Management Consulting/International Law


Hello Sir

Need your help with the below questions
What are your perceptions on the Universal Declaration of Human Rights? Would you like to amend any of the articles or add a new article to the declaration?

Strategic Management
  Select an appropriate generic strategy to position your printing business unit in its competitive environment (map the environment primarily as a pattern of competitive pressures from rivals, suppliers, buyers, entrants and substitutes).  

Universal Declaration of Human Rights

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.
•   All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
•   Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
•   Everyone has the right to life, liberty and security of person.
Article 4.
•   No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
•   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
•   Everyone has the right to recognition everywhere as a person before the law.
Article 7.
•   All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
•   Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
•   No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
•   Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
•   (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
•   (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
•   No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
•   (1) Everyone has the right to freedom of movement and residence within the borders of each state.
•   (2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
•   (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
•   (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
•   (1) Everyone has the right to a nationality.
•   (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
•   (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
•   (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
•   (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
•   (1) Everyone has the right to own property alone as well as in association with others.
•   (2) No one shall be arbitrarily deprived of his property.
Article 18.
•   Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
•   Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
•   (1) Everyone has the right to freedom of peaceful assembly and association.
•   (2) No one may be compelled to belong to an association.
Article 21.
•   (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
•   (2) Everyone has the right of equal access to public service in his country.
•   (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
•   Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
•   (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
•   (2) Everyone, without any discrimination, has the right to equal pay for equal work.
•   (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
•   (4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
•   Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
•   (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
•   (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
•   (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
•   (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
•   (3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
•   (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
•   (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
•   Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
•   (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
•   (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
•   (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
•   Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law. Adopted in 1948, the UDHR has inspired a rich body of legally binding international human rights treaties. It continues to be an inspiration to us all whether in addressing injustices, in times of conflicts, in societies suffering repression, and in our efforts towards achieving universal enjoyment of human rights.
It represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable and equally applicable to everyone, and that every one of us is born free and equal in dignity and rights. Whatever our nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status, the international community on December 10 1948 made a commitment to upholding dignity and justice for all of us.

IT  IS   Our Common Future
Over the years, the commitment has been translated into law, whether in the forms of treaties, customary international law, general principles, regional agreements and domestic law, through which human rights are expressed and guaranteed. Indeed, the UDHR has inspired more than 80 international human rights treaties and declarations, a great number of regional human rights conventions, domestic human rights bills, and constitutional provisions, which together constitute a comprehensive legally binding system for the promotion and protection of human rights.
Building on the achievements of the UDHR, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights entered into force in 1976. The two Covenants have developed most of the rights already enshrined in the UDHR, making them effectively binding on States that have ratified them. They set forth everyday rights such as the right to life, equality before the law, freedom of expression, the rights to work, social security and education. Together with the UDHR, the Covenants comprise the International Bill of Human Rights.
Over time, international human rights treaties have become more focused and specialized regarding both the issue addressed and the social groups identified as requiring protection. The body of international human rights law continues to grow, evolve, and further elaborate the fundamental rights and freedoms contained in the International Bill of Human Rights, addressing concerns such as racial discrimination, torture, enforced disappearances, disabilities, and the rights of women, children, migrants, minorities, and indigenous peoples.
Universal Values
The core principles of human rights first set out in the UDHR, such as universality, interdependence and indivisibility, equality and non-discrimination, and that human rights simultaneously entail both rights and obligations from duty bearers and rights owners, have been reiterated in numerous international human rights conventions, declarations, and resolutions. Today, all United Nations member States have ratified at least one of the nine core international human rights treaties, and 80 percent have ratified four or more, giving concrete expression to the universality of the UDHR and international human rights.
MY  PERCEPTION –this   Protect Human Rights
International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights.  The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights.

Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.

Most Islamic countries have signed the Universal Declaration of Human Rights. However, in 1948, Saudi Arabia abstained from the ratification vote on the Declaration, claiming that it violated Sharia law.[28] Pakistan—which had signed the declaration—disagreed and critiqued the Saudi position.[29] In 1982, the Iranian representative to the United Nations, Said Rajaie-Khorassani, said that the Declaration was "a secular understanding of the Judeo-Christian tradition" which could not be implemented by Muslims without conflict with Sharia.[30] On 30 June 2000, members of the Organisation of the Islamic Conference (now the Organisation of Islamic Cooperation) officially resolved to support the Cairo Declaration on Human Rights in Islam,[31] an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari'ah", without any discrimination on grounds of "race, colour, language, sex, religious belief, political affiliation, social status or other considerations". Turkey—a secular state—signed the Declaration in 1948.
A number of scholars in different fields have expressed concerns with the Declaration's alleged Western bias. These include Irene Oh, Abdulaziz Sachedina, Riffat Hassan, and Faisal Kutty. Hassan has argued:
What needs to be pointed out to those who uphold the Universal Declaration of Human Rights to be the highest, or sole, model, of a charter of equality and liberty for all human beings, is that given the Western origin and orientation of this Declaration, the "universality" of the assumptions on which it is based is – at the very least – problematic and subject to questioning. Furthermore, the alleged incompatibility between the concept of human rights and religion in general, or particular religions such as Islam, needs to be examined in an unbiased way.
"A strong argument can be made that the current formulation of international human rights constitutes a cultural structure in which western society finds itself easily at home ... It is important to acknowledge and appreciate that other societies may have equally valid alternative conceptions of human rights. On the other hand, others  have written that some of these "cultural arguments" can go so far as to undermine the very nature of human freedom and choice, the protection of which is the purpose of the UN declaration.



printing business unit
Business-level strategies are the strategies that are formed by individual business units within a company. There are four characteristics that differentiate business-level strategy from corporate strategy. Managers should understand these characteristics and how they apply to their own strategic decision making.
1.   Specificity
o   Business-level strategies are specific, rather than broad. This means that they deal with specific issues that affect the particular business unit. Examples of specific issues are deciding a pricing strategy and creating a product mix. These strategies deal only with the specific business unit and do not extend to the rest of the firm.
Short-Term Orientation
o   Corporate strategy tends to be oriented toward long-term goals. Business-level strategy, in contrast, is focused on short-term goals. Examples of short-term goals include quarterly and annual revenues, return on investments, sales and production levels. Business units tend to focus on these short-term goals while allowing corporate strategists to make decisions regarding the long-term focus of the company.
o   Business-level strategies tend to be fairly simple in nature. Corporate strategies tend to focus on abstract goals such as building core competences or creating firm flexibility. Business-level strategies however, tend to be much simpler. Goals tend to be tangible objectives such as increasing market share or developing brand recognition.
o   An important characteristic of business-level strategies is the concept of business-unit independence. The individual business unit is given the independence from the company as a whole in order to decide certain strategic issues on its own. This allows business-level strategies to deal primarily with the concerns of the business unit without interference from other units.

The Five Forces model of Porter is an Outside-in business unit strategy tool that is used to make an analysis of the attractiveness (value) of an industry structure. The Competitive Forces analysis is made by the identification of 5 fundamental competitive forces:

  1. Entry of competitors. How easy or difficult is it for new entrants to start competing, which barriers do exist.
  2. Threat of substitutes. How easy can a product or service be substituted, especially made cheaper.
  3. Bargaining power of buyers. How strong is the position of buyers. Can they work together in ordering large volumes.
  4. Bargaining power of suppliers. How strong is the position of sellers. Do many potential suppliers exist or only few potential suppliers, monopoly?
  5. Rivalry among the existing players. Does a strong competition between the existing players exist? Is one player very dominant or are all equal in strength and size.

Sometimes a sixth competitive force is added:

  6. Government.

Porter's Competitive Forces model is probably one of the most often used business strategy tools. It has proven its usefulness on numerous occasions. Porter's model is particularly strong in thinking Outside-in.

1. Threat of New Entrants depends on:

   * Economies of scale.
   * Capital / investment requirements.
   * Customer switching costs.
   * Access to industry distribution channels.
   * Access to technology.
   * Brand loyalty. Are customers loyal?
   * The likelihood of retaliation from existing industry players.
* Government regulations. Can new entrants get subsidies?

2.Threat of Substitutes depends on:

   * Quality. Is a substitute better?
   * Buyers' willingness to substitute.
   * The relative price and performance of substitutes.
* The costs of switching to substitutes. Is it easy to change to another product?

3.Bargaining Power of Suppliers depends on:

   * Concentration of suppliers. Are there many buyers and few dominant suppliers?
   * Branding. Is the brand of the supplier strong?
   * Profitability of suppliers. Are suppliers forced to raise prices?
   * Suppliers threaten to integrate forward into the industry (for example: brand manufacturers threatening to set up their own retail outlets).
   * Buyers do not threaten to integrate backwards into supply.
   * Role of quality and service.
* Switching costs. Is it easy for suppliers to find new customers?

4. Bargaining Power of Buyers depends on:

   * Concentration of buyers. Are there a few dominant buyers and many sellers in the industry?
   * Differentiation. Are products standardized?
   * Profitability of buyers. Are buyers forced to be tough?
   * Role of quality and service.
   * Threat of backward and forward integration into the industry.
[ NO----]
* Switching costs. Is it easy for buyers to switch their supplier?
[  YES.........]

5.Intensity of Rivalry depends on:

   * The structure of competition. Rivalry will be more intense if there are lots of small or equally sized competitors; rivalry will be less if an industry has a clear market leader.
   * The structure of industry costs. Industries with high fixed costs encourage competitors to USE  at full capacity by cutting prices if needed.
   * Degree of product differentiation. Industries  HAVE   typically have greater rivalry.
   * Strategic objectives. If competitors pursue aggressive growth strategies, rivalry will be more intense. If competitors are merely "milking" profits in a mature industry, the degree of rivalry is typically low.
* Exit barriers. When barriers to leaving an industry are high, competitors tend to exhibit greater rivalry.

Strengths of the Five Competitive Forces Model. Benefits

   * The model is a strong tool for competitive analysis at industry level. Compare: PEST Analysis
* It provides useful input for performing a SWOT Analysis.

Limitation of Porter's Five Forces model

   * Care should be taken when using this model for the following: do not underestimate or underemphasize the importance of the (existing) strengths of the organization (Inside-out strategy). : Core Competence

   * The model was designed for analyzing individual business strategies. It does not cope with synergies and interdependencies within the portfolio of large corporations. : Parenting Advantage

   * From a more theoretical perspective, the model does not address the possibility that an industry could be attractive because certain companies are in it.

   * Some people claim that environments which are characterized by rapid, systemic and radical change require more flexible, dynamic or emergent approaches to strategy formulation. : Disruptive Innovation

* Sometimes it may be possible to create completely new markets instead of selecting from existing ones. : Blue Ocean Strategy

  2.Differentiation Strategies:
1   Goal is to provide value to customers through unique features and
  characteristics of a firm’s products.
2   Differentiators focus or concentrate on product innovation and
  developing product features that customers value. Products
  generally cost more (offset cost of differentiation).
3   Can’t completely ignore costs.
  Differentiation Strategies:
4   Can differentiate based on:
5   Superior quality (John Deere, Mercedes)
6   Customer service (IBM or Caterpillar)
7   Engineering design (Hewlett-Packard)
8   Unique features
9   Image of prestige or exclusivity (L’Oreal Cosmetics, Mercedes)
10   Package design (Arizona Iced Tea)
11   Requirements for usage:
12   Use may require a high market share initially.
13   Implies a trade-off with low-cost (i.e., costs to differentiate).
14   Generally leads to a lower market share than in the low-cost approach.

Differentiation Strategies:
1   Defense against 5 competitive forces:
2   Competitors - Decreases rivalry due to brand loyalty and resulting lower
  sensitivity to price.
3   Suppliers - Allows an increase in price margins (customers willing to pay
  more, can withstand supplier price changes).
4   Buyers - Removes buyer power due to a lack of comparative alternatives.
5   New-entrants & Substitutes - Requires others to overcome customer
loyalty and product uniqueness.

Differentiation Strategies:
1   Competitive risks:
2   If selling price is too high buyers may become price sensitive despite
  customer loyalty or uniqueness (price differential between standardized
  and differentiated product is too high).
3   Buyers may decide they don’t need the special features (means of
  differentiation no longer provides value).
4   Rival firms may imitate the product thereby decreasing product
5   When to use:
6   When ways exist to differentiate the product which buyers perceive
  to have value.
7   When uses of the item are diverse.
8   When not many rivals are using the same strategy.

approaches to positioning strategy:

(1) Using product characteristics or customer benefits,
1.Using SERVICE  Characteristics or Customer Benefits
Probably the most-used positioning strategy is to associate an object with a product characteristic or customer benefit. Imported automobiles illustrate the variety of product characteristics that can be employed and their power in image creation. Honda and Toyota have emphasized economy and reliability and have become the leaders in the number of units sold. Sometimes a new product can be positioned with respect to a product characteristic that competitors have ignored. Sometimes a product will attempt to position itself along two or more product characteristics simultaneously. Sometimes different models of a product may be positioned towards different segments by highlighting different attributes.
It is always tempting to try to position along several product characteristics, as it is
frustrating to have some good product characteristics that are not communicated. However, advertising objectives that involve too many product characteristics can be most difficult to implement. The result can often be a fuzzy, confused image, which usually hurts a brand.
Myers and Shocker have made a distinction between physical characteristics, pseudophysical characteristics, and benefits, all of which can be used in positioning. Physical characteristics are the most objective and can be measured on some physical scale such as temperature, color intensity, sweetness, thickness, distance, dollars, acidity, saltiness, strength of fragrance, weight, and so on.
Pseudophysical characteristics, in contrast, reflect physical properties that are not easily measured. Examples are spiciness, smoky taste, tartness, type of fragrance (smells like a . . .), greasiness, creaminess, and shininess. Benefits refer to advantages that promote the well being of the consumer or user.


So how should you go about formulating your positioning plan? There are essentially 2 ways of going about it.
(a) Market Positioning.
(b) Psychological Positioning

Market Positioning
It is a three-step process:
(i) Identify market opportunities.
(ii) Segment the market and select the right segment.
(iii) Devise a competitive strategy.
The whole idea is to meet market requirements better than the competitors can.
1. Explore the Market
Ask which are the areas where the company has distinctive advantage over the competition. Study the sales potential of the new market and its growth rate. Do financial calculations like to produce, profits, pricing etc. Understand market dynamics and channels of distribution.
Put the key factors that may contribute to success on paper.
2. Segmentation and Targeting
Markets can be segmented on different bases, e.g., users, products. Further segmentation be on the basis of end-use. The marketer targets his product to a particular segment. While doing so, competitor's positions are kept in mind, by drawing a product space map (PSM).
3. Competitive Strategy
Identify the competitor's weaknesses and your company's strengths. Emphasize your strengths to differentiate your offer. The company identifies the most important differences to develop strategy.
Consider factors like:
(i) Market share
(ii) Profitability
(iii) Product range
(iv) Corporate profile
(v) Financial strength
(vi) Cost position
(vii) Product differentiation
(viii) Quality of management, technology, distribution
(ix) Reputation.
Find out the gaps between you and your competitors against the above-listed factors. It will give you an offer that distinguishes you - a benefit bundle or value package consisting of price, distribution and service mix.
These days many products are technologically so similar to each other and distinctions are not possible. The other possibilities to distinguish the offer are so many - warranties, after-sales-service, installment offers, price-offs, discounts, strong distribution, responsiveness etc.

Psychological Positioning

Basically, psychological positioning is a communication exercise that follows AIDA: Attention, Interest, Desire and Action model. It is derived from market positioning and tells who the company is, what the product does, and what to expect from the purchase.
The brand name, the look and the packaging must complement the psychological positioning. Consumer behavior is driven more by feelings than rationale, and even the most aptly positioned brand might fail if it does not strike the right chord. Brand ultimately has to build a relationship with the customer. Benefits and benefit gaps are easy to identify through research. Feelings are more difficult to get to. Coffee, for instance, is about intimacy, romance and togetherness. Titan is a gift of appreciation. Lakme and Vareli touch a streak of narcissism in a woman. Brand positioning is thus not just occupying a slot in the mind of the consumers. It is about ruling the heart also.

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Leo Lingham


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