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Legal Aspects of Business Decisions
Project description
Read each assessment listed below. Your response should address each assessment separately in order to move the conversation forward. Ensure the mastery of the concept as well as critical thinking. In your opinion, do not simply state that it is a good or bad idea; elaborate on your reasons and argument. Include enough detail to substantiate your thinking as well as your position, also please answer the two questions listed below separately.
Assessment One
Legislation and Business Practice
With regards to adherence to legalities of businesses within the same industry that manufacture and distribute similar products/services to the marketplace, State regulations and political variances on business components such as subsidies and tax incentives will fluctuate from State to State, and there are determining factors such as businesses members with the WTO, favoring of state to state legislation, as well as individual judgments within these parameters that might be biased or unbiased towards business or group entities.
Business A is receiving subsidies that include lower taxes, tech assistance, and low interest financing in State A. Business A starts to distribute their product in State B where business B manufactures and distributes a similar product, business B starts to have a decrease within the marketplace shares and requests that State B impose duties on business A to counterbalance the subsidies that State A provides to business A. After an investigation, Customs Service that determines and is responsible for imposing such duties refuses to impose any duties on business A. Business B sends an appeal to a court.
The appeals process for this type of claim has variables determined through the courts attention to rules in place through WTO legislation with regards to counterbalancing subsidies, and duties that might cause internal loss to a State or Business, the Customs Service accuracy and approach to the investigation of the case, as well as the GATT 1994, and if this applies to this case such as if the application of subsidies is detrimental to an industry of another member state, nullify benefits, or threaten the members of another member state. With this the action of business B to appeals court is appropriate ( August, 2012). These factors will determine if the courts overrule the decisions of the Customs Service.
When businesses or individuals within a business utilize business procedures from the perspective of competition, this might drive the business towards a better quality product/service and enhanced communications with individuals that purchase the products/services, the workers as well as the communities that are locally affected through the business practices of a business, the competition perspective might be detrimental to a business through decreased quality to appease mediocrity, this mediocrity might affect the community and workers of the business, this might impact the global community as well as standards lowering instead of reaching towards a better quality product/service to bring to the planet. A collaboration perspective regardless if the businesses are within similar industries, the ability to learn from each other enables each business to become more efficient and effective at contributing valuable and meaningful products/services that bring abundance and prosperity to individuals lives that establish the communities throughout the world. When groups such as social, political, or government agencies attempt to overstep their authority to manipulate and repress at someone else s expense, this is more than legally incorrect, there is a moral and ethical component that is being turned away from, this shortsightedness on the part of those who display decisions and actions of unconsciousness are only hindering their selves as concerns the long road. With all the rules and regulations, ultimately each individual is responsible for their decisions, choices, and actions.
