This is for two separate classes; forum 1-3 response is for international political economy. Forum 4-5 is for Real Estate Law. Both require peer reviewed references; the real estate law requires bluebook format with footnotes. I’ve broken each forum post down below that requires a response. The response requires 250 or more words each.

Forum 1 Response:

Are multinational corporations (MNCs) now more powerful than nation-states? Will their continuing influence and power produce greater global inequality? Or are they the leading agents of global prosperity?

The is an interesting question, who’s short answer, in the G20 countries at least. The answer may tend to be more no in the developing world which lack mature institutions. To be sure however MNC’s hold tremendous political power by being able to negotiate terms and privileges that are beneficial to them. States compete for these MNC’s to set up shop in their area/region as sources of employment and tax revenue. However, big MNC’s can now negotiate very favorable terms, for instance no property or income taxes for a period of time, and other tax exclusions. Just up the road from me is an old Air Force Base (Rickebacker AFB) that has been turned into a cargo hub. This airport now employs a lot of folks, and to attract their business the city/county upgraded and maintained the old airfield (capitol improvement) and doesn’t charge property taxes (tax free zone). This type of situation is what led Detomasi (2015), to write, If left unregulated MNC’s would encourage a ‘race to the bottom’ (Murphy 2004; Drezner 2007) by evading strict labour or environmental standards via investing in developing markets whose standards were lower and therefore cheaper.

Another argument is that, “The basic principle on which these corporations operate is that they consider the entire world as their market. They organize production and marketing of products with little regard for national interest in order to maximize profits” (Irogobe, 2013). What Irogobe writes may be true, but, in a capitalist system companies do exist to make a profit. The key, at least we would hope, is for socially conscious companies to make good decisions (environmental/ethical) and still maintain a profit motive.

Irogobe, would disagree with my assessment that MNC’s are not more powerful than nation states when he writes,”There has been no greater challenge to nation-states sovereignty since the middle of the 20″‘ century than the threat of MNCs. (Irogobe, 2013). Likewise in agreement with this assessment, Detomasis (2015), believes that, “State power consequently has often appeared to recede, as domestic governments worked to aid, rather than regulate, foreign direct investment (FDI), who increasingly viewed investment as an attractive electoral commodity.

Today MNC’s that maintain virtual control over a country, such as United Fruit in Guatemala, are not so brazen. They exert pressure behind the scenes to create favorable economic conditions for themselves. Committed Gloablist’s (and leftists) argue for a worldwide minimum tax and then for the proceeds of that tax to be redistributed to poorer nations.

MNC’s, I think, are like nations who adhere to a Realist policy. MNC’s will do what is in their narrow interest just like nations. The key is to create conditions that is in the MNC’s best interest to be responsible. A great example is Henry Ford paying his employees a decent wage, who, then became a market for his cars. Win-win situations like this are hard to refuse.

REF

Detomasi, David. 2015. “The Multinational Corporation as a Political Actor: ‘Varieties of Capitalism’ Revisited.” Journal Of Business Ethics 128, no. 3: 685-700. Business Source Complete, EBSCOhost (accessed November 22, 2016). 14 PAGES http://search.ebscohost.com.ezproxy1.apus.edu/login.aspx?direct=true&db=bth&AN=102426097&site=ehost-live&scope=site

Irogbe, Kema. “Global Political Economy And The Power Of Multinational Corporations.” Journal Of Third World Studies30, no. 2 (Fall2013 2013): 223-247. International Security & Counter Terrorism Reference Center, EBSCOhost (accessed November 22, 2016). 22 PAGES http://search.ebscohost.com.ezproxy1.apus.edu/login.aspx?direct=true&db=tsh&AN=96848239&site=ehost-live&scope=site

Forum 2 Reponse:

In my own understanding multinational corporations (MNCs) is an establishment/company that has its facilities and assets in more than one country such as Shell, IBM, Nestle, Chevron, Adidas, and many more. In 2012, there were 80,000 multinational corporations (Kirshner.263) that provide employment opportunities and economic growth; additionally, the presence of one company could improve the reputation of the host country and other large corporations may follow and operate their business as well. Finally, the positive impact of MCN’s to local residences is evident. Local workers also benefited from technology transfer as new machinery is imported into the host country; therefore, local employees are trained to use the new technology and production techniques. Despite these advantages multinational corporations means business..meaning they will not operate in a country unless they will gain greater benefits. MNC’s shop around to find the most ideal locations and cheapest labor (due to increasing wages in China, Adidas is looking for a new location https://business.nmsu.edu/~dboje/nike/china.html) as a result companies are more likely to operate in developing countries. The harmful impact of the capitalist market is absolutely clear as Emile Durheim stated, “profits were privileged over people”. Multinational corporations are all about profit and through the years they gain power in relation to state government agencies, international trade federations, and their influence on local, national, and international labor organizations are apparent. Due to its influence MNC’s disregarded the well-being of their local employees. For instance, there are many reports that multinational companies in developing countries have forced their employees to work for more than 65 hours a week; and some employees faint in a job because of heat exhaustion. Despite these unfortunate events employers are not accountable because the government itself is not enforcing the regulations. “Naming and Shaming” is one of the solutions to stop/decrease unjust labor practice, this “program” is established by nongovernmental organizations (Siedman). It seems that naming and shaming is the only way for Multinational corporations to adhere to rules and regulations yet even though they obey local regulations “law on the books and law in action are two different things as Collier said, “ law as practiced does not offer a direct line to morality” (Collier. 2001) The existence of unjust laws (enforcing employees to work 65 hours/week) proves that morality and law are not identical and not parallel. As I’ve mentioned earlier, MNCs operate outside and across national boundaries; therefore, it is difficult to monitor and regulate any negative behavior. Sad to say, since MNC’s provide jobs to a host county, the state is reluctant to punish and regulate MNC’s employees. Consequently, MNC’s ability to control and influence states are parallel to the increase in inequality and widespread environmental degradation. Multinational corporations may not be powerful than the states but they can bribe corrupt politicians to adhere to their needs/wants, so in reality MNC’s is more powerful than states.

Reference

Kirshner, Jodie A. 2012.Why is the U.S. Abdicating the Policing of Multinational Corporations to Europe?: Extraterritoriality, Sovereignty, and the Alien Tort Statute MCNs

Ticktin. Miriam. 2012. Introduction: Human Rights and Global Corporations

JLR

Forum 3 Reponse is answering this question:

What level of international regulation of corporations is appropriate?

Forum 4 Response:

Class,

I felt like this was a lot harder then I originally anticipated. I didn’t even realize how complicated real estate law could be. I don’t think its fair for the Idaho woman to be forced from a home that she bought. I mean how can a person own a porch and backyard and be able to remove her from the home? She doesn’t own the house itself. She just owns the backyard. If I were that lady I feel like, legally, she could stay inside the home. I hope that some how the law is in her favor, because that really doesn’t seem all that fair. How much more could a porch and backyard really cost?

Based on this weeks reading, it’s hard to say whether the title company would cover Sam and Martha against Paul’s claim or not. A title policy doesn’t insure against problems incurred by reason of the rights or claims of parties in possession not shown by the public records. The insurance company, through this type of omission, is released of liability when the fault is caused by a claim of a party in possession. In our reading, we learned about a bona fide purchaser for value. A bona fide purchaser for value is a person who purchases a real property in good faith for valuable consideration without notice of any claim to or interest in the real property by any other party. The bona fide purchaser status provides special protection not only to the bona fide purchaser but also to anyone purchasing from the bona fide purchaser. The protection is extended to the subsequent purchaser whether or not the subsequent purchaser has notice of any prior adverse claim or interest to the property. [1]

Based on the information provided in the scenario, because Martha and Sam paid for the home, they are protected. It seems to be that Paul possibly inherited the home with Peter, but that doesn’t protect him under the bona fide purchaser for value. Are book states, “The person taking title to property by inheritance or as a recipient of a gift has not given valuable consideration and, therefore, is not protected as a bona fide purchaser. This means that a person who has inherited real property takes the real property subject to all valid claims against the real property, regardless of whether the person had notice of the claims or whether the claims were recorded.” [1] I guess the best way for Paul to actually be able to claim the home back, is if his name is actually on the tile of the home, and it was not recorded properly.

Martha and Sam should have ordered a title examination. Had they’ve done this they would be a lot more protected by the law. This would have insured that they were receiving a clean title. Our book states, that by ordering a title examination it ensures that a seller has the ability to convey a good title to the purchaser at the time of closing. I would think that Martha and Sam could protect themselves by suing for breach of contact. If Martha and Sam did everything right on their end, and properly filled out a contract with Peter then they could sue for breach of contact. Then in turn, they could seek for compensation for damages and get all their money back in full. They could reject the title of the home until everything is settled in court between Paul and Peter.

[1] Hinkel, DF 2000, Practical Real Estate Law, Albany, NY: Delmar Thomson Learning, eBook Collection (EBSCOhost), EBSCOhost, viewed 31 July 2018.

Forum 5 response:

Class,

So I would begin this post with the thought that, if things were cut and dry in real estate, there would be no such thing as title searches, abstract companies, or real estate lawyers. This is not the case, and things in real estate seem never to be the same since real property is unique.

It would seem that the issue between Paul and the buyers, Sam and Martha would be considered an encumbrance. Since an encumbrance is a more broad term that can encompass several things, it is stand to reason that interest Paul has in the property is an encumbrance, and not a lien (which most likely would have been found in the title search), or a defect. It might be a defect, but more than likely it is not [1].

Going off of the text, the go to, or the baseline for reference on whether an insurance company covers something is the American Land Title Association (ALTA). The ALTA has many insurance companies that belong to it, therefore going off the system in place for it makes sense. I would say that in this scenario, that title insurance should cover Sam and Martha. First off, title insurance covers the title of a property against liens, defects, and/or encumbrances. This can cover a period from the contract back to a certain point, but it can be from the point where the title search left off (in the past). This way the entire title is covered, and it assumes that the title chain has been clear as far back as needed. So, with that said, the property in question was sold to Sam and Martha, and would have had a contract. There should have been a title search performed, and title insurance purchased. Assuming that this happened, the title search obviously would have been completed and would have covered the lifetime of Peter and Paul. After the title search, the company would have issued the insurance knowing a proper search was done [2].

For this scenario, I have a hard time thinking that any exclusions would apply without knowing more. As mentioned previously, the ALTA has a standardized form, and way of doing things. The list of exclusions are found in Schedule B and are not covered in the policy. Under the Schedule B of the owner’s title insurance policy, the only exclusions I can see that may possibly apply would be defects that are first created after the effective date of the policy (assuming the dates would make this happen). Also, if there is an unrecorded defect. This could be a number of things, which is why there are title searches, and real estate lawyers. It does not seem that there would be any other encumbrances, such as an easement since it was half of the house [3].

It is difficult to explain just what happened to the woman in Idaho, or rather what the case situations were. I do feel that the title company should be at fault for this because the plat map of the house shows a line right through it. This is clearly an oversight by the company [4].

Andrew

[1] Daniel F. Hinkel, Practical Real Estate Law (3d ed. 2000).

[2] Id.

[3] Id.

[4] Stephanie Zepelin, Woman says she bought half a house, title company responds, KTVB Boise (2013), http://www.ktvb.com/news/Valley-woman-says-she-bou…