For The Sake Of Harmonising Asylum And Refugee Policy In Europe Is The Essay

For The Sake Of Harmonising Asylum And Refugee Policy In Europe Is The Returns Directive Fit For Purpose - Essay Example In other words the Returns Directive aims to harmonize asylum and refugee policy among the Member States. However, the Directive has been the subject of criticism, particularly from Non-government Organizations and human rights groups internationally. A major concern as expressed by the UNHCR is the Returns Directive mandate that Member States recognize return decisions made by other Member States. Such a mandate means that harmful decisions on asylum will have application across the EU. Therefore if the purpose of the Returns Directive is to ensure the harmonization of refugee and asylum policies relative to the protection of the interest of the concerned, it would appear that the Returns Directive fails in this regard. If decisions that are harmful to the individual refugee and asylum seekers are to receive common recognition, the Returns Directive is going to achieve an unintended and diametrically opposite purpose. In general, the Returns Directive sets out the rules for the proc edure to be adopted relative to returns. This includes the return decisions,4 bans on entry,5 and provides that nationals from third countries who stay on an irregular basis ought to be permitted between a week and a month to organize their own departure prior to forced exile.6 In many ways these procedural guidelines do not deal with substantive issues and as such do not provide for a harmonious method for exacting asylum and refugee policies. To begin with there are no guidelines for regulating how forced departure should be practiced and whether or not refoulement should be denied in cases where return could result in serious consequences for the asylum seeker or refugee. The emphasis therefore appears to be security and border control in Europe.7 Secondly, the requirement that a refugee or asylum seeker be released without more after being held in detention for 6 months appears to have some practical difficulties.8 Mole and Meredith explains the difficulty with Article 15. Artic le 15 provides that once a detainee has been held for the maximum period, he/she must be released regardless of any justifications on the part of domestic authorities for the refugee or asylum seekers’ continued detention. This means that a refugee or asylum seeker could be released without valid documentation, or in circumstances where he or she is violent, has no methods by which to support himself/herself and certainly has no place to live.9 It is difficult to imagine how Article 15 purports to achieve harmonization of European policy on asylum and refugee policies that seek to protect the interest of those individuals. Article 15 effectively ensures that the asylum seeker and the refugee are placed into the general population once the detention reaches a 6 months at his/her own peril and in circumstances that are burdensome to the wider community. It would appear that the only method by which Article 15 can achieve the main purpose of the Returns Directive is to encourage Member States to forcibly return the asylum seeker or refugee to their country of origin as quickly as possible. As previously noted, this practice is also inconsistent with the Returns’ harmonization of policies intended to protect the interest of the individuals concerned. In fact the Returns Directive, thus far reflects the opinion of Schain’s, that the Returns Directive is more concerned with border control and security.10 Moreover, Article 15(5) which provides for a limited period of detention, contradicts Article 15(4) which provides: When it appears that a reasonable prospect of removal no longer exists for legal or other considerations or the conditions laid down in

International business strategy Essay Example | Topics and Well Written Essays - 3000 words

International business strategy - Essay Example However, Anthony Salim and his executive leadership group believe that being flexible to these unpredictable and changing dynamics of international culture and business competition is the key to success. Bartlett, Ghoshal & Beamish (2008) identify the concept of the coordinated federation, which is essentially a conglomeration of pre-existing core principles that have found business success at the headquartered centre of the company and then distributed equally across international boundaries. The Salim Group takes the advice of Bartlett et al. in not taking this rather unproductive distribution of core principles and then forcing them throughout the transnational environment and the business’ multiple industries. Instead, Salim advises on being adaptable to changing market conditions. This flexibility is a success factor to be more responsive to the external market environment. For example, the Salim Group faced public backlash with perceived corruption from the Indonesian go vernment between the Salim Group about its investment banking practices (Dieleman, 2006) for divesting 107 different assets to the Indonesian government. ... Though this is only one scenario that occurred with the Salim Group, it indicates that regional government and other influencing bodies in the regulatory environment continue to change the internal dynamics of how the business is operated and/or divested. This is why Salim continues to travel, personally, to different regions of the world to gain an understanding of what is driving governmental forces or cultural forces in key growth markets or existing markets so that the business can be structured accordingly or new strategies developed based on primary data research analysis. This type of flexibility by taking a proactive stand to leadership and research is a key success dynamic. Since more than one legal basis for operations drives this transnational company, such flexibility is a predictor of future success by fully understanding the forces that will impede business success or improve its competitive or public relations position. Anthony Salim is also open to being approached by new investors from multiple regions of the world in order to seize opportunities to expand the business or put it into a better financial position over the long-run. Salim fully recognizes the strengths and weaknesses of the firm, such as his indication that the group is not fluent in technological prowess, thus not having an attitude of superiority in any one division that might not be supported by actual business realities. Salim relies on synergies produced from acquired businesses or other strategic activities involving a secondary business and allows the firm to capitalize on these strengths through acquisition. In many ways, the case study reinforces that Anthony Salim is more focused on consumer relationship management and the marketing principles for