Power Must Never be Trusted Without a Check - Free Essay Example

Sample details Pages: 6 Words: 1845 Downloads: 2 Date added: 2017/06/26 Category Politics Essay Type Critical essay Tags: Political Essay Power Essay Did you like this example? à ¢Ã¢â€š ¬Ã…“Power must never be trusted without a checkà ¢Ã¢â€š ¬Ã‚ -John Adams. When a government is to be formed, one of the major concerns of the forefathers of a nation is that there is enough liberty given to each organ of the state so as to ensure their proper functioning and liberty, the government is supposed to be divided into three separate organs (the legislature, the executive and the judiciary )with a special system of à ¢Ã¢â€š ¬Ã‹Å"checks and balancesà ¢Ã¢â€š ¬Ã¢â€ž ¢. This was the system proposed by Montesquieu an eighteenth century philosopher. Don’t waste time! Our writers will create an original "Power Must Never be Trusted Without a Check" essay for you Create order Almost all forms of governments around the world, including the Indian Government tried to adopt a similar structure. It was a good beginning of the process for forming a successful government, however the problem starts when we enter into the twenty first century and the government still remains hung over to the ideas of Montesquieu and his theory of having only three organs à ¢Ã¢â€š ¬Ã¢â‚¬Å" the legislature, the executive and the judiciary. In order to understand this issues with this theory, we shall discuss the ideas and critiques pointed out by Bruce Ackerman in his article à ¢Ã¢â€š ¬Ã…“Goodbye Montesquieuà ¢Ã¢â€š ¬Ã‚ , where he explains how a à ¢Ã¢â€š ¬Ã…“a new separation of powers à ¢Ã¢â€š ¬Ã…“ is emerging in the twenty first century. For the ease of understanding lets consider the situation with the Indian Government. The Indian Government has not adopted a rigid separation of powers, which complicates the situation even more. There is a broad categorization of the three major organs the legislature, the executive and the judiciary, but their boundaries are not as strong as that in the United States of America. In a nation like India, which is the worldà ¢Ã¢â€š ¬Ã¢â€ž ¢s largest democracy, one has to be cautious while demarcating the organs of the government. As observed by Nicholas Robinson in an article, there is a continuous tug of war between the legislature and the executive for power. We saw how, political redress though having a higher level of access to the people could not fetch them even a satisfactory level of remedy while the judiciary which has a lower access to people had a better rate of grievance redress. The winner among the three being administrative redress, which leads to the formation of another organ dividing the à ¢Ã¢â€š ¬Ã‹Å"pure trinityà ¢Ã¢â€š ¬Ã¢â€ž ¢- delegated legislation. The legislature in India is a huge organ with a number of powers and responsibilities, in order to reduce its burden the legislature is often delegated to the executive, once again diminishing the line of separation of powers between the three organs. So how does one draw a line or keep a balance while separating powers? This proves that India does not really follow a rigid separation of powers, as also observed by HonÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¦Ã‚ ¸ble Chief Justice B.K. Mukherjea in the case of Ram Jawaya V. State of Punjab: à ¢Ã¢â€š ¬Ã…“The Indian Constitution has not indeed recognized the doctrine of separation of powers in the absolute rigidity but the functions of the different parts or branches of the Government have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption by one organ or part of the State of the functions that essentially belong to another.à ¢Ã¢â€š ¬Ã‚ [1] Thus we can say that the problem is not really separation of powers but when the separated powers and functions are not properly defined. The most di sputed organ of all is the executive as it is considered that too many powers are conferred upon them with the entire functioning of the bureaucracy and the delegated legislation. There are numerous debates on excessive delegation that is going around in this century. In cases like In Re Delhi[2], the issue which was discussed was that can the governor make a law in a state with a mere issuance of notification? Does this result to excessive delegation? In our opinion it does as making of laws is the main function of the legislature and executive should be delegated these function only in extreme cases. The legislature need not delegate so many powers to the executive that it loses its face value. Again in the caseof Ram Jawaya V. State of Punjab[3], the executive made a law without a back up from the legislation. The problem with the executive making laws is that there is not enough debate on it in the parliament and the judiciary also does not always strike down delegated legisl ation as to be à ¢Ã¢â€š ¬Ã‹Å"pro-welfareà ¢Ã¢â€š ¬Ã¢â€ž ¢. Thus we can observe that there are a lot of problems within the organs of the government and not enough reason are given by these organs before or after passing of a legislation. Ackerman in his article further discusses the war for power between the bureaucracies and the politicians in a parliamentary form of a government, where the Prime Minister can try to populate the administration with their supporters in order to maintain support. On the other hand the civil servants try to get their way, as they are a part of the system for a longer period of time than the politicians, so they surely have an advantage. Bruce Ackerman has clearly pointed out the need for understanding separation of powers in his article Good Bye Montesquieu. While Montesquieus trinity did fit and suffice the segregation of organs of the 18thcentury it is hard to implement the same in todays scenario. Bruce has acknowledged and recognized th e new and independent organs functioning in the present society, which do not fit in the classic three organs of separation of power. A need to have in more blocks or more such organs is felt. However to draw a clear demarcation among them would be undesirable, an absolute and complete separation of powers is theoretically and practically impossible. If we are to understand and put separation of powers in a formula the essential components would be: a. The same individuals cant be simultaneously present in more than one organs of government. b. and any particular organ of government ought not control or meddle with the work of an alternate. c. That one organ of government ought not practice the capacities of an alternate. Such a formula is practically impossible to implement when machinery is such dependent on function of each of its organs that a communication amongst them is indispensable. What we can do is that a fourth entity can be brought into existence so that the tussle for power among the organs can be checked and regulated for a smooth functioning of the government. A hint to such a measure can be derived from the following observation: InPeoples Union for Civil Liberties v. Union of India[4]the Court observed that rule making is the function of the executive. As the learned Chief Justice Velma has pointed out in his Dr. K.L.Dubey Lecture: Judiciary has intervened to question a mysterious car racing down the Tughlaq Road in Delhi, allotment of a particular bunglow to a Judge, specific bunglows for the Judges pool, monkeys capering colonies to stray cattle on the streets, cleaning public conveniences, and levying congestion charges at peak hours at airports with heavy compliance of its orders. Misuse of the contempt power to force railway authorities to give reservation in a train is an extreme instance.[5] The Indian Judiciary is now moving from Judicial Activism to Judicial Adventurism. Policy decisions are best left to the exec utive. It is indisputable that Courts cannot run the government. If it tries to do that it would defeat the very purpose of the Constitution. Now the question that we are faced with is who will check such downtown approach of powers and in turn who will keep a check upon the organ checking the three organs itself? An evident trouble is that the claims made for the sake of inter-branch equalization for example, that development has vexed the offset of force between the limbs are made without passing on why we ought to think about that balance.Such claims rest on expected remarkable contrasts between the limbs of government; the conveyance of power around the extensions matters in light of the fact that those organizations wont choose addresses in the same way. That instinct about inter-extension distinction is taken as truth, however it is pitifully underpinned furthermore open to address. Nonetheless, understanding why we ought to think about this inquiry is a venture forward. It doesnt, nonetheless, safeguard the idea. In fact, it is a sad undertaking to discuss equalization around the extensions of government. We have not verged on articulating a dream of what a perfect equalization might look like. Even assuming that we had handled that regularizing inquiry, we have no real way to measure the circulation of force around the extensions sometime or another in time and no strategy to anticipate the impact of an institutional plan. In short, we dont comprehend what offset implies, how to measure it, or how to foresee when it could be endangered. All these inadequacies are part of the way clarified by the last and most central trouble with this thought. Inquiring about balance equalization is incongruous in light of the fact that it expects that limbs of government are unitary substances with durable investment, yet that is not accurate. The establishments of the national government are made up of people and sub-establishments with changing impetuses that dont conveniently track the establishment inside which they are placed. Hence there can never be a separation and can never be a cent percent accurate measure for checking the intrusion of one limb of the government into the another and one trying to overpower the another. In strict sense the principle of separation of powers cant be connected in any up to date Government either may be U.K., U.S.A., France, India or Australia. At the same time it doesnt imply that the standard has no significance now a days. Government is a natural solidarity. It cant be separated into air tightcompartments. History demonstrates this. Assuming that there is a complete partition of forces thegovernment cant run easily and adequately. Smooth running ofgovernment is conceivable just by co-operation and shared alteration of all the organs of the administration. Prof. Garner has rightly said, à ¢Ã¢â€š ¬Ã…“the doctrine is impracticable as a working principle of Government. It is not conceivable t o order the capacities of every one of the three extensions of Government on numerical foundation. The perception of Frankfurter is prominent in this association. As stated by him Enforcement of a rigid conception of separation of powers would make Government impossible. It is our idea that the precept of Montesquieu is not just a myth, it additionally conveys a truth, yet as in every organ of the Government ought to function on the guideline of Checks and Balances connoting the reality that none of the organs of Government ought to usurp the fundamental capacities of the other. [1]Ram Jawaya V. State of Punjab AIR 1955 S.C. 549 [2]AIR 1951 S.C. 332 [3]Ram Jawaya V. State of Punjab AIR 1955 S.C. 549 [4]Peoples Union for Civil Liberties v. Union of India1997 1 SCC 301 [5]Peoples Union for Civil Liberties v. Union of India1997 1 SCC 301

The Age Of Viability During The First Two Years Of Life Essay

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He had his pacifier and I picked him up to play with him briefly before I left. 4. Briefly describe the most frequent activity that an infant does. Now†¦take your own sleep quiz and see if you are sleep deprived. The most frequent activity an infant does is cry and babble. Crying is almost an automatic thing when it comes to infants, you really have to be able to understand the reason in which they are crying for and act on it. 5. Briefly describe the growth of the infant brain during infancy. BetweenShow MoreRelatedCase Study Activity Of State Abortion Statue1599 Words   |  7 Pagesperform the actions.† Without today’s current technology, maternal and infant mortality rates during childbirth were extraordinarily high. â€Å"(National abortion Federation, 2016) as time contained states changed and modified their laws to accommodate political agendas, these opposed to legal abortion had begun to fight absent any stated funded abortion clines. Then there was Roe v. 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Eth 316 Company Code of Ethics - 1035 Words

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False Memory Essay - 1786 Words

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Grant Proposal for Hydrologic and Energy Saving - myassignmenthelp

Question: Discuss about theGrant Proposal for Hydrologic and Energy Saving. Answer: Administrative Summary: Proposal Working Title: Relation existing between Green Walls and insects biodiversity Proposal Summary: While green walls and roofs are commonly found in the urban settings, and have always been appreciated for the hydrologic and energy saving benefits they offer, it is a less acknowledged fact that green walls actively contribute to the conservation of plant as well as animal biodiversity. Since the benefits of green roofs in supporting the generalist species especially insects is poorly documented, this project aims to discover the relation existing between green walls and insects biodiversity. A5. Impact Statement: 75 words Impact Summary: Urban biodiversity is almost non-existent in todays world, and yet the creation of green infrastructure can help in conserving nine thousand insects, such as Hemiptera, Coleopteran and Diptera. The abundance and richness of the species of insects requires to be highly maintained, and yet it becomes challenging in a polluted, urbanized set-up. In such a situation, the research project will help in enlightening ways the incorporation of vegetative technologies and vegetated facades in the urban planning of Sydney can help in maximizing biodiversity gains, by supporting generalist species, especially insects. Classification and Other Statistical Information: Does this Proposal fall within one of the Strategic Research Priorities? Yes Strategic Area Strategic Goal Living in a changing environment Identify vulnerabilities and boundaries to the adaptability of changing natural and human systems - This research will help in overcoming the problems associated with environmental change of an urban set-up, so as to improve the biodiversity in Australia and improve insects sustainability. Living in a changing environment Manage risk and capture opportunities for sustainable natural and human systems- this research will help in enlightening ways in which the green infrastructure can be used to ensure insect diversity. Project Description: Project Title: Relation existing between Green Walls and insects biodiversity Project Aims: The concept of urban biodiversity has emerged to be an important concept that seeks to conserve the loss of specialist and any other kind of species that is sensitive to urbanization. This is exactly the reason behind the increasing popularity of the green walls in and around the cities. In fact, Sydney in Australia alone boasts of a large number of moss walls and vertical gardens. However, while the green walls have been widely appreciated for their aesthetic as well as economic and environmental benefits, few people are aware of the role this green infrastructure plays in increasing the sustainability of insects. This project will help in demonstrating the relationship existing between green walls and insects biodiversity. Project Background: Green roofs and walls form an integral feature of the urban infrastructure which usually consist of plants and mosses, growing in light-weight growth medium laid over drainage and waterproofing layers (Madre et al. 2015). The most popularly known benefits of green roofs include its ability to retain water, increase the energy efficiency of the buildings, as well as cooler microclimates. However, the lesser known fact in this regard is that green roofs and walls also provide habitat to a rich variety of species, especially the insects. The ecological benefits are least promoted, and deserves special mention here. A large number of studies have confirmed the presence of insects on the green roofs and walls, and all the studies indicated that the bees, spiders, moths, butterflies, and soil-dwelling anthropods, were most commonly found here (Rupprecht et al. 2015). Thus, the habitat creation for insects thereby enriching insect biodiversity has been recently cited as one of the most impo rtant benefits of green roofs and walls. Although research evidence suggests that insects are usually more abundant in evergreen foliage rather than the deciduous foliage, the insects species richness is an important quality characterizing the green walls and roofs. At the same time, research data also suggests that if the vegetation is composed of monoculture, or it was composed of a polyculture, insect richness might be different in each of the cases (Williams et al. 2014). Thus, although vegetation diversity can affect insect biodiversity differently, the green roofs and walls do help in increasing insect species richness. The vegetated facades are well-capacitated to shelter anthropods, and help in creating enhancing insects biodiversity. There is no gain stating that the vertical greening system can be deemed to be an effective mimicry of natural vertical habitats just like cliffs that are covered with climbing plants or vegetated waterfalls, thereby helping to create potential analogue habitats for organisms. Hence, insect biodiversity is one of the major benefits of green walls and roofs. Research Project Significance of the problem Due to the high pressure of modernization, urban places in Australia is suffering from loss of greeneries that has resulted in risks biodiversity depletion. There are more than 2000 species of insects in Australia, which are highly dependent upon the balance of ecosystem. The use of green walls is believed to help the issue related to loss of greenery is in the urban areas of Australia. However, due to lack of awareness among the australians about the significance of the green walls and also the high amount of cost that are involved in the construction work, very few people are interested in net construction. As the insect diversity are suffering from loss in the Australian ecosystem, currently it is high time to ensure that the ecological balance is being restored by improving the total amount of greeneries in the urban areas. The Exclusive relationship between the green walls and insect biodiversity will be explained in the following section. Method used in the research work In order to establish relationship between the green walls and insect biodiversity researchers will follow quantitative and qualitative form of research method. Researchers will collect data mainly from the secondary sources, which will help them to gather information related to the significance of green walls in the context of improving the level of greenery in urban areas. The researchers will also attempts to use the hypothesis form of Research Design, which is highly essential in the context of establishing relationship between ecological balance of insect biodiversity and green walls. The researchers will at the beginning study the importance of existing green walls and collect data about the insects that are found in the areas around the green walls. The researchers will conduct this study at least upon 50 green walls that are already constructed in urban and suburban areas of Australia. Regions of green walls having high volume of insect biodiversity will mainly be focused upon. The researchers also need to identify the insect species that are discovered in the areas around green wall, which will help them to understand the major types of insects that will be benefited with construction of more number of Green walls. It will be also important for the researcher to focus upon the biological life cycle of each of the insects. This will help them to understand the significance of green wall and the plants that are used, which can have a major contribution of on the biological life cycle of insects. The study also need to focus up on the planet diversity or the type of plants that are mainly associated with the green walls. The study also need to focus upon green walls that are constructed in golf courses, urban part and residential Gardens. After the data are being collected from various sources related to the green walls and insect biodiversity, the researchers will use statistical tools in the form of quantitative data analysis method. This will help them to properly evaluate and establish hypothesis of relationship between green walls and insect biodiversity. Feasibility of the project The process of Data Collection that will be used is highly visible in context of the research work. As the popularity of green walls in the urban areas of Australia especially in golf parks and residential parts are going high, it will be highly feasible for the researchers to collect relevant data from the given sources. It will also be easily possible to collect the data about the insect biodiversity that are available in the urban areas in Australia. This will help in understanding the importance of relationship between the Biodiversity in green walls and insect biological life cycle. Hence, the research work will attempt to establish effective relationship between the existing green walls and insect biodiversity. As data about the insect biodiversity will be collected it will help in the feasibility to understand the significance of the greeneries that is helping to maintain the insect biodiversity. Research Design of the project will help to make it more feasible due to the fact that it will be easily possible to collect the data and establish the relationship. Research will be conducted within a period of 7 weeks. In the first week the research will decide upon the green walls in the Australian urban areas from where they are willing to collect relevant information. The next to week the researchers will focus upon collecting important information related to the green walls and insect biodiversity. In the following week, the researchers will use the data for identifying the insect biodiversity. Expected outcome and impact of the research The result of the research work is expected to identify all the major type of insect species that are growing in the urban areas of Australia due to the construction of green walls in residential parks and golf parks. Research work will also highlight upon the biological life cycle of the insects and thereby help to understand the evolution process that the insects have adopted in order to survive in the urban areas. It will thereby help to understand the change process that have undergone in the biological life cycle of the insects as they are adopting in the urban lifestyle. The result of the research work is expected to raise the awareness of the eco friendly people in Australia about the significance of constructing green walls. This is because the expected result of the research work will highlight upon the growth of insect biodiversity that is mainly possible due to rise in the number of Green walls. Economic, environment and social benefit of the project As a project work will help in raising the level of awareness within the common people about the importance of clean walls, it will help in the process of economic and urban social development. This will be more important in the context of the current days due to the fact that the activity of modern human beings imposing a great pressure upon the environmental ecosystem. The green walls are also believed to be economically sustainable due to the fact that it can also act as Natural air conditioner, thereby reducing the cost of energy consumption in domestic households. As the total number of species are increased due to the insect biodiversity, it is also possible to maintain the environmental balance in the urban areas (Prodanovic et al. 2017). Potential of the research work After successful evaluation and conclusion of the research work, it will easily be possible to understand the evolutionary adaptation that occurred within the lifestyle of insects. This will help in the process of reducing the environmental degradation in the form of air pollution. As scientists will be able to understand the change in the biological life cycle of insects, it will possible for them to suggest future steps to enhance the construction of green walls. This will help in the process of raising the Awareness of the people about taking initiative of constructing more number of Green walls in urban areas. Ethical and Bio-security Considerations It is highly important for the researchers to consider the ethical factors associated with the research work. As they are dealing with the subject of biological diversity, it is important for the researchers to ensure that they do not cause any harm to the biological lifecycle and local ecosystem for the sake of the research work. The researchers will also need to identify the risks that are associated due to the investigation work. For this research work, investigators need to follow significant procedures to ensure that no insects are being harmed while they are conducting study about their biological life cycle. This is the essential step for bio security that is a part of the research ethics (Hinchliffe et al. 2013). Reference List: Hinchliffe, S., Allen, J., Lavau, S., Bingham, N. and Carter, S., 2013. Biosecurity and the topologies of infected life: from borderlines to borderlands. Transactions of the Institute of British Geographers, 38(4), pp.531-543. Madre, F., Clergeau, P., Machon, N. and Vergnes, A., 2015. Building biodiversity: Vegetated faades as habitats for spider and beetle assemblages.Global Ecology and Conservation,3, pp.222-233. Prodanovic, V., Hatt, B., McCarthy, D., Zhang, K. and Deletic, A., 2017. Green walls for greywater reuse: Understanding the role of media on pollutant removal. Ecological Engineering, 102, pp.625-635. Rupprecht, C.D., Byrne, J.A., Garden, J.G. and Hero, J.M., 2015. Informal urban green space: A trilingual systematic review of its role for biodiversity and trends in the literature.Urban Forestry Urban Greening,14(4), pp.883-908. Williams, N.S., Lundholm, J. and Scott MacIvor, J., 2014. Do green roofs help urban biodiversity conservation?.Journal of applied ecology,51(6), pp.1643-1649.

International Business and Enterprise BHP Billiton

Question: Discuss about the International Business and Enterprise for BHP Billiton. Answer: Introduction: BHP Billiton is one of the leading companies as per market capitalization in Australia. BHP Billiton is Anglo-Australian Mining, metal and petroleum organisation based out of Melbourne Australia. The company is assessed as worlds largest mining companies which has already bitten companies like British Petroleum and Exxon Mobil in market shares. The company has been able to put Australia in the international mining map. The company was formed due to the result of the merging of two Australian companies which are Australian Broken Hill Proprietary Company Limited and (BHP) and Anglo Dutch Billiton in the year 2001. Since the company has created history by becoming the largest company in Australia and also have a huge financial share in the Australian market but have a primary listing in the Australian Stock Exchange (Cavusgil et al., 2014). The global mining and petroleum industry is a highly competitive industry in the world and hence it is extremely important that the company strategises its business movements effectively in order to capture market share in the global market. The company has its headquarters based in Melbourne Australia and its global headquarter is based out of London United Kingdom. The company has got a total strength of around 30,000 employees which has been effective in meeting the objectives of the company. In Australia the company has around 7000 employees working in its mining zones and offices and the rest in other plants and global headquarter in UK. It is important to mention that the company has been able to gain competitive advantage in the market with the help of efficient employees and effective business strategy. The company operates in coal, copper, iron ore, petroleum and potash mining and has been able to provide their services in all across the Australia through its effective minin g services (Rugman Collinson, 2009). Even though the company has its global headquarters in Melbourne and London but the company also have offices in places like Houston (US), Santiago, Perth, Brisbane (Australia), Kuala Lumpur (Malaysia), Singapore and Shanghai (China). It is important to mention that the companies have been able to attract a huge number of shareholders due to its extensive operation in all major countries of the world. The company has also shown great interest in gas extraction and has become one of the leading companies in Australia to provide oil and gas services (Buckley Casson, 2010). In the recent past the company has faced few controversies but the company has been very particular about its corporate governance and corporate social responsibility. In the last financial year the company has donated around US$ 100 million for charitable funds and has also taken environmental initiatives in different parts of the world where it operates. The company is also v ery particular about its workforce and tries to recognise the contribution made by its employees that helps the company to have an effective rapport with the employees which has helped the company to improve its business procedure and operations to a large extent, and this has made BHP arguably the leading company in Australia (Schaffer et al., 2011). It is quite natural when a company works in a particular state the regulatory frameworks will tend to affect the company either in a negative way or in a positive way or in both ways. It is extremely important for a company to conform to the regulatory frameworks laid down by the local governmental bodies or the central government in order to have a peaceful relationship between the entities. In this case BHP has to abide by different regulatory frameworks that affect the operations of the organisation to a large extent. The economic regulatory frameworks laid down by the Australian government are the one that affects the company directly. Even though the company takes pleasure in supporting the government for the visible economic growth and development of the country but it directly affects the revenue generation and overall profit making (Penrose, 2013). It is important to mention that the Australian tax legislation has been an old one but it has been constantly modified for the pe rsonal taxes and property tax but the corporate tax is a tax system which has not seen changes for a long time. As per the Taxation Administration Act 1953 as well as the Australian Tax Law 2016 the corporate tax is around 30% for bigger multinational companies which are mostly paid by the company based on their profit before it is distributed to these shareholders. This clearly affects the profit of the company as in the last year the company has paid around 72% of its total tax to Australian government which comes up to around US$ 5,245 million (Wild et al., 2014). Fig 1: Tax Payment Australia Fig 2: Pie Chart Tax payment Australia Source: https://www.bhpbilliton.com/~/media/12d7d9572f1042a4b6cdb0bd7abe5c09.ashx On the other hand the company also has to pay Capital gains Tax which is around 33 and half percent on usable assets which the company has to pay as well. It is important to mention this economic regulatory framework overall affects the net profit and gross revenue generation of the company since huge amount of tax is given to the government. In the recent past there has been a Joint Government Environmental Impact statement enforcement which shows the effect of BHPs expanded mining operation in Northern Territory of the Australia and there have been contradictions with it. The company has opposed that it is not using any extended land for mining operations and will ensure the stability of the environment in the area but reportedly nullified by the joint government in Australia. Even though the mining operation in question produces around 1Mtpa of Copper but it is also in talks with the government in order to start another open Pit Mine which has not been agreed upon so far due to en vironmental impacts (Dunning, 2012). It could be said that this EIS framework has affected the business as it has not been able to open the mine and this has financial impact on the company as the company might be losing on to around 100millions from this mine itself. Overall it could be said that the regulatory framework has mostly affected the company in terms of finance and hence it could be said that it has a negative effect on the business. It is important to mention that this framework has been formed in order to ensure that there is no further environmental impact especially regarding the constant degradation of soil and erosion. This has clearly affected their business in Australia (Tricker, 2015). In the recent past there has been number of controversies that BHP has got involved into. It could be said that the company has somehow not been able to work effectively with the governments favoring the work process of the company. With the debacles happening in mines in Brazil socially in Samarco and the red mud tragedy in the Bento Rodrigues Dam disaster in Brazil have landed the company in trouble and since then the company had to face treaties in order to work effectively even in Australia. With the number of international agreements that Australia is getting into it is quite clear that the country wants to have a clear and a transparent diplomatic relationship with countries like USA, China, Japan et cetera. Since these countries have supported Australia in different situation the country has promised to support these countries with the free trade agreement. With the free trade agreement happening right away it has been seen that a lot of companies have started suffering troubl es due to it (Prado Lorenzo et al., 2009). BHP for instance has had its market in US and China but with the Australia getting involved in the free trade agreements the company has had to reduce its prices of resources and supplies in these countries which has affected their business profit and this has backfired in their own country. In Australia the company had to increase the price of petroleum and gas for the consumers and have faced criticism due to this. With the different competitors coming into play in the market in the form of Royal Dutch Shell, Exxon, Chevron the position of the company has been strongly challenged. Hence it could be said that the Free Trade Treaty has acted in opposite for the country company (Woellner et al., 2016). In a recent Case against BHP was bribery case through which the company was liable to be punished and charged with a felony for bribery and the company could have been sued with financial punishment. Australia and New Zealand are involved i n number of treaties together and it helps the companies to work within the two countries. Both the countries have a Free Trade Agreement and this has helped the companies working both Australia and New Zealand to work effectively with very less charge. BHP is able to work on mining and other operations and provide services to the Australian consumers with any charges paid to the Kiwi counterpart. It has helped the country to provide services cheap and affordable which has helped to gain competitive advantage in the Australian market. It is important to mention that these treaties have affected the business of BHP Billiton directly. Australia have signed up number of treaties which is likely to develop the business of certain types of exporter and it is important to mention that BHP Billiton has to work with different suppliers and one of the most important supply that the company wants is resources and manpower is extremely important and this is what the company is able to bring fr om the foreign countries in order to work in the mines and other extraction sites which helps the company to provide the best possible service to the consumers in Australia (Coulton Ruddock, 2011). Australia and Germany has signed a new tax treaty which will help to augment the bilateral trades of the countries and is also likely to develop the trade within the countries effectively. BHP has mines in different areas of the world and hence it is important that the company is able to handle them. It is important that the company is able to get all the available resources at an affordable cost and hence working in Australian mines with the exported supplies at less cost from Germany due to the tax treaty. Hence it will help the company to provide services at an affordable cost (Schaffer et al., 2011). BHP Billiton has captured a huge market in the Oil and Gas market in Australia but with the constant pressure coming in the market the company has to strategise its business movement and get competitive advantage in the Australian market. It could be said that BHP Billiton has consistently performed well in the global market as well but in the recent past the cases in Brazil have stirred huge controversy which might move towards getting another treaty between Brazil and Australia which would restrict the company from going into rigorous expansion plans in the South America which is likely to impact the Australian market as well (Breen, 2010). Overall it could be said that the treaties made by the Australian government it could said that recent cases in foreign sites of the BHP Billiton would affect the market directly. On the other hand conventions or agreements that Australia gets into with other countries have a pretty even impact with a mix of positives and negatives for the company. Overall it could be said that the present study has been able to discuss the key aspects of corporate and enterprise law with reference to BHP Billiton one of the leading companies in Australia (Silva da Rosa et al., 2012). References Breen, M., 2010. Digital determinism: culture industries in the USA-Australia Free Trade Agreement.New Media Society. Buckley, P.J. and Casson, M., 2010. A theory of cooperation in international business. InThe Multinational Enterprise Revisited(pp. 41-67). Palgrave Macmillan UK. Cavusgil, S.T., Knight, G., Riesenberger, J.R., Rammal, H.G. and Rose, E.L., 2014.International business. Pearson Australia. Coulton, J.J. and Ruddock, C., 2011. Corporate payout policy in Australia and a test of the life cycle theory.Accounting Finance,51(2), pp.381-407. Dunning, J.H., 2012.International Production and the Multinational Enterprise (RLE International Business). Routledge. Penrose, E., 2013.The Large International Firm (RLE International Business). Routledge. Prado Lorenzo, J.M., Gallego Alvarez, I. and Garcia Sanchez, I.M., 2009. Stakeholder engagement and corporate social responsibility reporting: the ownership structure effect.Corporate Social Responsibility and Environmental Management,16(2), pp.94-107. Rugman, A.M. and Collinson, S., 2009.International business. Pearson Education. Schaffer, R., Agusti, F., Dhooge, L.J. and Earle, B., 2011.International business law and its environment. Cengage learning. Schaffer, R., Agusti, F., Dhooge, L.J. and Earle, B., 2011.International business law and its environment. Cengage learning. Silva da Rosa, F., Rolim Ensslin, S., Ensslin, L. and Joao Lunkes, R., 2012. Environmental disclosure management: a constructivist case.Management Decision,50(6), pp.1117-1136. Tricker, B., 2015.Corporate governance: Principles, policies, and practices. Oxford University Press, USA. Wild, J., Wild, K.L. and Han, J.C., 2014.International business. Pearson Education Limited. Woellner, R., Barkoczy, S., Murphy, S., Evans, C. and Pinto, D., 2016.Australian Taxation Law 2016. Oxford University Press. Woellner, R., Barkoczy, S., Murphy, S., Evans, C. and Pinto, D., 2011.Australian Taxation Law Select: legislation and commentary. CCH Australia. https://www.bhpbilliton.com/~/media/12d7d9572f1042a4b6cdb0bd7abe5c09.ashx