Tuesday, May 26, 2020

The Scope Of Competency For Counseling Psychologists

Abstract This paper explores the difference between the scope of practice and the scope of competency of psychology subfields. This paper also elaborates on examples of professional fields in relation to scope of practice and scope of competency. Included research helps identify and elaborate more specifically on counseling psychologists and how the code of ethics is applied. The scope of practice for counseling psychologists includes helping individuals explore and recognize his/her strengths and identify a fitting-career and/or ways to cope with work problems between others. The scope of competency for counseling psychologists adheres to the same benchmarks that other practicing psychologists must follow, including the process of informed consent. It is important that all professionals in the field of psychology familiarize themselves with the APA code of ethics as well as the ACA competency benchmarks in order to be most successful in both practicing psychology and conducting future and on going research. Code of Ethics: Amanda Amanda is at the brink of a mid-life crisis. She thought she made the right decision moving to another state to pursue a life that was very different from her previous one. See, Amanda had moved all of her life and making new friends and adjusting is just what she did. Adaptability was merely a part of her. Making choices about what career to pursue or what university she would attend were fairly easy decisions because one thing she couldShow MoreRelatedThe Importance Of Teamwork And Health Care1409 Words   |  6 Pagespatients identified with eating disorders. The team would include a registered nurse, a dietician, a nurse practitioner and a psychologist. The registered nurse has to assist in weekly weight assessments and appointment scheduling. The dietician was assigned nutritional counseling; and enhancing awareness of the team’s project within the college community. The psychologist would assist in cognitive therapy and address any comorbid psychological issues. T he nurse practitioner would manage physicalRead MoreEthical Issues in Education Essay example1736 Words   |  7 Pagesstructure of the profession. It is essential that the present and future psychologist should be aware of the formal ethical codes of practices in psychology. The American Psychological Association (APA) developed this formal Ethics Code which demonstrates the approaches to the psychologist about logical, educational, and clinical behaviors to be followed while working as a licensed person. By applying the ethical code a psychologist can identify ethical issues, interrelate with others professionallyRead MoreEthics And The Ethical Standards Essay1626 Words   |  7 PagesThe Ethical Standards were set up to implement direct rules for conduct as a psychologist. Most of the Ethical Standards were composed extensively to apply against psychologists in an assortment of roles, even though the utilization of an Ethical Standard may differ which is contingent upon the unique situation. The Ethical Standards are not exhaustive. The fact that a given conduct is not specifically addressed by the Ethics Code does not mean that it is necessarily either moral or untrustworthyRead MoreCode Of Conduct For A Behavioral Health Center1586 Words   |  7 PagesCode of Conduct for a Behavioral Health Center Shaquita Jefferson MHA622: Health Care Ethics Law Judy Roberts Ethical Code of Conduct for a Behavioral Health Center Clear Mind behavioral health center provides a wide range of excellent counseling and mental health services by well trained, qualified and licensed professionals. Clear Mind has been in operation since 1988. We serve over 20,000 children, adolescents, adults, seniors and their families annually. Ethical issues are prevalentRead MoreThe Origins Of Clinical Mental Health Counseling1458 Words   |  6 PagesThe profession of counseling has a rich and bold history, evolving through the years from varied disciplines and birthing diverse specialties and branches along the way. Often referred to as the youngest of the counseling specialties is clinical mental health counseling. Despite physical health’s grasp on the nation, mental health has been a major focus at various times throughout history and continues to become an ever growing concern for people in general. As people come to better understand mentalRead MoreIssues And Trends Of The Nurse Practitioner1747 Words   |  7 PagesMD practice. Balancing assessment, diagnosis, and treatment with caring defines NPs success as primary care providers. Understand the role and Scope of Practice of NPs is sometimes difficult for some to understand. The purpose of this paper is to define the role and history of NP, compare and contrast licensure versus certifications, understand NP Scope Of Practice and Standards of Care, discuss how the State Practice Acts regulate FNP practice, discuss credentialing and privileging, and differentiateRead MoreMental Health Counseling: Integrating Consultation and Social Advocacy1997 Words   |  8 Pagesalso help to make better the world around them. In order to respond to the thesis questions presented in this paper, we must first define consultation and social justice advocacy within the counseling context. Typically, consultation means a general meeting or conference between parties. In the counseling context however, we can say that it â€Å"usually involves three parties: a consultant, a consultee, and a client system. The consultant delivers direct service to the consultee, who delivers directRead MoreCase Study Of Kevon Collins1542 Words   |  7 Pagesbehavior problems after his death. Substance Use and Mental Health History: Kevon reported no history of substance abuse. He reported inpatient treatment at a facility for 30 days; however, he reported his mother never followed up with outpatient counseling. He reported he was diagnosis with Major Depressive, Single Episode, and Oppositional Defiant Disorder. He reported he picks his skin until it bleeds. Educational history: Kevon reported the teachers and classmates described him as being a bullyRead MoreStrengths And Weaknesses Of Personality Testing1473 Words   |  6 PagesPsychologists have utilized objective and projective for so many years that they are now in education courses, editorial works and even scientific articles. According to Meyer Kurtz, (2006) in personality testing objectives are â€Å"instruments in which the stimulus is an adjective, proposition, or question that is presented to a person who is required to indicate how accurately it describes his or her personality using a limited set of externally provided response options (true vs. false, yes vs.Read MoreThe Ethical Dilemma of Playing Both a Therapeutic and a Forensic Role: the Difference3154 Words   |  13 PagesApril 20, 2013 Abstract There are specific differences between forensic psychologists and counseling psychologists/therapists. Not just the obvious differences such as the forensic psychologist being retained by the courts, prosecution, or defense, and the counseling psychologist performing therapeutic treatments and sessions to help the client/patient heal, but other ethical differences that enable the forensic psychologist to disclose his/her finds to the entity that has retained him/her to assess

Tuesday, May 19, 2020

Internet and Itss Services. - 5106 Words

Internet and its services. Richard Zuber DL Efficient and Effective Self-Expression BC302 Bill Bagatelas Research Paper 11/24/2001 Working with Internet does not mean just browsing www and sending and receiving e-mails. The Basic Structure of the Internet was developed through last 30 years of existence of the Internet. The Internet is a heterogeneous worldwide network consisting of a large number of host computers and local area networks. The Internet uses the TCP/IP suite of protocols. This allows the integration of a large number of different computers into one single network with highly efficient communication between them. This way, the user can access information on all kinds of host computers from a desktop PC, Macintosh, or†¦show more content†¦Listserv, the most popular program for managing discussion lists also handles subscription via mail messages, archives incoming messages, and allows users to retrieve these and other archived files. Thousands of discussion lists focusing on all kinds of topics exist on the Internet. Topics range from various hobbies, political discussions to operat ional aspects of different computer systems and research questions. For the user, discussion lists are an easy way to identify and contact a large number of people with similar interests. A discussion list can also be considered as a worldwide forum for expressing views and discussing opinions. While messages are automatically sent to all subscribed users in the case of a discussion list and one has to be subscribed in order to receive the messages, messages in Netnews are distributed between a net of servers. Messages are organized in a hierarchy of newsgroups. Incoming messages are stored for a particular period in a publicly accessible area. Each user can connect to this area, browse through the stored messages, and respond to any one of them. This way Netnews allows for a better overview of ongoing discussions but requires the user to actively connect to the respective area. One of the reasons for the creation of a computer network like the Internet was to give users access to remote computers and to allow them to transfer files to and from this machine. These are typical demands forShow MoreRelatedCompensation And Benefits Of Employees921 Words   |  4 PagesYou are the HR manager of a relatively new retail company that has both retail stores and Internet sales. Your company is steadily growing in revenue and profitability. The company realizes that in order to retain the solid, highly productive workforce it currently has in place, it is important to enhance the base compensation and benefits package offered to the employees. The company currently offers a basic compensation program and only federally mandated benefits. Employee surveys suggest theRead MoreColorado Coalition Against Sexual Assault987 Words   |  4 Pageswebsite was going to be more precise than how she would exactly word it. CCASA is a membership organization that promotes safety , justice, and healing for survivors of sexual assault while working to eliminate sexual violence (CCASA, 2016). CCASA services Colorado communities only and have a vision that Colorado communities believe and support survivors, hold perpetrators accountable, and take action to end sexual violence (CCASA, 2016). CCASA has a list of core values that are followed that helpRead MoreApples Profitable but Risky Strategy2540 Words   |  11 Pagescompany to setback and achieve a competitive advantage against its competitor and rival is called competitive strategy. This type of strategy is frequently used in marketing, promotion and advertising operations by somehow questioning the rivalrys service or product. Competitive strategies are vital to businesses which are competing in markets for the leading position, the market which is deeply saturated with substitutes for consumers. (Porter,2008). This case study is truly about the competitiveRead MoreIndustrial Training Report2225 Words   |  9 Pagesimagination from both of you. Besides, this internship program makes me realized the value of working together as a team and as a new experience in working environment, which challenges us every minute. Not forget, great appreciation go to the rest of ITS’s staff that help me from time to time during the project. The whole program really brought us together to appreciate the true value of friendship and respect of each other Great deals appreciated go to the contribution of my faculty - Faculty of Business

Friday, May 15, 2020

The Fiction Genre Of Gothic Fiction - 1963 Words

The Literary fiction genre of Gothic, including Crime and Horror, usually features a figure of Otherness as either the protagonists of antagonists of the story. The noun Otherness is used in this context to describe a being that is different from the norm. This could be a creature that is not human at all or an individual as representation of a minority group in the human society, in either race, class, sexuality or gender. These figure often have the function of discussing issues, such as homosexuality or gender inequality. â€Å"Gothic fiction of the nineteenth century specifically used the body of the monster to produce race, class, gender and sexuality within narratives about the relation between subjectivities and certain bodies.†Ã¢â‚¬ ¦show more content†¦The most famous vampire however, is Bram Stoker’s â€Å"Dracula†, antagonist of the eponymous novel that was first published in the year 1897. Since its popularity in Victorian Gothic literature, the v ersatile creature has never lost its position as one of the most used monsters in fiction, not only restricted to the genre of Horror. The vampire is able to adapt to every generation without any difficulties and thereby avoids being exposed in its Otherness. In Victorian times as well as contemporary times, the vampire is used to raise attention to social anxieties and fears about differences in mankind. In the early nineteenth century, one of the biggest threats to humanity were contagious illnesses, such as tuberculosis and syphilis. After the fast increasing of cities during the Industrialisation, illnesses spread more quickly and every member of society could be infected. Being turned into a vampire was often used as an image of the outbreak of a lethal illness. One the most apparent similarities between a lethal disease and the transformation to a vampire is the infectiousness through blood or other bodily fluids. The way Dracula’s victims are infected is through exchan ge of blood, which is how sexual transmitted diseases, like syphilis or nowadays the similarly as lethal AIDS, are carried. Bruce Hale offers a description of the development of cholera in Victorian times: â€Å"thirst and dehydration; sever pain in the limbs, stomach, and abdominal muscles; a change skin hue to aShow MoreRelatedGothic Fiction Genre in Tell Tale Heart by Edgar Allen Poe and Flannery O’ Connor’s A Good Man is Hard to Find571 Words   |  2 Pagesthe old mans heart. It increased my fury, as the beating of a drum stimulates the soldier into courage.† –â€Å"Tell Tale Heart† by Edgar Allen Poe The Gothic fiction genre has been known for its gory and gruesome imagery ever since the 1800s. This genre has flourished from one generation to another into many other sub-genres including the Southern Gothic. With â€Å"Tell Tale Heart† Edgar Allen Poe out does himself with his incredibly brutal descriptions as seen in the quote above. In an ongoing battle ofRead MoreThe American Gothic in The Fall of the House of Usher by Edgar Allan Poe1539 Words   |  7 PagesThe end of the eighteenth century brought about the beginning of a new genre of literature in America; the American Gothic. Already a popular genre in Europe, this new strain of literature in America arose to create a rather abrupt contrast to the Enlightenment foundations upon which American was born. Instead of concerning subjects of liberty and the pursuit of happiness; key elements of the American dream, American Gothic literature embodies and gives voice to the dark nightmare that is theRead MoreReading Respon se # 3 : Code Breaking1173 Words   |  5 PagesCode-breaking I have, until this point in this course, complained that, with few exceptions, Science Fiction as a genre never seems to quite reach a critical mass where it can achieve breakaway-velocity and leave its rather conservative orbit of binary gender (and heteronormativity) behind. There seems to have been many times when the genre has tiptoed close to the edge of gender-binarism (for instance, in its sub-genre of feminist utopias), only to scurry away from the assumed precipice and remain firmly ensconcedRead MoreLiterary Critics Of Edgar Allan Poe1693 Words   |  7 Pagesrecognize him for. His long and intriguing stories about mystery and the macabre are just some examples of his classic writings. At first, Edgar Allan Poe was referred to as the inventor of the modern detective story and a specialist in the science fiction genre. It was not until later in his life that people began to acknowledge him as one of America s first admirable literary critics. Edgar Allan Poe was born in Boston Massachusetts, on January 19th, 1809. His parents, David Poe Jr. and ElizabethRead MoreThe Fall Of The House Of Usher, By Edgar Allen Poe1015 Words   |  5 Pagescommonly associated with the Science Fiction and Horror genres, E.T.A Hoffman’s â€Å"The Sandman† is, in fact, a work of Gothic prose as it identifies with all of the classic literary elements of this genre and the epistolary form only aids in these elements. Gothic Literature embodies the elements of the grotesque, the unknown, death/decay, liminal spaces, and romance, â€Å"The Sandman† has many common elements throughout in likeness with other great works of Gothic fiction, including Edgar Allen Poe’s â€Å"TheRead MoreThe Impact Of Romanticism In Jane Austens Northanger Abbey1500 Words   |  6 PagesOne of the many joys of reading is that a great novel can transport you to a completely different realm, dimension, or world. There are many genres of books that can do so, but one of the most important ones during the Romantic era w as gothic literature. In Jane Austen’s novel, Northanger Abbey, it is clear that she is commenting on the impact of gothic literature during this era. Austen creates this commentary based on the continual exaggeration and use of the word ‘horrid’ by characters, CatherineRead MoreMagic Realism And Gothic Literature905 Words   |  4 Pagesto the traits of gothic literature and magic realism because they both show life threatening situations. It is also different however, because Magical Realism is more relatable to a person with a normal life that has been interrupted with strange events, while in Gothic Literature one cannot connect as much to the character’s life. Gothic literature is pleasing horror or dark literature. Edgar Allen Poe’s The Fall Of The House Of Usher† is a good example of gothic literature becauseRead MoreMary Shelley and Flannery OConnor: Gothic Isolationists1724 Words   |  7 Pages Gothic fiction is a genre of literature that combines fiction, horror and Romanticism with a particular focus on the mysterious and supernatural aspects. Gothic fiction originated in England during the latter half of the 18th century. This distinctive genre of literature soon developed into a 19th century phenomenon. The success of this dominant genre in England is frequently attributed to Mary Shelley. Despite its success during this time period, gothic fiction ceased to be a dominant genre byRead MoreFemale Gothic The Monsters Mother Essay1534 Words   |  7 PagesFemale Gothic: The Monster’s Mother In Ellen Moers’ critical essay Female Gothic: The Monster’s Mother (1974) on Mary Shelley’s novel Frankenstein, she argues that Mary Shelley’s story is greatly influenced by her experience of motherhood. This essay uses the historical approach, biographical, and formalist approach at point. Moers references the cultural context of the novel, Mary Shelley’s experience as a woman and mother and how that influenced her writing, and focuses on the genre of the novelRead MoreThe Secret Life of Bees and How It Is Classified Under the Southern Gothic Genre792 Words   |  4 PagesThe Secret Life of Bees within the Southern Gothic Genre Most southern gothic literature deals with the disturbed and flawed characters; one of the most famous writers of this genre is Edgar Allan Poe. The southern gothic genre is characterized by grotesque, gruesome, or unbelievable incidents. The southern gothic genre is portrayed in many ways. Lily, the main character, goes through many difficult life experiences and learns many tough lessons. This book does not have a happy ending like a fairy

Wednesday, May 6, 2020

Biomimicry is a New Science to Solve Humans...

Biomimicry What is biomimicry? From bios, meaning life, and mimesis, meaning to imitate Biomimicry is a new science where entrepreneurs imitate nature’s time-tested processes, systems and designs to solve human’s sustainability problems. Sustainability Problem The sustainability problem referred to in this research project is the high energy consumption of air-conditioners in industrial facilities but also in households and its global and personal health problems (National Geographic online). There is too much money and electricity spent on air-conditioning all around the world, and percentages are rising. Air-conditioners have a negative impact on the environment as they can release refrigerants into the atmosphere, which deplete the ozone layer. Health hazards can also occur if air-conditioners are not maintained properly, as dirty filters allow allergens and pesticides to enter house and buildings. Nature’s solution Termites build some of the most impressive structures in the animal world, consisting of materials such as soil, dung and termite saliva and can be 8m high. The extremely porous walls allow ventilation and cooling systems, due to outside air being able to permeate the entire structure. Hypothesis: Modeling houses, offices, malls and other large buildings according to the principles of termite mounds would serve as a sustainable solution, as it would save money and decrease the amount of energy consumption.

`` Dad, Can I Please Get A Nose Job - 1512 Words

â€Å"Dad, can I please get a nose job?† I was only 15 when I asked that question. Six months later, after my freshman year of high school, I was being hooked up to an I.V. at 7:00 am, ready to go under the knife. The huge bump on my nose always bothered me when I looked at pictures of my profiled face. It seemed like every woman I was surrounded by, both celebrities who have gotten plastic surgery, and even my friends who never had plastic surgery, had a cute, smooth, feminine nose. I wanted to look like them—I wanted my nose to fit in with all the other girls’ noses. No one would even second-guess a teenager getting a nose job in Los Angeles because it has become apart of the culture. Growing up in L.A. I have been surrounded by the†¦show more content†¦Then maybe the mirror stops tormenting you†(Tandy). In her 2005 essay â€Å"The Pitfalls of Plastic Surgery,† Camille Paglia condemns the â€Å"routine† plastic surgery middle-aged women receive in order to fit society’s youthful mold. Even though she acknowledges the artfulness that can go into the cosmetic surgery, Paglia despises the â€Å"generic cookie cutter sameness.† With the advancement in the medical technology and the accessibility of treatments like Botox, the amount of women who receive surgery has drastically increased over the past ten years. Due to the withstanding social expectations for a youthful, feminine appearance, I agree with Paglia s argument that women are constantly pressured to go under the knife in order for their aesthetics to meet cultural standards. By opening her essay with a bold, positive claim contrary to the rest of her views on Plastic surgery, Paglia successfully addresses the merits of cosmetic surgeons. She addresses how â€Å"plastic surgery is a living sculpture†¦people have become their own works of art †(Paglia 692, 1). Usually, when one thinks of a sculpture, he or she would imagine something like the Venus de Milo, something that is admired by anyone who sets his or her eyes upon it. It is apropos for one to applause the time and effort it takes for an artist to create a sculpture before criticizing his or her work. Plastic Surgeons are the artists of humans—it takes years of

International Oil and Gas Arbitration

Question: Critically evaluate the significance of an Arbitration Clause in the context of an Oil Gas contract. Answer: Every country is dependent on oil and gas for its economic development and its citizens can accomplish their day to day activities smoothly. After the second world war, along with the industrial revolution, the consumption of energy also increased. Not all countries have rich natural resources for exploration or they are not developed enough to explore them with advanced technology. Therefore, many international companies conduct exploration in the countries which are not well equipped to do it themselves. There comes the need for agreements between the host country and international oil and gas companies. These projects involve a very high investment amount and so comes lots of risk with it. Since two governments are involved in it, so it becomes a matter of their relationship and terms and conditions on which they both agree. Also, the product involved is petroleum, which has a lot of strategic importance to both nations. So, most of the times they choose arbitration method to solve the disputes (Alqurashi, 2005). Over the years, due to many laws and agreements between host countries and international companies, many arbitral awards have been published which are related to oil and gas industry. These laws and agreements became the raw material from which international law for oil and gas industry were drawn. There were lots of issues (investments, time period) which needs to be under some jurisprudence, in order to deal with them. To lure international petroleum companies, host countries try to generate their interest by various means as discussed below: License to explore: Initially in order to lure foreign companies, nations uses to give various concessions or license to explore and produce from its petroleum resources. Due to this, later on they were left with very little control of their own countrys resources. This resulted in lower profits, disputes and frustration to the citizens of the host country. Production sharing agreement: This is done mainly by those countries which lack technical and financial capability and so has to depend on someone to explore in their own land. The main benefit that the host country has that in case the foreign company fails to get any resource facility from the host country, then they have to bear all the failure cost. But if they get any suitable petroleum resource, they will share the profit with the host country (Otero Castrillo, 2013). Participation agreement: In this case, both the host country and foreign company invest to explore and locate for petroleum sites. For this they may form a new entity or can have a joint agreement. Common contractual provisions: In order to protect the interest of the host country and to make them feel secure, there are some contractual provisions like: local labor, training, obligations of domestic marketing, transparency with data, insurance, management etc. Key principles of contract formation in international commercial transactions and key international law principles and trends in the oil and gas sector: There are so many things that both international company and host countries have to consider before they make a deal. They both have to adjust to each other which is only possible if they understand each others requirements and interests. The deal may be of a long time period and they need to understand that environment does not remain same during that period. There can be a political turmoil, natural disasters, war, etc. they have to work for the mutual interests of each other. The host country has to understand that they have to provide safe and secure environment to the people of foreign oil company (Lake, 2007). Also the company has to keep in mind that there can be at times, some inevitable circumstances when things may not go there way, but still they should not compromise with the sovereignty like bribery, corruption, foul pla y. Some of the things to be considered are given below: Political Unrest: Since these projects involve very high capital investment, foreign companies should have far sighted vision to evaluate expected risks and its effects. Political unrest can occur at times of war, riots terrorism. A very recent example is about Turkey, which is in Headlines due to lots of political unrest in the country which was not expected by many. There can be many reasons for it that can be beyond the vision of investor an so they should be prepared to face such issues. Under such circumstances, even the current contracts and agreements are of no value. So a company should only invest in foreign countries in case they have some provision to provide compensation for the damage they faced under unfavorable political conditions. Export credit agencies: Some banks like Overseas Private Investment Corporation (US) give insurance on political risks. There are some countries that are coming out of dictatorship rules or market downfall and so are not very creditable to invest. In such countries, investors can seek insurance, though it can be very expensive and impose strict rules. Since they work with governments of host countries, they make a pressure on governments to protect investors and abide by the rules of the agreements (Talus, 2012). Also in case of dispute, both parties may want it to be settled in their respective courts. Therefore, they should finalize initially only about such issues. Currency risks: These risks can arise the investment is done in a particular currency and its products are sold in another currency. This will result in abrupt changes in the projects stability and profitability. This may not be revealed in accounts figures, but is actually happening. Safety: Investing companies may have lots of safety concerns like kidnapping, robbery, terrorism, physical or mental torture, threat to ladies or children. So safety norms that a company wants should be formulated before like CCTV cameras at sites, guards, fenced sites and houses. The helpers and drivers given should be properly verified of their background. Bribery: There can also be circumstances when foreign companies may try to bribe the officials of the host country to fulfil their vested interests. Some officials take the bribery and do the agreements as per the companies wish and then whole nation has to pay for it. To avoid such situations, many countries have made strict (FCPA law of the US) laws and fines along with imprisonment in case anyone has found guilty (Besche, 2016). Trainings: Foreign companies cannot take all the staff from their own country and have to take some employees from the host country. For this they have to give some trainings to the people of the host country. The training is mandatory for them to give and to take some officials on key positions of the project. They have to take training for the employees of foreign companies. The salary and perks given to them should be equivalent to the one given to the staff of foreign companies. Effectiveness of international law in addressing the environmental impact of oil exploration and exploitation: It became a very common practice for the oil and gas companies to abandon the land after exploiting it to the maximum and the cost to decommission it was very high. No one noticed this thing initially and this practice was continued for many years. This issue grabbed a lot of attention when Shell Oil declared that they will abandon the Brent Spar (oil storage floating on water). Greenpeace, an environmental organization objected this decision and asked it to decommission the oil storage spot (Brent Spar). Therefore, Shell had to decommission the spot and the cost that they had to pay to do it was quite high. Now, there are several international rules and conventions that ensure the decommission of the site by the oil and gas company. In 1958, UN passed a law that asks for removal of petroleum sites. Around 38 countries signed that convention since few countries were able to completely remove the offshore oil and gas facilities. Some countries faced few problems as they have some commitments to the petroleum companies by which they have to abide by. In 1982, the United Nations Convention on the Law of the Seas (UNCLOS) was passed, effectively superseding the 1958 Convention. UNCLOS contemplates the partial removal of offshore facilities (Alramahi, 2013). There are certain set standards that give guidelines for decommissioning of the abandoned facilities. For example International Maritime Organization says that something that is built in less than 100 mt. of water should be completely removed and in case it is built in deeper water then it should be partially removed. Demonstrate a critical understanding of the importance of oil and gas law: Most of the disputes that occur in commercial transactions of petroleum products are between the international oil companies and the host country. Both belong to different countries and have different laws as per their respective interests. Hence comes the importance of an international law, which can address the interests of both parties like national sovereignty, treaties and laws. Sovereignty: Sovereignty gives the right to nations to have their control of its natural resources and people of its country. Even if the government privatize certain things, but still it has every right to make nay changes in the ownership or taxes if required for the public and countrys benefit. This also gives them the power to expropriate the property of foreign companies. There can be times when the government changes and the new one wants changes and accordingly make legal changes which everyone has to abide by (Bowman, 2015). This gives a scope to a nation that it can take decisions for its own vested interests. Here comes the need for some international laws. International laws try to solve issues like this by refraining courts to make changes in laws that are dealing with international matters. Also, this law considers sovereign immunity according to which a nation and its resources cannot be sued in the other nations courts. So in case government wants to take a property fr om a foreign company, they cannot do this without appropriate compensation. In case there is a dispute of violating some terms of a contract between some host countrys company and foreign oil company, most of the nation consider that it does not snoop into the nations integrity. This is called restrictive theory of sovereign immunity. Treaties and Conventions: Agreements that are signed between countries can be in any form like conventions, protocols, pacts or treaties. Treaties are the agreements that are singed between either two countries (bilateral) or many nations (multilateral). Conventions just like treaties, but the number of nations signing it are very high. These all agreements form the basis of International law. All these treaties, conventions are the sources from where international law is made. Whenever there is any dispute, these treaties and international agreements help to solve the disputes (Balogun, 2001). Ratification of a particular convention represents the legal obligation of a participating nation to apply the convention. Some of the treaties are: Vienna Convention, United Nations Convention, the Hague Convention, New York Convention. Civil Law and Common Law Legal Systems: Domestic laws of the host country and one or more countries that are involved in the oil and gas transactions are different. So has to be a common law or civil law which is capable to resolve the disputes fairly (Scott, 2009). In case of a civil law, all the issues are solved by civil codes. There is no influence of their previous decisions or other courts. Whereas in case of common law courts, they do lots of probing into the matter before trials in court. The civil course doesnt do much of probing or interrogatories in order to solve the dispute (Soni Chatterjee, 2014). So, it becomes very important to know these systems of law and decide prior to any dispute that which legal system will be followed. Corrupt Practices Act: Some countries like The United States have domestic laws that regulate the foreign conduct of its citizens. It has an act called FCPA, which exclusively deals with such cases to protect its business. Many other nations also have such laws that control exports. Although this has discouraged the foreign companies to invest in the US. Such foreign controls has been decreased with the times as nations have understood the economic benefits of As free trade with their countries (Daintith, 2011). Conclusion: So, we can say that international law emerged from various conventions, treaties, cultures, protocols, pacts etc., which are signed between different nations to come to some common consensus on issues related to trade and also to resolve disputes. Since different nations have different laws based on its culture and circumstances and when organization of one country work in another, a lot of issues needs to have a common law that governs its proceedings and disputes. Also, to get fair benefit from this association, some arbitration has to be involved. We studied various aspects of this law by which it helps international trade to happen smoothly with the benefit of everyone. Bibliography Alqurashi, Z. A., 2005. International Oil and Gas Arbitration. Arbitrating International Petroleum Disputes: an Analysis of Key Substantive Law Issues, January. Alramahi, M., 2013. International oil and gas contracts and deal making, Available at: https://my.laureate.net/Faculty/webinars/Documents/2013June_International%20Oil%20and%20Gas%20Contracts%20and%20Deal%20Making.pdf Balogun, O. A., 2001. Nigeria: Legal Framework Of The Nigerian Petroleum Industry. Nigeria: Legal Framework Of The Nigerian Petroleum Industry, 03 April. Besche, A. D., 2016. Oil and gas - international law. Oil and gas - international law, Available at: https://www.adeb.no/en/system/oil-and-gas-international-law/ Bowman, J., 2015. International Arbitration. LEX PETROLEA: Sources and Successes of International Petroleum Law, February, Available at: https://www.kslaw.com/library/newsletters/EnergyNewsletter/2015/February/article1.html Daintith, T., 2011. Principles of oil gas Law: Sydney Law School, Available at: https://sydney.edu.au/law/news/docs_pdfs_images/2010/Dec/Principles_Of_Oil_and_Gas_Law.pdf Lake, L. W., 2007. PEH:International Oil and Gas Law. PEH:International Oil and Gas Law, Available at: https://petrowiki.org/PEH%3AInternational_Oil_and_Gas_Law Otero, C. Castrillo, G., 2013. Reflections on the law applicable to international oil contracts. The Journal of World Energy Law Business Advance, 14 March.pp. 1-34. Scott, R. F., 2009. Oil supply, Oil security and environmental objectives in international law: EOLSS, Available at: https://www.eolss.net/sample-chapters/c14/E1-36-02-01.pdf Soni, A. Chatterjee, A., 2014. Governance of the Petroleum and Natural Gas Sector in India: A Status Note: TERI-NFA, Available at: https://www.teriin.org/projects/nfa/pdf/working-paper-15-Governance-of-the-petroleum-and-natural-gas-sector-in-india-a-status-note.pdf Talus, K., 2012. OGEL Ten Years Special Issue: Internationalisation of Energy Law. OGEL Ten Years Special Issue: Internationalisation of Energy Law.

Tuesday, May 5, 2020

Auditing & Assurance Auditors Professional Ethics †Free Samples

Question: Discuss about the Auditing Assurance Auditor's Professional Ethics. Answer: Evaluation Of Risks In Business Of Hih Insurance Limited The prospects of incident of the losses more than the expected profits or occurrence of proceeds lower than expected in any business are called Business risks. These risks generally happen where the nature of business is very complex and management is not able to follow the generally accepted accounting principles it their true manner. These risks in any organization are pressurized by the various factors of business like management knowledge, management decision making power, the financials events of the organization related to sales, purchase, inventory, expenses, income, economic conditions, market forces, rules and regulation laid down by the government of the countryside in which business works. Business risks present in the given situation are Operational Business Risk. These risks generally occur due to the failure of management of organization in day to day business operations. In the present case of HIH Insurance Limited, the operations of the company in relation to investme nt creates the risk for the company as the company is investing in high risk profile stocks. The writing off whole investments in FAI shares in year 2000 by company creates huge losses in the income statements of the company results in presenting the operational financial losses to company. These risk can be assessed by the possibility of not achieving the company's objective of high returns. Along with operational risk reputational risk is also present in HIH Insurance and this can enumerated with demerger of Winterthur and change of name of company to HIH Winterthur to HIH Insurance Limited in 1998. This risk can evaluated by the degree of losing faith by third party in company's policies and procedures and the loss of revenue that company was facing causes slow death of HIH Insurance Company in March 1999. (Brumfield, 2010 and Jiangbo, 2003). Involvement And Recognition Of Inherent Risk Factor In Reporing Following are the inherent risk features that would increase the inherent risk assessment in HIH Insurance Company: Character of business of company- The insurance business in which company operates is highly risky business and involves lot of assessments in relation to claims and investment. The dependence of the insurance business is the re-insurance and investments and the company made wrong decision due to incompetency of the top level management while making investment decisions. Audit Observations of the previous year audits- In HIH company the auditor of the company is not able to clearly identifies the investment and change in management risks. The error is continues in subsequent years as well and the substantive measure are not taken by the company in order to lower the risk in company investment and management. Even after demerger with Winterthur, the company has purchased FAI shares, Marine Fire Insurance. Transaction with related parties- The company has purchased FAI shares from one of the Non Executive Director at a price more than the arm's length price and this fact is intentionally misstated in the financial statements of the company. Repeated engagement of Auditor- Even after the huge losses the company has paid $ 1.7 million and $1.631 million in the year 2000 to the auditor of the company and the risk of not identifying the problem at start level is not considered in the plan of audit by the auditor. Embezzlement of Assets- The company has written off the investment of $ 400 million which the company invested in FAI shares at zero value in September 2000 makes it high loss company. The CEO and other officers makes very unrealistic approach while making investment in volatile risk stocks. (Colbert, 2014). Complex nature of transactions of the company- The insurance business contains complex transactions like claims made to and by the company, insurance and reinsurance, investments and their returns as per need of the company to pay the insurance maturity are not considered by the people running the company. Rules and Regulations and government decisions increase the audit and business risks as the closure of the industry in California increases the claims of Works men resulting huge liability standing for the company. Deficiencies in Internal Control Policies increases the level of risk and thus the need of assessment of risks to mitigate the risks are high (World Bank, 2006). Accountability Towards Company And Creditors Of Auditor Significant Case Conclusion The auditor accountability arises if the auditor does not apply the all the audit procedures and ethical principles and laid down by Australian Auditing Standard Board. The auditor has liability towards all the users of the financial statements whether they are internal and external and also towards the company as whole and its management along with those charged with governance. The auditor responsibilities towards the Client are listed in the audit engagement letter and are generally related to methods the auditor adopts in finding the frauds and error and material misstatements in the financial statements. The auditor is accountable in terms of making true opinion about the affairs of the client and not sharing any confidential information of the business of the client. The auditor responsibilities towards the creditor arises by the rules and regulation governing the audit and reporting of the auditor. The auditor are bound to accountable to creditors in relation to credit worthin ess and ability to pay due of the company in his reporting. Following are the significant case laws which help in ascertaining the level of accountability of the auditor towards client and creditor: Touche Vs. Ultramares. This is the landmark of the year 1932, in which the accountability of the auditor is establish by the courts of law. The New courts held the auditor liable towards the company as the auditor has not fulfill all his responsibilities while doing audit of the client and before giving reporting about the client. Donoghue Vs. Stevenson 1932. The court held auditor accountable towards the creditors of the company as the auditor is not able find the frauds and not fulfill the requirements laid in international auditing standard relation to auditors responsibility to identify the frauds in the company. The auditor inability to report the inefficiency of the company in payment to creditor make his liability towards the creditor and they can claim damages from auditor as per order of courts. Daniels Vs. AWA Limited. It is the major case of the year 1995, where the auditor has not fulfill his primary responsibilities towards the company as already discussed in the engagement letter before taking up the audit. The failure of reporting to management of the company about weakness of internal control system give born to the claim of damges on auditor by the client (Tata, 2010). Circumstances Of Total Carelessness Of The Auditor Any audit cannot be done without using proper professional values and principles by the auditor. The users of financial reporting also have edge about credibility and consistency of the company if the auditor gives his true and fair opinion about the financial statements of the company. The below are the circumstances where the auditor shows carelessness in comply with his roles and duties: Review of Work- the audit reporting is done without proper review by the partner of audit firm then there seems that auditor is not interested in complying with his duty of giving fair opinion Unreasonable Sampling- the auditor has not done 100% audit due the complex nature of the business of client and also not follow the scientific methods for choosing the samples for auditing Improper Audit Evidence- The auditor is not able take proper documentation in form permanent and temporary audit file which shows that he has not done proper audit. More dependence on the Internal Control system of the company for assessment of correctness of the procedures of the company Non Compliance of AASB principles- where the audit does not act according the rules and regulations governed him in relation to his independence Inadequacy in reporting to the management and those charged with corporate governance about the frauds and errors identified during the audit. Situation in which auditor is professionally uncertain of his acts (Brumfield, 2010) Sign Up Of Previous Person From External Audit Team The performance of the auditor in respect of applicable rules and regulations is called independent external audit and such auditor is not related to the entity under audit. The entity also have edge in signing up with the previous external audit team member and benefits to an entity are listed as follows: Relevant Experience and Knowledge- the previous auditor has necessary experience and knowledge about the policies and procedures of the entity and can easily ascertain the quantum of audit methods to be applied according to the complexity of business of an entity. Better Relationship with employees of an entity- the good relation with employees of the entity helps the employees to report materials facts related to frauds and errors with hesitation to the audit team member. Less cost - As the auditor understand the key areas for which the knowledge is require to be given to audit staff, the cost of training of audit staff is less to an entity. Reward In Including Auditing And Non Auditing Services The Scope Of One Audit Firm To have the increased level of objectivity and reducing the occurrence of situation of self review threat and to main the independence of the auditor it is recommended by the Australian government regulations not to have the audit and non audit service from one audit firm. But increases number of audit and inclusion of professional behavior in the working of audit firm encourages the audit firm to perform both audit and non audit service to have financial security and reducing material misstatements in financial reporting. The following are the rewards for doing so to an entity : Better Knowledge about client- The audit firm will have good knowledge about the affairs of the company and helps in early finding of mistakes in any of the policies and methods of the company Speedy system of Reporting- The audit reporting about the financial and non financial matters can be done in rapid as the auditor need to check in depth about each and every aspect as the audit risk in low. Effective Compliance- If the professional services are taken at lower level only that is accounting level then the entity can effectively comply with the laws related taxation and timely filing in relation different authorities can be done (Verschoor, 2012). Situations Showing Contravention Of Ethical Standards The following are the situations which shows that the Ethical standards has not been properly followed : Employing Same firm for doing Audit and non Audit services- If the same firm performs both the services then the auditor is under situation of checking of his own work, judgment and opinion which is the contravention of Independence of auditor by the having possibility of danger of self review. Extra Assumptions- The same auditor always assumes that the policies on which reporting has been done in previous audit period need not to review this year and his extra assumptions on working of client some time lead to false reporting Better relationship among the audit staff and employees of client results in hurting the integrity of auditor as sometime auditor may do favor to employee by not reporting the mistakes of the employee. Self Interest of auditor and effect in reporting- continuous engagement of audit firm both all the services creates personal interest of auditor in the financial matters of the company which may hamper the reliability and relevance of reporting of the auditor. Suggestions Of Ramsay Report And Clerp 9 The Australian Corporate Law and Economic Reforms 9 which take Ramsay Report as a base for its finding gives the following suggestions for auditor which he has to follow as his moral duty: Inclusion of Remuneration Report in the annual report of the company by the board of directors of the company which shows the policies relating the benefits in financial and non financial terms given to key managerial personnel Increase the involvement of the those charged with corporate governance along with the top level management which helps in having the check on the decision making of top level management Reporting after certain period of time and the gap between to two time intervals will depend on the nature, size and complexity of business of an entity that is full and continuous disclosures by both management and auditor. Quality control review by the regularity bodies in relation to the working of an auditor and audit staff in terms to ensure that the auditor shall follow all the audit procedures in true fair spirit (Robinson, 2003). References: Brumfield, C.A., (2010) Business risk and the audit process.Journal of Accountancy,155(4), pp.60-68. Colbert, J.L., (2014). Inherent risk: An investigation of auditors' judgments.Accounting, Organizations and society,13(2), pp.111-121. Jiangbo X, (2003), HIH Insurance Limited: Corporate Governance and Corporate Excesses, available at https://www.seiofbluemountain.com/upload /product/201010/2010jjfzh05a8.pdf accessed on 04/05/2017. Robinson A, (2003), HIH Report and CLERP 9, available at https://www.allens.com.au/pubs/pdf/ma/focgmay03.pdf accessed on 04/05/2017. Tata MC, (2010), Legal Liability of CPAs, available at https://www.google.co.in/url?sa=trct=jq=esrc=ssource=webcd=1cad=rjauact=8ved=0ahUKEwjK0NmumajTAhUExLwKHWGmBq0QFgghMAAurl=http%3A%2F%2Fwww.wou.edu%2F~beebej%2FBA%2520451%2FChap004.pptusg=AFQjCNGebMKLW15csyn2X3G5e-qmyqHjEAbvm=bv.152479541,d.dGc accessed on 04/05/2017. Verschoor C, (2012), Pros and Cons of using External Auditors for Internal Auditing and Other Services available at https://www.financepractitioner.com/auditing-best-practice/pros-and-cons-of-using-external-auditors-for-internal-auditing-and-other-services?full accessed on 04/05/2017. World Bank, (2006), HIH Case Study on Corporate Governance, available at https://www.iaisweb.org/modules/cciais/assets/files/pdf/061004_C1-9_hih_corpgov_round01.pdf accessed on 04/05/2017.