BGR Exam
BGR Exam
Migrants who risk all in search of a better life are easy prey for people smugglers,
whose unscrupulous activities have created a criminal industry worth billions
Everyone agrees there is not enough data. No one knows how many migrants are
smuggled.
The cost varies depending on the distance, destination, level of difficulty, method
of transport (air travel is dearer and requires fake documents) and whether the
migrant has personal links to the smugglers, or decides to work for them.
Money is often paid in installments as migrant moves from one group of
smugglers to the next.
The cost can involve buying fraudulent visas.
Afghans make up the majority of migrants attempting to cross the
Mediterranean, are often driven for free from Khartoum in Sudan to Ajdabiya
on the Libyan coast, where they are locked up and tortured until relatives pay a
ransom.
Smuggling migrants involves recruiters, transporters, hoteliers, facilitators,
enforcers, organizers and financiers.
Judicial systems are really struggling with handling and understanding the
complexity of all these factors.
You have small groups handing the migrants over to the next groups. Its very,
very difficult to track the money,
The protocol against the smuggling of migrants by land, sea and air, which
supplements the UN convention against transnational organized crime, came into
force in January 2004, and 141 countries are party to it.
Reasons:
Poverty, oppression, lack of human rights, lack of social or economic
opportunity.
Political instability, militarism, civil unrest, internal armed conflict and
natural disasters may result in an increase in trafficking.
Corrupt government officials, the involvement of international organized
criminal groups or networks and limited capacity of or commitment by
immigration and law enforcement officers to control borders.
Lack of adequate legislation and of political will and commitment to
enforce existing legislation
Negative
Depression of wages may occur but this seems to be temporary.
Having workers willing to work for relatively low pay may allow employers
to ignore productivity, training and innovation.
Migrants may be exploited.
Increases in population can put pressure on public services.
Unemployment may rise if there are unrestricted numbers of incomers.
There may be integration difficulties and friction with local people.
Large movements of people lead to more security monitoring.
Ease of movement may facilitate organised crime
Negative
Economic disadvantage through the loss of young workers
Loss of highly trained people, especially health workers
Social problems for children left behind or growing up without a wider
family circle
Solutions
Countries of origin
Developing programs that offer livelihood options and include basic
education, literacy, communication and other skills, and reduce barriers to
entrepreneurship
Fostering of social, economic and political stability, and the reduction both
of migration caused by deep poverty and of supply factors of trafficking.
Enhancing job opportunities SMEs
Eliminate discrimination
Promoting good governance
Countries of destination
Monitoring, administrative controls and intelligence gathering on the labor
markets balance between the demand for inexpensive labor and the
possibilities of regular migration.
Establishment of list of suspicious vessels and monitoring of these vessels
Information and prevention campaigns in third countries on risks of
smuggling
Both
Cooperation with origin countries and improved gathering and sharing of
information
Launching cooperation with financial institutions to step up
financial investigations
Experts say migrant smuggling must be transformed from a low-risk, highreward enterprise to a high-risk, low-reward one.
Adopting or strengthening legislative, educational, social, cultural or other
measures and, where applicable, penal legislation.
BGS Relations
Business: is an institution which makes profit by providing goods and
services that satisfy human needs.
Government: is a body of people that sets public policy and exercises
political power through institutions and laws within a state.
Society: people living together in organized communities with shared laws,
traditions, and values
S&G
Political base (Democratic vs Totalitarian)
Economic doctrine (Capitalism vs Socialism)
Laws and regulations
Security and national sovereignty
B & G:
Regulations
Taxes
Investment directions
Interest rates
B & S:
Customers
Employment
CSR
Consumer protection
Consumer protection is a group of laws and organizations designed to ensure the
rights of consumers as well as fair trade, competition, and accurate information in
the marketplace.
Contract law
A contract is an agreement which legally binds the parties. Each party is free to
accept or reject the terms of the other
http://www.lawhandbook.org.au/handbook/ch12s01s02.php
The basic elements constituting a contract are as follows:
Offer
Acceptance
Intention to create legal relations
Consideration
Certainty
Capacity
Consent
Legality
Law of tort
Tort laws are laws that offer remedies to individuals harmed by the unreasonable
actions of others.
Tort laws involve civil suits, which are actions brought to protect an individuals
private rights.
Intentional torts are usually offenses committed by a person who attempts or
intends to do harm. For intent to exist, the individual must be aware that injury
will be the result of the act. A common type of intentional tort is assault.
Assault refers to an overt attempt to physically injure a person or create a feeling
of fear and apprehension of injury.
Negligence Torts: Liability for negligence arises when one person breaches a duty
of care owed to another.
Generally, a duty of care arises where one individual or group undertakes an
activity which could reasonably harm another, either physically, mentally, or
economically
The phrase caveat emptor arises from the fact that buyers typically have less
information about the good or service they are purchasing, while the seller has
more information. The quality of this situation is known as information
asymmetry.
Imperfectly rational consumers systematically misperceive the benefits and costs
of products.
Product liability is the area of law in which manufacturers, distributors, suppliers
and retailers are held responsible for any injuries products cause. Regardless of
any contractual limitations of liability if a product or any of its component parts
are defective its manufacturer may be liable for damage under the Consumer
Protection Act (CPA) or the common law of negligence.
Advantages:
Consumers will be more aware of product hazards and enable consumers
to make an informed choice at time of purchase
Consumers welfare will be enhanced by seeking out the most economical
and efficient ways of achieving safety objectives.
Disadvantages:
Government regulations generate costs for businesses
Poor and middle income families may be priced out of some markets for
consumer products
Could provide a false sense of security.
Governance in LDCs
Governance is the art of managing societies and organizations
Good governance is a prerequisite for sustained increase in living standards of the
society, and finding solutions for inefficient, corrupt, and unaccountable
governance will unlock developmental progress
Developed countries have better governance
Countries that have well established governance institutions will invest more in
both physical and human capital
Criteria of LDCs
GNI Per Capita
$745 threshold for inclusion
Some characteristics
Access to finance
It is an important source of growth
In Ethiopia in recent studies it is estimated that less than 10% of households have
access to formal credit
In Kenya in 2005 limited access to financing was a problem that was experienced
across the board with only about 10% of the population having access to banking
services.
The proportion of the adult population using different forms of formal financial
services has increased to 66.7% in 2013, amongst the highest in Africa mainly due
to the implementation of mobile financial services.
Solutions
Each of the ten year UN Programmes of Action (PoAs) cover the framework for
international cooperation by outlining the development strategies, the priority
areas for policy intervention and the special support measures envisaged for
LDCs.
The United Nations PoAs for LDCs grants provisions for giving priority to LDCs in
the allocation of official development assistance (ODA). It started with the first
United Nations Conference on the LDCs in 1981 stating that the members of the
The goals set by the PoAs were too ambitious in relation to the measures
introduced to achieve them; even where reasonable goals were set, inadequate
external support, misguided domestic policies and unforeseen shocks such as
natural disasters and conflicts made it difficult to implement the strategies
Corruption
Corruption is the misuse of entrusted power (by heritage, education, marriage,
election, appointment or whatever else) for private gain.
Former Israeli Prime Minister Ehud Olmert case: City officials are alleged to have
taken bribes during Olmert's term as mayor of Jerusalem, between 1993 and 2003
to speed up a controversial residential development, known as Holyland, in the
heart of the city.
In January 2012, he was one of 18 people charged with giving or receiving bribes
in connection with the development.
Olmert was convicted in March 2014 and later sentenced to six years in prison. He
has been allowed to stay out of jail while his lawyers appeal.
Solutions:
Environmental Management
Regulations
Environmental law - or "environmental and natural resources law" - is a collective
term describing the network of treaties, statutes, regulations, and common and
customary laws addressing the effects of human activity on the natural
environment.
The core environmental law addresses environmental pollution. Other regulations
focus on the management of specific natural resources, such as forests, minerals,
or fisheries. Other areas, such as environmental impact assessment, may not fit
neatly into either category, but are nonetheless important components of
environmental law.
Impact assessment
Formal process used to predict the environmental consequences of a plan, policy,
program, or project prior to the decision to move forward with the proposed
action
Air quality
Air quality laws govern the emission of air pollutants into the atmosphere. A
specialized subset of air quality laws regulate the quality of air inside buildings. Air
quality laws are often designed specifically to protect human health by limiting or
eliminating airborne pollutant concentrations. Other initiatives are designed to
address broader ecological problems, such as limitations on chemicals that affect
the ozone layer. Regulatory efforts include identifying and categorizing air
pollutants, setting limits on acceptable emissions levels, and dictating necessary
or appropriate mitigation technologies.
Water quality
Water quality laws govern the release of pollutants into water resources,
including surface water, ground water, and stored drinking water. Drinking water
regulations may be designed solely with reference to human health. Many others,
including restrictions on the alteration of the chemical, physical, radiological, and
biological characteristics of water resources, may also reflect efforts to protect
aquatic ecosystems more broadly. Regulatory efforts may include identifying and
categorizing water pollutants, dictating acceptable pollutant concentrations in
water resources, and limiting pollutant discharges from effluent sources.
Improving EMS
An Environmental Management System (EMS) is a set of processes and practices
that enable an organization to reduce its environmental impacts and increase its
operating efficiency
The EMS provides a framework that helps a company achieve its environmental
goals through consistent control of its operations. The EMS itself does not dictate
a level of environmental performance that must be achieved; each companys
EMS is tailored to the companys business and goals.
Specifically, an EMS can help achieve the following:
Corruption
http://blogs.worldbank.org/futuredevelopment/six-strategies-fight-corruption
http://www.global-economic-symposium.org/knowledgebase/the-globalpolity/fighting-corruption-in-developing-countries/solutions/solution_1-fightingcorruption-in-developing-countries
http://faq.ph/stop-corruption-in-the-philippines/
Tort
http://www.inbrief.co.uk/sales-law/product-liability.htm
http://www.out-law.com/en/topics/commercial/supply-of-goods-andservices/product-liability-for-negligence/
EMS
http://www.bcorporation.net/sites/default/files/documents/bestpractices/em_i
mplementing_environmental_management_system.pdf