Analysis of Clinton article America's Pacific Century Essay

Analysis of Clinton article America's Pacific Century - Essay Example All in all, whether the US will be at the center of the action is very much dependent on strategy. The basic assumption when it comes to national perspectives is that each and every state will have its interests that are to be pursued. Colonel Arthur Lykke proposes a three element approach when formulating a strategy (Bartholomees 3). This can be summarized as the end, ways and means approach. Strategy serves to control its surrounding instead of reacting to it. It enables the use of power in either a persuasive or coercive manner to achieve set goals. Based on the USAWC Strategy Formulation Framework, Clinton seems to be on the right track. The ideas articulated in the article are in line with the core national interests of the nation (Bartholomees 399) namely; security, stability, promotion of values and economic wellness. Clinton recognizes the need to invest the US resources wisely over the next ten years as this will have a great bearing the future of the nation as a world power (Clinton 1). She clearly states the strategic vision of the Obama administration as being guided by three principles. These are; maintaining political consensus, quickly adapting into the newly formed alliances and guaranteeing defense for new allies. The importance of the region is greatly emphasized. Clinton first points out that the US needs to reposition and not withdraw from the region as is proposed by some in the political scene. She highlights the market potential in Asia for American businesses as one of the key reasons to reposition. She also reiterates that the key to stability and security at home is the stability of areas abroad. The open markets in Asia are seen as an opportunity to invest, conduct trade and access latest technologies. These markets are also portrayed as being important to recovery of the US economy. Given the economic crisis that the nation went through a while back, it would be unwise not to seize the available opportunity for a speedy recovery. Cli nton advocates for a symbiotic relationship between Asia and the US. This proposal underlies the idea that both the US and Asia-Pacific need each other in order to progress well to the future. The article also distinctively identifies the national interests of the country. The most important is the issue of security. Several ways have been proposed on how to implement the strategy. Clinton first calls for application of a forward deployed diplomacy. In this case diplomatic assets are used to achieve partnership. Six key aspects have been forwarded as the basis for this approach. They are; the strengthening of security alliances; intensifying the work relationships with the emerging powers, this includes China; interacting with multilateral organizations in the region; expansion of investment and trading activities; establishing military presence; and championing for democracy and application of human rights in partner countries. There are several alliance treaties that exist with Co untries such as Japan, Australia, Thailand, South Korea and the Philippines. The countries have been identified as a fulcrum to the strategies that the US plans to apply in the Asia-Pacific region. Though the treaties have proven to be beneficial to the US, Clinton calls for the update of the treaties to make them more relevant to the current times. The alliance with Japan is

Business Law Core Case Study Example | Topics and Well Written Essays - 3000 words

Business Law Core - Case Study Example This can be enumerated as follows:- 1. Agreement: - the first essential element of partnership is agreement. It is a relation between persons who have agreed to share profits. There can be no partnership without an agreement. Therefore the relation of partnership arises from contract and not from status. 2. Business: - The second essential element of partnership is "business" because without business there can be no partnership. Business includes every trade, occupation and profession. It is not necessary that the business should be of long standing and permanent. A single commercial transaction may constitute a business (Abenneim (1913) 109 LT 219, 220). According to Lindley (Lindley on partnership, fourteenth Edition. P.116) if the persons are not already partners, share profits and losses of a particular transaction, they may be partners for the said particular transaction. 3. Sharing of profits: - Another essential element of partnership is sharing of profits of a business. If two or more persons agree to carry on a business but their objective or motive is not to share profits, it shall not constitute a partnership. Thus sharing of profits or participation in profits of a business is one of the important essential elements of partnership. Prior to 1860 this essential element was considered so much important that if two or more persons agreed to carry out a business with the objective of sharing profits, it was considered to be decisive of constituting a partnership between them. In 1860 the decision in Cot v. Hick man (1860) 8 HLC 268) brought about a revolutionary change in this respect. Delivering the judgment Lord Cranworth of the House of Lords said that sharing of profits is good evidence that the business in which profits have been incurred is being carried on behalf of the persons who are sharing profits. In other words, sharing of profits is prima facie evidence of partnership. But the decisive test is mutual agency. The real basis of liability is that the business is being carried on behalf of the persons sharing profits. 4. Manual agency: - if two or more persons agree to carry on a business to share profits, it is still possible that the partnership may not come into in order to constitute a partnership in addition to the above noted three elements, the case of Cox v. Hickman (supra) deserves a special mention in this connection. Lord justice Lindley defined company as "an association of many persons who contribute money or money's worth to a common stock and employ it for a common purpose (Dr. N. C. Paranjape, company law, 2002). In undertaking the operations of the hotel and restaurant, both parties need to form ad incorporate the company either by special statute or by registration under the companies Act for the time being in force. Further the company many also be incorporated by Royal charter which is perhaps the oldest mode of incorporation. Therefore the means that it means that if David and Angela decide to run their business as a company then their property will be the partnership it is appropriate as their property will continue to be theirs and they will only share profits and losses of the company. There are several disadvantages and advantages of using partnership over a company in the prevailing case of David and Angela. These can