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SUPPLY CHAINS AND DISTRIBUTION PRACTICES MANAGEMENT THEORIES

James Hardy Industries should apply the following three theories in their supply chain management and distribution practices: Transactions Cost Economics Theory (TCE), Social Network Theory (SNT) and Principle-Agent Theory (PAT). In the context of supply chain management, the TCE theory would help the company in the reduction of costs emanating from the use of various distribution channels. The decision of a firm to enter into a transaction would be influenced by the transaction’s degree of uncertainty, the specificity of the transaction and its frequency. Generally, the argument put forth by the theory is that companies should put in place various mechanisms of governance and control while outsourcing for supply chain firms. This would help in the mitigation of the risk that would emanate from the firms’ behavior of opportunism (Pala, 2013, p. 1).

The Social Network Theory would assist the company in assessing the social and behavioral aspects of various types of relationships in the distribution of their building materials. Such relationships would include individual-individual, individual-firm and firm-firm. The company would understand how these relationships would impact on such issues as the social, financial and technical elements. In effect, the company would end up choosing the best relationship type to apply in the distribution of its products. Ideally, the relationship chosen would have minimum negative impacts on the mentioned elements. The third theory that would be applied by the company is the Principle-Agent Theory. The concern of this theory is to ensure that companies apply some of the best control and governance mechanisms in mitigating information asymmetry, conflict of interests and opportunism chances between the Agent and the Principle. The Principle is the company in this case. This theory recognizes that in their distribution practices, companies would need to hire distribution agents (Pala, 2013, p. 1).

 Reference List

Pala, M 2013, Construction Supply Chain Management, viewed 18th May, 2015, <http://cscm-research.blogspot.com/2013/09/supply-chain-management-theories.htm>.

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Briefing Paper : Glen v. Club Mediterranee, S. A.

The issue in the case pitting Glen v. Club Mediterranee, S.A was to establish whether the act of state doctrine barred Glens from recovering their property. The case was heard and determined by the district court and upheld by the court of appeal that Glens’ property recovery was not possible since the act of state doctrine barred them.

What the act of state doctrine provide

The act of state doctrine is a rule or a provision created by the judiciary that precludes the courts of the land from making inquiries into the validity of diverse public acts where a recognized foreign sovereign power is committed or exercised within the territory (Bankas, 2005). The rule prevents any court in the US from declaring official acts performed within its territory invalid. The application of this doctrine is evident in the case pitting[PS3]  Glen and Cuban government where the government gained possession of Glens’ property under the act of expropriation.

The ethical nature of the move by Cuban government and Club Med

Indeed, the taking over of Glens property by the Cuban government was done in an ethical manner and as the law provides. The government took over the property to serve the public interest and promote quality service delivery (Cheeseman, 2013). The move was ethical since it is backed by a legal provision known as expropriation that allows governments to take over property without the owner’s consent.

On the other hand, Club Med also acted ethically given that the joint venture agreement entered with the government was mutually driven. Club Med signed the deal knowing that the government was the owner of the property at the moment as presented. 

The meaning of expropriation

Expropriation is defined as taking of a private property by the government or a private entity authorized by the government to serve the public interest (López, 2014). In most nations including US, the law allows the government to take property through eminent domain. This can be done without just compensation or the owner’s consent.

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