Corporate Social Responsibility (CSR) Report Analysis Research Paper

Corporate Social Responsibility (CSR) Report Analysis - Research Paper Example It is information based and targets utilizing its center abilities or aptitudes with the goal that they may expand the comprehension of the worldwide patterns in CSR. Hershey’s system, which is established on the company’s esteem, is available to changes and spotlights on associations that are in arrangement with their way of life, helps the organization in propelling their developing worldwide organizations. Hershey’s has likewise joined forces with a few organizations in the comprehending issues emerging from environmental change, asset shortage and human rights. The company’s the executives has acknowledged there is a requirement for them to proactively appreciate and address their neighbor’s issues while working with them. Hershey’s has likewise been gaining vital ground in the accomplishment of their CSR objectives while building supportable stages for guaranteeing the company’s development. This has been accomplished through the establishment of solid convictions in the company’s values and particular legacy. The central rules that direct the company’s CSR procedure to progress are established on ability or asset the executives and dependable sourcing. In dealing with the company’s CSR methodology, they utilize capable or experienced groups, a mindful or drew in workforce, renewed business techniques and candy parlor items that are world-class. Hershey’s has had an effect on seventy nations in Asia, America and South America using viable advertising, deal, dissemination alongside assembling activities. At last, the company’s CSR methodologies center around their commercial centers, the earth, work environments and the network (The Hershey Company, 2011). B. Brief Summary of the Report, Noting Significant Achievements, Actions and Goals. The report gives data on the company’s profile and the procedures of accomplishing their CSR targets. It additionally gives their C SR’s towards the commercial centers, condition, work environments and the network. The report gives that the company’s objectives incorporate delivering excellent items or selling them at reasonable costs and giving work that is significant while offering reasonable wages to their representatives. Its different objectives incorporate offering back to the networks in their zones of activity and being acceptable stewards of land and the assets acquired from it. The report shows that the organization has had the option to dispatch production lines in America, Asia and Latin America to empower them to deal with their business sectors all the more successfully. They have additionally made progress in different activities in the nonmanufacturing division by opening up managerial workplaces in different pieces of the globe which incorporate Japan, Singapore, Dubai and the Philippines. The organization report specifies that it has additionally figured out how to extend their h otspot for crude materials to nations like Nicaragua, Cameroon, Cote d’ivoire, Indonesia and Jamaica. Its reports show that the organization has had the option to pick up their clients trust and have additionally expanded their exploration endeavors so as to fulfill their customer’s needs more properly. Moreover, it demonstrates that the organization has had the option to fulfill their representatives in this manner enhancing their efficiency while giving appropriate comes back to the financial specialists. These accomplishments have thusly empowered Hershey’s to intently work together with its colleagues in discovering answers for the issues that the extraordinary

Strategic Human resource Management Essay Example | Topics and Well Written Essays - 1500 words

Vital Human asset Management - Essay Example On comparative lines, in our association, execution of cutting edge administrators is estimated based on profitability and quality accomplished. Albeit authoritative qualities fuse explicit conduct, qualities and direct anticipated from representatives, these have negligible effect on their presentation result. Estimating execution of cutting edge representatives based on efficiency and quality is progressively similar to following logical administration standards of Taylorism and Fordism, which are incongruent with contemporary administration and hierarchical conduct just as authoritative necessities. Presently, execution the board should concentrate on generally speaking productivity of the association and a ceaseless supportability. The ever-expanding rivalry in the products’ and services’ markets expects individuals to be progressively imaginative in making more up to date items, highlights, frameworks, and instruments of working. Advancement in kinds of administrat ions gave just as improving benefit for associations is additionally much required. Since the quantity of representatives at the cutting edge is the most extreme and these gatherings are legitimately into doing center tasks of the associations, top level input towards development can be normal from this gathering. Be that as it may, with no bearing and returns, they won't be propelled to thoroughly consider of the container as well as go additional mile to accomplish the phenomenal or untold undertakings. Solid help from initiative at all levels and for all gatherings of representatives is additionally required to support development and broadened commitment from workers. This would likewise mean responsibility from administration point of view that can be quantifiable. Absence of such help and practices will just bring about diminishing inspiration and duty from workers, which is the situation by and by in our association. Zone of progress and explanations behind the change: In req uest to address this part of execution the board and worker conduct, it is ideal to remember a segment of representative conduct for execution the board that can make responsibility for the ideal conduct other than empowering explicit practices that would be helpful for the worker improvement just as the authoritative development. Execution the board is a procedure utilized by associations to ceaselessly improve their representative execution, upgrade worker inspiration and search for chances to advance or further improve so as to pick up just as continue intensity. This is an intricate and basic procedure that has been investigated massively and has brought about various strategies. Execution estimation has been an all around embraced strategy for execution the board. Estimation of execution at each level and in each capacity is a particular movement, and can't be joined. In spite of the fact that the authoritative objective stays exceptional and single, various exercises should be acted so as to accomplish that objective by various individuals having particular abilities and capacities. Since the idea of work performed by these individuals adding to accomplishment of authoritative objective is extraordinary, they must be estimated in an unexpected way, that is exact and suitable, so as to help in accomplishing the ideal outcomes. Halachmi (2005) attests that so as to propel execution there is a need to oversee

How to Make a Strong Thesis Statement

How to Make a Strong Thesis Statement Weve all been there: up into the late hours of the night, struggling through writing a paper that you are completely unsure about (that just so happens to be due tomorrow). Your paper seems to meander and not make sense and you are frustrated. Most often when we struggle with a paper its because our thesis statements arent in order.Think of your papers thesis statement like a coverline on the front of a magazine. Though the story inside may be hundreds or even thousands of words long, the coverline on the front details what the story is about in just a few succinct, compelling words. The coverline will give you an argument as to why you should pick the magazine up from the rack and put it on the conveyor belt along with your other groceries. The same goes for your papers thesis statement. Its purpose in your paper is to make an argument about your topic in a way that pieces and organizes all of your evidence together. The thesis statement should keep the reader engaged and make them want to read more.Most importantly, the thesis statement should perfectly sum up what the rest of the paper is saying. Have you ever seen a really good movie trailer and then been extremely disappointed by the movie itself because it wasnt what the trailer portrayed it to be? Think about that as you write a thesis statement to go in your paper. You want your thesis statement to be compelling, but you also want your thesis to be backed up with evidence in the body of the paper so that the reader doesnt feel duped at the end.So, you know that a thesis statement is important and central to your paper, but how do you go about writing an effective one? Here are a few examples of what to do (and what not to do) when writing your thesis statement.The thesis should go at the beginning of the paperBecause the thesis is so central and integral to how the rest of your paper reads, it should go in the first paragraph (or at least one of the first few paragraphs) in the paper. Much like a lede s entence in a newspaper article, the thesis tells the reader what the rest of the article is about and clues them into what they can expect the rest of the way. If the thesis were to go anywhere but the beginning, this would be confusing to your audience as they wouldnt know the point of why they were reading in the first place.The thesis statement is the starting point of your race.Make your thesis give direction to the rest of your paperAll thesis statements make arguments about your topic, but good thesis statements give direction to how the rest of the paper will be shaped. In order to accomplish this, your thesis should lend itself to several reasons that elaborate on your claim. For example, the thesis College athletes should be paid, while certainly an argument, isnt effective because it lacks a sense of structure. This argument doesnt naturally lend itself to body paragraphs. However, if you wrote your thesis as, College athletes deserve compensation because it is the ethical and moral thing to do, then you have two potential reasons that support your claims, thus giving shape to the rest of the paper.Because you have added in a claim to your argument, you can now spend several paragraphs discussing (with your evidence to back it up) things such as the time college athletes devote to their sport and then several paragraphs on how many collegiate athletes come from poverty and how difficult it is for them to make it. With these claims it will be much easier for you to figure out how to structure your paper effectively.A good thesis statement should give your paper direction.Make sure your argument is debatableThough its good to question everything that you learn with a bit of healthy skepticism, there are certain truths that we as a public already know. For example, everyone knows that rent is high in New York City. This statement is unequivocal and therefore it would not be interesting to write a thesis statement that simply said, New York Citys rents a re among the highest in the world. This isnt something that can be argued for or againstâ€"it is simply a fact that most people know.The moment your fact becomes an actual thesis statement is when you add the argument to it. You could take your fact: New York Citys rents are among the highest in the world and then add the argument, and should be rent controlled in order to preserve the multi-cultural and unique identity that it has historically had.Only when you add the argument does it really become a thesis statement (and also becomes something that your audience would likely want to read on about).A thesis statement requires an argument to discuss.Smaller is better when it comes to thesis statementsPapers are often more focused when the argument you are trying to make is smaller. If your argument is overly broad (think something like, child care should be more affordable in the United States), then your paper will most likely be meandering and lack a sense of direction. With a to pic so large, there is too much information to cover effectively in such a short amount of time and space. When you make the argument smaller and localize it (something like Childcare should be publicly subsidized in California), then its easier to zero in on facts and provide evidence to your audience.A small thesis statement is focused and effective.Ensure that your thesis statement actually answers the research questionSometimes you may be so busy researching and making sure that your thesis statement is effective that you may forget to check if the paper is actually responding correctly to the paper prompt. For example, if your teacher asked you to write an essay on Atticus Finchs parenting style in To Kill a Mockingbird, then writing your paper and your thesis statement on how Boo Radley is the mockingbird wont be answering the question. Even if the essay and thesis statement are strong, the paper wont be addressing the issue your teacher wanted you to explore.Answering the tea chers question is necessary for a thesis statement.Your thesis will emerge from the writing process (particularly from revisions)Many novice writers think that your thesis statement should come out fully formed when they first start typing. What really happens is that you have a loose idea of an argument when you first start and the more you read and write on your subject, the clearer your argument will become. The thesis statement will really take shape, however, when you are in the thick of the writing process. As you revise, trim, rearrange, and add your paragraphs, your thesis statement will have more clarity. Remember, your thesis statement should be a succinct summary of what your body of evidence is saying.As you write, you will refine your thesis statement.Nuance is okayIn an academic argument its not necessarily about earth shattering revelations as much as it is approaching a question in a new way or coming to a new insight of a particular problem. For example, instead of a thesis that claims to solve world peace, a thesis on what you can do to make your local community a better place can be much more powerful. Dont feel like you have to solve all of the worlds problems in your paper. A good argument doesnt solve major problems; it looks at problems under a new light. Good research is done in small increments and often looking at things under a microscope rather than making grand pronouncements.Focus on smaller issues rather than the big picture.Thesis statement examplesThe following are a few examples of weak thesis statements versus effective and strong thesis statements on well-known paper topics. Use these example thesis statements as a guide to help you think about how you should structure your argument for your particular topic. (Note that these essay topics are for example and are very general and should not be copied for the purposes of your essay.)Topic 1: Climate ChangeWhat not to do: Climate change is man-made.How to fix it: Due to the har rowing statistics of climate change, communities should lead the way in diminishing the effects of global warming by investing more in recycling, public transportation and/or carpooling, and promoting the use of clean energy.Why we fixed it: The first thesis statement definitely gives an argument, but doesnt provide any context or evidence on why the author has come to this conclusion. The first statement is also very broad; the topic is too large and would easily get off track in the body of the paper. The second statement has been narrowed down significantly. It provides solutions and gives the writer a loose structure to follow in the rest of the paper.Topic 2: The Great GatsbyWhat not to do: F. Scott Fitzgerald has a negative view of the American Dream.How to fix it: Jay Gatsbys quick rise in social stature and economic status and his ultimate undoing by the old money crowd in F. Scott Fitzgeralds The Great Gatsby represents the authors skeptical and pessimistic view of the so-c alled American Dream.Why we fixed it: Though this first statement is an argument that is debatable, it doesnt really give us any context or claims as to how F. Scott Fitzgerald shows us this in his writing. In the second thesis statement, we can clearly see how the writer came to this conclusion about Fitzgeralds opinion through concrete evidence. We can also see how the writer will be able to organize the rest of the paragraphs and discuss Gatsbys social stature, economic status, and the conflict between new and old money.Topic 3: To Kill a MockingbirdWhat not to do: Harper Lees To Kill a Mockingbird tells us exactly how to fix racism.How to fix it: Tom Robinsons unfair conviction and death in Harper Lees To Kill a Mockingbird sheds light on the role of systemic racism in the American justice system.Why we fixed it: This statement reveals something interesting and sheds new light on a problem. The first thesis statement makes a very grand and overarching claim that cant possibly be supported by evidence. Again, its always best to narrow down your argument and remember that you dont need to solve all of the worlds problems in your paper.Topic 4: Obesity in American Children in the SouthWhat not to do: Children in the Southern part of the United States are more likely to be obese.How to fix it: Childhood obesity rates in the South have doubled in the last 30 years because of poor access to healthy foods, an increased dependence on technology for entertainment, and high poverty levels in the southern region of the United States.Why we fixed it: The first statement isnt really an argument, but more of a summary of what the literature says. It doesnt really explain why children from the South are more likely to be obese. The second thesis statement, however, provides us with some insight as well as gives us a structure for the rest of the paper with three concrete reasons that we can go into depth about.How to go forwardIts no secret that writing is tough. In fact , its one of the toughest things youll do in your academic career. However, lots of practice and a clear understanding of how to write a thesis, how it works best, and what things you will need to include in it will make you a better writer and also a better researcher.

How Is The Corporate Governance Affected By Globalization Finance Essay - Free Essay Example

Sample details Pages: 24 Words: 7098 Downloads: 3 Date added: 2017/06/26 Category Finance Essay Type Narrative essay Did you like this example? Corporate governance appears to be a particularly important topic nowadays, when ownership rights and control over assets in corporations are separated, and the top management of corporations might not act in the interests of stakeholders. There are numerous corporations all over the world, and their effect on the world economy is quite substantial. Corporations as one of the most complicated structures of a firm appear to be also the most powerful regarding its influence on economic development and political decision-making process. Don’t waste time! Our writers will create an original "How Is The Corporate Governance Affected By Globalization Finance Essay" essay for you Create order Considering the importance of corporations to the national economies and shareholders concern over level of protection of their investments, it is particularly relevant to be well aware of the governance systems inside corporations, their policy of shareholders treatment and their level of subordination to the state. These paper aims to explore, how entering the international market affects the corporate governance of corporations. Our research question is How is the corporate governance affected by globalization? The research that we conducted will be useful for exploration of globalization effect on the world economies, and it is as well relevant for those, who have interest in topics related to corporate governance and its dependence on exogenous conditions. To answer our research question we will rely on the following institutional economics approaches: agency theory, transaction costs theory, business ethics theory. We opted these four institutional theories, as they are the most relevant to explain the current changes in corporate governance of German companies as they enter Ukrainian market. In our research, we focus on the effect of Ukrainian market conditions on the governance system of foreign corporations that enter the national market, in our case we analyze German corporations. Both of these countries are in the continental Europe, thus Germany adopted the European type of capitalism. However, it is rather hard to determine what kind of capitalism Ukraine adopted after the break- down of the Soviet Union. We will use real examples of corporations operating in these countries to evaluate the changes in the corporate governance brought by the differences of the background, and to show the consequences the globalization in these c ases led to. The paper contains six main chapters. Chapter 2 provides reasoning for the choice of the countries that are analyzed in the paper. Chapter 3 is a review of four institutional economics theories that we use to analyze the corporate governance in Ukraine and Germany in further chapters. In chapters 4 and 5 we describe and explain main changes in corporations and corporate governance in Ukraine and Germany correspondingly. In these chapters we also focus on the particularities of corporations operating in these countries from the perspective of state of economy, level of political stability, state intervention in private sector and social factors. Chapter 6 is a study case of few German corporations (METRO AG, Henkel etc.) operating in Ukrainian economy. This chapter is an empirical proof of the differences in corporate governance, corporate legislations and their effects in two chosen countries with our comments and advises on possible changes, relying on material provided in previous chapters. 2. Germany and Ukraine. Reasoning for the choice of the countries. Germany and Ukraine are for the time period one of the most unique economies in the world. Both based on heavy industry those two countries are one of the wealthiest countries in Europe. The time during the Germanys division and the occupation of Ukraine is a black-spot in economic history, regarding both those countries. However, in late 1980s and early 1990s, after the break of Soviet Union, many countries regained their independence thus allowing them to choose their own economic path. Germany, was separated in year 1961, when the soviets built a wall, which divided Berlin into Eastern and Western parts, thus part of Germany as well, into two economic blocks; one of which was Western or capitalistic, and the other one Eastern or communistic. On the other hand, Ukraine shared rather similar destiny in historical perspective. In 1922 Ukraine became a part of USSR (The Union of Soviet Socialist Republics), thus determining their fate for socialistic regime, under control of Soviet Russia. Both, Ukraine and Eastern Germany, managed to escape the Soviet control in late 1980s (1989 for Germany and 1990- Ukraine), thus allowing them to be independent and choose their own paths and make their own decisions. The term corporate governance is used in two distinct ways. In Anglo-Saxon countries like the US and UK good corporate governance involves firms pursuing the interests of shareholders. In other countries like Japan, Germany and France it involves pursuing the interests of all stakeholders including employees and customers as well as shareholders (Allen, F., Gale, D. (2002). A comparative theory of corporate governance. Social Science Research Network, Http://papers.Ssrn.com/sol3/papers.Cfm). The economic paths that Ukraine and Eastern Germany chose were rather different. The main differences were the corporate governance control. The united Germany adopted the continental European corporate governance model, whereas for Ukraine, a rather young and inexperienced country, they chose to adopt Anglo- Saxon corporate governance. The main differences about those two corporate governance systems were noticed by WladimirAndreff :In Continental Europe corporate governance, there is no domestic external market for executive talent and, thus, when a German (or any other continental European) CEO is appointed there is no negotiation (about salary, stock options, performance bonus, retirement provision and the like). The second difference is in wage negotiations between the enterprise union and managers. Anglo- Saxon firms behave in both cases as properly capitalist; continental Europe firms, by contrast, are more seen like communities. The latter employee- favoring firm opposes the former shareholder-favoring firm(Andreff, W. (2002), Journal of international business studies, Vol. 33, No 1, pp.195- 197, accessed on 23/10/2010). The industries both countries chose were similar. Germany and Ukraine are both famous for their heavy industries, such as machinery industry, and the IT business. However, the main exporting areas of the countries differ greatly. Ukraine still bases most of its economy on Russia. Not only it exports most of its goods there, but also imports the most of countrys energy (gas, oil, electricity) from Russia. Whereas, Germany, is internationally well known for its car industry and home technic. Therefore, the German corporate governance is in relationships with many other different countries, which have different institutional systems, thus making German governance system to adopt in its own way. On the other hand, Ukraine, basing its main relationship with Russia, had to adopt other meanings of doing transactions. Corruption and government incompetence made the cooperation between western countries and Ukraine rather difficult. According to MSI (Management Systems International):Ukraine can be categorized as a closed insider economy ÃÆ' ¢Ãƒ ¢Ã¢â€š ¬Ã‚ Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬ a country strongly influenced by elite cartels (MSI, (February 10, 2006), Corruption Assessment: Ukraine). In conclusion, both countries have their own similarities and differences. Ukraine and Germany share rather similar historic background until the 80-90s of XX century, however, after both countries escaped the influence of USSR, affected by globalization, they took different paths following different choices, as an example governance structure. Neither of their choices were wrong. Out of these reasons this paper will be analyzing the corporate governance particularly in these countries. Institutional economics theories used in the analysis of the corporate governance (Agency, Transaction, Business Ethics). There are many different approaches, which are possible analyzing countries. The theories this paper will be focusing on are: Transaction cost, Agency and business ethics. Those theories were chosen due to several reasons. Firstly, transaction cost theory would be particularly interesting to apply to German corporate governance, as German corporations have transactions with different firms in different countries, as for Ukraine corporations, it mainly deals with Russia and other post Soviet countries, such as: Belorussia, Lithuania, Latvia, Kazakhstan. Secondly, agency theory would show how different agents and principles manage the transactions. In Germanys perspective, they have many branches of their companies around the world, thus making it rather hard to rule. More over, the difference in chosen corporate governance in Ukraine and Germany makes it interesting to analyze how are firms agents treated and rewarded in both these countries Lastly, the business ethics part will mostly concern Ukraine, as the level of corruption in the country is rather high, thus making it rather difficult for international corporations to take part in Ukraines economic development. As for Germany, it will interesting to see how do the branches of corporations situated in different countries, where corruption level is higher/high, avoid the corrupt structures. 3.1. Transaction cost theory The transaction cost is a cost incurred in making an economic exchange/ or participating in a market (Wikipedia.org, accessed on 23/10/2010). There are many different ways to calculate transaction costs. Also, the transaction cost mostly wants firms to cooperate, as lower the transaction costs lead to higher profit, thus making long-term contracts applicable and wanted. As Hanna Kuittinen argues, The inter- ¬Ãƒâ€šÃ‚ rm cooperation is more ef ¬Ãƒâ€šÃ‚ cient than the use of open markets or hierarchies when it minimizes the difference between the  ¬Ãƒâ€šÃ‚ rms transaction and management costs (i.e. the governance costs) at the same time as the value of its dynamic governance bene ¬Ãƒâ€šÃ‚ ts is maximized(Kuittinen, H., Jantunen, A., Kylahenko, K., Sandstrom, J. (13 September 2008) Cooperation governance mode: an extended transaction cost approach , pp. 307). However, making contracts with other party, needs trust, therefore, the reputation and uncertainty part starts to play an important role in reducing the transaction costs. Especially when long term relationships are being on stake, the reputation determines, whether the contract will be made or not. Moreover, even if the contract is made, uncertainty still might determine the relationships between the firm, as Hanna Kuittinen reasons: Uncertainty about future outcomes makes it dif ¬Ãƒâ€šÃ‚ cult to specify contracts ex ante, and behavioural uncertainty complicates the coordination during the transaction and evaluation of the performance ex post (Kuittinen, H., Jantunen, A., Kylahenko, K., Sandstrom, J. (13 September 2008) Cooperation governance mode: an extended transaction cost approach , pp. 310) 3.2. Agency theory Agency theory treats the difficulties that arise under conditions of incomplete and asymmetric information (Wikipedia.org, accessed on 23/10/2010). The most important part is the asymmetric and incomplete information in these days economy. Principle hiring a new agent for its company is never certain about the validity of his documents or experience. So how should principles determine the agency costs? If they would over evaluate the agent it might come out that the new employee does not sufficiently do his job as expected, however if the agent is under paid, he might start shirking and not try do his best. As Claudia Keser and Mark Willinger argue low incentives can affect participants in a contradictory way because of a possible con ¬Ãƒ ¢Ã¢â€š ¬Ã… ¡ict between intrinsic motivation and  ¬Ãƒâ€šÃ‚ nancial reward. Furthermore, it can be concluded from a vast survey of experiments that in some cases incentives improve performance, and in other cases they have no effect, o r even worse, hurt performance. (Keser, C., Willinger, M., (2 October 2006), Theories of behavior in principal-agent relationships with hidden action, pp. 1527). 3.3. Business Ethics Business ethics I can either be institutional or personal in scope. Institutional business ethics deals with broad, somewhat impersonal and abstract issues of the ethics of corporations as institutions. An example of this is corporate social responsibility(Pattan, E., J. (1984), The Business of Ethics and the Ethics of Business, pp. 1). As stated by John E. Pattan, personal or institutional, in this paper we will try to concentrate on the institutional point of view. We make ethical judgments every time we feel that our interests or opinions are promoted or attacked, our rights respected or violated, or ourselves catered to or threatened (Pattan, E., J. (1984), The Business of Ethics and the Ethics of Business, pp. 3) The main purpose of business if not a secret, every businessman wants to maximize his profits. But what moral costs does it involve? In some cases it might involve corruption, stealing sometimes even taking lives of others. Therefore, it will be studied, how do institut ions deal with each other and how are ethics implied to their decisions. Corporate governance Ukraine Introduction to the corporate governance in Ukraine. In the given paper we regarded the period of the economic development of Ukraine, starting from 1990 year. That time was remarkable for the fall of the Berlin Wall and the collapse of the central planning and command structures that had been in forces for 70 years. The country started implementation of reform programs aimed at market economy and globalization (Holmstrom, Smith, 2000). The leading enterprises and companies in Ukraine realized the importance of effective corporate governance. The reason is that it is the key factor determining the microeconomic efficiency of the enterprise sector and the quality of investment climate of the country. According to A. Kostyuk the German model is getting spread in the Ukraine from year to year (Board Practices; An International Review2003). The main evidences are small quantity of independent directors on the board, rare meetings of the board, not big number of committees on the board, the management board affects the supervisory board. There are nearly 35 thousand joint stock companies in Ukraine that is comparatively more than in many developed countries. Every year the state commission on securities and stock exchanges states about over 12 thousand of cases of breaking the principles of corporate governance in the country. In this case, it is significantly to regard the role of ownership structure in corporate governance. It is important to know why owners purchase shares and what corporate mechanisms they use. (A Kostyuk 2002). The cause of closing of board practices in Ukraine is the rise in concentration of ownership, which results in rise in corporate control, violation of minority shareholders rights, rise in number of disputes, conflicts of interests and decrease in transparency of the Ukrainian joint stock companies.      Ãƒâ€šÃ‚   Database provides annual financial statements in total for 14356 companies, in particular 2215  corporations in 1998, 8325 corporations in 2000 (out of 11850 registered), 7735 corporations in 2001  (out of 12039 registered) and 10213 corporations in 2002 (out of 12010 registered). For the empirical testing we use the dataset of 10313 observations on manufacturing open joint-  stock companies in total, in particular 4337 firms in 2000, 3385 in 2001 and 2591 in 2002. Thus the  sample covers around 37%, 28% and 21% of all open joint-stock companies in Ukraine in 2000, 2001  and 2002 respectively. The data is collected from publicly available information, in particular, from  annual financial statements of Ukrainian joint-stock companies (Source: PFTS First Trading Stock  System, Istock database:  www.istock.com.ua), (Corporate governance in Ukraine Vitaliy Zeka ). Nowadays corporations in Ukraine are divided into joint stock companies founded pursuant to Law of Ukraine On business association: Open Joint Stock company Close Joint Stock Company Ukrainian Joint Stock Company Ukrainian Private Joint Stock Company   The biggest companies in Ukraine are: Company Profit Sector Naftogaz Ukraine Ukraine 6.126.451(Energy/Commodities), Mariupolskij Metkombinat Ukraine 2.382.034(Industry), Azowstal Ukraine 2.059.265(Industry) , Linos Ukraine 1.923.149(Energy / Commodities), Mittal Steel Kriwoj Rog Ukraine 1.836.833 (Industry), Industrialnyj Sojuz Donbasa Ukraine 1.750.239(Industry), Ukrtatnafta Ukraine 1.460.350(Energy/ Commodities), Zaporozstal Ukraine 1.325.41(Industry). Directors can be nominated by the supervisory and the management boards independently. At least 25 % of Companies with where controlling block of shares (50 percent +1 share) belongs to one owner, have boards with 5-6 members. They represent interests of the controlling shareholder. (A Kostyuk 2002) In accordance with Article 118 of the Commercial Code of Ukraine, basic shareholder rights are established by law. The width of shareholders rights in Ukrainian firms may vary and depends on whether the joint stock company has free circulation of shares (an open type) or its shares are distributed among the founders and cannot be traded on stock exchange( a close type) . Companies controlled by the foreign institutional investors or Ukrainian investment companies have 7 or 9 members on the board (see the Commercial code of Ukraine). Supervisory board members at Ukrainian joint stock companies meet every quarter. Boards at the companies, where the ownership is strongly concentrated, hold meetings less frequently than at those companies, where the corporate ownership is spread. This is because of controllers have a chance to have both the supervisory and the management boards under their control. The procedure of nominating new directors in Ukraine is plain and chaotic. Shareholder may nominate committees by themselves. In order to do this, they must possess enough stake in enterprise. Each shareholder who possesses shares of the enterprise above 2 % of shareholders equity can offer his own candidate on the supervisory board. As we see from the chart, 44% of elected directors were nominated by shareholders. 31 % of elected directors were nominated by the management board. Only 25% of directors were nominated by the supervisory board. (A. Kostyuk 2002). In other words, shareholders wish to be controllers through electing directors and executive who would represent their interests.   Groups of the director nominators and their efficiency in nomination Supervisory boards at Ukrainian joint stock companies are not independent. Some of them possess  large  share of equity of the companies. The researches show that only about 8 % of board directors are independent.  There is evidence that 42 % of Ukrainian joint stock companies have no independent directors on supervisory board. About 31 %of researched companies in Ukraine have not more than 1 independent director .Companies have policy committee, which are under control of foreign institutional investors.  Directors can be nominated by the supervisory and the management boards indecently. The companies with dispersed ownership structure have a practice of nominating directors by governing corporate bodies. All candidates must be shareholders .    Definition of Corporate Governance. The term corporate governance can be interpreted as the system of legal and economic institutions that create formal and informal regulatory system, which determines behavior of enterprise. (Piotr Kozarevswski 2009). Mechanism of concentration of corporate ownership structure in Ukrain during 1998-2001 is illustrated by next figure. (Kostyuk, 2007) The researches of  Saul Estrin, Adam Rosevear, Alex  Krakovsky, Alex Pivovarsky  helped us   greatly   to understanding the  issue of corporate governance mechanisms in Ukraine. All these experts  considered that many corporate governance mechanisms, such as the board  of directors, financial reporting etc, hardly work in Ukraine.  According to Alexander N. Kostyuk (Corporate Governance in a  transition economy 2007) One of the well-known reasons is the absence  of an Act of Joint Stock Companies. The draft of this Act had been  presented in 2001. However, the Act has not been approved by the  Ukrainian parliament, where a strong political lobby protects the  rights of large owners, named oligarchs. Therefore, joint stock companies in Ukraine  have to work with reference to The Act of Enterprises, which does not  explain the nature of many corporate governance mechanisms, s uch as board  committees,  executive directors,  executive  monitoring, etc. As the result, corporate governance in Ukraine allows violation of minority shareholders rights, weak transparency and inadequate  corporate social responsibility. Under such circumstances, one of the  ways out is through developing a set of internal statements to make  all these corporate governance mechanisms work. Evidences of corporate governance in Ukraine. There is evidence on corporate governance, which we observed while studied the statistical data on corporate governance in the country. Our survey reveals that performance at the enterprise level has also not been improving, average output, employment, and productivity in Ukrainian firms have fallen every year since 1990 and profitability has been uniformly low, if not negative. Moreover restructuring has been very modest, although rather more differentiated across enterprises. For example there has been little increased trade with the West on average only 2%of enterprise sales in 1996 went to OECD countries, up from 0.5 % in 1999. Investment has also been low, so capital stock is largely obsolete. (Saul Estrin Adam Rosevesr, 1999) This is another example we may apply for. In the average firm in Ukraine , the number of managers holding shares is around 15 , while the number of employees is 599 and former employees is 302. Holdings by Ukrainian citizens and companies are also highly dispersed at 1065 and 616 shareholders on average respectively. However, the typical number of shareholders, which are banks, foreign individuals and foreign firms, is one and investment fund is two. The basic conditions for fundamental structure change in company corporate governance in Ukraine are still weak and need for radical policy changes and capital market development to make company corporative governance more effective (Saul Estrin Adam Rosevesr, 1999). After we studied the supervisory board practices in Ukraine, we may conclude the following: they are small in size, lack of legal employee participation in the corporate governance, rare meeting of board, small number of committees on board, management board influences, supervisory board, small number of independent directors. Analysis of corporate governance in Ukraine from the approach of agency theory. The Principal- Agent relations exist when one person called the agent acts on behalf of another, called principal. The welfare of the principal is affected by the choice of the agent.  In companies it is the shareholder who acts as the principal and company directors act as the agent.    This interaction works well when the agent is a professional at making the necessary decisions, but contrary doesnt work well when the interests of the principal and agent differ.   There is possibility of opportunistic behavior on the part of the agent that works against the welfare of the principal (Baza Oba, 2004 ). Most of agents actions in the companies are unknown to the principal or expensive to obtain.  Ãƒâ€šÃ‚  As applied to corporate governance in companies in Ukraine the second practice is common. The absence of accounting and audit norms in Ukraine as we mentioned above, leads  to corruption and bureaucracy. All these prevent the Ukrainian companies from bringing simultaneous capital, access to Western , technology, markets and managerial expertise ( Estrin Rosevear, 2003 ). Analysis of corporate governance in Ukraine from the approach of transaction costs theory. In order to be able to transact at all and to transact safely, actors have to incur costs to find out how and where transaction opportunities occur, and about the possibilities the possible risks and uncertainties involved. These expenses are called transaction costs. Market transactions consist of several aspects: 1. Search and information costs (who offers the product? Is the seller the owner? What are the conditions?) 2. Costs to draft, to negotiate and to conclude the contract. 3. Monitoring costs and enforcement costs. These are the costs that are incurred to make sure that the other party commits to an agreement, whether this is of a private nature or a public nature (John Groenewegen, 2010). According to Vladimir Andreff ( 2006), along with contract corporations (enterprises, established on the basis of the contract) there are a large number of corporations formed to address public authorities public corporations typically, in business practices of Ukraine. These corporations are successors of the reorganized ministries, state committees, departments and state enterprises to unite industry, or other principles. (Inna Pidluska, 1998) Analysis of corporate governance in Ukraine from the approach of business ethics theory. Its of common knowledge  that no universal model of  corporate governance exists. However,  there are generally accepted standards of good corporate governance. They may be applied in the frames of legal, economic and political aspects. International  principles of corporate governance appeared as a result of increased public interest in corporate governance, which was generated by the globalization of financial markets and the capitalization of capital flows.   Ukraine is notoriously famous for engaging  in  corruption openly and freely. Ukraines President Leonid Kuchma has identified the main obstacle to business development as bureaucratic abuse of power, bribery and extortion. He also admitted that the government has failed to create conditions for conducting business honestly. (Inna Pidluska, 1998) After the Orange Revolution the government of Ukraine has seen it  fit to sell business off to rich elite. It leads to the rise of the business oligarchs who have taken over the exercising state power into their own hands. So called  shadow economy was flourishing (Egger and Winner (2005). In modern Ukraine giving a bribe is a regular everyday routine. To give a bribe to an inspector who checks the required norms in the company, or win a tender using special privileges, became a norm in Ukraine. Average Ukrainian manager spends two days per week on inspection issues.  (Inna Pidluska, 1998) The facts of double accounting and money laundering is a widely spread practice in a shadow economy of the country. The size of Ukraines informal sector, or shadow economy, reflects the high degree of corruption. It is currently estimated that seven out of ten enterprises work in the shadow economy. These companies have no protection from corruption and are open targets for bribery and other forms of graft. (Inna Pidluska, 1998) Nowadays, Ukraine  is making a concerted effort to improve corporate governance at the national level. This goal can be achieved through the implementation of national Code of corporate governance. Problems of corporate governance in Ukraine must be addressed through introduction of standards of ethics and a code of practice for corporate governance. Business ethics is mainly aimed at promoting good reputation of the company at the market. The  most important principles are  responsibility and  freedom. Employees and partners are individuals. They should be  honest, reliable and trustworthy. All the employees of the company with good will aim at high results, which improve quality of business itself and stuffs life  (World Bank Group, 2009). Nowadays corruption and bureaucracy widespread among the business community and judiciary itself is subject to political interference and corruption (Adam Mycyk Elizabeth Cook, 2007 ). Conclusion to the chapter. An absence of progress in corporate governance in Ukraine can be explained by insufficiently deep character and consistency of institutional reforms realization.  The functioning of the new global economy is based on an effective management mechanism, implementation of the international accounting and audit standards and professional culture formation in corporate governance. In general, the corporate governance practices, which were adopted by Ukrainian companies, fail to reflect the high levels set by  more developed European market economies and the United States. 5. Corporate governance in Germany 5.1 Introduction to the corporate governance system in Germany. History of corporate governance in Germany: In the 19th century, Germanys typical form of business organisation was the Kommanditgesellschaft (limited commercial partnership). A Kommanditgesellschaft always had at least one member with unlimited liability whereas the other investors liability was limited to their contribution. In 1861, the General Commercial Code was enacted which devoted a section to joint stock companies and allowed incorporations with limited liability. Companies could choose between a single board of directors and a two tiered board system, involving shareholders appointing a supervisory board, which in turn elected the management board. This changed in 1884 when a reform was introduced which mandated that companies have a two-tier board that allowed free registration without a system of state concession. Thus a supervisory board was needed to take over the states monitoring role. For members of the supervisory board it was not possible to be a member of the management board but it was possible for a share holder to directly elect member for the management board. In the early 20th century, formal acts of corporate law led to the abandonment of mercantilism and the rise of classical liberalism. Corporations increasingly became public and private entities free from government control. Under the Nazi government of Adolf Hitler then, companies became less democratic in a reform of 1937. From then on, shareholders could not elect managers directly, and managers could only be removed for an important reason, directors were elected for terms of five years and were under the duty to serve the Gemeinwohl or general good which was manifested by the state officials to be of higher priority than maximizing the companys revenues. After the war, new laws and changes all over the world led to more participation for workers within the corporations. Corporate Governance from 1980-2010 in general In the 1980s, many countries privatized large state-owned corporations. Deregulation reducing the regulation of corporate activity has often been accompanied by privatization and is part of the laissez-faire policy. Another major post-war shift caused the development of conglomerates, meaning that large corporations purchased smaller corporations to expand their industrial base. Especially more concentrated and owner-controlled firms had high returns during the 1970s and early 1980s but this turned in the late 1980s and1990s. Increasing international competition could be the cause. In the mid-1990s, Germany adopted a series of legal and regulatory reforms related to corporate governance. In 2002, the German Corporate Governance Code was created. The aim of the German Corporate Governance Code is to make Germanys corporate governance rules transparent for both national and international investors, thus strengthening confidence in the management of German corporations. The Code addresses all major criticisms especially from the international community levelled against German corporate governance, namely * inadequate focus on shareholder interests; * the two-tier system of executive board and supervisory board; * inadequate transparency of German corporate governance; * inadequate independence of German supervisory boards; * limited independence of financial statement auditors. Each of these five points is addressed in the provisions and stipulations of the Code, also taking into consideration the legal framework. Of course the Code cannot cover every detail of every single issue; instead it provides a framework which the individual companies will have to fill in. 5.2 Analysis of corporate governance in Germany from the approach of agency theory Corporate governance is about the way suppliers who finance corporations get a return from the managers on their investment. How can be ensured that managers do a good job and do not free-ride? How do suppliers of finance control the managers? These are principal-agent problems which have the essence that ownership and control or separation of management and finance are separated. Suppliers of finance give money to firms; the managers run the firm by using this supply of money and return some of the profit to the investors. Although this mechanism works out most of the time, the corporate governance problem is not yet solved. In Germany, a top manager even with poor performance is usually only removed after extreme circumstances as the boards are quite passive. There are large differences in legal protection of investors around the world. In Germany, at least some suppliers of finance have their rights protected and have them enforced by law through the courts, in contrast to many other countries. But still in Germany, managers are in most of the cases not liable. In Germany, over a quarter of all votes in major companies are controlled by large commercial banks. The banks also have smaller but still significant influence as direct shareholders or creditors. As studies estimate, do about 80% of the large German companies have a non-bank shareholder who owns a share of over 25%. Family control through majority ownership or pyramids is the norm in smaller German companies. A pyramid means that the owner controls 51% of the company which controls 51% of its subsidiaries. The function of pyramids is to enable the ultimate owners to control the assets with the least amount of capital. In Germany, large shareholders are associated with a higher turnover of directors. The effectiveness of large creditors and large shareholders depends on the legal rights they have. In Germany, banks have much power because they vote significant blocks of shares, sit on boards of directors, play a dominant role in lending and work in a legal environment favorable to creditors. In Germany, banking governance is very effective. German banks are relative to their lending power and control over equity votes not as active in corporate governance as one could expect. Large investors such as banks often fail to terminate unprofitable projects they have invested in when continuation is preferred to liquidation. A large investor often maximizes private benefits of control rather than wealth because he is rich enough. He will not internalize the costs of these control benefits to the other investors, large investors fail to force managers to maximize profits and pay them out. Germany has a successful corporate governance system relying on a combination of concentrated ownership and legal protection of investors. Compared to the United States, German creditors have stronger rights but shareholder rights are weaker. Germany has a system of governance by both permanent large shareholders, for whom the existing legal rules suffice to exercise their power, and by banks, but it does not have participation of small investors in the market. As Germany has a system of permanent large investors, hostile takeovers are rare. The advantage is that firms with long-term investors go through crises with less economic distress and better access to financing. Takeovers limit the planning for future for the managers and reduce the efficiency of investment. Permanent large shareholders and banks that dominate corporate governance in Germany are able to influence corporate management through informed investors who are better able to help firms. A large investor-oriented governance system discourages small investors from participating in financial markets. Germany has a successful corporate governance system that combines significant legal protection of at least investors with an important role for large investors. This combination is very different from the governance systems in most other countries which provide limited legal protection of investors and are stuck with family- and insider-dominated firms receiving little external financing. 5.3 Analysis of corporate governance in Germany from the approach of transaction costs theory The degree to which a firm can switch or differentiate its governance mechanisms depends on the legal jurisdiction in which it operates. German law accords greater bargaining power to labour unions than other countries do. This tends to create a stronger degree of governance inseparability. Governance inseparability means that a firms choice of governance mode for a transaction is constrained by the governance choices it made for prior transactions. Governance inseparability can also be created by contractual commitments. Most German firms are efficiently engaged in long-term exchange relationships which require long-term contractual commitments. These contractual commitments cause governance inseparability because they are costly and sometimes even impossible to reverse. The flexibility of a firm is restricted for the future through contractual commitments. Changes in bargaining power of other parties -e.g. employees, suppliers or customers to a firms contractual commitments can also lead to governance inseparability. Changes in bargaining power can for example emerge from changes in law and regulations. Parties that gained bargaining power unforeseen, try to use this circumstance to improve their own positions but forcing the firm to adopt locally suboptimal governance mechanisms in the future. The German government does not change its regulations constantly giving security to firms and private actors, but there are still other factors that could affect bargaining power and thus make changes in bargaining power to a constant risk in Germany. As German firms engage in long-term transactions, no firm can entirely avoid making contractual commitments and are thus always aware of the risk of governance inseparability. Governance inseparability constrains most firms over time because of their existing arrangements which limit their scope and flexibility. 5.4 Analysis of corporate governance in Germany from the approach of business ethics theory. Germans in general are pessimistic about the introduction of an ethical code. Businessmen in Germany think that ethical codes are not effective. In their view, ethical codes do not provide aid for executives in refusing unethical requests and do not give a clear definition of acceptable limits of conduct. But over the years, there is a growing acceptance of business ethics among German executives. Managers like former Nestl chairman Helmut Maucher, who are fed up with such moral poppycock have given way to an increasing number of corporate members of the German branch of the European Business Ethics Network, including well-known German companies, such as Daimler Benz, Bayerische Hypo Bank, Siemens, together with German subsidiaries of transnationals like Procter Gamble and IBM. 5.5 Conclusion to the chapter. The German corporate governance system is one of the best in the world. Of course it has some disadvantages and it still can be improved but it already works more efficient than most other corporate governance system and is one of the most advanced ones. Case study. Corporate governance in Ukraine and Germany differs in many ways. Ukrainian corporate governance system is younger and less developed, it has many weaknesses yet, comparing to the OECD standards of corporate governance and German Code of Corporate Governance (GCCG). This gap between the corporate governance systems in the two countries becomes especially obvious when globalization enters the picture. Due to the internationalization of the markets, foreign (German in our case) corporations with their own systems of corporate governance involve in the economy (Ukrainian in our case) with completely new to them conditions. Such changes have a double effect on both foreign corporations and domestic market. To show this, we will focus on how different are German corporations headquarters from their branches in Ukraine. 1). Metro AG was formed in Germany in 1996 through a merger of retail companies Asko Deutsche Kaufhaus AG, Kaufhof Holding AG and Deutsche SB-Kauf AG. The same year the company entered the list of 20 largest publicly listed companies in Germany and since then it started expanding to foreign markets as well. (Official website of METRO Group, https://www.metrogroup.de) METRO AG has established its branch in Ukraine in 2002. One of the main changes the company implemented was decentralization of its structure in order to improve performance of each separated sales division, this way METRO Cash Carry was formed in Ukraine. Further on METRO Cash Carry launched a new strategic performance improvement program MCC 2012 Committed to Excellence in Ukraine. The program is built upon two cornerstones: the re-positioning of METRO Cash Carrys business focus and the optimization of the companys structure with the introduction of a regional organization. METRO CashCarry Ukraine established an In ter-corporation university to provide practical managerial education to potential employees. (Official website of METRO CashCarry Ukraine, https://www.metro.ua) The company had to adjust to a number of particularities with regard to Ukrainian economy, political state and geographical specialties; weather conditions, different consumer preferences and available labour market supply were taken into consideration, and few alterations in the companys strategy, structure and logistics were made. A substantial problem was the process of negotiation in the beginning of business in Ukraine, the reason for that was lack of unity between the state national level authorities and city level authorities and inconsistency of their activity. Another substantial problem was caused by the difference in business ethics, written contracts are of the highest value in Ukraine, whereas METRO relies on the agreements with suppliers that regularly has contract proof, and therefore a number of trials on that account took place in Ukraine. As a matter of fact, METRO CashCarry was performing successfully in Ukrainian market, since they cooperate with mostly domestic suppliers, with national authorities and launch special projects for Ukrainian market, they employ national specialists as company managers, the company also focuses on the exchange of experience between the international branches and attempts to adjust the most to the country they operate in. 2). Henkel corporation has its headquarters in Dusseldorf, Germany. Henkel has business lines: Laundry Home Care, Cosmetics/Toiletries and Adhesive Technologies. The company management is committed to such principles: value creation as the foundation of our managerial approach; sustainability as a criterion for responsible management; transparency underpinned by an active and open information policy. Henkel corporation was established in Ukraine in 1998. The company is centrally managed, a range of products is not presented in Ukraine due to a lower level of demand for these products in Ukraine. The company succeed in Ukrainian market by employing Ukrainian specialists as top managers, although they would dedicate German specialists marketing and financial reporting functions, as the corporation required accounting to be done by its standards. Strong system of detailed planning for 5-years periods and experience of Ukrainian specialists in the domestic economy helped the company to get itself a strong position on the market. (Official website of Henkel corporation, https://www.henkel.ua/SID-AE091F88-63C2EB69/about-henkel-85.htm). Conclusion. The most essential factors in formation of a national model of corporate governance in Ukraine are: The structure of ownership of shares in corporations; Specificity of financial system as a mechanism of transformation of savings into investments; Ratio of sources of corporate investments; Macroeconomic and economic policy in Ukraine; Political system; History of development and modern features of legal system and culture; Traditional Ukrainian ideology; Business relations practice; Traditions and level of government intervention in economy and its role in regulating of legal system. References Allen, F., Gale, D. (2002). A comparative theory of corporate governance. Social Science Research Network, Http://papers.Ssrn.com/sol3/papers.Cfm, Arthur, E. E. (1987). The ethics of corporate governance. Journal of Business Ethics, 6(1), 59-70. Betzer, A., Theissen, E. (2009). Insider trading and corporate governance: The case of germany. European Financial Management, 15(2), 402-429. Drobetz, W., Schillhofer, A., Zimmermann, H. (2004). Corporate governance and expected stock returns: Evidence from germany. European Financial Management, 10(2), 267-293. Estrin, S., Rosevear, A. (2003). Ownership changes and corporate governance in ukraine 1995-1999. Problems and Perspectives of Management, 1, 29-38. Goergen, M., Manjon, M. C., Renneboog, L. (2008). Recent developments in german corporate governance. International Review of Law and Economics, 28(3), 175-193. Gugler, K., Mueller, D. C., Yurtoglu, B. B. (2004). Corporate governance and globalization. Oxford Review of Economic Policy, 20(1), 129. Hart, O. (1995). Corporate governance: Some theory and implications. The Economic Journal, 105(430), 678-689. Haxhi, I., Van Ees, H. (2009). Explaining diversity in the worldwide diffusion of codes of good governance. Journal of International Business Studies, 41(4), 710-726. Jackson, G., Moerke, A. (2005). Continuity and change in corporate governance: Comparing germany and japan. Corporate Governance: An International Review, 13(3), 351-361. Kerr, R., Robinson, S. (2009). The hysteresis effect as creative adaptation of the habitus: Dissent and transition to the Corporatein post-soviet ukraine. Organization, 16(6), 829. Lehmann, E., Weigand, J. (2000). Does the governed corporation perform better? governance structures and corporate performance in germany. European Finance Review, 4(2), 157. Muravyev, A., Talavera, O., Bilyk, O., Grechaniuk, B. (2010). Is corporate governance effective in ukraine? Eastern European Economics, 48(2), 5-24. Rogach, A., Balyuk, T. (2009). Transfer pricing in transition economies: Evidence from ukraine. Transition Studies Review, 16(1), 20-33. Schubert, S., Miller, T. C. (2008). At siemens, bribery was just a line item. New York Times, Sunday Business, , 1. Sidhu, K. (2009). Anti-corruption compliance standards in the aftermath of the siemens scandal. German Law Journal, 10(8), 1343-1354. Wjcik, D. Change in the german model of corporate governance: Evidence from blockholdings 1997-2001. Official website of Henkel corporation, https://www.henkel.ua/SID-AE091F88-63C2EB69/about-henkel-85.htm Official website of METRO CashCarry Ukraine, https://www.metro.ua Official website of METRO Group, https://www.metrogroup.de

10 dudas resueltas sobre el ajuste de estatus

El ajuste de estatus es un trà ¡mite que permite a los migrantes presentes en Estados Unidos solicitar y obtener la tarjeta de residencia permanente, tambià ©n conocida como green card, sin necesidad de salir del paà ­s. Para completar este trà ¡mite del ajuste de estatus ,el migrante deberà ¡ presentar un formulario principal, planillas de apoyo, documentacià ³n de evidencia y, dependiendo del tipo de caso, pago de un arancel. Ademà ¡s, puede ser necesaria una entrevista con un oficial migratorio, presentarse para la toma de datos biomà ©tricos y el envà ­o de documentacià ³n adicional a peticià ³n del Servicio de Inmigracià ³n y Ciudadanà ­a (USCIS, por sus siglas en inglà ©s). Por otro lado, en los casos de procesos de deportacià ³n, el ajuste de estatus puede ser, en algunos casos, una de las opciones para que un migrante evite su remocià ³n de EE.UU. El ajuste de estatus se diferencia del proceso consular como procedimiento para la obtencià ³n de la green card en que en este à ºltimo el migrante debe estar fuera de los Estados Unidos y presentarse a una entrevista en una oficina consular estadounidense. Por su importancia migratoria, a continuacià ³n se aclaran las principales dudas sobre el ajuste de estatus. Ajuste de estatus El ajuste de estatus es un proceso que permite a los migrantes obtener la tarjeta de residencia permanente sin salir de EE.UU. No todos los migrantes pueden ajustar su estatus.En la actualidad es un proceso largo –o muy largo– y caro. Una de sus grandes ventajas es que evita las separaciones familiares y que el migrante en proceso de ajuste de estatus puede obtener un permiso de trabajo.  ¿Cuà ¡les son las ventajas del ajuste de estatus? El ajuste de estatus brinda dos grandes ventajas para los migrantes. En primer lugar, permite que el proceso de adquirir la tarjeta de residencia permanente se desarrolle en su totalidad en Estados Unidos. Como consecuencia, el migrante se ahorra los gastos que generarà ­a la obligacià ³n de salir del paà ­s para completar el proceso y podrà ­a obtener un permiso de trabajo mientras se tramita el ajuste. En segundo lugar, los migrantes indocumentados que cumplen los requisitos para ajustar su estatus evitan tener que salir del paà ­s para arreglar los papeles a travà ©s del proceso consular y asà ­ no activan el castigo de los tres y de los 10 aà ±os.  ¿Cuà ¡les son los requisitos para el ajuste de estatus? Hay dos grandes requisitos. En primer lugar, calificar para sacar la tarjeta de residencia permanente por uno de los varios motivos establecidos por la ley. Son ejemplos comunes, pero no los à ºnicos, los siguientes: por peticià ³n de familiar por residente o ciudadano.por asilo o refugiadospor visa U (và ­ctima violencia) o T (trà ¡fico humano)por visa K-1 de prometido de ciudadanopor patrocinio de una empresaemigrantes especialescubanos, en aplicacià ³n de Ley de Ajuste Cubano, etc. En segundo lugar, es necesario, ademà ¡s, calificar para beneficiarse del proceso de ajuste de estatus. Y es que no todos los migrantes que califican para la green card pueden beneficiarse del trà ¡mite del ajuste de estatus. Por ejemplo, no pueden ajustar su estatus, entre otros, los siguientes migrantes: cà ³nyuges y padres de ciudadanos que ingresaron ilegalmente a Estados Unidosfamiliares de residentes en situacià ³n de indocumentadoscà ³nyuge de ciudadano que ingresà ³ con visa K-1 y se casà ³ con persona distinta a su patrocinadortitulares de visa J-1 o J-2 de intercambio que està ¡n sujetos a la obligacià ³n de residir fuera de EE.UU. por dos aà ±os.Otros casos. Cabe destacar que la ley permite excepciones a la regla general en ciertos casos, por ejemplo, para los migrantes que piden para sà ­ el beneficio de VAWA por violencia domà ©stica. Formulario para solicitar el ajuste de estatus El formulario del USCIS para el ajuste de estatus es el I-485. En los casos excepcionales en los que el migrante puede sacar la green card en aplicacià ³n de la Seccià ³n 245(i) de la Ley de Naturalizacià ³n y Ciudadanà ­a (INA, por sus siglas en inglà ©s), tambià ©n deberà ¡ completar el formulario I-485 Supplement A. Ademà ¡s, se deberà ¡n presentar otros formularios, como la Declaracià ³n de sostenimiento econà ³mico (affidavit of support, en inglà ©s), pero su naturaleza depende de la razà ³n por la que el migrante califica para sacar la green card. Cabe destacar que la mayorà ­a de los migrantes deberà ¡n presentar una copia del I-94, registro de ingreso y de salida, para acreditar que entraron legalmente a los Estados Unidos. Asimismo, deberà ¡ realizarse un examen mà ©dico. Conviene presentar tambià ©n al mismo tiempo la solicitud de permiso de trabajo y la solicitud de permiso para viajar, conocido en inglà ©s como advance parole. Si se presentan conjuntamente con la peticià ³n de ajuste de estatus no es necesario pagar una cuota a mayores por estos dos permisos. En otras palabras, la cuota està ¡ incluida en la de ajuste de estatus. Todos los documentos adjuntos que se presenten deben traducirse al idioma inglà ©s y certificarlo, si es que està ¡n redactados en otra lengua.  ¿Cuà ¡ndo se presenta formulario I-485 ajuste de estatus? El momento en que se puede enviar el formulario para el ajuste de estatus depende de la razà ³n por la que el migrante saca la green card. En la mayorà ­a de los casos necesitarà ¡ que exista una visa disponible para su categorà ­a. Por ejemplo, el cà ³nyuge de un residente permanente es categorà ­a F2A. No puede enviar los documentos para solicitar el ajuste mientras el boletà ­n de visas que publica todos los meses el Departamento de Estado no diga que ya hay visa disponible segà ºn la fecha de prioridad de la aplicacià ³n del migrante. Sin embargo, hay casos excepcionales en los que se puede presentar la solicitud de ajuste en el momento en que ya se solicita la green card. Por ejemplo, en el caso de peticià ³n de cà ³nyuge, padres o hijos solteros menores de 21 aà ±os por parte un ciudadano estadounidense.  ¿Cuà ¡l es el costo del formulario I-485? Pueden darse las siguientes situaciones: Menor de 14 aà ±os que aplica con al menos un progenitor: $750Menor de 14 aà ±os que no aplica con ningà ºn progenitor: $1.140Migrantes entre 14 y 78 aà ±os de edad: $1.225, incluye servicio biomà ©tricoMigrantes de 79 aà ±os o mà ¡s: $1.140Migrantes admitidos a EE.UU. como refugiados: $0 Segà ºn las circunstancias, algunos migrantes podrà ­an calificar por un waiver para no pagar la tarifa. Sin embargo, antes de solicitarlo es conveniente asesorarse con un abogado ya que podrà ­a dar lugar al rechazo de la peticià ³n de ajuste de estatus por motivo de carga pà ºblica. Esta cuota se puede pagar mediante money order, cheque personal o cashiers check contra una cuenta en un banco de Estados Unidos o mediante tarjeta de crà ©dito. Para esto à ºltimo debe completarse el formulario G-1450. La tarifa no se regresa si el ajuste de estatus no es aprobado. Huellas digitales para ajuste de estatus Los migrantes entre 14 y 78 aà ±os recibirà ¡n una carta para que en un dà ­a y una hora determinada se presenten en un ACS para la toma de huellas digitales, fotografà ­as y para firmar que todo lo que han dicho en su solicitud de ajuste de estatus es verdad. USCIS puede negar el ajuste de estatus si el migrante no firma o si no se presenta en el ACS la fecha indicada y no solicità ³ previamente un cambio de dà ­a y/o hora.  ¿Cuà ¡nto se demora el ajuste de estatus? En la actualidad, el ajuste de estatus està ¡ sufriendo notables retrasos. Por ejemplo, el Centro de California se està ¡ demorando entre 8 meses y 43 meses y medio. El Centro de Texas, entre 14 y 41 meses. Entre los factores que explican la diferencia de tiempo en un mismo centro de USCIS pueden estar la necesidad de realizar entrevistas o no o la solicitud de documentacià ³n adicional por parte de USCIS. Es posible verificar los retrasos medios en la pà ¡gina oficial de USCIS. En la casilla de Form, seleccionar I-485 y en la de Field Office o Service Center, elegir la del centro que està © gestionando la aplicacià ³n. Ademà ¡s, existen diversos medios para contactar con USCIS para verificar el estatus del caso.  ¿Se puede trabajar/viajar mientras se espera por ajuste de estatus? Se puede trabajar una vez que se recibe el permiso de trabajo, a menos que se tenga ya uno emitido que continà ºa siendo và ¡lido. No se deberà ­a viajar al extranjero sin tener en mano el advance parole aprobado, ya que el migrante se arriesga a que se le impida regresar a EE.UU. Incluso con ese permiso aprobado los migrantes en situacià ³n de indocumentados deberà ­an consultar con un abogado antes de viajar. USCIS y negacià ³n de ajuste de estatus Una peticià ³n de ajuste de estatus puede ser negada porque se considera al migrante como inadmisible. En la actualidad, es conveniente tener en cuenta las nuevas directrices del gobierno sobre el problema llamado carga pà ºblica. Asimismo, en la actualidad la negacià ³n de un ajuste de estatus puede convertir al migrante en prioridad para la deportacià ³n. Novios y esposos: consideraciones a tener en cuenta En el caso de relaciones familiares existe la tentacià ³n de que el novio o cà ³nyuge extranjero ingrese a EE.UU. e intentar arreglar la situacià ³n migratoria mediante la solicitud de un ajuste de estatus y asà ­ evitar una separacià ³n larga, que es lo que sucede con las aplicaciones en las que se va a travà ©s del proceso consular. Sin embargo, cabe destacar que sin darse cuenta se està © cometiendo un fraude de ley, cuando el cà ³nyuge extranjero o el novio de un ciudadano estadounidense ingresa como turista con la intencià ³n de quedarse en EE.UU. y solicitar una green card. Para evitar problemas de este tipo es conveniente tenerlo presente y dejar transcurrir un tiempo prudente desde el ingreso del cà ³nyuge o novio extranjero hasta el momento de solicitar el ajuste de estatus o, en el caso de prometidos, de la celebracià ³n del matrimonio. En la actualidad se exige un tiempo mayor que en el pasado. Este artà ­culo no es asesorà ­a legal. Tiene un carà ¡cter meramente informativo.

Stereotyping Using Racial Profiling Free Essays

Kiara Jacobs Dr. Benie Colvin English 1101 M, W, F 4 November 2012 Stereotyping using Racial Profiling As a society, people play into the looks, culture, and beliefs of a person and within minutes people make an assumption of who they are. Society takes one look at a person and based on their race, instantly draw a conclusion upon them without even asking them their name. We will write a custom essay sample on Stereotyping Using Racial Profiling or any similar topic only for you Order Now Stereotyping has been around for centuries; the most commonly used stereotypes involve race. People use racial stereotyping based on what society deems that race to be, without first getting to know that person in order to draw individual valid conclusions about them. When people are using racial stereotypes, they often think that they are better than the other person based on the color of their skin. In the article â€Å"Stereotypes† by Saul McLeod, he uses research on stereotypes by Katz and Braly which states, â€Å"Not surprisingly, racial stereotypes always seem to favor the race of the holder and belittle other races† (McLeod,Katz,Braly). A person who is set on pre-judging someone is that they are better than someone of another race. Some feel as though no one of another racial background can equal to them or is not even worthy to sit and eat with them, all because they do not have the same skin color. People cannot choose what race they want to be. As people belittle each others races, those that they belittle may be left thinking, together they are really better because they are black, white, Latino, or Indian. The media also plays a significant role in racial stereotyping. It is known to influence the minds of many from children to adults. They set forth an image of different racial backgrounds and portray it to the public. In a hosted article by New York Amsterdam news called â€Å"Media Blamed for Negative Stereotyping of Black Males,† it states, â€Å"This false image not only affects race relations†¦ can be predetermined for them by suggestions in the media†(Media Blamed for Negative Stereotyping of Black Males. ). The media adds to racial stereotyping because it gives people more reason to continue to judge a person from of their skin color. It also gives the motive for judgment because the media reflects how contemporary society is shaped. They categorize African Americans with drugs and crime, Caucasians with living the life of luxury, and all Hispanics with being in the United States illegally. Societies may absorb these opinions in their head by viewing television, and automatically think they know a person. The media puts different racial backgrounds in certain categories and makes it hard to change the perception of that racial background because that is all they portray them to be. However, the images that may be shown on television, in a magazine, or on the news does not define a whole set of people. Regrettably, stereotyping someone seems much easier than actually getting to know them. People look at an individual race and quickly identify the characteristics that are forced upon them, when in actuality they are nothing like the label society has associated them with. As a society, people should take the time and opportunity to get to know a person as an individual instead of placing them into a category. Stereotyping: Seeing Beyond First impressions,† an article from the Boston College states , â€Å"Just like when people are stereotyping you, you should get to know them better because there is a lot more to a person than first impressions† (Stereotyping: Seeing Beyond First impressions. ) Taking time out to get to know person intimately as an individual may be difficult for some in their head they already have drawn a conclusion about them. How ever, few minutes of conversation can change a person’s perspective. A barrier can be broken and opinions can change allowing realization to set in and determine that all people who have the same racial background are not the same. A person may look at all African Americans as rude and illiterate. Their entire perception of African Americans may change after getting to know one who is the opposite of what society claims them to be. Therefore, taking a couple of minutes to get to know someone can break a person’s racial stereotypical barrier. Stereotypes in general are hard to overcome. People who are used to hearing stereotypes repeatedly conform to them. Stereotyping: Seeing Beyond First impressions† also states, â€Å"One thing to be careful of is becoming more like the stereotype because another person labeled you† (Stereotyping: Seeing Beyond First impressions). Conformity to stereotypes may occur because individuals may feel that they are destined to be the way society has claimed them to be. Racial stereotyping is very diffic ult to defeat. Individuals have to stand up and claim that they will not be what society may label them to be. Individuals have to prove that they are their own person and not what someone has labeled them to be. It is a difficult task trying to defy the odds of conforming to a stereotype, especially when it is everywhere. Racial stereotyping has a significant impact on the world. It affects the way individuals may treat one another and how communication and ideas may deteriorate just because two people do not represent the same race. Some individuals miss a good opportunity of getting to know different aspects of good people. They are blind to the fact that learning new things about a different culture or race could broaden their knowledge in the world. No one should be looked at differently because of their skin color. For society to make a change for the better, people have to be smart and strong to form their own opinion. People should not let the media, other people or family members influence their thought on a person just because they do not look like them. Works Cited â€Å"Stereotypes. † Stereotypes. Trustees of Boston College, 29 Mar. 20010. Web. 05 Nov. 2012. http://www. simplypsychology. org/katz-braly. html. Media blamed for negative stereotyping of Black males. New York Amsterdam News [serial online]. May 31, 1997:13. Available from: MAS Ultra – School Edition, Ipswich, MA. Accessed November 5, 2012. How to cite Stereotyping Using Racial Profiling, Papers

Should UK join euro Essay Example

Should UK join euro? Essay A harvest failure, strikes, or war, in one of the countries causes a loss of real income, but the use of a common currency (or foreign exchange reserves) allows the country to run down its currency holdings and cushion the impact of the loss, drawing on the resources of the other country until the cost of the adjustment has been efficiently spread over the future. If, on the other hand, the two countries use separate monies with flexible exchange rates, the whole loss has to be borne alone; the common currency cannot serve as a shock absorber for the nation as a whole except insofar as the dumping of inconvertible currencies on foreign markets attracts a speculative capital inflow in favour of the depreciating currency. (Mundell, 1973, p. 115) Through risk sharing there would be lower interest rates. For any given interest rate that is higher, investment projects will tend to be riskier in order to justify the high rate of interest. This in turn pushes interest rates up. We will write a custom essay sample on Should UK join euro? specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Should UK join euro? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Should UK join euro? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer By sharing this risk across a currency union, lower interest rates reduce the amount of risky projects that are selected by the market. De Grauwe argues that a lower interest rate and the expectation of lower interest rates will encourage growth in the short term. When uncertainty decreases, R1 moves to R2 and the economy will temporarily grow faster until it reaches point B, at which point it will return to the Long-term growth rate. The Euro as a World Currency From the outset the ECB has been very anti-inflationary. This has safeguarded the value of the Euro on international markets. The future looks good for the Euro as a world currency. The recent falls in the value of the dollar may lead many speculators to switch to the Euro as a more reliable store of value. If Britain were part of EMU this could mean investing in Britain. Currently many in Europe are worried by the value of the Euro against the dollar. This is primarily because world trade is largely conducted in dollars. If that were to change to Euros, Britain would gain from being a part of EMU. Negotiating as the EU, the individual countries of Europe have been able to stand up to the USA on trade issues. EMU could work in the same way to protect our interests. In the past, the countries of Europe have at times been forced to prop up the dollar in order to protect their export markets, not only to the United States but also to the rest of the world, as the dollar was the currency of choice for most international dealings. In 1987 two thirds of the US current account deficit was financed not by the private markets but by foreign central banks who were afraid of the competitive effects of their currencies appreciating against the dollar (Transatlantic Perspectives on the Euro, p.24) With the euro, Europe no longer has to concern itself as much with the value of the dollar. Obviously trade with the USA will be affected by a weak dollar, as is the case today. However, that accounts for less than 15% of trade for most EU countries. If the euro maintains its strength and reputation it could lead to many advantages. Europe will gain in terms of seigniorage. Seigniorage is the revenue that a government receives from the use of their currency. If the Euro were to close one half of the gap between it and the dollar as a currency of denomination of private international financial assets, roughly $400 billion in investments would be re-allocated from dollar to Euro assets (Transatlantic Perspectives on the Euro, p. 24). However, the European capital markets may take longer to take full advantage of the single currency. Stock market capitalisation of the euro 12 countries was roughly 1/3 of the US in 1995. Adding the UK would raise it to 1/2. (Transatlantic Perspectives on the Euro, p. 25) Even without stock market capitalisation, if the Euro is a strong currency, foreign investors will wish to invest in Euros in some way or another. European banks will attract investment. The size of this effect, however, is uncertain. London is the financial centre of the world without having a major domestic currency. But the Euro could provide a useful boost to Foreign Direct Investment. EMU will increase our levels of international trade Increasing trade is one of the primary objectives of the EU. Trade increases output through increased specialisation and a more efficient allocation of resources. Trade increases our consumption possibilities. All countries gain regardless of income level or economic structure. As long as they are different in technology (Ricardian model) or in factor endowments (Heckscher-Ohlin model), potential gains from trade always exist. Therefore if a common currency induces large increases in trade it is an important benefit of EMU. Rose (2000) considered the effect that a common currency area has on trade. He was the first to do so. He explains that there are potentially massive gains from a currency union. He uses the gravity model to calculate the effects. Rose makes a valid point that trade within a domestic economy far exceeds that of trade across international borders, and that the more we move towards making the EU a domestic market, the more trade across the European borders will increase significantly. The evidence of international bias is clear; trade within countries is simply huge compared to trade between countries, even for well-integrated areas like the EU. Countries have a number of important aspects for commercial trade, including a common currency, common cultural norms, common legal system, common history, common norms, and so forth. A common currency is a piece of this package; and it seems to be an important piece (Rose 2000 p. 32). Countries that use the same currency tend to trade disproportionately. My point estimate is that countries with the same currency trade over 3 times as much with each other as countries with different currencies (Rose 2000 p. 17). Rose uses the example of trade across Canada and with the US to illustrate this point. Trade between two Canadian provinces is more than 20 times larger than trade between a comparable Canadian province/American state pair. Part of this home bias effect may stem from the fact that a single currency is used inside a country (Rose 2000 p. 11) He explains that the benefits of a currency union have previously been underestimated because people have assumed that the effects of a fixed exchange rate would be the same as the effects of a currency union. Rose finds that there is a big difference. Most of the extant literature presumes that a common currency is equivalent to reducing exchange rate volatility to zero (Frankel and Rose). Yet my estimates easily distinguish a currency union and zero exchange rate volatility The effect of a common currency is much larger than the hypothetical effect of reducing exchange rate volatility to zero (Rose 200 p. 17). The seemingly small costs of exchanging currencies seem to deter people quite a lot. Johnny Akerholm uses Roses discussion to point out that trade is typically based on long-term relationships. If a firm wants to penetrate a foreign market, investment in trade channels and marketing is required over several years. A common currency reduces the risk and enhances the market, in particular for small and medium sized firms (Rose 2000 p. 39) o conclude, there are many benefits associated with EMU. The principle benefit is the free flow of trade, which has been quantified by Rose and appears to have massive potential for growth. Many of the gains we havent mentioned are political rather than economic. Therefore even if the gains dont prove to be that large, as long as the costs dont outweigh the benefits, Britain should join EMU. In the next chapter we look at the Theory of Optimum Currency Areas and analyse the potential pit falls of a Monetary Union.