International Business Law, Its Role And Issues Free Essay

Business law is a field that encompasses different aspects of commerce1. The field focuses on laws that govern how businesses are managed, stated, or transferred from one party to another. Businesspeople should, therefore, be aware of the existing laws to have successful entrepreneurial activities. Business law, therefore, embraces most of the concepts associated with civil law. It also deals with both public and private laws. This law applies to the relations, rights, and involvement of parties engaged in different trade activities. According to Cuniberti, international business law is a field that outlines conventions, rules, and treaties that govern international business or commercial transactions (14).

This means that the targeted business transaction is undertaken by two or more nations. International regulations are requirements dictating the operations of different organisations and nations at the global level. Such regulations are usually put in place to ensure different groups, individuals, and organisations are held accountable for their business engagements. This essay will, therefore, discuss the importance of various international regulations and describe how international business law has realised its aims. The essay will also outline the legal, cultural, and diplomatic problems in international business law.

Business organisations engaged in international trade should follow various regulations and control measures. The United Nations (UN) and other nations impose international regulations and trade control to achieve several goals2. For instance, such international regulations are used to promote foreign policies, protect the national securities of specific nations, and improve the performance of domestic economies. Such regulations will affect the exportation and importation processes of different products. International business laws also have the potential to affect human travel, imports, financial transactions, and business investments. It is therefore notable that different players are forced to follow such restrictions whenever doing business in a specific region or country. As well, different licensing requirements are put in place to ensure every international business activity is executed ethically. International business experts believe strongly that the existence of regulations is something critical towards dealing with different global issues.

The case Kiobel v Royal Dutch Petroleum (10-1491)3 explains why the Alien Tort Claims Act4 does not apply extraterritorially. Environmental protection (EP) laws have been put in place to deal with issues such as climate change and pollution. Companies engaging in several global business operations are required to promote the best practices that can safeguard the integrity of the natural environment. For instance, the International Environment Protection Act of 19835 was implemented to guide and support the environmental issues undertaken by different nations across the globe. It is also agreeable that international business law has managed to achieve some of its aims and objectives6.

For example, business entities can engage in sustainable practices thus promoting the integrity of the natural environment. The UN and other international bodies have managed to protect different stakeholders through the use of international business laws7. The fact that many companies have initiated new ethical principles is a sign that such laws are significant for international business.

According to experts, international business law has led to several cultural, legal, and diplomatic problems. To begin with, corporations engaged in international businesses encounter numerous legal complexities. Legal disputes occur whenever specific parties fail to honour certain regulations. Some international bodies might outline unethical policies or regulations. Some domestic lobbies might be powerful thus affecting the performance of other players8. Several traders might also engage in dishonest declarations and business malpractices. Violation of domestic regulations might also increase. Picciotto argues that “two or more regulations might result in conflicts of interest thus affecting the arbitration process” (p. 139).

New legal challenges might arise due to issues such as specification, value, quality, licensing, state policies, and contractual obligation. This knowledge encourages individuals engaging in international business operations to examine various legal aspects and regulations9. Diplomatic problems also arise whenever two or more nations encounter an international trade dispute. Disputes might arise when there is a conflict of policy between two or more countries. Similar disputes might also occur when some trade actions become impractical. The case Gilbert v. Burnstine10 was decided by a New York court thus becoming the first authority whereby arbitration awards were made in a foreign nation. Sometimes it becomes impossible to apply a set of international business regulations or standards.

Such issues will, therefore, call for diplomatic interventions. International trade brings together many individuals from diverse backgrounds. Although such parties are governed by different international trade policies, it is agreeable that a set of cultural problems are inevitable. For instance, language problems might arise thus making it impossible for different players to achieve their business potentials. Culture collisions and pricing issues also affect the success of different international trade practices. Corruption, religious views, and government’s involvement are some cultural issues that have continued to affect the integrity of international businesses11.

In conclusion, international traders should be aware of different regulations and laws to have successful businesses. They should be ready to tackle various cultural, legal, and diplomatic challenges affecting their respective businesses12. Such parties should also examine the effectiveness and applicability of different international trade regulations.

Bibliography

Bethlehem, D., The Oxford Handbook of International Trade Law, Oxford, Oxford University Press, 2009.

Cuniberti, G., ‘The Laws of Asian International Business Transactions’, Pacific Rim Law and Policy Journal, vol. 25, no. 1, 2016, pp. 1-24.

Gilbert v Burnstine [1931] 255 NY 348 (Ch) [706]-[794].

Kiobel v Royal Dutch Petroleum [2012] US 102 (Ch) [10]-[1491].

Nayler, P., Business Law in the Global Marketplace: The Effects on International Business, New York, Routledge, 2006.

Park, W., Arbitration of International Business Disputes: Studies in Law and Practice, Oxford, Oxford University Press, 2012.

Picciotto, S., ‘Rights, Responsibilities and Regulation of International Business’, Columbia Journal of Transnational Law, vol. 42, no. 1, 2003, pp. 131-151.

Steinitz, M., ‘The Case for an International Court of Civil Justice’, Stanford Law Review, vol. 1, no. 1, 2014, pp. 1-16.

Waincymer, J., ‘Legal Issues in Trade and Investment’, International Economics, Finance and Trade, vol. 2, no. 1, 2010, pp. 1-6.

Wenger, J., ‘International Economic Law’, Economic Resource Guide, vol. 1, no. 1, 2015, pp. 1-37.

Footnotes

  1. See G. Cuniberti, ‘The Laws of Asian International Business Transactions’, Pacific Rim Law and Policy Journal, vol. 25, no. 1, 2016, p. 14.
  2. See J. Waincymer, ‘Legal Issues in Trade and Investment’, International Economics, Finance and Trade, vol. 2, no. 1, 2010, p. 5.
  3. [2012] US 102 (Ch) [10]-[1491].
  4. See also W. Park, Arbitration of International Business Disputes: Studies in Law and Practice, Oxford, Oxford University Press, 2012.
  5. See J. Waincymer, ‘Legal Issues in Trade and Investment’, International Economics, Finance and Trade, vol. 2, no. 1, 2010, p. 3.
  6. See also Kiobel v Royal Dutch Petroleum [2012] US 102 (Ch) [10]-[1491].
  7. See J. Waincymer, ‘Legal Issues in Trade and Investment’, International Economics, Finance and Trade, vol. 2, no. 1, 2010, p. 3.
  8. See P. Nayler, Business Law in the Global Marketplace: The Effects on International Business, New York, Routledge, 2006, at page 83.
  9. W. Park, Arbitration of International Business Disputes: Studies in Law and Practice, Oxford, Oxford University Press, 2012.
  10. See Gilbert v Burnstine [1931] 255 NY 348 (Ch) [706]-[794].
  11. See also J. Wenger, ‘International Economic Law’, Economic Resource Guide, vol. 1, no. 1, 2015, p. 19.
  12. See Chapter 5 D. Bethlehem, The Oxford Handbook of International Trade Law, Oxford, Oxford University Press, 2009.

Stigmatization And Its Invisible Damage

Introduction

Stigma affects several many people around the world and results in great suffering among them. Several causes of stigma include abuse, sexual assault, violence, and discrimination. The effect of stigma is detrimental and varies from a loss of self-worth, trauma, stress, and mental illness that affect personal life as well as family life. Richman and Hatzenbuehler (2014) point out that stigma leads to the poor social life of individuals due to associated illnesses, poor education, isolation, stress, low self-esteem, anxiety, and may even result in death (215). The effects of stigma compromise individuals’ willingness to live a healthy social life, leading to desperation and misery. Individuals suffer in isolation as the society categorizes them as marginalized and hence deprived of social rights. This leads to social dissatisfaction and painful social wounds (Figure 1). In this regard, individuals shy off and lead isolated lives away from society. Therefore, this essay examines the invisible wounds of a stigmatized individual in the meantime reminding us that we are all equal human beings.

The Invisible Wounds

Invisible wounds
Figure 1: Invisible wounds (Humans of New York par 1).

We can see a distressed individual depicted in the picture above. He is isolated and does not have social engagement with other humans, trees, or animals; thus the picture presents a stressed individual in an isolated life. The dark complexion relates to underdeveloped nations signifying shame or inability to control circumstances surrounding one’s life. According to Richman and Hatzenbuehler (2014), poor policies, undeveloped human practices, and backward culture lead to social stigma (214). The complexion and t-shirt color is a mark of self-defect of the individual and condemning feeling of rejection and inferiority. The background light-colored wall indicates a displacement of an individual’s social life. Based on this, the light wall brings shame and the presence of a hopeless individual in a lively environment. However, this image presentation does not imply that a dark complexion or black color is a representation of disgrace as purported.

The isolation of an individual in a quiet environment without any activities indicates disgrace and despair. In this regard, the effect of despair and shame is trauma, social distress, and poor social life. The above image shows an individual with a wrinkled face indicating pain triggered by devastating life experiences. The wrinkles though do not always depict distress, as it can be associated with a phenotypic characteristic of an individual. The isolated life is an indication of poor social life caused by stigma resulting from social rejection. In the figure, the wide-opened eyes, and the turned posture provides a condemning outlook of shame and damaged self-image. Overall, the background, choice of color, and image characteristics combine to bring about stigma in a visual presentation.

Arguments of Visual images

The individual’s wrinkled facial appearance signifies distress that may be a result of social dissatisfaction. The wrinkle in the face is an illustration of emotional pain experienced due to social injustice. The background of the picture is a clear wall that does not show the presence of other living things or trees associated with a natural environment. Thus, a clear background brings a feeling of desolation and abandonment. The photographer’s ideal intention is to get people to have a personal interpretation of the circumstances surrounding the image. Gonzalez-Polledo (2016) alludes that the photographic use of an image with physical attributes of pain enables viewers to connect with the life of the photographed individual and establish a relationship to share the pain (5-6). In the above figure, therefore, the act of isolation and wrinkles on the face of the individual sends a message of distress and trauma to a viewer.

The individual dark complexity and black T-shirt add taste to the power of visual cues. In this aspect, the background appearance of obscured images draws the audience’s perception of the world that is drifting away to infinity living the individual in agony. The despair in the individual’s face is a result of his inability to control the events and shame of being in the situation. The wide eyesight and turned posture signify the individual desire for intervention to change the circumstances. However, this posture may also indicate that the individual’s position connotes surrendered life, disgrace, and humiliation. The depiction does not mean entirely that the individual is facing social injustices and pain but rather the whole photography may have been to communicate an intended photographer’s message. In this figure, the use of dark complexion and black t-shirt indicates the futility of efforts aimed at changing the bad experiences in his life.

Use of Image Caption

The use of caption in imagery helps give direction on the actual situation of the facts surrounding the picture. Photographers engage the use of caption to educate, clarify, cement, or reprove the viewers’ perception of events. Caption enhances direct disclosure and understanding of the events surrounding the individual’s life. Miguel (2016) explains that captions use highlighted phrases or statements that briefly describe the situation of a particular image (5). The important aspect of a caption is establishing the relevant context of the image. The use of a caption in the above picture complicates the readers’ interpretation of the image by briefly describing the reason behind the stigmatized individual. The word “invisible wound” attracts the reader’s interest and creates curiosity over what has caused the wounds. The viewer identifies the individual as of black origin as the caption did not provide any identification. The absence of the caption makes viewers relate the events that might have caused the invisible wounds to injustices of nations on the individual’s lives and society.

The invisible wound is either emotional pain or damage of body organs due to inhuman treatment to the individual or the society he represents. Based on the background, the caption complicates the viewer’s understanding of the events caused by the wounds and of the stigmatized individual. The caption thus engages the viewers’ emotions and raises the feelings of humanity informing the need to consider other people’s rights to life. However, the background does not provide a natural setup environment thus make the viewer doubt the reality of the context. Based on this, the viewer gets confused about how to interpret the image.

Intended Subject-Viewer Relationship

The photographer intends to build a truthful claim relationship on the existence of invisible pain and injustice in the society that stigmatizes individuals. This relationship makes the viewer believe the image is real by creating an illusion of authenticity that builds networks based on social unity and emotional sharing. According to Senft and Baym (2015), the use of nearly real images of events that carry emotionally provocative statements in photography creates network-based solidarity amongst the viewers (1596). In the above figure, the photographer intends to create a real relationship between the viewer and the image and raise the feelings of togetherness of humanity. Attained realism and network relationships influence the viewer’s perception and interpretation of the context of the image. In this sense, the photographer uses a persuasive approach to convince the viewer of the existence of inhuman acts and stigmatization. Realism and relationship enhance the creation of a memorable event by the viewer through sharing the individual adversaries.

Social Perspective

Photography portrays the lives of its subjects as desperate and traumatized. The use of body gestures to indicate the emotional condition of the subjects creates the perfect impression of real-life events. According to Gonzalez-Polledo (2016), body gesture communicates the relevant emotional conditions within a photographed image (5-6). The outward presentation of wrinkles and undesired talk by the individual in the above figure clearly describes the bad stigmatizing experiences and pain as communicated in the caption. The photography reduplicates reality leading to the blurred perception of an originally intended message. The caption and the unnatural background makes the life of the individual and related society look miserable, as the understanding of the truth is a result of the available image and caption. This though might not be the case as it entirely depends on the viewer’s perception and interpretation of the image.

On the contrary, the photographer’s reason behind the choice of the image for communication remains undisclosed. The true-life experiences of the individual and the society may be exactly different from the communicated message. The photograph does not catch an accurate picture of the events and the pain of the individuals represented as the image lacks a natural background to support real-life occurrences. Additionally, the photographer intended result on the creation of the image or photograph may be different from the global understanding of the message. However, the clear message that replicates in the image is the need to acknowledge that all lives matter and deserve equal treatment.

Working against Social Change

The photograph evokes emotional pain and uncertainty over the events of the invisible wound amongst its viewers. According to the argument of Gonzalez-Polledo (2016), the constant sharing of images depicting painful experiences in social media reduces the impact of pain and makes atrocity look ordinary (5). Thus, this image reduces the social intention to achieve equal rights for all humans. The creation of the painful network-based emotional relationship between the image and the viewer keeps bad memories that haunt the viewer due to the inability to change the circumstances enhancing hate and social differences.

Additionally, the image does not give the real picture of the events surrounding the photography that can help in finding a lasting solution to the social issues. In this case, the image only serves to renew personal pain of social injustice and those related to the community making healing and reconciliation hard to achieve. Overall, the viewer has to guess the occurrence of the stigmatizing events, image context, and current circumstances valuable to enhancing the good social cohesion of respectful human lives.

Conclusion

Stigma affects a lot of individuals around the world regardless of race, gender, or ethnicity causing poor social life that leads to trauma, social desolation, emotional pain, and illnesses. Individuals and social media should be concerned with the best way to communicate stigmatizing events through photography as it results in a network-based relationship. However, such sensitive matters need a decent approach to the creation and exchange of these stigmatizing events to prevent the loss of human touch on atrocities that are significant in achieving equal importance to all lives.

Work Cited

Gonzalez-Polledo, Elena. “Chronic Media Worlds: Social Media and the problem of Pain Communication on Tumblr.” Social Media and Society, vol. 1, no. 1, 2016, pp 1-11.

Humans of New York. “Invisible Wounds.” Humans of New York, 2017.

Miguel, Cristina. “Visual Intimacy on Social Media: From Selfies to the Co-Construction of Intimacies through Shared Pictures.” Social Media and Society, vol. 2, no. 1, 2016, pp. 1-10.

Richman, Laura, and Mark Hatzenbuehler. “A multilevel Analysis of Stigma and Health: Implication for Research and Policy.” Policy Insights from the Behavioral and Brain Sciences, vol. 1, no. 1, 2014, pp. 213-221.

Senft, Theresa, and Nancy Baym. “What Does the Selfie say? Investigating a Global Phenomenon.” International Journal of Communication, vol. 9, no. 1, 2015, pp. 1588-1606.

Advanced Practice Nurse’s Roles And Health Policy

An Advanced Practice Nurse (APN) is supposed to play a range of roles so that the needs of the target population (i.e., the members of a local community) could be met successfully. These roles often define the very purpose of an APRN’s existence and, therefore, include crucial tasks that a nurse must complete to prevent the instances of negative outcomes among patients. Because of the opportunities that it offers to patients and fellow nurses, the education-related role should be mentioned first. An APRN must create an environment in which a patient and a nurse could engage in the consistent acquisition of the relevant skills and data. Thus, the significance of the educational role of a nurse must be emphasized extensively.

Apart from offering opportunities for both nurses and patients to develop the necessary skills, an APRN must assume the position of a communicator and negotiator. There is no need to stress that the importance of building a dialogue between a patient and a nurse is a crucial step toward providing efficient care and meeting the needs of the target population successfully. However, in a range of cases, patients and their legal guardians may make a mistake when deciding between the existing options. Therefore, a nurse must be able to deliver the relevant information to a patient and their legal guardians so that the right choice could be made and the environment for improving the patient’s well-being could be provided. The role of an administrator should also be incorporated into the set of the ones that an APRN will have to play in the context of the contemporary healthcare setting. As a result, an APRN will be able to arrange the process of managing patients’ needs efficiently.

Health Policy and the Advanced Practice Role

Despite the attempts at addressing the issue of childhood obesity, the problem remains topical for numerous families and communities. One might argue that the current trends of a drop in childhood obesity rates should be considered an indicator of the successful management of the problem (Dietz et al., 2015). However, even though the rates of the problem have been reduced, it still requires further management so that the current progress should not be affected by the lack of enthusiasm and the failure to carry out the program fully (Robert Wood Johnson Foundation, 2017). The issue of childhood obesity should be viewed as a reason for concern due to the effects that it has on patients’ health, including the increased threat of developing diabetes or cardiovascular disease (CVD). Therefore, the further enhancement of the problem management, especially as far as the promotion of the related community programs is concerned, will have to be deemed as one of the priorities of an APRN (Gortmaker et al., 2015).

The current policy toward managing childhood obesity can be described as primarily an awareness-raising one. On the one hand, the identified approach allows embracing a wide range of audiences and, therefore, introduce every member thereof to the threats of childhood obesity. On the other hand, it does not contribute to developing culture-specific approaches that will help target a particular community. Herein lies the primary problem with the current concept of childhood obesity management. The development of a single general framework instead of several culture-specific ones affects the quality of managing the needs of the target population.

To make a difference and change the current situation, one will have to consider applying the strategy that will help convince the target population about the necessity to manage their children’s weight and, therefore, engage in the active acquisition of the relevant knowledge and skills. For this purpose, it will be crucial to incorporate social media into the set of tools used by nurse educators as the means of attracting the attention of the target audience. By inviting parents to participate in a dialogue and communicate with nurses, one will be able to create the environment in which the information about the signs of symptoms of obesity, as well as the measures allowing the prevention of the problem, will become easily available to everyone. As a result, the instances of obesity will be identified at the earliest stages of their development and addressed accordingly.

As a family nurse practitioner, I would focus on providing counseling about obesity and offering strategies for obesity management. Furthermore, I would attempt at addressing the community, in general, along with targeting its every single member, in particular. Finally, learning more about the culture of the target population will be a crucial step toward understanding how to handle the issue of childhood obesity efficiently.

It would be wrong to expect a positive change in the levels of childhood obesity immediately after the program is implemented. Instead, the dynamics of change should be assessed based on the percentage of the community members that develop a responsible attitude toward the subject matter. Thus, it is the change in the number of people attending consultations, as well as the levels of involvement in social media, that will have to be measured.

References

Dietz, W. H., Baur, L. A., Hall, K., Puhl, R. M., Taveras, E. M., Uauy, R., & Kopelman, P. (2015). Management of obesity: Improvement of health-care training and systems for prevention and care. The Lancet, 385(9986), 2521-2533. Web.

Gortmaker, S. L., Wang, Y. C., Long, M. W., Giles, C. M., Ward, Z. J., Barrett, J. L., … Cradock, A. L. (2015). Three interventions that reduce childhood obesity are projected to save more than they cost to implement. Health Affairs, 34(11), 1932-1939. Web.

Robert Wood Johnson Foundation. (2017). Declining childhood obesity rates. Web.