Introduction to Business Law

Introduction Generally, statutes provide a mechanism for the legislature to ensure that citizens live and act within set legal boundaries. It thus follows that any interpretation of statutes has constitutional repercussions. Ostensibly, legal systems in the world can be classified into two general categories.Advertising We will write a custom essay sample on Introduction to Business Law specifically for you for only $16.05 $11/page Learn More On one hand is the common law that has its origins in England while on the other hand is civil law which has its beginnings in Ancient Rome (Ahlstrom Bruton 2009). Civil law makes use of statutes as the main building blocks and relies heavily on legal scholars to interpret legislations by Parliament. Confusion may, however, result in the event that courts are not able to determine with absolute certainty what the intention of the legislators (Corcoran Bottomley 2005). In a system where powers are separated, the st atutory interpreter is usually different from those charged with the responsibility of enacting the statutes. Often, the interpreter is the judge while those enacting are legislators. Considering that differences in perspectives are very common, dynamic interpretation may be experienced time and again. Ostensibly, statutory interpretation is a vital judicial tool that has been used by judges for many years to safeguard basic rights in the common law. Seemingly, the different stages involved in the creation of a statute often ensure that errors are addressed in good time (Kafaltiya 2008, p. 108). Customarily, judges use different strategies when interpreting statutes. No guidelines exist and there is no commonly accepted standard of interpretation. This notwithstanding, there are basic principles that must be adhered to by judges as they interpret legislations. According to Sadurski (2002, p. 67), courts sometimes make efforts to interpret legislations in a way that is consistent wit h human rights. In some situations, legislatures endorse customs that may be used by courts during interpretation. Powers Available to Courts in Connection with Statutory Interpretation In England and Wales, the interpretation of statutes is a privilege accorded to courts and tribunals. A team of highly skilled people is charged with the responsibility of drafting statutes on behalf of the legislature before they can be passed to the courts for interpretation. However, there are challenges that result from the fact that those who draft the statutes may not be able to address every possible situation that may be encountered at a later time (Adams 2012, p. 23). It is also possible that the process may be so rushed to an extent of leaving out important details in a given legislation. As stated earlier, the principles that govern statutory interpretation are not well organized and the whole process of interpretation is largely controlled by the common law. Allegedly, this creates room f or any new developments to be undertaken by courts in order to deal with new problems as they arise. As a result, it is assumed that statutes provide a clear indication of what judges actually mean (Adams 2012, p. 57). Judges provide interpretations based on what is presented to them and as such meet the expectations of the legislators.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Evidently, judges are not allowed to rewrite any statutes and are required exercise their powers in a modest manner. There are, however, some cases where a judge may not be able to tell what the intentions of the legislators are. The language used by Parliament may, for example, lead to a situation where judges give an interpretation that is totally different from what was originally meant. To understand the intentions of Parliament and thus avoid the language confusion, it is advisable for the court to rea d the entire statute and give the correct meaning to every word in it. The limited class rule is sometimes used to provide a general interpretation of a word. As the courts are simply required to interpret and not re-write legislations, it is impossible for the judges to fill up any gaps left by the legislative body. Courts may, however, overcome such challenges by carefully interpreting legislations. According to Sarat (2008, p. 251), it is absolutely impossible to come up with a statute that covers all possible issues that may be encountered in relation to it. As a result, courts may be faced with serious challenges when conditions change. Since courts can not fill legislation gaps, they are limited to determining whether a statute is applicable in a case where circumstances are deemed to have changed. The courts may also be allowed to take into consideration the deliberations of the legislators prior to passing a Bill. Reference to such deliberations during statutory interpretati ons was, however, not allowed in England and Wales until 1993. Regrettably, there are limitations to this strategy as it may not be applicable in situations where it can be determined that conditions have changed drastically. According to Amar (2012, p. 341), the limitation imposed on courts regarding the application of statutes in changed circumstances is largely responsible for the delays experienced in dealing with such cases. It is thus imperative to establish mechanisms of speeding up the process. Engagement of Judicial Precedent with Statutory Interpretation A precedent may be defined as a past event. Legally, it serves as an important guide for judges. Judicial precedent is a vital part of the common law system according to which a judge is required to make a ruling on a case guided by an earlier decision in a similar case. Under the common law system, legal precedent plays a big role and judges have the freedom to interpret a law and provide a basis on which future cases may be heard and decided (Ahlstrom Bruton 2009). In comparison to other countries, the legal system in the United Kingdom follows the requirements of judicial precedent very strictly. Practically, lower courts are required to abide by a past ruling of a superior court in interpreting statutes.Advertising We will write a custom essay sample on Introduction to Business Law specifically for you for only $16.05 $11/page Learn More The appellate court on the other hand is expected to abide by its past rulings in similar cases. Arguably, the doctrine of judicial precedent provides for either binding or persuasive precedent. While binding precedent is mandatory and must be adhered to by lower level courts, persuasive precedent serves as an important guide for judges when deciding on similar cases. Apparently, questions about judicial precedent tend to concentrate more on the way the doctrine works or operates. To a large extent, the fact that cases may be consid ered retrospectively implies that judges have the flexibility to use judicial precedent to interpret statutes (Mitchell Dadhania 2003). In the event that a judge comes across a case where a relevant previous ruling made by the court exists, the judge has four possibilities. He or she may follow the earlier judgment if it is clear that the facts in the current and previous case are similar, make a distinction if it is established that the facts are completely different, overrule the earlier decision in case there is a disagreement with the decision arrived at by a lower court, or reverse the previous ruling by a lower court if an appeal is made and the higher court can determine that the lower court failed to interpret the law correctly. There are several advantages that may be associated with the application of judicial precedent in statutory interpretation (Schyff 2010, p. 51). First, there is consistency in the application of the law and this provides a sense of equality and just ice. Secondly, there is certainty considering that many cases exist that have been dealt with before and this enables lawyers to advice their clients with confidence. Finally, the options made available to judges create room for fair application and further development of the law. There are, however, some difficulties associated with the use of judicial precedent in statutory interpretation. First, the use of judicial precedent is quite rigid and limits judicial discretion. There is also a danger of slowing down the judicial process as judges are expected to spend quite some time perusing previous cases. It may also lead to the creation of illogical distinctions by judges who may not be willing to follow an existing precedent. Finally, the court has no choice but to rely upon a suitable case where changes to the law have to be made. Conclusion As has been explained in this paper, statutory interpretation is a vital tool for preserving fundamental rights that affect our day to day li ves. While judges have the leeway to interpret legislations as they see fit, they can only do so within certain limits. In the event that powers are separated, there is a danger that the legislations may be poorly interpreted. Whilst many options exist for interpreting statutes, the most commonly used is judicial precedent. As a source of law, judicial precedent allows judges to make reference to past judgments and apply the reasoning used if circumstances of the cases involved are similar.Advertising Looking for essay on business corporate law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Reference List Adams, A 2012, Law for Business Students, Pearson Publishing, Edinburgh Way, Harlow. Ahlstrom, D Bruton, G 2009, International Management: Strategy and Culture in the Emerging World, Cengage Learning, Mason, OH. Amar, AR 2012, America’s Unwritten Constitution: The Precedents and Principles We Live by, Basic Books, New York. Corcoran, S Bottomley, S 2005, Interpreting Statutes, Federation Press, Sydney, Australia. Kafaltiya, AB 2008, Interpretation of Statutes, Universal Law Publishing, New Delhi. Mitchell, AR Dadhania, M 2003, As Level Law, Psychology Press, Hove, United Kingdom. Sadurski, W 2002, Constitutional Justice, East and West: Democratic Legitimacy and Constitutional Courts in Post-Communist Europe in a Comparative Perspective, Kluwer Law International, The Hague, Netherlands. Sarat, A 2008, Constitutional Politics in a Conservative Era, Emerald Group Publishing, West Yorkshire, UK. Schyff, G 2010, Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa, Springer, New York. This essay on Introduction to Business Law was written and submitted by user Sonny E. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Community Based Tourism and Sustainable Tourism Development Essays

Community Based Tourism and Sustainable Tourism Development Essays Community Based Tourism and Sustainable Tourism Development Essay Community Based Tourism and Sustainable Tourism Development Essay The promotion of community-based tourism has recently been discussed as a valuable method in achieving sustainable tourism development. Its benefits are easily recognized as facilitating improvements in local communities while reducing the negative social, economic, and environmental consequences of tourism development. However, community-based tourism alone cannot necessarily lead to sustainability in a given area; only with the cooperation of the local stakeholders and with the presence of organizational and/or behavioural conditions in the community. Matarrita-Cascantea, Brennan, and Luloff, 2010:735) This essay will examine the different tools used for monitoring and evaluating sustainability as it pertains to community-based tourism, and its effectiveness and limitations. A focus will be placed on the guiding principles, which include community control and empowerment, natural and cultural sustainability, and economic sustainability. (TIES, 2005) Before examining the methods used in evaluating sustainability, a definition of sustainability must be offered. According to the Berlin Declaration on Biological Diversity and Sustainable Tourism, Tourism should be developed in a way so that it bene? ts the local communities, strengthens the local economy, employs local workforce and wherever ecologically sustainable, uses local materials, local agricultural products and traditional skills. Community based tourism, then refers to local tourism developed in local communities in innovative ways by various individuals and groups, small business owners, entrepreneurs, local associations and governments. (Hatton, 1999) By incorporating community-based tourism into the evaluation of social, economic, and environmental sustainable tourism development, ideally a sustainable community centred on tourism can exist. The recent concept that communities should have ultimate power in deciding their fate and the fate of their community as it relates to tourism development, is growing in interest. As a result, tourism researchers consider community-based approaches to be a requirement for successful and sustainable tourism development. (Taylor 1995; Din 1996; So? eld 2003) By giving control over resources to the locals, this facilitates residents control of their own lives since they are more attached to the shared problems of the community and attempt to work together to mend them. Various aspects of community-based tourism include accessibility, community participation, and the wellbeing of the host community. These issues are all objectives of community based tourism in establishing sustainable tourism development and fall under the pillar of social justice; one of the three pillars of sustainability which include environmental integrity, social justice, and economic development. (Adams,2006) mendelbio. com/sustainability/index. php (picture) These aspects are measured through various tools, including but not limited to Participatory Rural Appraisal, social exchange theory, sampling, interviewing, and through surveys. A case study conducted in La Fortuna, Costa Rica, examined the local social interactional elements needed for the community to achieve sustainable tourism practices. (Matarrita-Cascantea, Brennan, and Luloff, 2010:735) By using key informant interviews and participant observation, they were able to measure community involvement and empowerment and show that these elements are possible with the establishment of community agency, the construction of local relationships that increase the adaptive capacity of people within a common locality. Matarrita-Cascantea, Brennan, and Luloff, 2010:735) The interviews conducted included open-ended questions about the communitys past and present characterization, the residents view of the community, community satisfaction, general concerns, future expectations, and tourism development. The interviews were taken by 34 individuals in the community who were knowledgeable and actively involved in the community, with no regard to social or economic statu s of interviewees. (Matarrita-Cascantea, Brennan, and Luloff, 2010:735) As well, participant observation was used, which enhances the understanding of the group being observed. (Denzin, 1989:157) The participant observation methods used, included conversations with local residents and extra-local persons knowledgeable of the community; reviewing local brochures, bulletin boards and newspapers; examination of secondary data from the National Census and Statistics Institute, university studies and Costa Ricas State of the Nation publication; attending local community meetings; and observation of daily activities. (Matarrita-Cascantea, Brennan, and Luloff, 2010:735) Through these measurements, it was concluded that sustainable tourism development could be achieved if community agency was strong and if locals maintained ownership and control of the community resources. This provides an example of successful community based tourism used in evaluating socially sustainable tourism development. However, not all attempts at community based tourism as it refers to local empowerment and control have been successful, since many limitations are present. Limitations examined in the Langkawi Islands of Malaysia, include government control in decision making processes and weaknesses of the existing participatory approach. In the Langkawi Islands in Malaysia, excessive control by the government limited the locals involvement in the decision making process. (Marzuki, 2008:327) Locals were surprisingly aware of the situation, and knew that they didnt have the opportunity to raise questions or concerns at the draft plan exhibition for new developments, and if an enquiry was made, it was likely not to be acted upon. One respondent was quoted as saying, Usually, the decision was made at the top level of administration without in-depth involvement from the local level. Even when they (government officials) went to the local level, the approach used was not effective because we were not able to be actively involved. (Marzuki, 2008:327) Another major concern in Langkawi was the weakness of the existing participatory approach. It was found that locals were only involved in the early stages of participation, and left out of the major decision making processes. Surveys and interviews that were carried out, were merely to inform the residents of changes in the community, and less about their reactions or opinions. An officer from the government department did not deny these statements, saying One of the failures was when we did the Structure Plan or Local Plan, the consultant carried out the household survey among the community and they claimed that that was public participation. That was right, but it was only a one-way communication approach. I mean the residents just filled the questionnaire without having a discussion with the consultant to draft the plan together. (Marzuki, 2008: 327) Both of these limitations demonstrate that methods were established that allowed for local participation, yet were not followed through ultimately to the final decision making process. This is seen frequently in sustainable tourism, where the initiatives and goals are established for sustainable practices to exist, but either fail to be acted upon entirely or are not completely followed through. As seen, community participation can lead to social empowerment and can work successfully in smaller communities where community agency is present, but can falter in places where government control is embedded in the culture and where existing participatory approaches are unsustainable. There are several objectives of community based tourism, as it pertains to economic sustainability of the host community including increased local economic diversity through different entrepreneurial efforts as well as increased self-reliance of the host community. These can be developed together with locals having direct access to natural resources, which would provide sustenance for the community, while at the same time, establishing self-reliance. (Shuman, 1998) This is particularly important, as global economic forces and the internationalization of markets have proven to have devastating consequences on community life. In many areas the industrial base has been wiped out and little has replaced it except a growing service sector that, at best, provides low-wage, unstable employment. (Shragge, 1997:7) With the formation of communitys of this include the Community Development Association: ADIFORT and the Association of Micro Entrepreneurs: AMITURFOR in Costa Rica. (Matarrita-Cascantea, Brennan, and Luloff, 2010:743) A balance must be made, however, with the possibilities of economic growth and the conservation of the natural environment and resources. Several objectives pertaining to the environmental sustainability of the host community include local decision making in regard to the sustainable use of resources, protection of biological diversity, stewardship of natural resources, and management of waste products. A case study on The La Ruta Moskitia Ecotourism Alliance (LARUMO Alliance) in Honduras consists of six indigenous communities which have developed local services and products within the Rio Platano Biosphere Reserve, that are 100% community owned and operated bringing all the financial benefits directly to the local community. LARUMO Alliance, 2011) Employment is separated into ecotourism enterprise groups that include well-trained operations and financial managers, guides, boat drivers, cooks, and housekeepers who earn revenue through employment and by sharing end of year profits amongst the group. (LARUMO Alliance, 2011) This is linked to environmental sustainability, as the locals earn income from local employment within tourism which in turn takes jobs away from hunting, over fishing, and extractive land practices such as slash and burn agriculture and cattle grazing. (LARUMO Alliance, 2011) This is an important aspect of community based tourism, especially for rural, resource-dependent communities, who rely heavily on the environment. Other ways LARUMO Alliance is a successful example of economic and environmental sustainable tourism development, is through supporting local conservation projects, using all natural building materials, keeping tour groups to 12 people or less, and in working to establish special use zones in the Reserve which protect the wildlife habitat. There are various ways in which economic sustainability is measured and evaluated as it pertains to community based tourism, including mapping, visualisation, and participatory GIS (geographical information systems). In the case study of Marahau, New Zealand to aid the community in future development and economic opportunities, an aerial photograph was chosen as a base map, which provided the greatest visual detail of the community area. (Hasse, Milne, 2005) Anderson et. l (2004) provided the photographs, coloured stickers, and a simple questionnaire to garner a response about the changes occurring in the community and their personal goals for future development. The research demonstrated, that the methodology was attractive to all ages, didnt require respondents to have facility in writing or speaking, was challenging but enjoyable and was an educative experience for participants and researchers alike. (Anderson et al. 1994:41) Another form of measurement, suggested by Hasse and Milne (2005) is the combination of participatory approaches with GIS, what is termed as PAGIS. Hasse and Milne (2005) believe, that There is the potential to develop more applicable participatory approaches to collecting, analysing and representing information from multiple stakeholders and combining those with the process bene? ts GIS can offer. These methods can enable local people to share, enhance and analyse their knowledge of life and conditions and to plan, act, monitor, and evaluate. (Hasse, Milne, 2005:278) By measuring economic sustainable tourism development, greater insight can be gained regarding the feelings and ideas of the local community about their future tourism development goals and in helping them achieve these goals. Measurements involved in environmental sustainable tourism development include interviews, environmental management concepts, and the establishment of conservation projects and organisations. Interviews revealed that respondents had changed their view on the environment after the introduction of tourism to the local community. According to KIs, La Fortunans appreciated nature more after interacting with tourists who came to their area for its natural environmental beauty, making locals realise what a beautiful place they come from. ( Matarrita-Cascantea, Brennan, and Luloff, 2010:747) Conservation projects followed, with the establishment of ADIFORT came water treatment plants, recycling programs in schools, and reforestation efforts. La Ruta Moskitia now provides a baseline for other communities to copy and develop the same projects and sustainable benefits that they have in Honduras. Limitations, however, are present, with the power struggles that often occur with the presence of multiple stakeholders that all possess differing opinions about community based tourism. Several limitations presented when dealing with the Sea Canoe case study involve the initial establishment of companies in Phuket and Ao Phangna by foreign expats, or farangs. In the case of Sea Canoe, for example, the high status of John Gray, a farang, have allowed the company to address local mafia intimidation, the corruption of local tourism and national park officials, and the illegal or unethical practices of several of Sea Canoes competitors (Shepherd, 2002). This is a benefit and a limitation, as it has been argued that having foreign investment and control in the community is not in the best interest of the locals if true community based tourism is to exist. As well, in interviews conducted with the owners of other sea kayaking companies, Kontogeorgopoulos discovered that the success enjoyed by Sea Canoe, a farang company, has also provoked resentment among the Thai owners and employees of Sea Canoes competitors. (Kontogeorgopoulos, 1995:14) However, with the poor backgrounds of the locals combined with their lack of power against the government and competing companies, especially minority groups such as the Malay Muslims, farang involvement has been a catalyst for positive economic sustainable development in the area; primarily with the Sea Canoe case study. This is due to the fact that the Muslim minority possess low status within mainstream Siamese society, and are therefore less willing or able to address certain problems as directly or as forcefully as the farangs have done. (Kontogeorgopoulos, 1995). This demonstrates that blurred lines exist involving what is the best method for achieving community based sustainable tourism development. Community based tourism in environmental terms has its limitations as well, with companies such as Sea Canoe who end up threatening the area and community which they are trying to protect. Sea Canoes exploitation of Ao Phangngas resources encouraged the rapid increase in the number of operators bringing tourists into the same caves and lagoons in Hong and Phanak. (Kontogeorgopoulos, 1995) By 1999, and continuing until this day, the total number of sea kayaking companies have climbed to 20, spinning off of the sole popularity and success of Sea Canoe. With competitors focusing less on safety issues and more on income from tourists, competitors carry up to 30 people per escort boat, and purchase inexpensive, spotty equipment. Kontogeorgopoulos, 1995) For example, Overcrowding and sloppy attention to safety led to tragedy in early-1997, when a guide from one of Sea Canoes early competitors was dragged under a boat and killed by its propeller. (Mecir, 2000) This is just one example of limitations that exist, when competition and greed take over medium to large communities and community agency seizes to exist. As demonstrated, the success, in terms of sustainability, for any community-based tourism initiative lies in cooperating with the local communities and empowering them to continue to grow and develop tourism, while being aware of the limitations and pitfalls that tourism can bring. With various case studies showing ample examples of successful and effective community-based tourism efforts, as well as negative implications and limitations, it is shown that sustainability can be effectively accomplished in community-based tourism only if all aspects of community based tourism development can come together. In the future, with a growing popularity in sustainability, hopefully small scale community-based tourism initiatives will be key in effectively developing sustainable tourist destinations. And in general, the most useful way of thinking about sustainability is not necessarily to think of it as an end-point, but rather as a guiding philosophy which incorporates certain principles concerning our interaction with the environment. (Holden, 2008 :162)