Saturday, December 28, 2019

Internet Issues in Smes Malaysia - Free Essay Example

Sample details Pages: 12 Words: 3663 Downloads: 5 Date added: 2017/09/18 Category Engineering Essay Type Argumentative essay Did you like this example? E-COMMERCE ISSUES AMONG SMEs IN MALAYSIA TABLE OF CONTENTS 1. 0Introduction1 2. 0Internet Commerce – An Overview3 3. 0The Small Medium Enterprises (SMEs) in Malaysia5 4. 0Issues of e-Commerce among SMEs in Malaysia6 5. 0Advantages e-Commerce for SMEs in Malaysia9 6. 0Advantages e-Commerce for SMEs in Malaysia12 7. 0Barriers to successful e-commerce application by SMEs in Malaysia14 8. 0Conclusion16 References17 1 Introduction Information and communication technologies (ICT) are radically changing the competitiveness of organizations (Cohen and Kallirroi, 2006). Brian (1998) defined electronic commerce as the use of electronic methods, means and procedures to conduct various forms of business activity in cyberspace, which he stated has become a priority for many corporations within the context of ICT, since managers see it as a way to overcome certain limitations of the traditional distribution channels. There are many studies which showed that e-commerce development offers a promising way for business to meet the challenges of this dynamic environment. Electronic commerce provides effective and efficient ways such as gathering information rapidly about the availability of the products or services, evaluate or negotiate with vendors and so on (Jetol, Obit, Asing and Tanakinjal, 2005). SMEs face many challenges especially in a globalized environment, including a lack of financing, low productivity, a lack of managerial capabilities, access to management and technology, and a heavy regulatory burden. In the Malaysian context, APEC Survey (1994), the SMI development Plan, 2001-2005 (SMIDEC, 2002), Ting (2004), the UPS survey (2005) and others showed that SMES face major problems such as lack of access to loans, limited adoption of technology, lack of human resources and competition from MNCs and globalization. The purpose of this paper is to highlight issues pertaining to e-business, particularly with relation to SMEs in Malaysia. The specif ic objectives of this paper are stated below: a) To present a brief overview of e-commerce and SMES in Malaysian context; ) To highlights issues of internet businesses among SMEs in Malaysia; and c) To explain the advantages of disadvantages of e-business for SMEs in Malaysia. Internet Commerce – An Overview The millennium era of the 21st century embraces a new way of doing business – the virtual trading or electronic commerce. E-commerce, as defined by Wigand (1997), is about the use of electronic connection to conduct economic activities while others. Turban, Lee, King and Chung (2002) added that e-commerce is about use of computer networks and the Internet infrastructure as a medium of business transactions. The World Trade Organization (1998) stated that e-commerce is about usage of the Internet as the Internet provides platform for companies to conduct exchange and transactions from e-mails, leisure reading, browsing to selling, purchasing and providing service s. Kalakota and Whinston (1997) expanded the definition of e-commerce, seen from four different perspectives: communication, business process, service and online. Lewis and Cockrill (2002) added two more perspectives: connectivity and adoption ladder. The connectivity aspect includes the use of web sites, e-mail or EDI whereas the adoption ladder focuses on the full business processes participation including messaging, online marketing, online ordering, online payment, order/progress/online sales support and e-business (Daniel, Wilson and Myers 2002). According to Malaysian Minister of Energy, Communications and Multimedia during the launching of the National E-Commerce Expo 2002, business to consumer (B2C) and business to business (B2B) E-Commerce activities in Malaysia are set to increase its potential revenues by almost nine fold from USD1. 5 billion in 2002 to USD9. billion by 2005. MATRADE (2003) reported that domestic online sales totaled RM46 million in 1999, however, seve ral State and commercial agencies estimated a rise to between RM750 million and RM1 billion by 2003. Electronic business, also known as e-business is defined as the application of information and communication technologies (ICT) in support of all the activities of business. E-business involves business processes spanning the entire  value chain: electronic purchasing and  supply chain management, processing orders electronically, handling customer service, and cooperating with business partners. E-business is conducted via the Web, the Internet, Intranets, extranets or some combinations of these (Timmers, 2000). It is a term usually confused with e-commerce. Commerce constitutes the exchange of products and services between businesses, groups and individuals and can be seen as one of the essential activities of any business. Electronic commerce focuses on the use of ICT to enable the external activities and relationships of the business with individuals, groups and other busi nesses. Basically, e-commerce is the process of buying, transferring, or exchanging products, services, and/or information via computer networks, including the internet (Beynon-Davis, 2004). The Small Medium Enterprises (SMEs) in Malaysia The small and medium enterprises (SMEs) in Malaysia are basically divided into two groups: the first comprises of manufacturing and agro-based industries with fewer than 150 full-time employees or with annual sales turnover not exceeding RM25 million. The second group consists of services, agriculture and information and communication technology (CT) with fewer than 50 full-time employees and annual sales turnover not exceeding RM5 million (Ramayah, 2004). SMEs play a vital role in the Malaysian economy and are considered as the backbone of industrial development in the country (Alias, Mimi Liana and Amin Mahir, 2008). SMEs comprise of 99. 2% of businesses in Malaysia and contributed about 47. 3% of the GDP and employing 65. 3% of the nationà ¢â‚¬â„¢s workforce (Ramayah et al, 2009). In 2005, output from SMEs registered an average annual growth rate of 5. percent which contributed to an increase in total manufacturing output from 22. 1 percent in 1996 to 29. 6 percent in 2005. Also, the growth of value-added by SMEs was 9. 2 percent, compared with the overall growth of 9. 8 per cent for the manufacturing sector in 2005. The SMEs also employed 394,670 workers in 2005, representing 31. 1 percent of total employment in the manufacturing sector, compared with 329,848 workers, or 29. 6 percent, in 1996. In terms of trade, SMEs exported 25. 6 percent of their total output in 2005, compared with 20. percent in 1996 (National Productivity Centre, 2005). Issues of e-Commerce among SMEs in Malaysia The use of Internet in business is now a common application. In particular, e-commerce application is a well-accepted tool to improve effectiveness and efficiency of a firm’s operation (Rosli and Noor Azizi, 2008). According to U NCTAD (2003), e-commerce enables the firm’s market to expand as well as ensures new business models and embraces globalization. However, Daniel and Grinshaw (2002) noted that large firms are more dominant and more pervasive than SMEs as far as e-commerce is concerned. Nevertheless, SMEs also benefit from use of Internet and e-commerce. Rosli and Noor Azizi (2008) argued that e-commerce fits better the SMEs because of their less complicated structures that make them more easily adapt to any changes. It is pertinent that SMEs adopt e-commerce in their business operation as SMEs represent the largest proportion of established businesses in most countries. This implies that SMEs plays a greater role towards the nation’s growth with respect to the economic, employment as well as gross domestic product (GDP). It is obvious that information and communication technology (ICT) becomes one of the potential means to facilitate their business operations (UNCTAD, 2003). Thus, enabling IT helps them to respond to business environmental pressures, to fulfill customers’ demand, and to face globalization challenge (Bernades Verville, 2005). As Malaysia moves toward the IT era, SMEs face huge setbacks because they are not ready to use such technology to remain competitive. The Star (July 17, 2001) stated that the Malaysian SMI Association revealed only 30% of the local SMIs have their own Website; worse, not all of these sites are regularly updated. This implies that use of such technology is not wide among SMEs. The SMI Association of Malaysia in its 2004 annual report showed that e-commerce had contributed only 5. 0% (USD451. 6 million or RM1,592. 6 million) of the business-to-business (B2B) market of Malaysia. This implies that e-commerce activities has slow adoption rate among SMEs (Nitty and Nolila, 2009). According to a survey by MPC from June to December 2009 on 296 SME companies, only 17 per cent of the respondents had e-commerce transacti ons during the year (Bernama, 2010). The Federation of the Malaysian Manufacturers (FMM) identified three factors that are sources of SMEs usage problems of information technology: (1) Lack of awareness in the importance of IT in SMEs; (2) Low distribution of IT usage in SMEs; and (3) Business associations are not good role models in state-of-the-art IT usage (www. fmm. org. my, 2001). Bernama (March 16, 2010) also quoted Malaysian Productivity Corporation (MPC) which stated that the adoption and implementation of e-commerce has not been widely embraced by the Small and Medium Enterprises (SMEs), particularly in enhancing their productivity and competitiveness. Mohd Razali Hussain, MPC’s Director General stated that the main reasons are: lack of understanding of e-commerce benefits and a refusal to leave the comfort zone; and perceived high cost. Brown (2002) stated that there are several reasons why SMEs owners are not adopting e-commerce, which are: (1) E-commerce was seen to be a distraction from core business; (2) significant perceived cost and risks associated with e-commerce; (3) Lack of strategic vision; and (4) Lack of realization of value/benefits of e-commerce to individual SMEs. Engsbo et al. 2002) and Scupola (2002) believed that most SMEs adopt e-commerce in a â€Å"just-by-chance† or casual manner and not because of a consequence of systematic consideration and planning. Shireen and Ainin (2001) noted that security issues are also considered as the main barrier to implementation of e-commerce. They elaborated that organizations were reluctant to use e-commerce because they felt the transactions conducted electronically were open to hackers and viruses, which are beyond their control. They were also skeptical about the security measures that were implemented to safeguard on-line payment transactions. Others cited factors such as insufficient Internet facilities leading to slow speed of Internet connection, resistance to chan ge regular business methods, ‘wait and see’ attitude among companies and the issue of Internet security and trust as the reasons for not adopting e-commerce in their business models. It was also shown that many companies in Malaysia are still comfortable with their old ways and rather slow to adopt and adapt e-commerce as a tool to better manage their business (Le and Koh, 2002; Liew, 2002); Mohd Zulkifli, 2001); Sulaiman, 2000); and Suraya, 2005). Advantages e-Commerce for SMEs in Malaysia The use of e-commerce has many advantages as well as disadvantages, in relation to SMEs. Raymond et al. (2003) stated that the use of e-commerce positively influence firm performances specifically firm growth where as Johnston et al (2007) mentioned that it favors financial gain while Teo (2007) believes that e-commerce contributes to competitive advantages. Sam and Leng (2006) noted that the benefits from e-commerce are positively associated with the extent of e-commerce usage. F irms with more advanced EC applications tend to reap greater benefit in term of efficiency than those with limited use of such applications (Beck et al. 2005). Bernama (2010) quoted Mohd Razali Hussain, MPC’s Director General who said, â€Å"E-commerce provides opportunity to participate in global production networks that are becoming more prevalent in many industries and the ability to tap resources such as labour, capital and knowledge. † Thus, e-commerce provides many advantages to SMEs businesses. Internet is therefore, a new means of conducting, managing and executing business transactions using modern Information Technology. The Internet provides access 24 hours a day, seven days a week – any time anywhere. Hence, time and place are no longer the binding factors. In essence, the Internet is allowing businesses to enter niche markets at no additional cost (Kleindl 2000). The benefits and advantages of e-commerce can be gleaned from success of firms such as Cisco Systems, Dell Computer and General Electric which show impressive payoffs by making the Internet a key element in their strategies and business models, and by transforming their â€Å"brick-and-mortar† operations into e-business organizations. Cisco Systems and Dell Computer report in excess of 250% return on invested capital and over USD 650,000 in revenue per employee from their e-business operations. They also have the highest gross profit margin in their respective industries (Ramayah, Lim and Mohamed, 2006). A survey finding of over 400 information technology managers worldwide showed that SMEs that make effective use of Internet opportunities may also find that they are more innovative, faster in responding to environmental demands, and better able to quickly change or adapt business models to gain competitive advantage (Engler 1999). Kartiwi and MacGregor (2007) stated that for SMEs, e-commerce has the potential to become a source of competitive advantage. E-commerce is a cost effective way of accessing customers globally and competing on par with large businesses. Lee (2001) suggests that e-commerce may alter the outlook of businesses from one that is focused on lean manufacturing (termed as economics of scarcity) to a focus on information which he terms as economics of abundance. In fact, the Internet Economy Indicators (2003) stated that SMEs using the Internet have grown 46% faster than their counterparts who do not use the Internet (Bajaj Nag, 1999; Khiang Chye, 2002; Scupola, 2003). Advantages e-Commerce for SMEs in Malaysia There are however, some disadvantages of employing e-commerce by small and medium companies. According to the research done by  Commerce. Net  in 2000 of the top 10 barriers to E-commerce, the main disadvantage of E-commerce is the lack of a business model, lack of trust and key public infrastructure, slow navigation on the Internet, the high risk of buying unsatisfactory products, and most of al l lack of security (Turban, King, Lee and Viehland, 2004). Studies by Kleindl (2000) showed that smaller businesses can experience shortcoming due to internet usage. Firstly, competitive threats may increase as the new medium allows larger firms to mimic the traditional strength of SMEs in serving niche markets, developing customer intimacy and exploiting local knowledge (Cohen and Kallirroi, 2006). For instance, a regional firm with limited local competition previously, may be confronted with new threats from across the country or the globe once it began to use e-commerce. The new technology may also increase competitive rivalry and the pace of competition by reducing barriers to entry and increasing the rate of product and process innovation (Drew, 2003). Another disadvantage of e-commerce is the absence of personal interaction between the seller and the buyer. Business via e-commerce is done by machines and computers that the customer is detached from everything else. Due t o that, application of e-commerce needs constant updating of product information which can be tedious and time-consuming (https://www. manifest-passive-income. com/disadvantagesofecommerce. html). Another limitation of e-commerce is that it is not suitable for perishable commodities like food items. People prefer to shop in the conventional way than to use e-commerce for purchasing food products. So e-commerce is not suitable for such business sectors (https://www. buzzle. com/articles/advantages-and-disadvantages-of-electronic-commerce-e-commerce. html). . Barriers to successful e-commerce application by SMEs in Malaysia Although ICT has been acknowledged and welcomed by businesses for quite some time, it seems that SMEs are slow in the uptake of e-commerce application in their organizations. Maxis Bhd Vice President, Fitri Abdullah stated that â€Å"ICT is an integral requirement for all companies – including SMEs – to improve efficiency and productivity. It i s now used more as a business enabler or differentiator† (The Star, 2010). In a borderless world where communications such as voice, data and video play an important role on individual and companies, lacking proper ICT usage can be a big loss (Dhesi, 2010). The crucial role of e-commerce becomes even more as the popularity of the Internet and digital growth increase. According to IDC’s December 2009, Worldwide Digital Marketplace Model and Forecast, more than 1. 6 billion people – a little over a quarter of the world’s population – used the Internet in 2009. By 2013, over 2. 2 billion people – more than one third of the world’s population – are expected to be using the Internet (The Star, 2010). In addition, there are more than 1. 6 billion devices worldwide were used to access the Internet in 2009, including PCs, mobile phones, and online videogame consoles. By 2013, the total number of devices accessing the internet will in crease to more than 2. 7 billion, with mobile internet ramping faster than desktop internet adoption (Dhesi, 2010). Some of the barriers to successful application of e-commerce by small and medium companies are stated as follows: 1. Electronic payment and data confidentiality: Three factors i. e. immature electronic payment methods, Internet security, and limitations of the legal framework regulating electronic transactions are the main barriers preventing SME from using e-commerce. 2. Quality assurance and proprietary requirements: SMEs may be uncomfortable when trading in electronic marketplaces, where quality of goods is not guaranteed. 3. Human and capital resources: SMEs may have limited scales of operation, such as family businesses with just enough manpower and capital to conduct day-to-day business, and usually cannot spare additional resources to train employees for the new e-commerce business. 4. Lack of drivers and initiatives and reluctance to change: most family b usinesses in SMEs may have limited resources to develop new business channels. The general mindset of the SME owners is that of a â€Å"follower,† which poses as a major hurdle for using e-commerce. Conclusion It cannot be denied that ICT especially in the form of e-commerce is a crucial business innovation that should be adopted by small and medium enterprises. Large companies that are using e-commerce have managed to achieve profound success and productivity in their business endeavors. Thus, it becomes apparent that such adoption in SMEs may also result in productivity and growth of the companies. In Malaysia, the Government has provided Internet access to business and individuals which further promote the growth of business via e-commerce. However, the low usage and adoption of e-commerce among Malaysian SMEs continue to become an issue in this country and therefore render our nation to achieve our potentials in k-economy. In conclusion, SMEs should resolve the inte rnal issues pertaining to poor usage of e-commerce and take up the opportunities provided by government to promote the use of e-commerce in business. Such a move could possibly thrust the development of small medium industries even more in this country. References Alias Radam, Mimi Liana Abu and Amin Mahir Abdullah (2008). Technical Efficiency of Small and Medium Enterprise in Malaysia: A Stochastic Frontier Production Model, Int. Journal of Economics and Management 2(2): 395 – 408 Bajaj, K. K. , Nag, D. (1999). E-commerce: The cutting edge of business. New Delhi: Tata McGraw-Hill. Beynon-Davies P. (2004). E-Business. Palgrave, Basingstoke. Beck, R. , Wigand, R. T. , Konig, W. (2005). The diffusion and efficient use of electronic commerce among small and medium-sized enterprises: An international three-industry survey. Electronic Markets, 15(1), 38- 52 Bernama (2010). E-Commerce Adoption Among SMEs Limited, Says MPC, retrieved from: https://www. malaysiasme. com. my/i ndex. php/SME-News/E-Commerce-Adoption-Among-SMEs-Limited-Says-MPC. html Boter, H. , Lundstrom, A. (2005). SME perspectives on business support services. Journal of Small Business and Enterprise Development, 12(1), 244-258. Brian, W. , (1998) â€Å"Your network’s not ready for e-commerce†, Network Computing, Vol 9, pp22-25. Brown E (ed. ) 2002, Accelerating the Up-take of E-commerce by Small and Medium Enterprises, Small Enterprise Telecommunications Centre (SETEL), retrieved from: https://www. etel. com. au/smeforuim2002/final_report. pdf Cohen S and Kallirroi G (2006) â€Å"e-Commerce Investments from an SME perspective: Costs, Benefits and Processes† The Electronic Journal Information Systems Evaluation Volume 9 Issue 2, pp 45 – 56 Department of Statistics, Malaysia (2005). Census of Establishments and Enterprises (preliminary data). Dhesi, D. (2010). ICT a must for SMEs, Bernama, March 20, 2010 Drew, S. (2003) â€Å"Strategic uses of e-commerce by S MEs in the East of England†, European Management Journal, Vol 21, pp 79-88 Engsbo, M, Saarinen, T, Salmi, H Scupola, A. (2001). A framework of adoption of e-commerce in networks of SMEs’ in Proceedings of IRIS 2001, Ulvik, Norway Jetol, B. , Obit, J. H. , Asing, J. G. and Tanakinkal, G. H. (2006). An Exploratory Research of the Usage Level of E-Commerce among SMEs in the West Coast of Sabah, Malaysia. Journal of Internet Banking and Commerce, 11 (2) Johnston, D. A. , Wade, M. , McClean, R. (2007). Does e-business matter to SMEs? A comparison of the financial impacts of internet business solutions on European and North American SMEs. Journal of Small Business Management, 45(3), 354-361. Kalakota, R. , Whinston, A. B. (1997). Electronic commerce: A manager’s guide. MA: Addison-Wesley. Kartiwi, M. and MacGregor, R. C. (2007). Electronic commerce adoption barriers in small to medium-sized enterprises (SMEs) in developed and developing countries: A cross country comparison, Journal of Electronic Commerce in Organizations, Volume 5, Issue 3 Khiang, A. L. B. , Chye, G. N. K. (2002). Information technology and e-commerce for successful SMEs. Malaysian Management Review, 37(2). Kleindl, B. (2000) â€Å"Competitive dynamics and new business models for SMEs in the virtual market place†, Journal of Developmental Entrepreneurship, Vol 5(1), pp 73-85 Lee, C. -S. (2001). An analytical framework for evaluating e-commerce business models and strategies. Internet Research, 11(4), 349. Internet Economy Indicators (IEI). (2003). Facts figures: The Internet and business. Retrieved from https://www. internetindicators. com/facts. html Nitty Hirawaty Kamarulzaman and Molila Mohd Nawawi (2009). The Use of Internet Applications in Managing Logistics Activities Among Palm Oil Industry Participants, Int. Journal of Economics and Management 3(2): 262 – 277 Paul Timmers, (2000), Electronic Commerce strategies models for business-to-business t rading, pp. 1, John Wiley Sons, Ltd, Ramayah, T. (2004). E-readiness of SMEs in Northern Malaysia, Proceedings of the Pan-Pacific Conference, International Business and Global project Management, May 26-28, Anchorage, Alaska, USA. Retrieved from: https://www. Management. usm. my/ramayah/conf53. doc. Ramayah, T. , Osman, M. , Azizah, O. and Malliga, M. (2009). Technology adoption among Small Medium Enterprises (SMEs): A Research Agenda, World Academy of Science, Engineering and Technology Ramayah, T. , Lim Chia Yan and Mohamed Sulaiman (2006). SME e-readiness in Malaysia: Implications for Planning and Implementation Raymond, L. , Bergeron, F. O. , Blili, S. (2005). The assimilation of e-business in manufacturing SMEs: Determinants and effects on growth and internationalization. Electronic Markets, 15(2), 106-118. Rosli Mohamad and Noor Azizi Ismail (2008). E-Commerce Practices Among SMEs: A Review Of Major Themes And Issues, Business e-Bulletin, Vol. 1, Issue 1, 7-13 Sam, T. L. , Leng, A. -C. (June, 2006). Adoption of electronic commerce amongst small and medium enterprise. Paper presented at the Knowledge Management International Conference and Exhibition 2006, Kuala Lumpur Malaysia Scupola, A. (2002), ‘Adoption issues of business-to-business Internet commerce in European SMEs’ in Proceedings of the 35th Hawaii International Conference on System Sciences, Hawaii, USA , vol. 7, January 7-10 Scupola, A. (2003). The adoption of Internet commerce by SMEs in the south of Italy: An environmental, technological and organizational perspective. Journal of Global Information Technology Management, 6(1), 52. Shireen Ng and Ainin Sulaiman (2001). A Comparative Study on E-Commerce Security Policies, Proceedings of the Asia Pacific Management Conference, 27-36 SMIDEC (2002). SMI Development Plan (2001-2005). Percetakan Nasional  Malaysia  Berhad, Kuala Lumpur Teo, T. S. H. (2007). Organizational characteristics, modes of internet adoption and th eir impact: A Singapore perspective. Journal of Global Information Management, 15(2), 91-117. Ting, O. K. (2004). SMEs in  Malaysia: Pivot points for Change. Retrieved from https://www. mca. org. my Turban, E. , King, D. , Lee, J. , and Viehland, D. (2004)  Electronic Commerce: A Managerial Perspective, New Jersey: Pearson Prentice Hall Don’t waste time! Our writers will create an original "Internet Issues in Smes Malaysia" essay for you Create order

Friday, December 20, 2019

Notes On Child s L2 - 1500 Words

A. Background Information: Name of child: Brea Age in months of child: 36 months Child’s L1: English Child’s L2: none Name of Adult: Bethany Adult’s L1: English Child’s L2: Spanish Relationship of adult to child: Mother Setting of tapping session: I was able to record Brea on October 15, 2015 in the main building at 199 chambers Street. Borough of Manhattan Community College on the 3rd floor. Brea was with her mom Bethany my cow-worker. After we got out of work , with Bethany permission ,I was able to interview Brea. We were talking like around 10 mania was able to record her for five minutes. Transcript 1. Bethany: Hi Brea!! slow and clear articulation 2. Bethany: What you did today Brea? Asking for information 3.†¦show more content†¦Brea: yeas! answering question 18. Bethany: What kind of candy? asking information 19. Brea: uhhh. 20. Bethany: peanut butter 21. Brea: MM 22. Bethany: Stars Candy? 23. What Color? 24. Brea : Purple 25. Bethany: ok 26. Bethany: ahhh purple repetition 27. Brea: Yes answering question 28. Bethany: Not the red one? expanding child utterances 29. Brea: No. 30. Bethany: What about yellow? expanding child utterances 31. Brea: yellow 32. Bethany: What about MM? asking for preferences 33. Brea: yes answering question 34. Bethany what color ? 35. Brea : yellow Repetition 36. Bethany: Oh my God.. 37. Bethany: I will buy you a candy. Expanding child utterances 38. Bethany: where do you wanna go right now? asking information 39. Brea: I wanna go to the daycare answering question 40. Bethany: Do you want to go to the daycare ? Asking imformation 41. Brea:yeaa 42. Bethany: you don t want to go to grandpa s house? asking information and expanding child utterances 43. Brea: No 44. Bethany: Where do you want to go then? asking information and expanding child utterances 45. Bethany: you don t want to go to the daycare just grandpa s house? repetition 46. Brea: repetition 47. Bethany : where do you want to go tomorrow 48. Brea: Grandpa House on Friday. 49. Bethany: What do you want to eat? 50. Brea: Cereal 51. Bethany: Do you want vegetables? 52. Brea: No 53. Brea: aww 54. Brea: I don’t like them 55. Brea: I want McDonalds 56. Brea: chicken

Thursday, December 12, 2019

Exchange rate in Australia free essay sample

A look at how the exchange rate in Australia impacts the countrys economy. This paper examines the exchange rate in Australia and its effects on the overall economy of the country. The author looks at the fluctuations and the economic conditions that impact the exchange rate and the advantages and disadvantages of fixed and floating exchange rates. Prior to December 1971, the value of $A was pegged to the value of the pound sterling. From December 1971 to September 1974, the value of the $A was pegged to the value of the US dollar. From September 1974 to November 1976, the value of the $A was pegged to a trade-weighted index on a basket of currencies. Since November 1976 to December 1983, the exchange rate for Australia dollar was determined by the Trade-Weighted index [TWI], but additional fluctuation was incorporated when economic conditions required them. Unfortunately, the main criticism of the TWI was that it did not make the allowances for capital movements in and out of the economy. We will write a custom essay sample on Exchange rate in Australia or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page

Wednesday, December 4, 2019

Indigenous Recognition in the Commonwealth Constitution

Question: Discuss about the Indigenous Recognition in the Commonwealth Constitution. Answer: Constitutional Recognition of Indigenous People in the Australian Commonwealth and Victoria: Historical and Developmental Background The general expectation is that the place of indigenous inhabitants in the polity of a nation is one of foundational significance and worthy of national Constitution address. In the case of Australia, though, that is yet to be done.[1] Originally, references to the Aborigines were merely exclusionary, which were removed during the referendum of 1967.[2] The result of the referendum was that the Aborigines were no longer excluded under section s 51(xxvi) regarding the powers of the Commonwealth Parliament to promulgate particular legislations for any racial grouping it deemed necessary.[3] The further referendum of 1998 made major proposals and among them was recognition of Torres Strait Islanders and Aborigines through the Preamble to the Constitution. However, the proposals were unsuccessful.[4] Prior to state Constitutions recognizing indigenous Australians, there was an occasional arising of such recognition in the State legislation Preambles with respect to the Aboriginal people.[5] The Aboriginal Land Rights Act 1983 (NSW) is an example of such state legislation, which in its preamble, contains provisions acknowledging that the Aborigines were the traditional inhabitants of the State of NSW. It is more recently that the Victorian Constitutional amendments have seen the provisions that recognise indigenous people of Australia.[6] However, such recognition was not always there. In the Constitution Act 1975 of Victoria, there was in existence a Preamble that provided for the history of Constitutional enactment. However, it did not make reference to the Aborigines.[7] While the Preamble was not altered, the reformers in 2004, inserted section 1A. The import of the said section into the Constitution Act was acknowledging that the events set out in the Preamble occurred withou t proper consultation, recognition or involvement of the Aboriginal people of Victoria.[8] Importantly, there is a purported entrenchment of the above provision, such that amending or repealing the same can only be effected by a 3/5 special majority of the two Houses of Parliament.[9] Summarily, Australia has a long history of proposals for establishment of provisions that constitutionally recognise indigenous people in the Constitution.[10] Constitutional Recognition of Indigenous Communities in Canada and New Zealand: Comparative Survey Claims of the Maori people of New Zealand against the Crown in New Zealand are premised upon the Common Law doctrine of Aboriginal title.[11] According to that doctrine, the Treaty of Waitangi[12] is declaratory in nature but not the source of the property rights of the Maori people.[13] Chapman, J. presented the locus classicus of the preceding in the case of R. v. Symonds where he stated that by securing the pre-emptive right of the Queen and guaranteeing the title of the natives, the Treaty, either in practice or in doctrine, does not assert any new thing.[14] Paul McHugh reaches the conclusion that the Crown is becoming acutely vulnerable to the claims of the Maori people. One of the salient aspirations of the Maori people of New Zealand is greater recognition of their rights, culture and values within the legal system.[15] Under this aspiration, the natives long for the change in substantive law and in the expression of Maori rights in the New Zealand legal order.[16] Accordingly, the import of the preceding is to accord the Maori rights a constitutionally entrenched status forming a kind of supreme law that ordinary legislation cannot set aside. By the 1900, the customary laws of the Maori were virtually erased from the NZ legal regime. This has occurred through the failure to recognize the Treaty of Waitangi as a source of law that is enforceable.[17] Wi Parata v Bishop of Wellington was the authoritative deciding, for instance, where the Honourable Chief Justice described the Maori people as savage barbarians with no organization in their government systems and no customs that were settled.[18] Furthermore, the introduction of Common Law statutory regimes that are overarching and that extend to all citizens presents a failure to recognize the distinctiveness of the Maori people.[19] Despite some favourable decisions by the Privy Council during the 1900, that recognized Maori customary interests, all of them were reversed by legislation in New Zealand.[20] The preceding, notwithstanding, the customary values of the Maori remain vibrant alongside (or outside) of the legal regime and are continually adhered to in controlled environments.[21] Summarily, constitutional reform in New Zealand in the context of Native peoples recognition is marred with great difficulty.[22] Canada shares notable similarities with New Zealand with respect to constitutional heritage and cultures. However, the divergence in constitutional development between the two nations over the past two decades with regard to protection of indigenous people offers an excellent opportunity for comparative survey.[23] The Canadian system of indigenous rights protection is governed by a judicialized constitution.[24] The Supreme Court of Canada asserted the fundamental nature of principles of the constitution, which do not directly derive from a single source.[25] Beverley McLachlin, a Chief Justice of Canada, explained that constitutional principles are unwritten norms, which are crucial to a countrys legal system, values, identity and history.[26] The Canadian adoption of the Charter of Rights and Freedoms and the Constitution Act 1982 saw the judicial protection of indigenous rights. The Constitution Act for instance affirms and acknowledges the treaty and Aboriginal privileges of the Canadian Aboriginal inhabitants.[27] On account of section 52 of the Constitution Act, section 35 is supreme law. This means that the courts, including the Supreme Court, have the powers of striking down laws that are not consistent with that section.[28] It is noteworthy that, comparatively, the Canadian and Australian jurisdictions have the most developed modern approaches to indigenous recognition and co-management.[29] Case for the Australian Commonwealth Constitution: Should Indigenous Rights be Recognized and to what Extent? The concept of recognising the Torres Strait Islander and Aboriginal people in the Constitution of the Commonwealth of Australia has been advocated for many years.[30] Arguments Among the most significant reasons for recognising the Aboriginal people in the Constitution of the Commonwealth of Australian is that the people themselves have sought for it for decades. The Constitution, and generally the legal structures, has a profound effect upon the livelihood of the Aboriginal people. The Constitution establishes societal lines of power, legitimacy and relationships of people and provision and recognition of national principles.[31] On all the above accounts, the Constitution of Australia has failed the Aboriginal people. This, the Constitution has done through discrimination and failure to mention the natives or their history. Accordingly, the Aborigines rightly argue that a nations story is not complete without the history of the inhabitants of the land long before the white settlers.[32] Research recognises a broader range of challenges attending to and contributors to failure of recognition. Surveys on the social causes of health indicate how discrimination, exclusion and disadvantage can have huge adverse effects on physical and mental health.[33] The problems of being portrayed as an outsider in ones own land cannot be overstated. One of the major arguments fostered against recognising indigenous peoples in the Australian Constitution is that such recognition raises one race above or at the expense of the rest. This school of thought argues that this enhances discrimination. However, this argument does not warrant discourse. Opinion From the foregoing discourse, the writer opines that provision of the constitutional recognition and entrenchment of indigenous people and culture is of foundational importance. This is essentially because constitutional jurisprudence informs that constitutional documents should not merely be static texts but should necessarily draw from the historical, cultural and spiritual experiences of the people. Accordingly, the Commonwealth Constitutional provision should not follow the Victorian example. This is because the preamble declares that proper consultations with the natives were not done. Hence, the preamble should not only recognize the distinctiveness of the Aboriginal people and culture, but should also make it a supreme law like in Canada. This means that the draw-back clauses that limit and derogate the rights of the indigenous people should be removed and replaced with supremacy clauses that buttress the recognition provisions. Therefore, the Commonwealth Constitution should recognize the indigenous peoples by positively mentioning them and their values in the novel Preamble to the Constitution. Secondly, it is important to delete sections 25 and 51 (26) and lastly, by inserting new provisions that allow for the formation of legally binding agreements between the Crown and Indigenous people. The said provisions should also outlaw provisions that are discriminative along racial lines. Conclusion The importance of the above-discussed recognition cannot be overstated and the legal world is waiting to draw lessons from the process. Therefore, there should be amendments to the Australian Commonwealth Constitution to provide for recognition of its original people. However provision in the preamble is not sufficient to deal with the substantive and practical challenges. Further amendment is needed to remove the racially discriminatory vestiges. Bibliography Statutes Aboriginal Land Rights Act 1983 (NSW) Charter of Human Rights and Responsibilities Act 2006 (Victoria), Preamble Constitution Act of Canada, 1982 Constitution Act of Victoria, 1975 Constitution Alteration (Preamble) 1999 (Cth) Native Land Act 1909, New Zealand The Treaty of Waitangi, opened for signature 6 February 1840, (entered into force May 1840). Cases Hoani Te Heuheu Tukino v Aotea District Maori Land Board [1941] AC 308 Kartinyeri v Commonwealth (1998) 195 CLR 33 v. Symonds (1847), [1980-1932] N.Z.P.C.C. 387, 390 (S.C.) Wi Parata v Bishop of Wellington (1877) 3 NZ Jur NS (SC) 72 Other Beverley McLachlin, Unwritten Constitutional Principles: What is Going On? (2006) 4 N.Z.J Craig Donna, Recognising Indigenous Rights Through Co-Management Regimes: Canadian and Australian Experiences(2002) 6 NZJ Envtl. L.199 Davis Megan and Zrinka Lemezina, Indigenous Australians and the preamble: Towards a more inclusive constitution or entrenching marginalization?(2010) 33(2) UNSWLJ239 Dawson John, The Resistance of the New Zealand Legal System to Recognition of Maori Customary Law Journal of South Pacific Law (2008) 12(1), 56 Morris Shireen, Lesson from New Zealand: Towards a Better Working Relationship between Indigenous Peoples and the State(2014) 18 AILR67 Nettheim Garth, Indigenous Australian Constitutions(2001) 24(3) UNSWLJ 840 Palmer Matthew, Constitutional Realism About Constitutional Protection: Indigenous Rights Under a Judicialized and a Politicized Constitution(2006) 29 Dalhousie LJ1, 4 Paul McHugh, The legal basis for Maori claims against the Crown (1988) 18 Victoria U. Wellington L. Rev. 1 Twomey Anne, Constitutional Recognition of Indigenous Australians in a Preamble (2011) 12 Twomey Anne, The Constitution of New South Wales (Federation Press, 2004), Chapter 5 WA Law Reform Commission, Aboriginal Customary Laws, Report No 94, 2006, pp 73-4 Williams George, Should Aboriginal Peoples Be Recognized in the Australian Constitution (2013) 17 UW Sydney L. Rev13