Sources of Tort law Essay Example | Topics and Well Written Essays - 2000 words

Sources of Tort law - Essay Example Judicial acknowledgment of spontaneous standards brings about a declaratory (more willingly than constitutive) function that cares for custom as a legal reality. The legal system finds the law by being acquainted with social standards, but does not "create" the law (Fisheries, 1951, International Court of Justice, Kontou, 1994). The most distinguished demonstration is the organization of tort law, where, devoid of a central legislative power, custom positions adjacent to treaties as a principal source of law. (Statute of the International Court of Justice, Article 38 section 1). At any time they are provided with legitimate position in a legal system, customary rules are frequently provided with the similar impact as other key sources of law. Even though frequently secondary to formal legislation, customary rules obtain their power from the agreement of a standardized practice and an individual conviction that obedience to them is mandatory (opinio iuris), devoid of essentially being officially integrated into any written body of law (Malanczuk, 1997, NorthSea Continental Shelf, Roht-Arriaza, 1995, Sands, 2003, Scott, 2000). Consequently, they are more often than not characterized as irrelevant sources of law (Brownlie, 1990, The Corfu Channel, 1949, Trendtex Trading Corporation, 1977, Vierdag, 1982, Weber, 1978, Baxter, 1970, Brownnlie, 1987, De Vattel, 1960, Goldsmith and Posner, 1999). This conception entails that the custom continues to be the definite source of law notwithstanding following its judicial recognition. In this context, the judicial assess ments that are on familiar terms with a custom present merely persuasive evidence of its subsistence and do not themselves turn out to be foundations of law. Sequentially, this puts off the doctrine of stare decisis from shaping up customary law. Contemporary legal systems commonly distinguish customary rules that have materialized either within the boundaries of positive legislation (consuetudo secundum legem) or in fields that are not regimented by positive law (consuetudo praeter legem). Where custom is in open disagreement with legislation (custom contra legem) the latter more often than not wins through. In some cases in point, nonetheless, a custom supplants previous legislation (abrogative custom), and a number of arguments have been completed in favor of the up-and-coming practices that run counter to outdated stipulations of public tort law (desuetudo) (Kontou, 1994, International Law Commission, 1962. Internatinal Law Commission, 1966, Mendelson, 1998, Tunkin, 1974). The perception of opinio iuris initiates a difference involving mere behavioural regularities and internalized responsibilities. This difference may possibly be associated to the parties' responsiveness of the anticipated collective payoffs from the game, a difference that is significantly vital in the normative context (Weber, 1978). A couple of groupings of social rules are commonly recognized. These include those that reveal simple behavioural arrangements that are not indispensable to the legal order. Another is those that reveal an internalized conviction that the implementation is essential or publicly sought-after. A simple behavioural regularity, missing the qualitative component of opinio iuris, does not produce a customary rule. In legal terminology, such behaviour is a sheer usage; in economic contexts it merely stands for an

The current strategy of Sony Essay Example | Topics and Well Written Essays - 3250 words

The current strategy of Sony - Essay Example As such, it can be said that Sony aims to become the leading global provider of networked consumer electronics and entertainment which is to be attained by strengthening its core businesses, enhancing network initiatives; and leveraging international growth opportunities to build for the future and drive further growth and profits for the company. Since innovation is at the heart of Sony’s business model, Sony intends to enrich its strengths with external expertise by accelerating the efficiency of R&D, as well as by enabling the company to effectively respond to rapidly changing customer needs and preferences in the network era. Thus, through the creation of new user experiences, strengthening core businesses, driving innovation, and minimizing the environmental impact of its operations, Sony strives to achieve not only sales volume, but also sustainable and profitable growth. Furthermore, Sony believes that the key to achieving such goals lies on accelerating and aligning its business operations. In this light, two business groups were formed during the formation of this strategy: the Network Products and Services Group and the New Consumer Products Group. The Network Products and Services Group is comprised of Sony Computer Entertainment, personal computers, mobile products including the Walkman, and Sony Media and Software Services. Through this group, Sony aims to bring new technologies to the market and increase the pace of innovation. Along with the introduction of new technologies, Sony also created digital services that tie together all of its products, thus, sustaining profitability and maintaining a cohesive corporate culture. On the other hand, the New Consumer Products Group is composed of television, digital imaging, home audio, and the video business. Through this Group, Sony targets to achieve profitability and growth through product innovation, as well as to improve efficiency and speed of operations. In between these two groups are two teams that help in software development and render logistical support. The first is called Common Software Technology Team. It develops and implements integrated technology and software solutions. The second one is called Manufacturing/Logistics/Procurement team that ensures efficient supply chain solutions for the aforementioned business groups. With this, a brief look at the financial report of Sony in 2008 reveals that there is a substantial increase in terms of its net income as driven by the increase in sales. Thus, such figure can be attributed to the growth in sales. Summarizing all the gathered information, it can be claimed that the strategy of Sony banks pri marily on the internal alignment and reorganization of its primary business units in order to increase production efficiency while minimizing costs. Q2. Evaluate the strategy being adopted by Sony to regain lost market share. Reference to the material presented in book Strategy for Business, which theory/concept that the current strategy of Sony was based on. You need to critically justify your argument  The business strategy of Sony, which banks on strengthening the coordination among its core business through the creation of