UK Human Rights Essay Example | Topics and Well Written Essays - 3000 words

UK Human Rights - Essay Example Generally, nation states have been the final arbiters of most issues affecting their citizenry and within their borders. By treaty, the signatory nations of Europe have granted the ECHR binding authority to decide cases affecting their citizenry and other persons subject to their authority. In instances where state law is found inconsistent with an ECHR judgment, the nation at issue is obliged to amend its national law to comport with the ECHR decision. These cases illustrate the concept of what is increasingly being referred to as an evolving European supranational identity. The ECHR grants jurisdiction to any individual, non-governmental organization, or group claiming be a victim of a violation of the European Convention by a ECHR signatory nation, and to bring cases before it, as does, in applicable cases, the European Court of Justice (the "ECJ"), the court of the European Union, based in Luxembourg. The Human Rights Act has gone a long way in limiting arbitrary actions from public bodies, in particular, police officers. It cannot be denied, however, that the laws on "breach of the peace" grant have historically been so vast in scope that in some occasions, human rights violations arise. The definition of "breach of the peace" (also known as breach of the Queen's peace) has been discussed in the Court of Appeal decision of Howell3, where it was stated as follows: We are emboldened to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance. It used to be that the prospect of violence alone would not be enough to be considered a "breach of the peace", as in the comment of Farqhuarson LJ that "The act which puts someone in fear of violence taking place entitles a police officer...to detain the actor but it is not a breach of the peace, for the violence has not yet occurred."4 There has been scant support for this view, such that in the present time, "breach of the peace" also embraces "behaviour likely to cause a violent reaction", even if such behaviour is not of itself violent. The policy of the law has been recently discussed in the case of Humberside Police v. McQuade5, where it was held that: "the policy of the law relating to arrest for breach of the peace is plain enough. Its purpose is to deal with emergencies. The power of arrest may be exercised without a warrant and belongs to the ordinary citizen as much as to the constable." In a handful of cases, the European Court of Human Rights has found that there is no contradiction between the concept and the Human Rights act of 1998. The most cited case is the case of McLeod v. United Kingdom6 , where the Court held as follows: "The concept of breach of the peace has been clarified by the English courts over the last two decades, to the extent that it is now sufficiently established that a breach of the p

NIKE CASE STUDY based on Corporate Strategy Essay

NIKE CASE STUDY based on Corporate Strategy - Essay Example By focusing differentition on product, businesses could commnd premium prices for their products. Products represented top-of-the-line offerings in the industry. In this mrket, degree of differentition is not lrge. Nike entrees mrket where competitors cn differentite their products nd tht is why hve less rivlry. Rivlry is reduced where customers hve high switching costs - i.e. there is significnt cost ssocited with the decision to receive products from n lterntive competitor. Nike proposes to its customers competitive prices nd ensure customer stisfction. Nike's min competitor (Dniels et l 2006), dids, follows the strtegy which hs gret impct on competition. The nlysis suggests tht ny superior mtch between compny competencies nd customers needs permits the firm to outperform competitors. In generl, Nike bses its competitive strtegy on overll ledership nd differentition constructing the most efficient fcilities (in terms of scle or technology) nd obtins the lrgest shre of mrket. These dvntges, in turn, give them substntil led in terms of experience with building the service. Experience then leds to more refinements of the entire process of production, delivery, nd service, which leds to further cost reductions. Nike hs mrketble portfolio which ensures its ledership position on the mrket. The study reveled tht Nike does not pursue low-cost strtegies. Within these globl competitive environments, Nike overwhelmingly emphsizes differentition strtegies, where competitive positioning is predominntly bsed on qulity offerings nd brnd imge. Qulity is lmost universlly stressed s necessry determinnt of competitiveness. nother theme evident in the findings is the importnce strtegy-industry fit plys in determining business unit performnce. Here it is recognized tht perceptions of industry pressures my be more importnt thn the ctul pressures in determining strtegies nd hence performnce (Johnson & Scholes 2003). Question 2 In order to improve its strtegies position, Nike should chieve competition dvntge nd re-position itself. The compny cn position itself s premium brnd which proposes exceptionl qulity. While ll businesses my emphsize qulity, some my select strtegy bsed on further differentiting their offerings ccording to the qulity of the products nd services they provide. Indeed, in this study one of the dominnt competitive positioning strtegy types identified is 'high-qulity" (Johnson & Scholes 2003). Here, the emphsis on qulity permetes every ctivity long the vlue chin; qulity is clerly the overriding determinnt of competitive positioning. The exceptionl qulity is crucil for footbll tems nd the 2008 Europen Chmpionship. In this cse, qulity domintes competitive positioning nd differentites businesses in globl scle. Here, qulity is consistent with both innovtion nd speciliztion (Dniels et l 2006). Mngeril perceptions of strong pressures re evidence tht lrge number of businesses competing in globl industries mke imprecise ssessments of globl industry opportunities nd threts. It is possible to ssume tht Nike's competitors will follow cost focus strtegy nd cost differentition. dids, direct competitor of Nike, provides comprble buyer vlue but perform the ctivities less efficiently. In contorts, Nike performs the ctivities in unique wy which rises the vlue to the consumer nd thus llows them to commnd premium price - the