...While reading this case, “Unocal in Burma”, I thought that there were human rights issues but there were also situations that I thought might have been beneficial to the residents. There were improvements in the country due to the companies that decided to invest in the Yadana project. I will analyze four approaches namely, utilitarian, rights, justice and caring and discuss my point of view in relation to the case. Firstly, let us take a look at utilitarian approach in connection to Unocal and its Partners decision to invest in the Yadana Field project. Burma is a poor country and has been dealing with poverty for years now. Unocal and the other companies see that if they invest in this project there will be benefits for the companies but also for the people of Burma as well. Although it may be dangerous to transport gas above the ocean in a region where people live, the bigger picture would be how much people will be affected directed or if any at all verses how much revenue this would generate for the country along with benefits. This might be tricky since it is not possible to put a value or cost on someone’s life. Hence the greatest sum total of utility would be the revenue generated from the project allowing the government of the country fifteen percent of the stake, employment for the Burmese, improved health care, improvement in education, small business opportunities and new transportation infrastructure along with the profits for the company. Everyone has gained something...
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...Business Ethics Prof. Lacey 2/6/2014 Unocal Case Simac 1. The United Oil Company of California (Unocal) made the decision in the 1990’s to invest in energy projects outside of the United States and chose to invest in the “Yadana field” pipeline. There are many stakeholders involved in the international “Yadana Field” natural gas project. Unocal, Thailand’s PTT Exploration and Production Public Co., Total S.A., and the Burmese government (Myanmar Oil and Gas Enterprise) along with the employees of these companies are all major stakeholders in the project. These were the main participants that would directly benefit as a result of the project. The people who were living in the area that the pipeline was to be constructed are important stakeholders. Their lives are going to be greatly affected and interrupted by the construction of the pipeline. Thailand and other countries that are going to be buying the natural gas are also stakeholders as are the people living in these countries. The economies of these countries will benefit from the new source of fuel. By deciding to invest in the project, Unocal was confronted with many ethical issues. Unocal was very interested in participating in the project for several reasons, all of which were related to potential future profits and disregarded any harm that might come to the inhabitants of the pipeline area. Also, the majority of oil fields in the U.S. were near depletion so Unocal would have to begin investing in projects...
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...Unocal in Burma Charles L Currier ETH 316 September 8, 2014 John Bevell Unocal in Burma What is the moral responsibility of all participants? Burmese Government /Military: The moral responsibility of this Government / Military should be to make sure that their countrymen are compensated for the work that they do. Sense the hard labor is done by the Burmese people then their Government should hold Unocal responsible for paying them a daily wage for the work that they do. Unocal: Moral responsibility of Unocal is to take the responsibility to do research on the said territory and could choose not to go into an impoverished country where the Government / Military have no regard for the rights of humanity. Choosing to continue embarking on business agreements with impoverished counties without doing the proper research is unethical and immoral, and can show how a company can continue turning a blind eye to make a profit. What are the stakeholders' moral failings? The moral failings of the Burmese Government / Military, and Unocal are that they hold no regard for the Burmese people. Value, Virtue, nor ethics are being used here; it is an exploitation of a people. There is no one being held accountable for their actions. Unocal puts up a good front for special visitors, even though the United States State Department released findings that state differently about what is going on in Burma. What ideals or obligations are in conflict? The ideals and...
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...Is China really the Enemy? Conflicts between the US and China yet arise, as Chinese Firm, Cnooc, tries to buy a midsize American oil company. Cnooc is one of the largest oil firms in China and is government owned, and primarily wishes to acquire Unocal for $18.5 billion, and are willing to pay more if necessary. Although tensions arise in the US, as several states are against the deal from happening and are trying to veto the decision of the firm. Cnooc is mainly trying to procure Unocal for its offshore natural gas fields and its expertise in offshore exploration and production so that China can move from using coal to natural gas for energy. However, Republican representative, Richard W. Pombo, thinks that the acquisition of Unocal would be a threat against the national security as oil is one of the key commodities for military activity. People are against this deal from happening as they see China as a rising threat economically as well as militarily. Similarly Senator Bryan Dorgan drafted three anti-Cnooc legislations, as he believes that it would manufacturing jobs would be lost due to the acquisition. He also firmly believes that the Chinese government does not trade fairly with American companies as; they would not allow any Chinese company to be sold to an American Company, and thus the US should do the same. Similar situations rose over China, as the “economic modernists” see China as becoming the next superpower alongside the US, if fair trade is implemented, and...
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...and values of thinking critically apply to ethical logic because our instincts may be to do what’s morally right, but we should weigh our decisions before acting. We need to consider if our actions will do more harm than good, perhaps we are acting out of self-interest, or maybe feel a moral obligation despite the consequences. For example, in the early 1990s when Unocal decided to go into Burma to build a gas pipeline. Did they consider that partnering with a military dictatorship that has a history of human rights violations would benefit their people? Or were the stakeholders just focused on the end result despite the cost to achieve it? Unocal compromised moral and business ethics by not widening their perspective beyond generating revenue. If everyone followed a logical path, there would still be a need to principled decision making. Both have a close bond in regards to right and wrong. Logic pertains to the reasoning process of a difficult situation where ethical actions determine the outcome. Rationale helps us critically think about a difficult situation before applying our ethical deeds. For example, Unocal reasoned the benefits of employment, education and medical assistance to the region’s people were the pipeline was being constructed. Giving careful thought to their plans before executing because of the area’s instability. Their moral actions, in this regard, helped approximately 40,000 people in the area. Without ethical decision making practices, logic would analyze...
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...Bangladesh Bangladesh is important to world energy markets because of its large potential natural gas reserves. Bangladesh's location near India, plus southeast Asia, also makes it a potentially important regional energy trading hub. Note: information contained in this report is the best available as of February 2002 and can change. GENERAL BACKGROUND Bangladesh has received more than $30 billion in disbursed grant aid and loans from foreign donors (including the World Bank, the Asian Development Bank, the U.N. Development Program, the United States, Japan, Saudi Arabia, and Western Europe) since its independence in 1971, but remains one of the poorest and most densely populated countries in the world. Bangladesh historically has run a large trade deficit, which it finances largely through foreign aid and remittances from the many Bangladeshi workers abroad (largely in the Persian Gulf region). Overall, foreign aid provides Bangladesh with around 40% of government revenues and 50% of foreign exchange. The World Trade Organization (WTO) has stated that Bangladesh's main problems include civil unrest and political instability, natural disasters, and inadequate infrastructure. Bangladesh is primarily agricultural (around two-thirds of the labor force and 35% of the gross domestic product -- GDP), although urbanization is proceeding rapidly. This heavy reliance on agriculture makes Bangladesh vulnerable to natural disasters such as cyclones, floods, and droughts, as well...
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...Ethics in International Business Chapter Outline OPENING CASE: Wal-Mart’s Chinese Suppliers INTRODUCTION ETHICAL ISSUES IN INTERNATIONAL BUSINESS Employment Practices Management Focus: Making Apple’s iPod Human Rights Environmental Pollution Management Focus: Unocal in Myanmar Corruption Moral Obligations Management Focus: News Corporation in China ETHICAL DILEMMAS THE ROOTS OF UNETHICAL BEHAVIOR Personal Ethics Decision Making Processes Organizational Culture Unrealistic Performance Expectations Leadership Management Focus: Pfizer’s Drug Testing Strategy in Nigeria PHILOSOPHICAL APPROACHES TO ETHICS Straw Men Utilitarian and Kantian Ethics Rights Theories Justice Theories FOCUS ON MANAGERIAL IMPLICATIONS Hiring and Promotion Organization Culture and Leadership Decision-Making Processes Ethics Officers Moral Courage Summary of Decision-Making Steps SUMMARY CRITICAL THINKING AND DISCUSSION QUESTIONS CLOSING CASE: Google in China Learning Objectives 1. Be familiar with the ethical issues faced by international businesses. 2. Recognize an ethical dilemma. 3. Discuss the causes of unethical behavior by managers. 4. Be familiar with the different philosophical approaches to ethics. 5. Know what managers can to do to incorporate ethical considerations...
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...Critical Thinking Student’s Name University Affiliation Critical Thinking Analyze your chosen scenario from a critical thinking perspective. In this assignment, we are going to focus on the Unocal in Burma. Unocal is a company that was established in California in 1890 to help in the development of the oil fields in the country. However, the company highly failed in its obligations since, by 1990s, the oil fields in the United States were performing very poorly almost reaching depletion and the company turned its back and started to invest in other oil firms in the United States. This led it to invest in Burma since it was attracted by the cheap labor, availability of natural gas resources, political stability and also the connection that the region offered to other international markets. They managed to start their business in the area of laying down a pipeline wit the government providing them with security. Their business was however associated with violation of human rights, relocating individuals forcefully, forced labor as well as physical torture of the residents. What is the moral responsibility of all participants? The company first of all given the fact that they had been granted the right to conduct business in the country had the moral obligation to be socially responsible. The state provided them with a platform to do their business and make profits and in return, they should have given back to the society through corporate social responsibility. The...
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...Utilitarian perspective：By conducting the project, there were a far greater number of people got benefits from the projects. Rights perspective: 权利角度 Justice Perspective: The justice in ethics is ensuring that all are treated fairly and equally. Unocal position can be examined from the three types of justice. i) Distributive justice: It is concerned with the fair distribution of benefits in the society. ii) Retributive Justice: Punishment is morally accepted for breaking a law or rule. iii)Compensatory Justice: the just way to compensate people for what they have lost when they were wrong by other. Caring Perspective Ethics from caring point of view means the care to relations or care of people near to us. @In ethics moral responsibility depends on 3 components. Knowledge, freedom and involvement. Each factor contributes maximum in the moral responsibilities. Let’s see how Unocal was morally responsible.1.Knowledge:2. Freedom:3.Involvement: Religious Accommodation: An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship. Sex Discrimination: 1.Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age...
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...permission in writing from the publisher. Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 ISBN 0-13-008754-8 Pearson Education LTD. Pearson Education Australia PTY, Limited Pearson Education Singapore, Pte. Ltd. Pearson Education North Asia Ltd. Pearson Education Canada, Ltd. Pearson Educación de Mexico, S.A. de C.V. Pearson Education—Japan Pearson Education Malaysia, Pte. Ltd. Pearson Education, Upper Saddle River, New Jersey A D V I S O R Y C O M M I T T E E Arnold H. Kaplan (Chairman) Chief Financial Officer UnitedHealth Group Peter G. M. Cox Chief Financial Officer United Grain Growers Limited Gracie F. Hemphill Director—Research Financial Executives Research Foundation, Inc. Karl A. Primm General Auditor Unocal Corporation William M. Sinnett Project Manager Financial Executives Research Foundation, Inc. III...
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...IN#THE#SUPREME#COURT#OF#THE#STATE#OF#DELAWARE# # # PRAISE#VIDEO,#INC.,#A#DELAWARE#CORPORATION,# :# JACOB#BISSINGER,#FRANCIS#PENNOCK,# # :# PETER#HORNBERGER,#NEW#HOPE# # # :# PUBLISHING#CO.,#AND#PRAISE#NEW### # :# HOPE#CORP.,# # # # # # :# :# :# :# # No.#162,#2013# :# :# Defendants#Below,# :# Appellants,## # :# :# v.# # # # :# :# :# MERCER#CHRISTIAN#PUBLISHING#CO.#AND# # :# SUSAN#BEARD,#### # # # # :# :# :# Plaintiff#Below,## :## # Court#Below:# Appellee.### # :## # Court#of#Chancery#of## :# # the#State#of#Delaware## :## :## # C.A.#No.#8974VCD# # # # # # _________________________________________________________________# # # _________________________________________________________________# # # # # Team#W# Attorneys#for#Appellee# February#7,#2014# # # # # # Table#of#Contents# TABLE#OF#CITATIONS# ................................................#iii# . NATURE#OF#PROCEEDINGS# ...............................................#1# . SUMMARY#OF#ARGUMENT# .................................................#2# . COUNTERSTATEMENT#OF#FACTS# ...........................................#3# . ARGUMENT# ............................................................#6# . I. THE# COURT# OF# CHANCERY# PROPERLY# ISSED# A# PRELIMINARY# INJUCTION# BECAUSE# PLAINTIFFS# DEMONSTRATED# A# REASONABLE# PROBABLITY# OF# SUCCESS# ON# THE# MERITS# CONCERNING# THE# MERGER# OF# PRAISE# VIDEO# WITH#NEW#HOPE#PUBLISHING#COMPANY## ...........................#6# A. Question#Presented#.....................................
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...3. Negative rights are defined entirely in terms of the duties others have not to interfere with you. (Points : 1) 4. Cost-benefit analysis is used to determine the desirability of investing in a project (such as a dam, factory, or public park) by figuring whether its present and future economic benefits outweigh its present and future economic costs. (Points : 1) 5. Rule utilitarianism looks only at moral rules of a particular action. (Points : 1) 6. Intrinsic goods are things that are desired for their own sake, such as health and life. (Points : 1) 7. Considerations to follow in determining what the moral thing to do might be are: (Points : 1) 8. UNOCAL worked with the Burmese army to push the pipeline using forced labor. (Points : 1) 9. Major problems with the utilitarian reliance on measurement include: (Points : 1) 10. UNOCAL agrees that it shares responsibility with the Burmese army over treatment of pipeline citizens. (Points : 1) 11. Many economists now advocate retaining the market system and private property while modifying their workings through government regulation. This is known as a: (Points : 1) 12. According to Locke, the power of government should be: (Points : 1) 13. Modifying Locke's views on free markets, Adam Smith's arguments rest on __________ arguments that unregulated markets and private property will produce greater benefits than any other system. (Points : 1) 14. Smith's utilitarian argument is most commonly criticized for making what some call unrealistic...
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...Journal of International Business and Law Volume 7 | Issue 1 Article 3 1-1-2008 Management Controlled Firms v. Owner Controlled Firms: A Historical Perspective of Ownership Concentration in the US, East Asia and the EU Andrew C. Spieler Andrew S. Murray Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/jibl Recommended Citation Spieler, Andrew C. and Murray, Andrew S. (2008) "Management Controlled Firms v. Owner Controlled Firms: A Historical Perspective of Ownership Concentration in the US, East Asia and the EU," Journal of International Business and Law: Vol. 7: Iss. 1, Article 3. Available at: http://scholarlycommons.law.hofstra.edu/jibl/vol7/iss1/3 This Article is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Journal of International Business and Law by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact lawcls@hofstra.edu. Spieler and Murray: Management Controlled Firms v. Owner Controlled Firms: A Historic MANAGEMENT CONTROLLED FIRMS v. OWNER CONTROLLED FIRMS: A HISTORICAL PERSPECTIVE OF OWNERSHIP CONCENTRATION IN THE US, EAST ASIA AND THE EU Andrew C. Spieler* & Andrew S. Murray" ABSTRACT This paper will present a historical perspective on the relationship between owner controlled firms and management controlled firms in the US, Europe, and East Asia, and the degree to which concentration...
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...In the article by Bebchuk, L., Coates IV, J., Subramanian, G., (2002): The Powerful Antitakeover Force of Staggered Boards: Theory, Evidence, and Policy, Stanford Law Review 54, 887-951 (the “Article”), the authors supported the notion towards the declassification of board of directors. There is a movement towards eliminating staggered board in favor of unitary board based on researches that staggered board was harmful to the shareholders and the company. It was initially believed that the combination of poison pill and an effective staggered board (“ESB”) creates a near impenetrable defense against hostile takeover. Despite the board having these powers, the courts, especially the Delaware courts, have shown in several cases that they will try to strike a balance between protecting the shareholders from hostile takeover threats and preventing management from “entrenching” themselves. The proxy contest, or the ballot box safety valve (as described in the Article) provides protection against managerial abuse of the antitakeover defensive plans. However according to the Article, the ballot box is not a viable safety valve against an ESB target as it provides delay and longer tenure for incumbent board as well as hardship on the bidder as it is nearly impossible for the bidder to win two proxy contests and obtain control of the ESB target. As such, the “rationale” of imposing difficulty on hostile bidder to gain control of the board of a target company with an ESB – by allowing...
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...International Law Research; Vol. 1, No. 1; 2012 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Globalization, Transnational Corporations and Human Rights – A New Paradigm Jennifer Westaway1 1 School of Business Law and Taxation, Curtin University, Perth, Australia Correspondence: Jennifer Westaway, School of Business Law and Taxation, Curtin University, GPO Box U1987, Perth, 6957, Western Australia. Tel: 61-892-666-3945. E-mail: jennifer.westaway@cbs.curtin.edu.au Received: February 13, 2012 doi:10.5539/ilr.v1n1p63 Abstract The growth in power and influence of the transnational corporation under the forces of globalization has been touted as being one of the most significant developments both domestically and internationally. Changes to economic, political and financial barriers by many developing countries with the hope to attract international investment have seen the move by transnational corporations to exploit these opportunities. There are many who argue that the impact of transnational corporations has been positive, providing employment and income opportunities as well as country wealth. There are however, many who argue that the power and influence of the transnational corporation brings with it the ability to directly impact adversely on human rights and that as the transnational corporation operates outside human rights obligations assumed by each state pursuant to their status under international conventions, there...
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