Article 42 of the Un Charter on Use of Armed Force

It covers a plenty of fields. It also regulates the circumstances in which states may use armed force (traditionally termed ius ad bellum) and the way in which armed force is actually used ( termed ius in bello or the law of war, international humanitarian law applicable in armed conflict). Since its creation, the United Nations has helped resolve a number of conflicts, both regional and global. Unlike other organs of the United Nations, the Securty Council is the only body whose resolutions, when adopted under Chapter VII, are binding on all states. In respect of the enforcement powers under Chapter VII of UN Charter the primary responsibility for the maintenance of international peace and security was confered upon Security Council, in general we call it peace-keeping power. Boleslaw Adam Boczek argues in his book of International Law: A Dictionary , that the term â€Å"peacekeeping† does not appear in the UN Charter, and it is not entirely clear which of its provisions constitutes the legal basis for this kind of UN activity. As he explains further : â€Å"However, one can identify a number of articles concerning the powers of the Security Council (SC), including those specified in Chapters VI (pacific settlement of disputes) and VII ( Action with respect to threats to the peace, breaches of the peace and acts of aggression), which could provide a legal basis for peacekeeping. † Whole concept of the Council â€Å"authorizing† states to use force gives rise to a number of questions. What is the scope of the mandate? How it is to be interpreted? What is its duration? Who is the authorized party? Lines of responsibility and accountability, and so on Unfortunately these questions ( which are closely linked to Art. 42 of UN Charter) only could be answered in a more all embracing workmanship. This paper took shape over the course of Public International law, which during even short period brought near lot of interesting views and topics. The paper is devided into chapters analyzing the Art. 42 itself, but also in coherence with all relevant articles of UN Charter. Article 42 of UN Charter ) The UN Charter as matrix of Art. 42 It seems likely that Article 42 of UN Charter can? t be taken in isolation. In particular its tied to Article 41 which simply said implies that UN would have tried something first. Also important Articles 39, 40 and 43 have to be taken into consideration (not just these). As the fundament, undoubtedly, Art. 2(4) arises, a supertemporal dogmata that make us more understand the purpose of UN Charter. Pursuant to this provision, al l members shall refrain in their international relations from the threat or use of force. Today this â€Å"cornestone of peace in the Charter† constitutes the basis of any discussion of the problem of the use of force. Even the fundamental notion of â€Å"force† is not completely undisputed where its extent is concerned. The term does not cover any possible kind of force, but according to prevailing view is force in Art. 2(4) limited to armed force. Rebecca Wallace is more pessimistic about this argument as she keeps asking if does Art. 2(4) only prohibit use of armed force?! Force can be economic or political. But what is an armed force? The armed forces of a party to a conflict are â€Å"all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. † So armed forces are to be â€Å"subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict. † Anyway, attempts to bring near the detailed framework of armed force could be eventually challenged in more exhausting elaboration on this topic. ) Authorising the use of force Exeptions to absolute prohibition on use of force are laid down in Chapter VII of UN Charter. Under these chapter there are two circumstances in which the use of force is envisaged – particulary Articles 42 and 51 of UN Charter. Article 42 also provides for the exercise of the authority conferred upon the SC under Art. 39 . The Security Council has a monopoly to authorise states to use force in inter-state relations in order to maintain world peace and security. If the SC considers that economic and diplomatic sanctions would be or have be proved to be inadequate, â€Å"it may take such action by air, sea or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blocades, and other operations by air, sea or land forces of members of UN. † As the second envisaged use of force is not by the SC, but by individual members or members acting collectively. Article 51 provides for individual or collective self-defence, in principle available after an armed attack has occured. As can be seen, article 42 does not provide for the use of force as a free-standing power or as an option of first-consideration, but only frames the use of force in relation to nonmilitary options. Article 42 would condition any use of force, including blockades, upon a UN Security Council determination that nonmilitary alternatives were inadequate or would be inadequate. Moreover, Article 42 limits such action to a specific targeted goal of maintaining or restoring international peace and security, perhaps as opposed to serving some other policy goal. It therefore could be argued that Article 42 action must dovetail with a principal of proportionality. This article represents a fundamental innovation with respect to the League of Nations Covenant. While the League Council could merely recommend that States apply armed force against an aggressor, this new article should be able to take necessary military measures itself. During the Cold War, the innovative character of Art. 42 had almost no impact. Before 1991, the only case in which large-scale military operations followed a decision of the SC did not fall under Art. 42. In the case of Korea, the SC merely recommended that States provide assistance to South Korea in repelling the North Korean attack on the basis of collective self –defence under Art. 51. In contrast, the authorization of the peace-keeping operation in the Congo in 1960-4 contained elements which arguably fell under Art. 42. Since 1990, however, the SC has made use of Art. 42 in a significant number of cases. Most prominent was the authorization of member States to repel the Iraqi invasion of Kuwait, which followed an earlier decision to enforce economic sanctions against Iraq by a naval blockade. Also in 1992 SC enforced member States to take military action in support of the peace-keeping force in Somalia, and, in the following year, conferred enforcement powers on the peace-keeping force itself. As already mentioned, only towards the end of the 1990s, the SC again came to authorize larger operations on the basis of Art. 42. As an example, in 1997, it endorsed intervention of ECOWAS in Sierra Leone, when it decided to withdraw its forces from Sierra Leone in 1999, the SC established a large peace-keeping operation, endowed with powers to use of force that reached far beyond self-defence. Another UN peace-keeping operation was in the same year in Kosovo, likewise empowering to take forceful action on the basis of Chapter VII of the Charter. Thus, after some caution of the SC in the middle of the 1990s, Art. 42 has regained significance as a basis for enforcement action, though in a more limited way and with mixed success. 3) Requirements of Article 42 Art. 42 requires that, for military action to become possible, the SC must consider non-military enforcement measures to be, or have to been, inadequate. According to this formulation, its not necessary that non-military measures have previously been ordered and implemented. The option of the Art. 42 is rather supported on the basis of a prognosis of the ineffectiveness of measures under Art. 41. Also according to Art. 45, air force contingents should be available to the SC to facilitate action at any time, and that military measures will in any event have more rapid effects than economic sanctions. Nevertheless, because of the possible danger of an expansion of a conflict and the potential damage involved, the SC must consider very carefully whether military action can be justified, and whether principle of proportionality is also recognized. To this latter principle alludes the Charter in particular by the requirement that these may measures be necessary. 4) Measures As already mentioned, enforcement measures in Art. 42, (like non-military measures under Art. 41), they are carried out against the will of the state concerned. Measures pursuant to Art. 42, like all measures under Chapter VII, can be taken against any State if the SC considers such action conducive to maintenance or restoration of peace and security. According to type of measures, SC can take such an action by air, sea, or land . As videnced by the wording and the history, the list of measures contained therein is not exhaustive. On the other hand, Art. 42 covers not only operations involving combat against other armed forces, but also such action as demonstrations and blockades. In this context, demonstrations may be understood as demonstrations of strength intended to discourage potential peace-breaker from the use of armed force or its resumption, or to induce a change in its behaviour. The concept of blockade points to military action with a view to sealing off particular coasts or land areas. Such a blockade SC enacted in the case of Iraq, by allowing for the interception and inspection of all inward and outward shipping in order to ensure observance of the economic sanctions regime. Particular in the cases of Southern Rhodesia, Yugoslavia, Haiti and Sierra Leone. The implementation of the measures It wasn’t an exception that operations with mixed legal basis were created. In practice, this has sometimes led to severe operational problems, in particular with respect to the neutrality of UN troops and their capacity to engage in combat. Art. 2 vs. Art. 51 Practically the polemic arises with the relationship of military sanctions under Art. 42 of UN Charter to self- defence under Art. 51. Put differently, when is a legitimate use of force to be regarded as one rather than the other? This issue arose in sharp relief during the Gulf crisis of 1990. After a period of time it became apparent that Iraqi withdrawal from Kuwait was unlikely to be achieved through economic sanctions. It became probable that military action would be needed to reverse the aggression that had occurred upon the Iraqi invasion. At first sight it would seem to be action under Art. 42 of the Charter. Certain members of the SC spoke frankly of their anxiety about the possible operation of the veto making it necessary to base any such action on Art. 51 rather than on Art. 42. If UN economic sanctions failed to secure Iraq? s withdrawal from Kuwait, could military force by way of collective self-defence be used to obtain the same objective? UK and USA insisted that such action would be justifiable under Art. 1 Action in self-defence could be taken without prior authorization of the SC, thus avoiding a possible veto. Do members effectively have a choice between characterizing military action as collective self-defence or as enforcement measures under Art. 42? Action under Art. 42 would bind the UN membership as a whole. From already mentioned case of the Korean precedent in 1950,it is clear that action which, by its nature, could have been characterized as an enforcement was in fact authorized as lawful by refere nce to collective self-defence. Moreover , resolutions in both cases, were mainly intended to provide greater legitimacy to the use of force by making it an action of the international community rather than one of individual states. Art. 42 vs. Art. 43 Art. 43 provides that all UN members undertake to make available to the SC â€Å"on its call and in accordance with a special agreement or agreements†, armed forces, assistance , and facilities. Later State practice confirms that view that the SC can authorise member States, in groups of individually, to use force despite the lack of agreements under this article. Moreover, in cases of Somalia and Rwanda, no other legal basis for the use of force, such as self-defence of consent of the State concerned, was available. Thus, States implicitly accepted the legality of the authorisation practise of the SC. This approach was not always free from critisism. Especially in 1990s, some States raised concern over the deviation from the original Charter conception by simply authorizing member States to use force. Most of them, however, did not object to the authorizations as such, but rather to the lack of SC control over the actual execution. State practice, in principle, has accpeted that Art. 42 allows for the mere authorization of the use of force by member States in the absence of agreements under Art. 43. Conclusion Most of experts agree that SC practise,in contrast, reflects to some extent the limitations on the authorization power of the SC as described above. So isn? t Art. 42 exceeded institute These are particularly difficult issues to concern about in such a short work like this is. In this essay I tried to infiltrate in the issue of authorization to use of force according to the wording of the Art. 42 UN Charter. As Rebecca Wallace keeps asking: â€Å"Can force be used to enforce a right when force is not employed against territorial integrity or political idependence Can force be used to protect human rights? † We can still see lot of disputes in this ambit. Finally, as somebody said that law is an organisation of force, maybe we should care ever more about how do we organise it.

Case study (12 Questions)_Chronic Obstructive pulmonary disease Essay

Case study (12 Questions)_Chronic Obstructive pulmonary disease - Essay Example Antibiotic therapy is directed at the most common pathogens, including Streptococcus pneumoniae, Haemophilus influenzae and Moraxella catarrhalis. Mild to moderate exacerbations of COPD are usually treated with older broad-spectrum antibiotics such as doxycycline, trimethoprim-sulfamethoxazole and amoxicillin-clavulanate potassium. While doing the abovementioned management for the patient, detailed history should be done, if not obtained from the patient, from the companion. Risk factors, medications,measures done should be detailed. The vital signs of the patient should be checked constantly making sure that values are within normal. In-depth physical examination, not only of the respiratory system, but also of other systems should be done. The patient should be hooked on pulse oximeter to check for oxygenation status. Angela is also extremely distressed on arrival and asks "She is going to be all right isnt she? I know this is my fault - I wanted her to do everything – spend time with me when I knew she was busy!" Chronic pulmonary obstructive diseases is characterized by the inflammation of the lungs especially the small airways as a reaction of the body to inhaled toxins, cigarette smoke, dust and other particles due to air pollution or indoor cooking. Chronic productive cough, sputum and bronchoconstriction also result due to chronic bronchitis but ciliary dysfunctions may cause difficulties in expectorating (Devereux, 2006). The inflammation triggers a series of reactions that can lead to destruction of tissues, defense and repair mechanisms. Overworked proteases and antioxidants that fight off oxidative stress created by lung inflammation causes imbalance of these molecules in the lungs. Metalloproteases and other proteases increase due to increased number of macrophages, neutrophils, and T lymphocytes which are also involved in the pathogenesis of emphysema due to injuries in

Montessori and Steiner were both pre-occupied with the development of Essay

Montessori and Steiner were both pre-occupied with the development of the child as an individual. Considering both approaches, which methods did they use to encourage development - Essay Example In this essay paper, I am going to consider Montessori and Steiner approaches of the development of the child as an individual, and come out with analysis concerning these two approaches. Both the two approaches; Montessori Approach to Child Development and Steiner Approach of Child Development focus on how the children get acquire new knowledge on their surroundings, especially in the classroom setting. They all consider the aspects of individuality, environment and nature, readiness to learn, age groups as well as resources, as analyzed in each of them below. Montessori Educational Approach is a school of thought towards understanding the child development, developed by an Italian scholar by the name Dr. Maria Montessori. The approach emphasizes on providing a child with a room for personal independence, the freedom that gets monitored to some extent and appreciation and recognition towards a natural child psychology (Montessori, 1964). It also emphasizes on the appreciation and recognition of a child’s development both in the physical and the sociological perspectives as well as aspects. Montessori approach to child development is a child-centered educational perspective and has the basis of making numerous scientific observations towards a children life, starting from his or her birth to adulthood. The approach views a kid as naturally eager to have the knowledge and get capability towards initiate learning in an environment free from other obstacles that may inhibit the process of knowledge intake by the young ones. It, therefore, support and encourage the creation of an environment that is supportive, thoughtful prepared and comfortable such that the child is free from possible disturbances that may distract his attention. Montessori perspective values the human spirit as well as the growth and development of physical, social,

Transactional and Transformational Leadership Assignment - 1

Transactional and Transformational Leadership - Assignment Example Transformational and transactional leadership relate to trait theory, skills approach, and the behavioral perspective in a number of ways. The trait theory primarily dwells on the fact that leader’s personality influences their levels of performance at the workplace (Laureate Education, 2012). Thus, as a leader may be applying his innate skills of leadership he can choose to incorporate the transformational approach. The transformational approach comes in through motivation of the employees to working hard towards ensuring that the overall objectives set are achieved (Danforth et al., 2010). The leader can also use the transformational approach to make his subjects likeminded and aligned towards achieving the set objects. As well, the transactional theory may be used in the traits theory to offer supervision and controlling of employees. This approach can be adopted when the leader is seeking to find quality results by supervising the manner in which the employees work. The skills approach takes into account the knowledge and skills of the leader. Most of this knowledge is obtained from learning and experience from previous work. Looking at the skills approach vis a vis the transactional and transformational approach, it is evident that the two styles can be used together to enhance the productivity of the employees. A skillful leader may adopt the transformational approach in encouraging and motivating the employees to work hard towards achieving the intended objectives. Relatively, the transactional approach can be adopted in the skill theory when the leader intends to supervise the manner in which the employees work (Eliyana, 2010). The transactional leadership, therefore, enables the leader to take control of the work environment and monitor closely what the employees are doing. The behavioral perspective of leadership can also be used together with the transformational and transactional leadership.

Jacques Cousteau And The Ocean Film Studies Essay

Jacques Cousteau And The Ocean Film Studies Essay Imagine a world without oxygen. A dangerous world few have seen and few will ever see. A world filled with colors as bright as a rainbow and blackness as dark as any cave. A world with strange, never before seen creatures everywhere, waiting to be discovered. This is the Ocean. This is the world of Jacques Cousteau. Cousteau worked hard to make this ocean world more accessible to the world. He created movies, books, and films to allow everyone to see what lies beneath the oceans surface. He even invented new devices to allow people to go there. Making major advances in scuba diving and raising the publics awareness are just two of the ways Jacques Cousteau revolutionized ocean exploration. Jacques Cousteau made major advancements in scuba diving. Of his advances, his greatest was the invention of the Aqua-Lung. Before Cousteaus invention, diving gear consisted of airtight suits with lead boots, steel helmets, and an air hose that was attached to a ship at the surface (King). With this setup, divers had very little freedom of movement. Cousteau wanted to create a new system that would allow divers to move freely and allow divers to stay underwater for longer periods of time. He soon attempted this project and was unsuccessful. He tried using a gas mask, rubber tubes, and bottles of oxygen. Cousteau learned the hard way that pure oxygen becomes toxic to the human body at great depths. Cousteau had a seizure on a dive after breathing the pure oxygen for only four minutes. He decided that compressed air was a better choice, and went to his father for more advice (Cullen). Regular compressed air consists of 78% nitrogen, 21% oxygen, and 1% other gasses (Cullen). His father was an executive for a company that sold gasses, and Cousteau knew his father would be able to help. Cousteaus father said that a self-regulating valve would work best. The valve would allow divers to inhale and exhale through one mouthpiece without exhaling into their fresh air supply (Cullen). After hearing his fathers advice, Cousteau met with an engineer from his fathers gas company named Émile Gagnan in December, 1942. Together, they modified a self-regulating valve. They traveled to the Marne River and tested the valve with compressed air. At first, the valve did not quite work right. The valve only worked when the diver was horizontal. Within a few weeks, the pair finished their project. They called it the Aqua-Lung, and applied for a patent. Their finished Aqua-Lung weighed about 50 lbs., but still allowed divers to move freely in the water (Cullen). This invention changed the sport of diving forever, and Cousteau knew his invention could change the world as well. Soon after his invention of the Aqua-Lung, Jacques Cousteau began to set the limits for safe diving. Cousteaus First dive with his finished Aqua-Lung took him to a depth of about 60 feet (Charton). He knew that his new invention would bring many new dangers with it, so he soon began to set the limits for safe diving. Cousteau also tried using different gas mixtures with different ascension rates to find what worked best (Cullen). Soon, Cousteau began to push the limits of his Aqua-Lung. He wanted to see how deep he could safely dive. In 1947, Cousteau was able to reach a depth of 297 feet (Cullen). Cousteau began to discover new dangers that could threaten divers. Cousteau soon began feeling the symptoms of nitrogen narcosis. Nitrogen narcosis affects divers on deep dives and has many effects on the mind. One of its main effects is not allowing a diver to think clearly and could cause the diver to make mistakes while diving that could be fatal (Cullen). He also learned of decompressi on sickness when a man diving with Cousteau died while he was ascending. Cousteau set the safe diving limit at 300 feet after this event (Cullen). These guidelines for safe diving would protect the lives of thousands of divers for many years to come. Cousteaus invention of the Aqua-Lung in 1942 created many new possibilities for divers. The Aqua-Lung made it possible for divers to explore parts of the ocean that had never before been seen, such as underwater caves. Marine scientists were also able to study ecosystems in deeper parts of the ocean more efficiently. They saw things they could never before see (Cullen). The Aqua-Lung also had many more uses. These include finding and disarming German mines during WWII, clearing debris from ports, underwater photography, exploring caves and shipwrecks, and ocean research (Cullen). Cousteau even thought that the Aqua-Lung could be used as a way for specially trained soldiers to swim into enemy harbors and plant explosives on the hulls of ships (Madsen). The Aqua-Lung gave divers many more possibilities in the underwater world. Jacques Cousteau played a major part in raising public awareness for the ocean. He created many books, films, and T.V. programs throughout his life. All of these were used by Cousteau to make the world more aware of the oceans and showed how important ocean conservation was. Cousteau became interested in moviemaking when he was very young. He was amazed by the way cameras worked and also enjoyed taking them apart and rebuilding them. This interest followed Cousteau throughout his life, and he went on to make many award-winning films and movies (Cullen). Cousteau began to waterproof his cameras and began taking cameras with him on his dives. He soon released his first film, Eighteen Meters Down, which was very popular at the Cannes Film Festival in 1943 (Cullen). Cousteau began to improve his cameras. He built them to withstand the water pressure they would have to take during deeper dives. Using his improved cameras, he created many new films. He also tried color film and artificial light in his films for the first time (Cullen). The later years of Cousteaus life were spent creating film series and television specials. These include The Undersea World of Jacques Cousteau, Cousteau Odyssey, and Cousteau Amazon. Viewers were amazed by the images in these new films, and Cousteau received over 40 Emmy nominations (Cullen). By publishing The Silent World in 1953, Cousteau continued to educate the public about the ocean. The book was made popular because of its color photos and stories from Cousteaus dives (King). It also included Cousteaus first explorations of shipwrecks and underwater caves. The Silent World was instantly successful and became a best-seller (Cullen). The book was so successful that it was published in 22 languages and sold worldwide (King). A film version of The Silent World was released three years later, in 1956 (Cullen). The year of its release, the film won the highest award at the Cannes Film Festival, the Palme dOr. It was the first document ary to win this award, and only one documentary has won the award since (Collins). The following year, in 1957, the film also won an Oscar award (Cullen). Cousteau knew that in order to continue his research, he needed a research vessel. He soon found what he needed. Cousteau purchased the Calypso, a 400-ton minesweeper. The ship was converted into a floating laboratory filled with modern equipment and underwater television cameras (OLeary and OMeara). The Calypsos first expedition started on November 24, 1951. The mission was to research the Red sea. The Calypso was used to create many of Cousteaus films and documentaries. While researching the Red sea, the Calypsos crew filmed coral reefs, islands, volcanic basins, new plant and animal species, and recorded a new record depth of 16,500 feet. The new films created from the Calypso expedition amazed scientists, naturalists, and most importantly, the National Geographic Society, who agreed to finance one of Cousteaus future expeditions aboard the Calypso (Cullen). While onboard the Calypso, Cousteau created over 70 films and television specials (Cullen). The Calypso was also used as a w ay to document and record pollution and other human caused problems affection the ocean (OLeary and OMeara). At this time, few people were aware of how their pollution was affecting the ocean. Cousteau dedicated a large part of his life to promoting ocean conservation. He knew the importance of the ocean as a source of food, water, and minerals. In 1973 he founded the Cousteau Society. The society was created to teach public the importance of ocean conservation. The mission of the Cousteau Society is to understand, defend, and communicate about the Water Planet, and in doing so, protect the rights of future generations,(Jacques-Yves Cousteau). The Cousteau Society continues its mission, and still teaches ocean conservation today. Jacques Cousteau worked hard and put a lot of effort into raising support for the organization (Cullen). He gave his entire life to speaking out for the ocean, and convinced people around the world to take better care of the ocean. Cousteau achieved this goal through his films, books, and the Cousteau Society (OLeary and OMeara). In an interview for a magazine, Cousteau said, Our way of managing the Earth is wrongà ¢Ã¢â€š ¬Ã‚ ¦ the oceans are sic k, but theyre not going to die. There is no death possible in the oceans there will always be life but theyre getting sicker every yearà ¢Ã¢â€š ¬Ã‚ ¦ We need to outline what is possible and what is impossible with the nonrenewable resources on Earth, ( ).

Situated Cognition Essay -- Learning Cognition Essays

Situated Cognition Learning and Knowledge Relates to Situated Cognition "Learning and knowing are integrally and inherently situated in the everyday world of human activity" (Wilson, 1993, p.71). Learning is situated in the context in which it is taught. In other words, the context in which something is learned is very important. The activity in which the learner is engaged in at the time of learning is also important (Griffin and Griffin, 1996, p.293). If the goal of a learner is to solve day-to-day life experiences, they must engage in such opportunities. In order to understand and gain knowledge, learning theories stress the importance of creating a relationship between all pieces of information, the learner, and the environment. It is the responsibility of both the teacher and the learner to link the appropriate information together. If students can develop a relationship for the "underlying reasons for ‘how’ and ‘why’ to use specific procedures, they will be able to store this information as part of their knowledge network," and develop links with other pieces of information (Gersten and Baker, 1998, p.24). On the contrary, if learners learn facts of information that are isolated from a meaningful context, their understanding is often incomplete and meaningless. As a result of these linked relationships between individuals and environments, knowledge is the prevailing outcome. In summary, "knowledge is situated, being in part a product of the activity, context, and culture in which it is developed and used (Brown, Collins, and Duguid, 1989, p.32). What is Situated Cognition? Situated Cognition is a way to "address difficulties students have in retention and generalization" (Gersten and Baker, 1998, p.23). It ... ...or Well-Structured and Ill-Structured Problem-Solving Learning Outcomes. ETR&D, Vol. 45, No. 1, 1997, pgs. 65-94, SSN 1024-1629. Moore, Beverly. Situated Cognition Versus Traditional Cognitive Theories of Learning. Education, V119, N1, pgs 161-171, Fall 1998. Moore, Joyce L.; Lin, Xiaodong; Schwartz, Daniel L.; Petrosino, Anthony; Hickey, Daniel T.; Campbell, Olin; and Hmelo, Cindy. The Relationship Between Situated Cognition and Anchored Instruction: A Response to Tripp. Educational Technology, October, 1994. Wilson, Arthur L. The Promise of Situated Cognition. New Directions for Adults and Continuing Education, No. 57, Spring, 1993 Wisner, Alain. The Etienne Grandjean Memorial Lecture: Situated Cognition and Action-Implications for Ergonomics Work Analysis and Anthropotechnology. Ergonomics, Jossey-Bass Publishers, 1995, Vol. 38, No.8, Pgs. 1542-1557.

Human Resources Management In Small and Medium Enterprises Essay

Introduction Competitive advantage to a firm accrues from the judicious employment of three basic types of resources, namely Physical Capital Resources, such as Finances, Plant and Equipment Organizational Capital Resources – Structure and systems in the organization Human Capital Resources, which include the skills, competencies, experience and intelligence of employees.[1] Human resources are among the most important resources that an organisation utilises and hence its importance to any organisation can be easily understood. Small-to-Medium Enterprises (SMEs) are no exception to this rule, although this aspect is frequently lost sight of. This paper examines the role and importance of Human Resources in SMEs, and compares SMEs from two different cultural backgrounds – Taiwan and the UK. Role of Human Resources in SMEs â€Å"The study of human resources management in SMEs needs to be strongly encouraged. CEO/founders in SMEs view human resource management decisions as very important to the growth of their enterprises†[2]   A study into the perception of important HR issues in small organizations showed that â€Å"top six issues were wage rates, availability of quality workers, government regulation, training, benefits, and job security†[3] The role of Human Resources in SMEs is to contribute meaningfully to organisational objectives in a flexible and demanding environment. Lack of strategic employee management is widely accepted as characteristic of small enterprises. Decision-making has been perceived to be of relatively short-term nature compared to larger organisations, making small enterprises more flexible and less conflict-prone. At the same time, this also means that the advantages of long-term planning such as greater efficiency and effectiveness are lost. On the human resources front, this means that such organisations tend to have reduced capability to attract, retain and motivate the best human resources. This becomes important in view of the fact that out of thousands of small businesses that are established every year, only a few manage to survive in the long-term. While long-term planning and HR strategy are not the only reasons for this, they are among the important reasons. Hence an examination of the HR function as a strategic part of business, and its relevance to long-term planning, is in order. In addition, the role of recruitment and selection, training, and performance management, are also relevant to any discussion on the role of human resources. Planning and Human Resources Management Strategic planning for the organisation needs to be linked to individual goals. In turn, this means that the job design should take into account the long-term objectives of the organisation. â€Å"A framework for strategic management incorporating HRM involves developing a mission statement that answers questions of what businesses the organisation is in; determining goals that are general and long term; and establishing objectives that are short term and measurable. It should also encompass a complete SWOT analysis that incorporates HRM as a functional unit of analysis.†[4] One of the essential requirements of Human Resources Planning is proper job design. Human resources planning involves the matching of the knowledge and skills that are likely to be required in future with those that it has or will have. Human Resources Planning will help the organisation to estimate critical resource requirements, plan training and development needs, and link individual goals to organizational objectives. Job design involves specifying the characteristics of the job and the requirements such as skills for performing these jobs. Job design will thus provide the framework for a host of HR planning activities that can be linked to organizational objectives.[5] Recruitment and Selection Once the plans of the organization are clear the next important issue that any organisation needs to address is to get the right staff to implement the plans. â€Å"Surveys indicate that about 25 per cent of small businesses view the lack of qualified workers as a threat to their expansion and very survival.†[6] The problem assumes particular importance in the case of small enterprises because they almost always have a problem in attracting and retaining the best talent. This is partly due to the fact that they are unable to compete with larger firms for quality staff, because it is impossible for them to match the rewards and prestige that come along with positions in larger firms. Additionally, smaller firms have a reputation for being oriented towards a ‘hire and fire’ culture. Training Once the plans are clear, and the recruitment of the right people has been completed, it becomes necessary to motivate the staff, as well as to enable them to perform their tasks efficiently. This requires periodic training of the employees. Training is important in the case of small enterprises because they are more prone to changing environments and higher attrition rates. This makes it necessary for people to be more flexible, and to be trained in all aspects of the business. While the need for training of staff is thus greater in the case of a small enterprise, it is also accompanied by greater constraints that make it more difficult for these organisations to implement training programmes. Small organisations face two constraints in t his respect: Their budget for training may be more limited, and they may lack the necessary resources to carry out such training It is more difficult for small enterprises to spare their people for training programmes. In spite of the above limitations, however, small enterprises need to concentrate more on training, as it is an investment that needs to be done. â€Å"It has been suggested that top performing companies are distinguished by their higher spending on training and development.†[7] Performance Management Performance Management â€Å"includes work and job design, reward structures, the selection of people for work, the training of these employees, assessment of work performance and policies associated with rewarding and improving performance.†[8] Performance Appraisals are an important part of Performance Management and are useful in improving performance, assist HR planning, and identify development needs and potential for promotion. Small businesses, in general, lack a formal performance appraisal system. The disadvantages of not using structured and formal appraisal systems are that appraisals, and the consequent rewards, are often subjective, and may promote greater dissatisfaction. Consequently, appraisal systems and Performance Management play an important role in determining the alignment of HR planning with organisational goals, and ensuring that a proper climate is available for the achievement of the objectives. â€Å"In developing formal performance appraisal systems, small businesses not only are able to ensure that performance management may become strategically aligned with organisational goals, but also increase accountability, decrease under-utilisation of human resources, address concerns of productivity, and decrease employees’ concerns about fairness and accuracy.†[9] In addition, the salaries and rewards that are offered as part of the employment and the management of diversity within the workforce are important considerations for any organisation. These have a greater significance in the case of small organisations. As can be seen from the above, the role of Human Resources management in small organisations is an important one that needs to be well understood and implemented with care. One interesting extension to the role of HR management in small to medium industries is the use of Balanced Score Cards, which are normally viewed as the exclusive tool of large industries. The Balanced Score Cards approach shifts the focus to long-term growth, and includes measures of operational efficiency, customer satisfaction and employee related measures. The Balanced Score Card method thus includes a part of HR Management to assess the overall performance of the organisation. In a case study that included three SME organisations, Gumbus and Lussier present some interesting conclusions that have significance for the HR function in SME companies. The cases also serve to highlight the importance of HR in SME companies and the link between performance and HR. One of the three companies cited in the case is Futura Industries, an international company based in Clearfield, UT with 230 employees. It has over 50 years of experience in aluminium extrusion, finishing, fabrication, machining and design. The company believes that the two competitive weapons that put them ahead of competition are â€Å"their ability to hire and retain the best people and their devotion to the customer.† Futura’s President, Susan Johnson’s belief that committed and loyal employees make the difference has led the company into using the Balanced Score Card method. In the words of Ms. Johnson, the company â€Å"had all the financial metrics, lots of customer measures, and got ISO accredited three years ago †¦ but it is our employees that differentiate us from all other extrusion companies.†[10] A Comparison of SMEs in the UK and Taiwan A study by Lin found that successful SMEs in Taiwan place greater emphasis on soft skills and attitudes rather than on hard skills. He infers that SMEs in Taiwan seemed to have a better grasp of its human resources.   â€Å"Whenever SMEs modernize equipment, alter production processes, revise compensation policies, and engage in other reorganisation activities, they take pains to handle employees’ responses and feelings with special care and invest heavily in skills development.â€Å"[11] According to Hu, the Human resource scenario in Taiwan is characterised by abundance of entrepreneurs and availability of high quality professionals. Hu traces this to the importance laid on education by Chinese, and the large-scale injection of high quality human resource into the island in the aftermath of the retreat into, and subsequent withdrawal from, Taiwan of the KMT government. In addition, the Taiwanese population has inherited from its ancestors the qualities of â€Å"hard working, brotherhood, strong family ties, competition, and similar attributes that form the basis for strong family businesses.†[12] According to McKenna & Beech, the following values characterise the Asian HR scene[13]: Politeness and courtesy Emphasis on personal relationship Not losing face Harmony- avoidance of open conflict Predominance of group interests over individual interests Discipline and respect for authority and for elders Normative, rather than externally imposed control Trust and mutual help in business relationships Centralisation and authoritarianism As against the above, the HR scenario in Europe is characterised by the following features[14]: Pluralism as against unitarism Collectivism and social orientation instead of individualism, with the emphasis being on national, rather than individual, interests Legal framework: firing is more difficult Social Partnership: Employment security, protection of workers’ rights, and representation of workforce through trade unions. Social Responsibility: Concern for environment and other social obligations Tolerance for diversity Recognition of complexity and ambiguity. The characteristics enumerated under Asian values represent the Taiwanese scene, and the scenario in Europe is representative of the UK. From the above, it can be seen that the SMEs in Taiwan are formed with reliance on individual assistance, based on respect for authority, with trust and mutual relationships as the supporting factor. In the UK, and other European countries, it is the legal framework that gives the necessary assurance and support to the business rather than trust. In Taiwan authority is enforced, and followed, because it is natural to the culture. In the UK, the legal aspects are augmented by collective bargaining with a recognized trade union to achieve this purpose. Taiwanese take great care to handle employees’ feelings appropriately whenever major decisions need to be taken. This is replaced by collective bargaining and more formal communication in the UK. SMEs predominate in Taiwan, whereas larger firms represent the more prevalent form of business in the UK. SMEs constituted 99.43 percent of Taiwan’s total manufacturing firms in 1954, the highest level ever recorded; 95.26 percent in 1976, the lowest; and 98.07 percent in 1996. Among them, the smallest firms, employing fewer than 10 persons, accounted for 90 percent of all firms in the manufacturing sector in the 1950s.[15] On the other hand, SMEs generate roughly one quarter of the GDP of the UK. The generation of employment by SMEs varies from sector to sector, the highest being in the construction sector with 84% of the employment being generated by this sector. The SME sector, which was declining up to 1970, picked up momentum thereafter, and showed a rising trend till 1994. Since 1994, the number has remained constant.[16] As can be seen from these figures, the SME sector is less dominant in the UK than in Taiwan. Why Human Resources are important in firms â€Å"The resource-based view of organisations explains variations in firm performance by variations in firms’ human resources and capabilities†[17] Firms can gain competitive advantage by generating specific knowledge and skills that are difficult to imitate. This can be achieved through human capital development. The importance of Human Resource Development in small firms is thus self-evident – they help the firms to succeed by being competitive. In a study of more than 100 small enterprises in two towns from Germany, Rauch et al found that â€Å"human resources are essentially important and an optimal utilization of skills and knowledge increases small business growth.† [18] In order to harness this important resource and ensure it gives the best returns, an organisation needs to select its employees with care. â€Å"It is expected that as firms grow, the skills and abilities required to perform various functions and activities no longer would be available from the familiar and informal recruitment sources preferred by the owner-manager†[19] Apart from recruitment, other functions such as Training and Development, Performance Appraisal, and formal procedures and documentation help the organisation in improving efficiency. According to Kotey and Slade, â€Å"Benefits of formal HRM practices include meeting legal requirements, maintaining records in support of decisions in the event of litigation, treating employees fairly, and increasing efficiency.† [20] A study by Kotey and Slade involving more than 1300 small firms in Australia showed that as firms grow they tend to introduce formal HR practices and procedures. In the words of the authors, â€Å"While the analyses show that a significant percentage of SMEs implement formal HRM practices with growth, HRM remains informal in the majority of firms, particularly in small firms. It could be that implementation of formal HR structures and procedures necessary to support growth differentiates successful from unsuccessful SMEs.†[21] In a small organisation, people need to be more flexible and undertake a greater variety of jobs. This needs both motivation and skills. In turn, many employees may get better exposure and greater opportunities to learn and shoulder higher responsibilities in a small firm. All of these underline the importance of Human Resources Management in organisations, particularly small firms. The HRM model is â€Å"composed of policies that promote mutual goals, influence, respect, rewards and responsibility between employees in the organisation.†[22] These policies are promoted by practices such as team working, aligning performance objectives with organisational goals, and a flat organisation structure, all of which can be achieved only through a proper Human Resources Management in the organisation. Survey Research findings have confirmed the theoretical position with the conclusion that good HR systems is a source of competitive advantage. One study has shown that higher performance in a number of areas is correlated to good HR systems and practices. Companies that had significantly higher ratings on their HR practices also reported better market value, higher accounting profits, higher growth rates, better sales per employee, and lower employee turnover. Another study has found that newly started companies had a better survival rate if they had good HR practices. The probability of survival was found to vary by as much as 42% between the firms with the best HR practices and rewards, and those with the worst. Yet another study found that performance of the organisation was strongly linked with practices such as acquisition and development of skilled people, better job design, better autonomy, and positive employee attitude. All these studies clearly show that good HR could positively impact organisational performance practices, highlighting the importance of Human Resources in an organisation. Apart from improving performance good HR practices result in lower costs, while poor practices increase the costs to the organization. One of the contributing factors for this is the cost of employee turnover. â€Å"Interviewing and training recruits has significant out-of-pocket costs for the employer.† Replacing an employee involves expenses for Separation, Replacement, and Training. [23] Employee turnover costs can be divided into three major elements: Separation costs: These are the costs that are directly incurred when an employee leaves the firm, and include such costs as exit interviews, administrative and paperwork costs, disbursement of separation benefits, and revenues lost due to shortage of staff. Replacement Costs: These represent the cost of replacing the employee who has left and include the costs of advertising, sourcing, interviewing and selection. Training Costs: These are the costs that the company incurs for training and induction of a new employee. Apart from the actual expenditure on these activities, the costs of loss of efficiency in the initial stages, and the time lost during the training period should also be considered. Thus employee turnover could represent a fairly high cost to the organisation. Employee turnover can be classified into avoidable and unavoidable turnover. Most of the avoidable turnover results from lack of proper HR initiatives.[24] How Good/Bad employees affect the firm â€Å"A good employee is possibly the most valuable asset a small firm or SME can possess; a bad one could ruin the enterprise.†[25] Any firm, and more importantly a small firm, can ill afford to have people who do not perform. Robert Townsend, a noted Management expert was once asked the secret behind his ability to take over loss making firms, and changing them into profitable ones. The reply that he gave will be of interest to anyone asking how good or bad employees make or mar the firm. Mr. Townsend identified three factors that contributed to his success: Releasing the potential of employees so that they could perform at much higher levels by the practice of appropriate management styles Identifying people within the organisation who were blocking progress and preventing others from performing, and either changing their ways, or dismissing them Identifying people who had the ability and drive to take the company to greater heights, and promoting them. It can be seen that this highly successful Management practitioner reduced success to three simple rules, namely, eliminating deadwood, promoting and encouraging those with potential and creating the right climate in the company. This clearly shows that apart from creating the right environment, the most important requirement for success is the quality of people. Good people could transform a loss making company into a profitable one.[26] â€Å"Whether a firm is small or large, it’s only as good as its staff.†[27] This can be easily understood because the employees of the organisation make the vital difference between good and poor performance in every area. Apart from the demonstrated effect that this has on the firm’s performance, which has been cited earlier, this also stands to reason. A company depends on coordinated working by its employees towards a common goal to achieve its objectives. In order to meet these objectives, the organisation has to do what it does well. In other words, the competence of its employees should be good if it wants to achieve results. Secondly, the soft skills of the employees are important to achieve internal teamwork as well as to nurture customers with excellent performance and service. Thirdly, the employees of the company need to work efficiently if it is to have a healthy bottom line. All these objectives can be achieved only with good employees who know their job and possess the necessary hard skills, have the necessary soft skills, and are committed to the company’s success. In other words, a company needs good employees who have the right levels of knowledge, skills and attitudes. Conclusion Human Resources Management in Small-to-medium industries has been gaining a lot of attention lately. There is increased awareness among many of the SME entrepreneurs themselves about the importance of good HR practices and policies. It has been shown that organisations having formal Human Resources practices grow faster, and are more profitable, than those that do not do so. A comparison between SMEs in two countries, namely Taiwan and the UK, shows that the SME sector is more predominant in Taiwan, which is characterized by a culture that lays greater emphasis on group working, respect for authority, and mutual trust. This is contrasted by the UK situation where the SME sector is les pervasive, and the HR climate is characterised by formal and legal supports, collectivism, and social responsibility. Although the two situations are quite different from each other, the importance of formal HR systems in the SME segment is being recognised in both cases, and seem to affect performance positively, irrespective of the background. Works Cited A Causal Analysis. Entrepreneurship: Theory and Practice, 29(6): 2005: 681+. Bennett, Roger. Small Business Survival: Strategies for Delivering Growth and Staying Profitable: Second Edition. London, Financial Times Management, 1998. Burns, Paul. Entrepreneurship and Small Business. New York, Palgrave, 2001. Griffith, Roger W and Hom, Peter W. Retaining Valued Employees. London, Sage Publications, 2001. Gumbus, Andra, and Robert N. Lussier. Entrepreneurs Use a Balanced Scorecard to Translate Strategy into Performance Measures. Journal of Small Business Management 44(3): 2006: 407+. Heneman, Robert L., Judith W. Tansky, and S. Michael Camp. Human Resource Management Practices in Small and Medium-Sized Enterprises: Unanswered Questions and Future Research Perspectives. Entrepreneurship: Theory and Practice, 25 (1): 2000: 11. Holbeche, Linda. Aligning Human Resources and Business Strategy. Oxford, Butterworth-Heinemann, 2001. HRD in Small Organizations, Edited by Graham Beaver & Jim Stewart. New York, Routledge, 2004. Hu, Ming-Wen. Many Small Antelopes Make a Dragon. Futures 35(4): 2003: 379+. Kotey, Bernice, and Peter Slade. Formal Human Resource Management Practices in Small Growing Firms. Journal of Small Business Management, 43 (1): 2005: 16+. Lin, Carol Yeh-Yun. Success Factors of Small- and Medium-Sized Enterprises in Taiwan: An Analysis of Cases. Journal of Small Business Management, 36(4): (1998): 43. McKenna, Eugene and Beech, Nic. Human Resource Management, A Concise Analysis. Essex, Pearson Education Limited, 2002 Megginson, David, Banfield, Paul, and Joy-Mathews, Jennifer. Human Resource Development. Kogan Page India Pvt. Ltd., New Delhi, 2001. Rauch, A., Frese, M., & Utsch, A. Effects of Human Capital and Long-Term Human Resources Development and Utilization on Employment Growth of Small-Scale Businesses: Satava, David. The A to Z of Keeping Staff: Few Firm Employees Leave without a Good Reason-Here’s How Not to Give Them One. Journal of Accountancy 195 (4): 2003: 67+. [1] L. Holbeche, Aligning Human Resources and Business Strategy, Oxford, Butterworth-Heinemann, 2001, pp.10-11. [2] R.L. Heneman, T.W. Judith and S. M. Camp. Human Resource Management Practices in Small and Medium-Sized Enterprises: Unanswered Questions and Future Research Perspectives. Entrepreneurship: Theory and Practice 25(1): (2000): p. 11 [3] HRD in Small Organizations, Edited by Graham Beaver & Jim Stewart, New York, Routledge, 2004, p. 81. [4] Ibid, p81 [5] Ibid [6] ibid, p82 [7] ibid, p 85 [8] ibid, p 89 [9] ibid, p 89 [10] A. Gumbus and R. N. Lussier. Entrepreneurs Use a Balanced Scorecard to Translate Strategy into Performance Measures, Journal of Small Business Management, 44(3): 2006: p.407. [11]C.Y. Lin. Success Factors of Small- and Medium-Sized Enterprises in Taiwan: An Analysis of Cases. Journal of Small Business Management, 36(4): (1998): p. 43. [12] M. Hu. Many Small Antelopes Make a Dragon, Futures, 35(4): 2003: p. 379. [13] E.McKenna and N. Beech. Human Resource Management, A Concise Analysis. Essex, Pearson Education Limited, 2002, pp.4-5. [14] ibid [15] M. Hu. P. 379. [16]   P.Burns. Entrepreneurship and Small Business. New York, Palgrave, 2001, p12. [17] A. Rauch, M. Frese & A. Utsch. Effects of Human Capital and Long-Term Human Resources Development and Utilization on Employment Growth of Small-Scale Businesses: A Causal Analysis. Entrepreneurship: Theory and Practice, 29(6): 2005: p681. [18] ibid [19] B.Kotey and P. Slade. Formal Human Resource Management Practices in Small Growing Firms. Journal of Small Business Management, 43(1): (2005): p.16. [20] ibid [21] ibid [22] E. McKenna and N. Beech, p34-35 [23] D. Satava. The A to Z of Keeping Staff: Few Firm Employees Leave without a Good Reason-Here’s How Not to Give Them One, Journal of Accountancy, 195(4 ): 2003: p. 67. [24] R. W. Griffith and P. W. Hom. Retaining Valued Employees, London, Sage Publications, 2001, p10 [25] R. Bennett. Small Business Survival: Strategies for Delivering Growth and Staying Profitable: Second Edition, London, Financial Times Management, 1998. [26] D. Megginson, P. Banfield and J. Joy-Mathews. Human Resource Development. Kogan Page India Pvt. Ltd., New Delhi, 2001, p. 82. [27] Satava, David. â€Å"The A to Z of Keeping Staff: Few Firm Employees Leave without a Good Reason-Here’s How Not to Give Them One.† Journal of Accountancy 195.4 (2003): 67+.