of the states falling on the borders of international straits. Article 34 provides for the legal status of the waters that form the straits that are used for international litigation. It provides that the regime of passage through international straits provided for in this part shall not affect the legal status of the waters forming such straits and similarly do not affect the exercise of sovereignty or jurisdiction over the water and air space by the states bordering the straits. It is further mentioned that the sovereignty or jurisdiction of the bordering states of the straits as to the exercise keeping in view the provisions of this part and also the other applicable rules of international law. According to Article 3 of the Convention, it has been provided that the coastal states can claim the territorial sea up to 12 180 miles from the baselines along their coasts. Consequently, there are a number of international states that now fall within the territorial sea of a particular state bordering the international strait. However, the jurisdiction and sovereignty of the state falling on the border of the international strait is not the same as is the case with the rest of the territorial sea. Article 34 of the Convention provides that the jurisdiction and sovereignty of the state that borders an international strait needs to be exercised in accordance with the provisions of Part III of the convention and the other applicable rules of international law.[29] The major limitation that has been placed on the sovereignty of states falling on the border of international straits is the regime of transit passage. Article 35 is concerned with the scope of this part. It provides that no thing in this part shall have an impact on any areas of internal waters within the strait, apart from the area where the establishment of a strait baseline according to the method provided in article 7 has the effect of enclosing as internal water areas that were not considered as an earlier. Similarly, it will not affect the legal status of the waters beyond the territorial seas of a bordering state as exclusive economic zone. It further provides that nothing in part III will affect the legal regime in the Straits, where passage is regulated wholly or partly by long-standing international conventions that are particularly relating with such a strait. The right of transit passage and the obligations that are created by it are not applicable in case of the internal waters of the strait. Similarly, it will not affect the legal regime beyond territorial seas or the exclusive economic zone. The articles of 1982 convention related the transit passage shall not affect the long-standing conventions regarding the passage regime in some of the international straits. In this regard, the term 'long-standing' is being used so that there is no impact on the straits like the state of Constantinople as in this case. The passage is regulated by the Montreux Convention, 1936. In the same way, the Baltic straits and the straits of Magellan are also regulated by long-standing international conventions.[30] Article 36 of the convention provides that High Sea Routes or the routes that fall through the exclusive economic zone in the strait can be used for international navigation. It has been provided that the provisions of this part are not applicable to a strait. That is used for international navigation, if through the strait, a route through the high seas or through exclusive economic zone of similar convenience regarding navigational and hydrographical characteristics is present. In case of these routes, the other relevant parts of the convention, including the provisions concerning the freedom of navigation and over flight will be applicable. This article provides that if the breadth of the international strait is more than the breadth of the territorial sea of the bordering state, in such a case, there is a sea corridor present through the high seas or the EEZ. If the route is convenient for navigation, in context of navigational and hydrographical characteristics, then the right for transit passage will not be applicable in case of such a strait. Article 37 is applicable to the straits that are used for international navigation between a part of the high seas on an exclusive economic zone and some other part. In this way, article 37 provides the right areas that a strait shall comply with all the purpose of being described as an international strait. There are two criteria that needs to be complied with. First of all, it should either connect one part of the high sea with the other part or with another exclusive economic zone. An exclusive economic zone can be described as an additional belt of the sea beyond the territorial sea up to 200 miles from the baseline of the coastal state, where the state has sovereign rights over the resources, but not over the waters. In this way the status of EEZ is different from that of the territorial sea. Article 38 is related with the right of transit passage. Therefore, in case of the straits that have been mentioned in article 37, all the ships and aircraft have the right of transit passage, which should not be impeded except if the strait is formed by an island belonging to a border state of the strait and its mainland, the transit passage will not be applicable if there is a route, seaward of the island, through the high seas or an EEZ of similar convenience. It can be said in the end that the UNCSOL 1982 provides the most basic reforms to law of the sea since 1493 when Pope Alexander VI bulls divided the oceans of the world and land between Spain and Portugal. This convention is considered as the established guide for the legal, political and technical matters related with the use of the seas. Apart from the other arrangements (EEZ, continental shelf regime, the 12 NM territorial regime), this convention has also produced the legal regime related with the international Straits. As mentioned in part III and articles 34 to 45. Hence, the regime of transit message through international Straits helps in restricting the likely desire of the coastal states to extend their sovereignty by way of increased regulation or in other words, creeping regulation. During the negotiations for UNCLOS III, the maritime powers have strongly requested for the regime of transit passage through international Straits. The reason was that it allows their navies t o attain the required mobility, as well as the necessary operational flexibility as it provides the assurance that the important lines of communication will be open as an international legal right. 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