Saturday, February 29, 2020
Can Electronic Documents Be Used As Evidence International Law Essay Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Can Electronic Documents Be Used As Evidence International Law Essay I have noted that, there was a problem of accepting electronic document as primary evidence. But in the Written Laws (Miscellaneous Amendments) Act, 2007, Part IX accepted partly in criminal matters and in banking transactions, where now the major problem lays on its practicability, specifically on authentication of the electronic document to be applied as good as primary evidence in determining matters in issues. ABSTRACT Text books, electronic sources, legislations of different jurisdictions are very important in finding ways of solving challenges facing the admissibility of electronic evidence in Tanzania. They play a big role in finding accurate and proper ways and solutions faced in legal system. Evidence is information that tends to prove or disprove a fact or matter in issue , from which an inference may logically be drawn as to the existence of a fact. It consists of proof by testimony of witnesses on oath or by writing or records. Evidence is a crucial element in judiciary as it is used to determine matters of controversy in cases. .In determining controversy/ matter(s), judge(s) prefer direct evidence such as an official document or a witnessÃ¢â¬â¢s assertion of his/her immediate knowledge of the question at issue. Cyber Law is the law which regulates cyberspace or internet transactions. It encompassing cases, statutes, regulations and disputes that affect people and business interaction through computers, and it addresses issues of online speech and business; also due to the nature of the medium it including intellectual property rights, free speech, privacy, e-commerce and safety, as well as questions of jurisdiction. The quick innovation of science and technology; resulted to lots of changes in the world, regional state, individual states and even directly to the individual person. PeopleÃ¢â¬â¢s interactions mostly influenced by trading (commerce) education, political or gove rnmentsÃ¢â¬â¢ communication, socially and economically. The most current and fast way of such interaction is through Internet, computers, and wireless telephones. Most state laws have not been amended to accommodate such new relationship, on the point of evidence and jurisdiction. In Tanzania, regardless recognizing and using Internet and computers online in economic and business, like electronic banking for example ATM (Automatic Teller Machines) Tembo card cash point, our laws took long time to recognize Electronic Evidence as the best evidence or as primary evidence. This problem did not end only in the statutes but also in the case law where in most cases the court rejected secondary evidence. For example in the case of Shirin Rajabali Jessa v. Alipio Zorilla, where court, only accepted under a lot of restriction. Currently the Tanzania Law of Evidence Act was amended to accommodate Electronic Evidence. Primary evidence is the best evidence and mostly courts rely on it in givi ng out the decision. Being the best evidence it is also used in electronic cases (disputes) in one way or another but in many cases Electronic Evidence is found to be grouped in secondary evidence which has a lot of challenges toward its admissibility.
Thursday, February 13, 2020
Strategic Management Process - Essay Example The major contribution of performance management is its focus on achieving results - making use of the best tools to success and useful products and services for customers inside and outside the organization. In other words, performance management is not just being busy, but it is of how much of the work is effective in achieving the goals of the organization. Today, organizations have goals, plans and resource management. In order to achieve specific goals of an organization, it is essential that they need to have strategic management. Recently, organizations have been faced with challenges like never before and those organizations which utilize strategic management practices are generally more effective than those who do not. Further, this increasing competition from businesses across the world has meant that all businesses must be much more careful about the choice of strategies to remain competitive. Therefore, small and large organizations put more focus on effectiveness to put systems and processes in the right way to the right things to achieve the predetermined results. This is the only way to claim that the organization and its various parts are really performing (McNamara n.pag, 1997). In simple terms strategic management is the process of specifying an organization's aims and objectives, developing policies and plans to achieve it, and allocating resources so as to implement the plans. Strategic management is the highest level of managerial activity, which is generally performed by the top leaders of an organization. It provides an overall direction to the whole organization, leading them all to achieve a set goal/s. An organization's strategy must be best suited for its resources, circumstances, and to achieve its objectives. The process involves matching the company's strategic advantages to the business environment the organization faces. Training each and every individual to perform the individual targets is also am important step in this process. In general the goal of corporate strategy is to put the organization into a position to carry out its mission effectively and efficiently. Hence a good corporate strategy should combine an organization's goals, poli cies, and action into a complete package of success (Wikipedia n.pag, 2007). In general a corporate strategy can be described as an organizations sense of purpose - a guiding purpose or policy, or it can also be a focused mission statement, or even a philosophy, for the achievement of an objective. It is the mapping out of future directions that need to be adopted using the resources possessed. The study of corporate strategy is a relatively recent phenomenon. Edith Penrose (1959) was one of the pioneers in academics to argue that what happened inside the firm was just as important as the marketplace outside the firm. Till then the main focus of economics had been upon the marketplace outside the firm, with a detailed consideration of market demand and supply issues. Penrose argued that the growth of the firm was related to its use of resources, its past history and its evolution over time; previous history was a key influence on future development. The US strategist Alfred Chandler (1962) also published a substantial study regarding the growth of the firm. H e argued, in support of Penrose, that the development of an organization over time is an essential element in understanding strategy. The implementation
Saturday, February 1, 2020
Foreign Intelligence Organization - Essay Example In the past, these countries focused their efforts on getting intelligence concerning the United States Military capabilities, as well as military research and development activities. Today, these nations also collect technical, scientific, proprietary and economic information. The information collected is aimed at promoting the national welfare of these nations and also acquiring and maintaining highly developed military systems. These countries have the ability of collecting U.S. intelligence information using Human Intelligence (HUMINT), Signal Intelligence (SIGINT), and by analyzing open source material.1 Other countries also have the ability to collect imagery products that can be used to collect Image Intelligence (IMINT). It is essential to note that only the Russian Federation gathers space-borne intelligence. 1The PeopleÃ¢â¬â¢s Republic of China also has this ability though to a rather limited extent. Therefore, Russia remains to be the nation that poses the most significa nt intelligence collection threat to the U.S. Russia has immense intelligence capability that was inherited from former Soviet Union. A large proportion of RussiaÃ¢â¬â¢s intelligence collection infrastructure is focused on collecting information relating to the U.S. The Russian Federation uses SIGINT, HUMINT, IMINT, MASINT, and open source analysis. This is used to develop intelligence products for military planners and Russian political leaders. According to the federal Bureau of Investigation, Russian intelligence operations have increased in sophistication, scope, and number.2 They are likely to remain at this high level for the near future. The bodies legally responsible for foreign intelligence functions in Russia include the Russian Foreign Intelligence Service (SVR), the Main Intelligence Directorate of General Staff (GRU) and the Federal Agency for Government Communications and Information (FAPSI). SVR mainly collects scientific, political, technical and economic informati on. Majority of case officers working for SVR operate from Russian Embassies and consulates under diplomatic cover. Though alleged that SVR personnel have been reduced by 30%, active collection operations continue, and suspicion that SVR influences operations, and conduct propaganda is rife.2 The GRU mainly provides strategic and tactical intelligence for the Russian Military.2 They collect warning intelligence, important information on military capabilities of likely adversaries, and data on superior military technologies. Their collection techniques include HUMINT, both overt and clandestine, open sources, satellite imagery reconnaissance, SIGINT from ships, ground stations aircrafts and satellites. Collection activities that significantly threaten U.S interests are those under the Space Intelligence Directorate and First Deputy Chief.3 The Space Intelligence Directorate, in conjunction with the Fleet Intelligence Direction, manages RussiaÃ¢â¬â¢s space reconnaissance program. Th e SDI operates many research institutes, its own cosmodromes, and a centralized computer processing facility. FAPSIÃ¢â¬â¢s main role is communications security for Russia.2 Russia continues to place emphasis on HUMINT.3 This is because of the information they gathered from the past. It is