Tuesday, April 7, 2020
The Business Environment of India
Executive Summary The purpose of this report is to prepare a country report of India in order to assess the business environment of this country and to provide the CEO with important information for making a decision about business. In order to do so, this paper considers political, social, and economical environment of India, Gross Domestic Product, FDI, geographical position, natural resources, work force values, and consumer attitudes.Advertising We will write a custom report sample on The Business Environment of India specifically for you for only $16.05 $11/page Learn More Introduction NCAER (2010) argued that the global financial downturn caused by the Western countries in 2008 and prolonged all over 2009 has seriously injured the world economy but China and India have gained tremendous economic growth under the recessionary economy. India has achieved such challenging success for its policy, business innovation, and skilled human resource. Prabhud esai (2010) analysed the economic survey of India 2009 and pointed out that the country is going to record 7% GDP growth in 2009-10 whirl it largely connected with the US Economy and the quick recovery of financial crisis. Indian policy has vastly aimed to accelerate the economy with balanced Human recourse development, Information Technology, Agricultural and infrastructural development while the county is the pioneer of global outsourcing market. Meanwhile the government and private sector of the country to grasp greater equity in the banking sector while it has also aligning of attracting FDI1 inflow, export oriented Industrial growth and regulatory reforms in higher education. Country Profile Geographic Demographic Overview According to the report of World Wealth Report and World Economic Report, India is now the ideal place for multinational companies to do business because it situated in Southern Asia (between Myanmar and Pakistan), which has link with the Indian ocean, the A rabian Sea, and the Bay of Bengal by Bangladesh (Hamsapriya, 2010, p.10). IndexMundi (2010) provided the data of the total population of India and it was about 1,156,897,766 in 2010 while it was 1,166,079,217 in 2009. Initially, the population growth rate was high but not this rate is reducing dramatically, for instance, in 2004, 2005 it was 2.91 % and 0% gradually and now the growth rate is -0.79%.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Figure 1: ââ¬â Total population of India from 2003 to 2009 Source: ââ¬â IndexMundi (2010) Age (Year) Percentage 0 to 14 30.5% 15 to 64 64.3% 65 and older 5.2% Life expectancy Age (Years) women 67.17 Men 65.13 Total (Average) 66.09 Table 1: ââ¬â Life expectancy, Age groups Source: Self generated IndexMundi (2010) Economy of India India has a highly developed economical environment, as it is the eleventh positio n in world economy and its economy grew at its fastest rate due to rapid growth of software sector, infrastructure development, industrial revolution, and proper use of its resources. According to the report of Library of Congress (2006) from 1947 to the late 1970s, central government centralized the economy of India, but this position changed from 1880s, for instance, privatization of government industries and reduced tariffs help the country to experience 7% annual growth rate.Advertising We will write a custom report sample on The Business Environment of India specifically for you for only $16.05 $11/page Learn More Library of Congress (2006) also addressed that FDI has enlarged to an annual range of $3.0 billion to $5.0 billion, but the annual progress was not reach at expecting level due to local corruption and external bureaucratic problem with China. However, the currency of India is ââ¬Å"Indian Rupeeâ⬠(INR), where 1 dollar is equals to 4 0.55 Indian Rupee, all currencies are in notes and coins, which issued and controlled by the Reserve Bank of India. Despite huge development of this country, the Indian currency has depreciated gradually against the dollar since the 1971; for example, in 1993, the average exchange rate was only Rs31.290 for $1 while this rate was Rs46.590 in 2003. Indian Exports According to the view of Dewett (2005), exporting indicates the promotion and direct sells of locally manufactured products in the foreign market and it is a well-developed and conventional form of strategy to acquiring foreign markets. Therefore, export is the core basis of revenue for the Indiaââ¬â¢s financial system since it generates large amount of money from this sectors, such as, Indiaââ¬â¢s exports totalled $165 billion in 2009 and about $200.9 billion in 2008 (IndexMundi, 2010). Figure 2: ââ¬â Total Exports from India 2003 to 2009Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Source: ââ¬â IndexMundi (2010) According to the Library of Congress (2004), major exports items are textile products, finished gems and jewellery, electronics items, iron, steel, chemicals, vehicles, petroleum products, oil, fruits and vegetables, beverages and tobacco, precious stones, machinery, leather, leather goods and so on. Imports to India India has to import very few items such as raw materials for manufacturing and its main imported commodities areââ¬â crude oil, precious stones, fertilizer, Specific chemicals Machinery equipment and transport equipment; mineral fuels, lubricants and related materials; Foods as well as Beverages Other luxury products (Library of Congress, 2004); Fiscal Year Total Imports ($billion) Rank 2003 53.80 24 2004 74.15 23 2005 89.33 24 2006 113.10 22 2007 187.90 17 2008 230.00 16 2009 305.50 15 2010 253.90 14 Table 2: ââ¬â Total imports to India (Year by Year) Source: ââ¬â Self generated from IndexMundi (201 0) India and its GDP IndexMundi (2010) stated that the economic situation of the country is much more favourable for business than any other countries of the globe because Indiaââ¬â¢s GDP for 2007, 2008, 2009 were $3.113 trillion, $3.344 trillion, and $3.561 trillion gradually. As GDP demonstrates the main economic strength of the country, it is essential to compare the recent data with previous years and after comparing the data, it can say that the GDPO in India has fall but it is still stable position and the following figure shows it more perfectly ââ¬â Figure 3: India and its GDP for last 10 years Source: IndexMundi (2010) Foreign Direct Investment in India IndexMundi (2009) mentioned that the foreign direct investment in India measured as $161.3 billion at the end of 2009, which was $123.4 billion in 2007. Figure 4: ââ¬â FDI at India Source: ââ¬â IndexMundi (2010) On the other hand, India Companyââ¬â¢s investment in abroad where they have significant perce ntage of equity is treated Direct Investment Abroad (DIA) of India. Figure 5: ââ¬â FDI at India at abroad Source: ââ¬â IndexMundi (2010) Political System Kohli (2001) pointed out that after a two centuries British colonial rule India became independent in 1947 and established a multi party federal democratic system based on secularism and social justice. India the worldââ¬â¢s biggest democratic country has evidenced successful balance of power between the central and state government with rich diversity of nations. The major political parties are Congress- that carried out independence, BJP and Left Alliances though there are dozens of regional parties in every state with strong institutional infrastructure. With high religion diversity such as Hindu, Muslim, Buddha, and Christen, Indian political system has ensured human right, freedom of speech, liberty of media, and nourishing scholars to face the challenger of globalisation. Legal and Regulatory Environment India is a budding market and so it endorses Foreign Direct Investments in the nation; therefore, the legal system for firms in India is very flexible and the government tries to afford the highest possible business-friendly environment to new-entrants too. However, it is arguable that commercial legislations regarding labour and environmental concerns are indeed very strong. As per NASSCOM Newsline (2006), India lacks specific laws on privacy and data protection and due to the emergence of IT businesses in the economy, the government is trying to fortify the existing legislations regarding data protection issues including the Indian IT Act, the Indian Contract Act, the Indian Penal Code, and the Indian Copyright Act. Socio-Cultural Environment Many people argues that the impact of socio cultural factors are embracing every perspectives of Indian economy, starting from entrepreneurial behaviour, workforce management, consumer attitudes, to overall corporate environment. The consumer attitude s and their buying behaviour, for example, are widely influenced by their religious backgrounds; according recent studies, the Indian consumers show marked increases in demand for many consumer-goods during periods of religious festivals (like Durga-Puja, Diwali, Eid, Christmas, etc). The following table shows the percentage of the population in to context to religious backgrounds: Religion Percentage Hindu 80.5% Muslim 13.4% Christian 2.3% Sikh 1.9% Buddhist 0.8% Jain 0.4% Zoroastrian 0.01% Other 1.3% Table 4: Religious Background of the Population Source: Self-generated from neoncarrot (2009) Numerous generations and cultures in the workplace have caused alterations in motivations and values affecting personal-preferences; India is a place where managing workforce diversity effectively is the most challenging work to do; on the other hand, according to NASSCOM Newsline (2007), there have been significant improvements and changes in values in India in allowing and appreciating women in workplace. Availability of Resources Natural resources: Indiaââ¬â¢s total cultivable area is 1,269,219 kmà ², and it has a total water surface area of 314,40 kmà ² are the main natural resource for the country; in addition, Coal, Iron, steel, oil and natural gas also key natural resources; however, the following figure shows that earning from oil exports ââ¬â Figure 7: ââ¬â Oil exports Source: ââ¬â IndexMundi (2010) Human resources: The human resource of India is one of the key factors of why the country is showing marked trends in economic development. The country has over years emphasized in edifying and training the HR that has resulted in the creation of highly skilled workforces specialising in different sectors of the economy. Concern of Ethics and Social Responsibility The multinational companies operating in India are very much concerned about the imposition of corporate social responsibilities within their organisations in order to ensure that the Indian communities, environment, labours, and other stakeholders does not have any adverse affects by their regular operations. Many large Indian businesses strictly follows their own corporate regulations regarding ethical concern, but, however, as India is still a developing country, the issue of social responsibility is still quite new to the local businesses and many other new-entrants in the market does not comply to the ethical issues at all. Visser (2007) argued that the issue of corporate responsibility is still quite immature in developing countries like India and the large companies operating there more often relates CSR with doing charities and spending on education, health, and games; making an economic contribution is often seen as an effective way for a company to built social reputation. Conclusion As an emerging economy that always promotes, appreciates, and affords the best possible business environment in order to develop the economic conditions, India is indeed an ideal marketplace where any kind of business can have a good prospect. Additionally, the rural areas of the country with its conventional observations have developed over time and it is now growing at two-times quicker rate than urban cities, contributing to 60% of the overall national demand that makes these markets as an attractive place for businesses too. These enhancements of the Indian economy would continue to rise in near future turning it into one of the most promising nations throughout the world. Recommendation India rapidly developed their human resources, as a result it would be a perfect place for business; Excluding corruption and some legal barriers, Indian government is cooperative to help foreign investors; India is the ideal place for trade because of geographic location, business environment and less burden imposed by the government and all legal established products can easily enter in the market of India; The labour cost is comparatively lo wer than other countries, so India is a potential place for business; The rural areas of India are currently contributing more than the urban areas in the economy and the labours in those regions are specially trained for the manufacturing industry. Most importantly, the wage costs in those areas are far lower than the central cities, so setting up the business over there will undoubtedly be more profitable than any other places. Reference List Dewett, K. K. (2005) Modern Economic Theory. 22nd ed. New Delhi: S. Chand Company Ltd. Hamsapriya. (2010) Culture And Business Environment In India. [pdf] Web. IndexMundi (2010) Exports, Import GDP of India. [Online] Available from:à https://www.indexmundi.com/india/exports.html . IndexMundi (2010) India Age structure. [Online] Available from:à https://www.indexmundi.com/india/age_structure.html . IndexMundi (2010) Population of India. [Online] Available from:à https://www.indexmundi.com/india/population.html . Kohli, A. (2001) Succes s of Indiaââ¬â¢s Democracy. 1st ed. UK: Cambridge University Press. Library of Congress (2004) Country Profile: India. [pdf] Available from: https://www.loc.gov/item/96019266/ . NASSCOM Newsline (2006) Regulatory Environment in India. [Online] Available from:à https://www.nasscom.in/ . NASSCOM Newsline (2007) Workforce. [Online] Available from:à https://www.nasscom.in/ . NCAER (2010) Annual Report 2009-10, The National Council of Applied Economic Research (NCAER). [pdf] Available from:à http://www.ncaer.org/index.php . Neoncarrot (2009) All India Quick Ref stats. [Online] Web. Prabhudesai, A. (2010) India Economic Survey 2009 ââ¬â Analysis and Full Report. [pdf] Available from:à https://trak.in/tags/business/2009/07/03/india-economy-survey-2009-analysis-full-report/ . Visser, W. (2007) Corporate Social Responsibility in Developing Countries. [Online] Available from:à http://www.waynevisser.com/chapters/csr-in-developing-countries . Footnotes 1 Foreign Direct Investm ent This report on The Business Environment of India was written and submitted by user Jordan Jefferson to help you with your own studies. 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Monday, March 9, 2020
Free Essays on Cubsim
, the vision of the spectator is enlarged to include a number of different views. As thought they were moving form point to point, looking up then down. Modern studies of perception have shown that this is the way one forms a visual image of an object. Not from one fixed all encompassing glance, but from an infinite number of momentary glimpses, formulated and unified into a whole by the spectatorââ¬â¢s mind. Cubism introduced into painting not only a new kind of space, but also another dimension, time. Therefore one may conclude that Les Demoiselles is neither built ... Free Essays on Cubsim Free Essays on Cubsim Picassoââ¬â¢s development toward cubism reached its climax with the monumental justly celebrated Demoiselles dââ¬â¢Avignon (1906). This painting, named for a brothel in Barcelonaââ¬â¢s Avignon Street, depicts, in a highly stylized form, five angular nude or partially draped women grouped around an arrangement of fruit. This final, condensed version, developed through many preparatory works, was attained by gradual simplifications and eliminations of an originally conspicuous subject matter. 1. LINEAR (SHARP CONTOURS) VS PAINTERLY (LINES ARE INDISTINCT Picasso shows a rethinking of the human body in Les Demoiselles. This ranges from a simplified naturalism, (in the centre figures) to an increased sense of fragmentation in to angular forms, each of which appears to have an independent existence. Such disjunction of body parts challenged the standards by which the human body had been constructed before. In synchronicity, the background elements of draperies and wall were fragme nted, aligned with the figural handling. 2. PLANE (SPACE BULIT UP OF SEMI-INDEPENDENT PLANES) VS RECESSION (UNIFIED BY DIAGONAL PLANES) It is quite difficult to determine whether Les Demoiselles should be catogorized as the ââ¬Å"planeâ⬠or recessionâ⬠option for the following reasons: Picasso shifted the point of view at will heads, noses and eyes are seen simultaneously in profile and full front. In other words, the vision of the spectator is enlarged to include a number of different views. As thought they were moving form point to point, looking up then down. Modern studies of perception have shown that this is the way one forms a visual image of an object. Not from one fixed all encompassing glance, but from an infinite number of momentary glimpses, formulated and unified into a whole by the spectatorââ¬â¢s mind. Cubism introduced into painting not only a new kind of space, but also another dimension, time. Therefore one may conclude that Les Demoiselles is neither built ...
Friday, February 21, 2020
The Ideas of the Preamble Essay Example | Topics and Well Written Essays - 1000 words
The Ideas of the Preamble - Essay Example The framers had a problem with the assignment of all the powers to one person or branch. They never wanted the happenings of Great Britain to befall them. They needed all the people under the United States to be united into one big nation, hence promoting overall loyalty (Bomboy 135). Establishing Justice Justice to Bomboy (136) entails treating all people equally and with the respect that they deserve. Each individualââ¬â¢s human rights should be clearly spelt out and respected accordingly. In the articles this issue was not well spelt out and many individuals found themselves being treated with bias as compared to others. In a just society, it does not matter where you come from, what you do or your race as all individuals should be treated with equal measure. The article seemed to allow racial segregation in some way, a practice that is full of injustice. The United Statesââ¬â¢ comprise of people drawn from many races, thus, without clearly condemning racism, the society wou ld be full of injustice (Bomboy 137). This was the reason why the framers saw the need to stress the importance of justice in a society. Insuring Domestic Tranquility Tranquil means calm while domestic refers to home. By stating that the US people need domestic tranquility, it meant that they desired calmness from within the nation (Bomboy 138). Before passing the constitution, the United States had no domestic tranquility. In particular, during the Shayââ¬â¢s Rebellion the congress was driven out of Philadelphia city by the army of its own. This could have been the result of peopleââ¬â¢s dissatisfaction on how the state was being ruled. The activities taking place during the time depended purely on the congressââ¬â¢ decision. The decisions of the congress were absolute and the people were not given a chance to contribute to the issues of governance. Bomboy (138) asserts this was the reason why the framers started the preamble by saying that, ââ¬Å"We the peopleâ⬠¦Ã¢â ¬ meaning they desired their government to be ruled by the people. Provide For the Common Defense This ideal sought to put emphasis on having united defense rather than divided one. The framers saw it good to have a single defense protecting all the United States instead of each single state setting up its own defense (Bomboy 140). They thought that having a common defense would promote the overall unity among the United States as compared to leaving each state with the responsibility of protecting its own territory. The articles which the US used to govern its people before the adoption of the constitution did not emphasize the importance of having a common defense. They left each state with this responsibility exposing the states to numerous conflicts as they struggled to protect their territories (Bomboy 140). Having a common defense will hold all the United States answerable to one government, consequently reducing conflicts since all territorial issues will be handled by a si ngle party. Promote the general welfare Bomboy (143) defines welfare as the general well being of the people especially in aspects like: happiness, prosperity and fortune. It entails people having social, health, economic and psychological good. The general good as stated in the constitution preamble, refers to the promotion of peopleââ¬â¢s general well being by the government. This can be done through the provision of good infrastructural facilities, quality education, making healthcare
Wednesday, February 5, 2020
International Marketing Essay Example | Topics and Well Written Essays - 1000 words - 8
International Marketing - Essay Example In this research paper the author examines the marketing company of Smirnoff Ice in the concept of Alcopop, the term used in describing flavoured alcoholic beverages. Because of the fruit flavour added to alcoholic drinks, alcopops became more appealing to teenage and underage drinkers (Marine Institute, 2009). A good example of alcopop produced in UK is the Smirnoff Ice. Because of improvements in technology, Smirnoff is able to introduce the first malt beverage that contains pure spring water and a malt-based alcohol (redOrbit, 2007). The use of new alcohol beverage technology enabled the company to offer light and crisp alcoholic drink with refreshing taste. Since Smirnoff cannot sell alcopops to individuals below the age of 18 years old, the company should focused on marketing the product to men and women 18 years old and above. In line with this, the company should tie up with existing clubs, pubs, and large-scale supermarkets who could sell Smirnoff products in domestic market. Expanding Smirnoff products in international market is good since it can open a lot of business opportunities for the company. As part of expanding the business in Germany, Smirnoff should design a core marketing strategy which includes defining the market segmentation and analysing the 4Ps in marketing mix. Once the market analysis has been conducted, the company should start identifying potential market distribution network for Smirnoff products. Germany is one of the most populated countries around the world.
Tuesday, January 28, 2020
Effect of Tetanus Toxoid Vaccine on Neonatal Tetanus
Effect of Tetanus Toxoid Vaccine on Neonatal Tetanus Evaluation of the effect of Tetanus Toxoid vaccine on neonatal tetanus Clinical scenario Tetanus is a vaccine preventable disease caused by a ubiquitous spore-forming bacteria called Clostridium tetani (reference need). Due to its ubiquity, the disease cannot be eradicated (Roper et al. 2007). Tetanus that occurs in neonates between 3-28 days of life is termed neonatal tetanus (CDC, 1997) and the most common nidus of infection in neonates is through the freshly cut umbilical cord (Bennett et al. 1996; Roper et al. 2007). Substantial progress has been made towards the elimination of maternal and neonatal tetanus (MNT) by the WHO initiative, although it still remains a major problem in more than 30 developing countries (figure 1) (WHO, 2015). Figure 1. The global map sowing the advancement towards the elimination of maternal and neonatal tetanus. Source: WHO. (2015). [Online]. http://www.who.int/immunization/diseases/MNTE_initiative/en/index4.html Developed countries such as the United States of America, England and Denmark, have long ago eliminated tetanus linked neonatal deaths compared to developing countries (Pascual et al. 2003; Simonsen et al. 1987; Rushdy et al. 2003). Haws et al. (2007) mentioned that in areas where the prevalence of neonatal tetanus is common, vaccinating women against tetanus during pregnancy is likely to prevent the disease. Neonatal tetanus still remains one of the leading causes of infant mortality in many developing countries despite the fact that tetanus vaccine has been available for years (Stanfield et al. 1984). Hence, the aim of this critical appraisal is to evaluate the effect of tetanus toxoid vaccine given to pregnant women to provide effective protection and reduce deaths from neonatal tetanus in comparison to no vaccine. Focused Clinical Question Table 1: Search Strategy Inclusion and Exclusion Criteria Table 2: search and screening results Total number of studies = 3 (Blencowe et al., 2010; Maral et al., 2001 and Demicheli et al., 2013). Table 3: CASP screening tool for the appraisal of two Systematic Reviews and one Cross-sectional Study *A cross-sectional appraisal tool does not exist, therefore Maral et al., 2001 was appraised using the systematic review appraisal tool. Exclusions Summary of best evidence Blencowe et al., 2010 Systematic review Aim/Objective of the Systematic review: To evaluate the effect of Tetanus Toxoid vaccination of pregnant women or women of child bearing age on neonatal tetanus mortality. Study Design Search Strategy A range of appropriate databases were used such as PubMed, EMASE, Cochrane Libraries and World Health Organisation Regional Databases. Suitable search terms were used such as ââ¬ËNeonatal Tetanus, Tetanus Toxoid, Neonatal Mortality and Womenââ¬â¢. Publications in any language were also included. Selection Criteria for inclusion of studies The PICO format (Patient, Intervention, Comparison and Outcome) was used in this review to identify the studies to be included as follows: Population ââ¬â Neonates Intervention ââ¬â At least two Tetanus Toxoid vaccine doses Comparison ââ¬â Neonates born without Tetanus Toxoid vaccination Outcome ââ¬â Mortality from Neonatal Tetanus Randomised trails and observational studies meeting the above criteriaââ¬â¢s were considered in this review. Methods A systematic review of various databases was carried out to identify suitable studies meeting inclusion criteria Standardised abstraction forms were used for each outcome of interest for studies meeting the inclusion criteria Studies not meeting the inclusion criteria, studies which only reported serological outcomes and duplicate reports of studies or trails were all excluded Quality of individual studies and evidence were evaluated according to the CHERG version of the GRADE method to generate an approximate calculation of the effects in reducing neonatal mortality A meta-analysis was carried out using STATA version 10.0 statistic software and stated the mantel-haenszel pooled relative risk and corresponding 95% confidence intervals (CI) Findings Two studies which had no heterogeneity between them (p=0.16) i.e. a high-quality randomised controlled trial and a well-designed cohort study with adjustment for publication bias in its analysis, were joined into one meta-analysis to give an estimate of relative risk (RR)= 0.06 (95% CI 0.02-0.2) (Fig. 1). While, three case-control studies each with adjustment for publication bias showed a protective effect of two tetanus toxoid injections during pregnancy (odd ratio (OR) = 0.05 (0.005-0.4); OR=0.1 (0.03_0.4); OR=0.2 (0.03-0.7). Overall result A 94% reduction in neonatal tetanus mortality (95% CI 80-98%). The confidence interval of 95% for these results appear to be accurate.
Monday, January 20, 2020
The Tale of Genji by Murasaki Shikibu Essay -- The Heian Period, Japan
Being a student interested in the field of biology, one knows that studying life in the past plays an important role in the history of organisms that lived on this earth. Similarly, being Japanese, studying the past of how Japanese were plays an important role in Japanese history. Despite all the general aspects of life that have changed from the Heian period, the one idea that has definitely not changed is the romantic relationships between a man and woman. Though the general concept is the same, from reading The Tale of Genji, it is what was considered the ideal woman and ideal man that were both surprising and thus worth discussing. Written around 978 by Murasaki Shikibu, The Tale of Genji, regarded as the worldââ¬â¢s first novel, is an excellent source describing the ideal woman and man during the Heian period. Life in the Heian period revolved around the court and the social hierarchy that came with it. Thus it is completely understandable that one of the most important characteristics of an ideal man or woman was the personââ¬â¢s ranking. For most women, especially those in the lower ranks, to be able to give birth to a son whose father was of high rank would up her own status. Note however, though that she did not need to marry the father, and this was indeed the case for many women. The main reason for this is because men, especially those with high ranks like Genji and Tà µ no Chujà µ had affairs with many women regardless to who they themselves were married. Genji and Tà µ no Chujà µ both knew that because of their high rank, they could for the most part, get any woman they wished. Yet, it is b ecause of this that in The Tale of Genji, they could actually seriously consider various characteristics that they feel represente... ...whereas the ideal man would be one of high rank, faithful and had a tenderness and eloquence. The main trait discussed that would still apply personally as an ideal man and woman though would be one who was faithful. Though appearance is still a factor, what is considered beautiful has changed and a social hierarchy in the United States does not exist today. All in all, a relationship between a man and woman is an important aspect of anyoneââ¬â¢s life, regardless of the place in history, and studying these aspects from a great novel like The Tale of Genji, plays a vital role in understanding Japanese culture. Works Cited Shikibu, Murasaki. The Tale of Genji. NY, NY: Penguin Classics, 2001. 319. Print. Smits, Gregory. "The Heian Period Aristocrats." East Asian History. N.p., n.d. Web. 21 Feb 2011. .
Sunday, January 12, 2020
Ex Post Facto Laws Essay
Ex post facto laws refer to laws that apply to acts committed before the enactment of such laws and are, therefore, disadvantageous to the affected persons. The United States constitution in article I, section 10 prohibits the state from enacting such retroactive laws. This prohibition protects individuals from unjust legislative acts. However, the ban on ex post facto laws applies only with regard to criminal and not civil laws (Zollar, 2002). I believe that the US constitution is reasonable and consistent by containing provisions that limit the enactment of ex post facto laws since this help in safeguarding the rights of individuals under existing laws. If the constitution did not contain the ex post facto clause, individuals would be unfairly subjected to laws that act retrogressively and deny them justice. For instance, an adult should not be prosecuted for crimes he committed when he was a minor if such crimes could not be instituted against him at that time due to limitation on juvenile court jurisdiction. I concur with the authors of the ex post facto clause that laws should not be applied retroactively. However, where the rule cannot be reasonably applied, various exceptions should be incorporated to make the rule workable. Like every other rule, I believe that it is important for the ex post facto clause to have various exceptions that would ensure its enforceability. While I agree that laws should not be enacted retrogressively, I feel that the biggest challenge facing the ex post facto clause is the obscure differentiation of criminal laws from civil laws. The clause that prohibits ex post facto laws bans several acts. First, it prohibits the creation of criminal laws and making them retroactive. Such retroactive laws have the effect of criminalizing acts committed before their enactments. The clause also prohibits laws that are made in order to retroactively aggravate a crime, for instance, by retroactively changing a misdemeanor to a felony. Retroactively increasing the punishment for a crime is also prohibited under US laws. Furthermore, the Ex post facto clause also bans the creation of laws that alter the rules of evidence and instead allow conviction based on different or lesser evidence than what the law proscribed at the time of the crimeââ¬â¢s commission (Gardner & Anderson, 2011). There are several exceptions to the limitation of retroactive laws in the ex post facto clause. The rule is limited to penal law and is not applicable to cases where the new laws favor the accused. Moreover, the rule is not applicable to customary laws and precedent laws that are retrospective with regard to previous cases. Another exception to the ex post facto rule is a retroactive law that provides for retribution for certain acts that were illegal but not criminal when they were committed. An example of such a law is the London Agreement, which is retroactive to the extent of acts that constituted violations of international laws when they were committed (Bassiouni, 2011) One of the most important current aspects of ex post facto laws is taxation. Prohibition of retroactive laws is limited to criminal acts. Therefore, there is no ex post facto law prohibition in taxation since it is a civil act. In the case of Fernandez vs. Fernandez, it was ruled that prohibition on ex post facto laws was limited to criminal laws and that tax laws were civic. In September 2012, the U.S Commerce Department imposed an ex post facto tax of $ 100 million as an anti-dumping measure (Foldvary, 2012). I feel that there is need to address the lack of prohibition of ex post facto laws in taxation. It would be unjust if entrepreneurs would lose property through confiscation by the government in an effort to recover retroactive taxes. References Bassiouni, M. C. (2011). Crimes against humanity: Historical and contemporary application. Cambridge: Cambridge University Press. Foldvary, F. E. (2012). The Progress Report: Ex post Facto Taxation. Retrieved October 27, 2012 from: http://www.progress.org/2012/fold784.htm Gardner, T. J. and Anderson, T. M. (2011). Criminal Law. Belomont, CA: Cengage Learning. Zollar, J. (2002). Prohibition against Ex Post Facto laws. House Research. Retrieved October 7, 2012 from: http://www.house.leg.state.mn.us/hrd/pubs/ss/clssexpost.pdf
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