International Business Essay Example | Topics and Well Written Essays - 4500 words

International Business - Essay Example In short, international business is facing fewer constraints at present even though it faced plenty of barriers in the past. The mode of entry into overseas market by international companies is often attracted huge debates. Some companies are looking for alliances with a company in the target country whereas other companies are looking for merger and acquisition as a mode of entry strategy to expand their business to overseas countries. Even the same company opts for different mode of entries in different countries. For example, Wal-Mart established a business alliance with Bharti group in India as a mode of entry in India market. At the same time, they used mergers and acquisition as the mode of entry in European and South African markets. â€Å"Cross border mergers and acquisitions (M&As) are a main vehicle for foreign direct Investment. Yet despite its quantitative importance, the determinants of cross-border M&As are still not well-understood† (Brakman et al, 2008, p.1). G aughan (2007) explained M & A as a process in which two corporations combined together to form a single one. Moreover, only one corporation survives after the M & A while the merged corporation goes out of existence after the merger process (p.12). Merger and acquisition are one of the most popular business strategies in the modern business world. However, there are lots of concerns and debates about the success and failures of this business strategy. This is because of the fact that there are plenty of examples about the success and failure of the M & A deals in recent times. Some of the recent statistics show that the popularity of M&A as a mode of entry is decreasing in recent times. Some think the M&A cycle has already started to turn up. In the first three quarters of 2012, as the euro tottered and fear gripped the global economy, M&A activity worldwide was 17.4% lower than in the same period of 2011. Yet it surged in the fourth quarter, to the highest level of any quarter in t he past four years. This is one reason to expect more mergers this year, says a report by Wachtell, Lipton, Rosen & Katz, a law firm that specializes in M&A. However, Mr Moritz suspects that some deals in late 2012 were rushed through by companies that were worried about possible changes to the tax code. Most deals in 2013 will probably be fairly small, designed to strengthen or fill a gap in the buyer’s existing operations. These are known as â€Å"plug and play†. Transformational megamergers grew rarer in 2012, with only four deals topping $20 billion. That was the same as in 2011, and fewer than in each of the three previous years (Mergers Shall we?, 2013). From the above statistics, it is evident that business pundits are not sure about the success and failures of M & As. To merge or not to merge, that is the question. Whether it is nobler in the mind to suffer the pains of negotiation & integration or to defy global trends and find alternatives. This paper critica lly evaluates the arguments of the pro-merger and anti-merger schools and takes a conclusive position that global mega-mergers are a good policy to undertake in international business practice. Arguments in favor of M & A Miller (2008) pointed out that Edwin L. Miller (Author) †º Visit Amazon's Edwin L. Miller Page Find all the books, read about the author, and more. See search results for this author Are you

Criminal Law and Criminology Essay Example | Topics and Well Written Essays - 1000 words

Criminal Law and Criminology - Essay Example As may be inferred from the above stated, the subjectivism/objectivism debate effectively mirrors the existent tension between the principles of deed and equal culpability. The objectivist camp believes that criminal liability should be limited to what the person actually did, while the subjectivist camp upholds the expansion of criminal liability towards the embrace of the person's state of mind. Accordingly, the objectivist camp upholds the principle of deeds and the subjectivist camp that of equal culpability.3 The complex nature of prevailing criminal law lies it that it is neither one nor the other but seeks the embrace of both positions. This lends to several questions, all of which combine to underscore the controversies inherent in the law of criminal liability. The first of these questions pertains to the concept of mens rea. ... As per the objectivist and the subjectivist divide, there are two answers to this. The first define intention as implying that "the agent would necessarily commit an offence in carrying it out."6 The second response states that "intention should only be required for the conduct and the result elements, but not for the circumstance elements, of criminal attempts."7 (Husak, 1997). Divergent responses, reflective of the objectivism/subjectivism divide, only compound the complexities inherent in the determination of criminal liability within the context of the law of attempts. Divergent interpretations of the concept of attempt, as illustrated in the preceding paragraph, are problematic when considering the import of attempt within the context of English criminal law. As Lord Goddard maintained in Whybrow [1951]8 "intent [is] the principle ingredient of the crime." Indeed, the Criminal Attempts Act of 1981 has embodied this principle.9 As stated in the Criminal Attempts Act of 1981, "If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.'10 The implication here is clear. If a person intends to rob a house but fails, he/she will be held liable for intended robbery and if he/she planned to enter a house and kill its occupants, but fails, he/she will be held guilty of attempted murder. If, on the other hand, a person enters a nursing home with the intention to rob, while knowing full well that if seen by a ny of the residents, the resultant alarm and shock could incite a heart attack culminating in death, he/she will only be held guilty of attempted robbery despite his/her knowledge of