CHAPTER 10 INTERNATIONAL ENGINEERING

PROFESSIONALISMMEMBERS:

CABUGATAN, NORHANNAHGO, RITCHMAN JORELLOZARES, JOHN PAUL

MANALO, JOMELNINO, RIA ROMELAOSIAS, JOHN LOUIE

VILLANUEVA, KAREN MAE

CE195-C1CIVIL ENGINEERING LAWS, CONTRACTS,

SPECIFICATIONS AND ETHICS

December 5, 2015

MAIN IDEAS

1. ECONOMIC, CULTURAL AND SOCIAL DIFFERENCES BETWEEN COUNTRIES SOMETIMES PRODUCE “BOUNDARY-CROSSING PROBLEMS” FOR ENGINEERS. SOLUTIONS TO THESE PROBLEMS MUST AVOID ABSOLUTISM AND RELATIVISM AND SHOULD FIND A WAY BETWEEN MORAL RIGORISM AND MORAL LAXISM

MAIN IDEAS

2. SOME ACTIONS, SUCH AS EXPLOITATIONS AND BRIBERY, CAN RARELY, IF EVER, BE JUSTIFIED, BUT SOME SITUATIONS ARE SUSCEPTIBLE TO CREATIVE MIDDLE WAY SOLUTIONS, AS LONG AS THE SOLUTIONS DO NOT VIOLATE SEVERAL FAMILIAR MORAL STANDARDS.

MAIN IDEAS

3. BOUNDARY-CROSSING PROBLEMS ARE PRODUCED IN HOST COUNTRIES AS LOW LEVELS OF ECONOMIC DEVELOPMENT, EXTENDED FAMILY SITUATIONS, THE PRACICE OF BUILDING BUSINESS RELATIONSHIPS ON PERSONAL RELATIONSHIPS AND CEMENTING THESE RELATIONSHIPS WITH GIFTS, LOW LEVELS OF SCIENTIFIC AND TECHNICAL SOPHISTICATION, THE PRACTICE OF NEGOTIATING TAX RATES AND DIFFERING ENVIRONMENTAL AND SAFETY STANDARDS.

MAIN IDEAS

4. THESE FACTORS CAN, IN TURN, GIVE RISE TO MORAL PROBLEMS RELATED TO SUCH ISSUES AS EXPLOITATION, BRIBERY, EXTORTION AND GREASE PAYMENTS, NEPOTISM, EXCESSIVELY LARGE GIFTS AND PATERNALISM.

10.1 INTRODUCTION

- crossings of national and cultural boundaries are occurring throughout the world. -Let us refer to boundary-crossing problems as ethical problems that are

produced by entering countries or regions with different cultural, social, or

economic conditions. -We can refer to the country that one leaves as the home country and the country that one enters as the host country.

10.2 ETHICAL RESOURCES IN SOLVING BOUNDARY-CROSSING PROBLEMS CREATIVE MIDDLE WAYS

-The most obvious and, in many situations, the most useful resource for resolving

boundary-crossing problems is a creative middle way solution, in which both the

host country and the home country customs are honored in some form.

WHAT SHOULD BE AVOIDED? 1. MORAL LAXISM - the laxist allows solutions to moral problems that involve

serious violations of moral standards ‘‘Because there is no option in this situation that allows me to act in an ideal moral way, I will simply abandon any moral considerations and

act in a way that is most compatible with my self-interest or with the self-interest of

my firm.’’ -This option involves an abandonment of ethical and professional considerations and may in some cases even lead an engineer to embrace choices that are illegal.

2. MORAL RIGORISM -moral principles must be strictly applied in every situation. -The moral rigorist is unwilling to accept the fact that although a given

course of action is not the ideal, it may be the best that one can do in the situation, morally speaking, and it may not involve any serious violation of moral principles.

Sometimes there may be such serious moral problems with one of the options

that a creative middle way solution is not appropriate and even a person who is

not a moral rigorist could not accept it.

How do we determine, then, when a creative middle way solution, or for that

matter any other solution, is so far outside the moral boundaries that it cannot be

accepted? How do we identify those tests, standards, or considerations that would

help us determine when a solution to a boundary-crossing problem is or is not acceptable?

CRITERIA FOR MAKING STANDARDS: 1. as nearly transcultural or universal as possible 2. should have an immediate plausibility.

FIRST STANDARD: GOLDEN RULE

‘‘Would I be willing to accept the effects of this practice?’’

It is difficult to imagine, for example, that anyone would want to be exploited, be forced to violate deeply held moral beliefs, or have one’s own person not respected.

TWO SIMPLE SOLUTIONS: (usually prove unsatisfactory)

1. ABSOLUTIST SOLUTION- the laws, customs, and values of the home country should always be followed. Home-country standards,

however, may pose serious, if not insurmountable, problems if applied in host

countries.

2. RELATIVIST SOLUTION- ‘‘When in Rome, do as the Romans do.’’

Second Standard: Universal Human Rights

All living humans—or perhaps all living persons—have human rights

One does not have to be a particular kind of person or a member of some specific nation or religion to have human rights

some conception of independent existence: People have human rights independently of whether they are found in the practices, morality, or law of their country or culture….

however, this idea of universality needs several qualifications.

rights help protect the moral agency of individuals.

Utilitarians: respecting the rights of individuals promotes human happiness or well-being.

‘‘Rights talk’’ ; near-universal vocabulary for ethical discourse

Measures of the cross-cultural nature of rights talk:

Universal Declaration of Human Rights (UDHR) - a declaration adopted by the United Nations General

Assembly on 10 December 1948 at thePalais de Chaillot, Paris.

-The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. 

Significance:

 In its preamble, governments commit themselves and their people to progressive measures which secure the universal and effective recognition and observance of the human rights set out in the Declaration

served as the foundation for a growing number of national laws, international laws, and treaties, as well as for a growing number of regional, sub national, and national institutions protecting and promoting human rights.

Two later documents :

The International Covenant on Economic, Social, and Cultural Rights The International Covenant on Civil and Political Rights

Generally, these documents ascribe to all humanbeings the rights to: Life . Liberty . Security of person . Recognition before the law. An

impartial trial. Marriage, Property ownership, Freedom of thought, Peaceful assembly and participation in government, Social security and work, Education, Participate in and form trade unions, Nondiscrimination, and A minimal standard of living.

James Nickel has proposed three criteria for determining when a right is what we shall call an international right; Nickel’s conditions most relevant to our discussion are the following:

1. The right must protect something of very general importance. 2. The right must be subject to substantial and recurrent threats. 3. The obligations or burdens imposed by the right must be

affordable in relation to the resources of the country, the other obligations the country

must fulfill, and fairness in the distributions of burdens among citizens

Third Standard: Promoting Basic Human Well-Being

Another test for determining whether a solution to a boundary-crossing problem is satisfactory is whether the solution promotes the well-being of host country citizens.

Through economic development: engineering and business can promote well-being

Nussbaum has derived a set of ‘‘basic human functional capabilities”:

basic capabilities that a person needs to be able to satisfy in order to live a reasonable quality of life

1. Being able to live a human life of normal length. 2. Being able to enjoy good health, nourishment, shelter, sexual

satisfaction, and physical movement. 3. Being able to avoid unnecessary and nonbeneficial pain and to have

pleasurable experiences. 4. Being able to use the senses, imagine, think, and reason.

5. Being able to form loving attachments to things and persons. 6. Being able to form a conception of the good and to engage in critical

reflection about the planning of one’s life. 7. Being able to show concern for others and to engage in social

interaction. 8. Being able to live with concern for and in relation to animals, plants,

and the world of nature. 9. Being able to laugh, play, and enjoy recreational activities. 10. Being able to live one’s own life and nobody else’s

It is important to note that engineering is involved, either directly or indirectly, in many of these factors, which, according to Nussbaum, contribute to human well-being.

How??

According to Nussbaum;

By providing clean water and sanitation, engineering makes an enormous contribution to health and longevity.

Production of fertilizer and other aids to farming increases the ability of a host country to feed its citizens.

Technological development contributes to the level of wealth in a country and thereby plays an important part in promoting almost all of the other capabilities

Fourth Standard: Codes of Engineering Societies Many of the major engineering codes are clearly intended to apply to

their members wherever they live, even if they practice engineering in host countries.

Institute of Electrical and Electronics Engineers; explicitly an international organization. Code: ‘‘the importance of our technologies in affecting the quality of life throughout the world.’’

another example, American Society of Mechanical Engineers (ASME-International) makes

similar references to the international environment. A 1996 decision by the National Societyof Professional Engineers (NSPE) Board of Ethical Review (Case 96-5) held

that anNSPE member is bound by the NSPE’s code of ethics, even in another

country.

Professional codes give important guidance for engineers in the international arena as well as for engineers in their home country.

10.3 ECONOMIC UNDERDEVELOPMENT:

THE PROBLEM OF EXPLOITATION

Exploitation

Exploitation is defined as the act of using resources or the act of treating people unfairly in order to benefit from their efforts or labour.

Exploitation is usually wrong because it violates several of the moral standards.

It violates the right to a minimal standard of living.

Conditions for the risk of exploitation: (According to Robert E. Goodin) There is an imbalance of power between the dominant and subordinate

or exploited party. The subordinate party needs the resources provided by the dominant

party to protect his or her vital interests. For the subordinate party, the exploitative relationship is the only

source of such resources. The dominant party in the relationship exercises discretionary control

over the needed resources. The resources of the subordinate party are used without adequate

compensation.

10.4 PAYING FOR SPECIAL TREATMENT: THE PROBLEM OF

BRIBERY

On the basis of this paradigm case, we can give the following definition of a bribe:

A bribe is a payment of money (or something of value) to another person in exchange for his giving special consideration that is incompatible with the duties of his office, position, or role.

A bribe also induces one person (the person given the bribe) to give to another person (the person giving the bribe) something that he does not deserve.

Why forbid bribery? If an engineer takes a bribe, she is creating a situation that will most likely corrupt her

professional judgment and tarnish the reputation of the engineering profession.

If she offers a bribe, then she engages in activity that will also tarnish the reputation of her profession if discovered and probably violate her obligation to promote the well-being of the public.

Bribery induces the person who takes the bribe to act immorally by violating the obligation to act on behalf of the interests of his client or employer.

Bribery can undermine the efficiency of the market by inducing someone to buy products that are not the best for the price.

Bribery can give someone an unfair advantage over his competitors, thus violating the standards of justice and fair play.

10.5 PAYING FOR DESERVED SERVICES:

THE PROBLEM OF EXTORTION AND GREASE

PAYMENTS

EXTORTION

“Extortion is the act of threatening someone with harm (that the extorter is not entitle to conflict) to obtain benefits to which the extorter has no prior right.”

An executive of Company A hopes to sell 25 airplanes to the national airline of County X. the deal requires the approval of the head of the ministry of transportation in County X. The executive offers the official $300,000 to authorize the purchase of the planes from Company A. The official accepts the bribe.

Gulf Oil Corporation paid $4 million to the ruling Democratic Republican Party of South Korea. Gulf was led to believe that its continued flourishing in South Korea depended on these payments. Conditions : If the payments gave Gulf special advantages over its competitors, the

payments were bribe. If they would have been required of any competitor as a condition of

operating without undeserved reprisals or restrictions, the payments might be classified as extortion

Difference bet. moral status of paying extortion vs. accepting bribes Paying extortion will not usually corrupt professional judgement Although paying extortion can tarnish one’s professional reputation, it

will probably not do so as much as paying bribe Paying extortion will not cause one to act contrary to the best interests

of one’s employer or client Paying extortion does not undermine the efficiency of the market by

promoting the selection of inferior or expensive products, but it does divert funds from their most efficient use

Paying extortion does not give one an unfair advantage over other, except insofar as others do not or cannot pay the extortion

GREASE PAYMENTS

Grease payments are offered to facilitate routine bureaucratic decisions, such as hastening the passage of goods through customs.

They usually involve relatively small amounts of money compared to ordinary bribery or extortion.

CLASSIFICATION OF GREASE PAYMENTS Petty extortion1. Does not give an unfair advantage over others2. Often tacitly condoned by government Petty bribes1. Able to get special considerations2. “Head of the line” advantages

COMMON GROUND FOR EXTORTION AND GREASE PAYMENTS If doing business in the country promotes the wellbeing of the host and

home countries, and there are no serious violations of other moral standards, both may be justifiable.

10.6 THE EXTENDED FAMILY UNIT: THE

PROBLEM OF NEPOTISM

extended family definition. A type of family in which relatives in addition to parents and children (such as grandparents, aunts, uncles, and cousins) live in a single household. 

Nepotismthe practice among those with power or influence of favoring relatives or friends,

especially by giving them jobs.

Ex. An example of nepotism is the CEO of a company giving his under qualified niece a high paying job.

Nepotism at work

Nepotism at work can mean increased opportunity at a job, attaining the job or being paid more than other similarly situated people.

Arguments are made both for and against employment granted due to a family connection, which is most common in small, family run businesses. 

On one hand, nepotism can provide stability and continuity. Critics cite studies that demonstrate decreased morale and commitment

from non-related employees, and a generally negative attitude towards superior positions filled through nepotism.

Some businesses forbid nepotism as an ethical matter, considering it too troublesome and disruptive.

Ethical issues:

The policy of hiring many members of an employee’s family would be morally unacceptable

It would interfere too much with economic efficiency by allowing to many people to be hired who are not best candidates for the job

It will also be too severe a violation of considerations of justice and the right to nondiscrimination

But,

it makes a concession to the deeply held convictions of many people in a tradition-oriented culture

it promotes harmony in the workplace

10.7 BUSINESS AND FRIENDSHIP: THE PROBLEM OF EXCESSIVE GIFTS

Exchange of gifts is a way to cement personal friendships

Ethical issues: impersonal nature in business transactions, separated as they from personal

friendships and family ties, is unnatural and offensive sometimes it look too much like bribes

Suggested solution:

Give the gifts to the community not to individual Gift giving should not be used in a way that exerts undue pressure to win

business Gift limits are given in terms of US dollars

10.8 THE ABSENCE OF TECHNICAL–SCIENTIFIC SOPHISTICATION: THE

PROBLEM OF PATERNALISM

PATERNALISM

overriding the ability of another person to decide what he or she should do (or should not do) for the recipient’s own ‘‘good.’’

The PATERNALIST is the one who decides for another. The RECIPIENT is the person who is the object of the paternalistic

action.

PATERNALISM and EXPLOITATION

If exploitation is imposing my will on another for my good, paternalism is imposing my will on another for the other’s good.

WEAK PATERNALISM and

STRONG PATERNALISM

WEAK PATERNALISM

the paternalist overrides the decision-making powers of the recipient when there is reason to believe the recipient is not exercising his moral agency effectively anyhow.

STRONG PATERNALISM

the paternalist overrides the decision-making powers of the recipient, even when there is no reason to believe the recipient is not exercising his moral agency effectively

If any one of the following conditions is present, a person may not be able to exercise his moral agency effectively, so any one of them is sufficient to justify weak paternalism: A person may be under undue emotional pressure, so she is unable

to make a rational decision. " A person may be ignorant of the consequences of her action, so

she is unable to make a genuinely informed decision." A person may be too young to comprehend the factors relevant to

her decision, so she is unable to make a rational and informed decision.”

Time may be necessary for the paternalist to determine whether the recipient is making a free and informed decision, so the paternalist may be justified in intervening to keep the recipient from making any decision until it is clear that the recipient is indeed making one that is free and informed.

Example 1:

Robin’s firm operates a large pineapple plantation in Country X. The firm has been having what it considers excessive problems with maintaining the health of its workers. It has determined that a major reason for the health problems of its workers is the unsanitary conditions of the traditional villages in which they live. In order to remedy this problem, it has required the workers to leave their traditional villages and live in small, uniform houses on uniformly laid-out streets. Managers believe that the workers can be ‘‘educated’’ to appreciate the cleaner conditions and the aesthetic qualities of the new villages, but the workers have strongly objected. They protest that the new accommodations are boring and have destroyed much of their traditional way of life.

If the workers do not fully understand the health risks associated with their traditional village life, the managers were exercising weak paternalism in forcing them to move into the more sanitary villages. If the workers did understand the consequences but still preferred more disease and perhaps even less health care for the disease, in order to preserve their traditional way of life, the managers were exercising strong paternalism. Since strong paternalism is more difficult to justify, the burden of proof on the managers to show that their action was justified would be much greater.

Example 2:

John is employed by a large firm that sells infant formula in Country X. The firm is also the only one that markets infant formula in Country X. Many mothers mix the formula with contaminated water because they do not understand the health dangers to their infants. They also dilute the formula too much in order to save money, unaware that this leads to malnutrition in their babies. John recommends that his firm 10.8 The Absence of Technical–Scientific Sophistication 225 stop selling the product in Country X. Management agrees and stops the sale of the product in Country X.

In this case, at least one of the conditions sufficient to justify weak paternalism is satisfied, so the action was probably justified. Of course, in stopping the sale of the infant formula, John’s firm deprives the mothers in Country X of the ability to feed their babies with infant formula. There is ample evidence, however, that the mothers (or at least many of them) were not able to exercise their moral agency in a free and informed way.

10.9 DIFFERING BUSINESS PRACTICES: THE PROBLEM OF NEGOTIATING TAXES

James works for a U.S. firm in Country X, where it is customary for the government to assess taxes at an exorbitant rate because it expects firms to report only half their actual earnings. If a firm reported its actual earnings, the taxes would force it out of business. James’ firm wonders whether it is morally permissible to adopt the local practice of dishonestly reporting its profits, even though it would be illegal to do this in the United States. It would report it profits honestly to the U.S. tax office.

10.10 CHAPTER SUMMARY

BOUNDARY CROSSING PROBLEM

Economic Social Cultural conditions

RESOLVING BOUNDARY PROBLEMS

Follow the standards of the host country (relativist solution) Follow the standards of the home country (absolutist solution) Creative middle way is the best way to resolve boundary-crossing

problems1. Golden rule 2. rights 3. utilitarian considerations 4. and the guide lines in professional codes

LOW LEVELS OF ECONOMIC DEVELOPMENT

Bribery is also common in host countries with low level s of economic development

Extortion and grease payments are also especially common in lesser industrialized countries

EXTENDED FAMILY

Nepotism- obligation to get other family member jobs

BUSINESS RELATIONSHIPS

Built with personal relationships and cemented with gifts Gift size that aren’t large enough to be considered bribery is another

creative middle way between rejection of host country ways of doing business and actions that involve bribery.

PATERNALISM

Weak Paternalism preserves and protects a person’s moral agency, can often be justified

Strong Paternalism overrides moral agency for the sake of some substantial good, is more difficult to justify. It can only be justified in cases in which the good is considerable.

NEGOTIATING TAXES

situations in which participating in this way of levying taxes without engaging in bribery and gaining an inequitably low tax rate is an acceptable creative middle way between having to leave the host country, on the one hand, and engaging in morally unjustifiable corruption, on the other hand.

ASEAN & APEC Engineers

Association of Southeast Asian Nations(ASEAN)►  is a political and economic organization of ten Southeast

Asian countries. It was formed on 8 August 1967 by Indonesia, Malaysia, the Philippines, Singapore , and Thailand, Brunei, Cambodia, Laos, Myanmar (Burma), and Vietnam

►  It aims include accelerating economic growth, social progress, and sociocultural evolution among its members, protection of regional peace and stability, and opportunities for member countries to resolve differences peacefully

ASEAN Engineering RegisterObjectives: To promote recognition of ASEAN engineering team within and outside

ASEAN; To safeguard and promote the professional interest of engineers,

engineering technologists and technicians; To foster high standards of formation and professional practice and

regularly review them;

To promote cultural and professional links among members of the engineering profession within ASEAN;

To enhance wealth of ASEAN countries; To provide sufficient data regarding the formation of an individual

engineers, engineering technologists and technicians for the benefit of prospective employers;

To encourage a continuous update of the quality of engineers, engineering technologists and technicians by setting, monitoring and reviewing standards.

ASEAN Engineers Register Minimum Requirements:The criteria stipulated below are the minimum requirements for an applicant to be admitted into the Register:

• Must possess an Engineering Degree recognized by the home country;

• Must be a full-time member of the Engineering Organization or Technological Association in the home country and is licensed to practice engineering in the home country;

• Must have a minimum of seven (7) years of post-graduate professional working experience in an engineering environment, of which two years of experience involve the responsible charge of significant work;

• Must maintain his professional development at an acceptable level; and

• Must agree to be guided by the ASEAN Engineers Code of Practice.

Benefits of ASEAN Registered Engineer

Bigger market for expertise. Better employment prospects. Greater avenue for sharing of knowledge,

expertise and technology. Increased related business potential. Wider networking and strategic alliances. More potential for research and development.

Asia-Pacific Economic Cooperation (APEC)

 is a forum for 21 Pacific Rim member economies that promotes free trade throughout the Asia-Pacific region.

It was established in 1989 in response to the growing interdependence of Asia-Pacific economies and the advent of regional trade blocs in other parts of the world.

According to the organization, it is "the premier forum for facilitating economic growth, cooperation, trade and investment in the Asia-Pacific region" established to "further enhance economic growth and prosperity for the region and to strengthen the Asia-Pacific community”

APEC Engineers There is an agreement in place between a number of APEC countries for

the purpose of recognizing “substantial equivalence” of professional competence in engineering. APEC countries can apply to become members of the agreement by demonstrating that they have in place systems which allow the competence of engineers to be assessed to the agreed international standard set by the APEC Engineer agreement.

Benefits of being an APEC Engineer Professional engineers have the opportunity to have their

professional standing recognized within the APEC region thereby contributing to the globalization of professional engineering services.

Adds value to individuals who may wish, at some stage, to work in these economies. 

Each member economy of the APEC agreement has given an undertaking that the extra assessment required to be registered on the local professional engineering register will be minimized for those registered under the APEC Engineer agreement.

APEC Register Becoming an APEC Engineer of the Philippines may

allow you to join overseas projects and practice your profession in APEC Engineer economies without having to undertake further examination or interview.

You will be able to obtain discounted dual membership in both your APO and an equivalent engineering society or institution overseas.

Areas of Engineering Eleven general areas of practice are currently

available for registration as APEC Engineer: Agricultural Engineering, Civil/Structural Engineering, Chemical Engineering, Electrical Engineering, Electronics and Communications Engineering, Sanitary and Environmental Engineering, Geodetic Engineering, Mechanical Engineering, Metallurgical Engineering, Mining Engineering, and Naval Architecture and Marine Engineering.

How to become an APEC Engineer? An Application form for registration for Candidates. To send documents for certification and registration in the Russian APEC

Engineer Register and the International APEC Engineer Register. Understand and apply practically the following documents: APEC Engineer Standard Code of Ethics List of competences of APEC Engineer and other regulatory documents Pass examination within professional engineering disciplines that are

compared against the criteria of the APEC Engineer Standard.

QUESTIONS

1. Give 4 ethical resources and/or standards for solving boundary-crossing problems

2. Give 3 indicators or common issues that shows low levels of economic development among countries

3. To become an aspiring APEC engineer one must have a full understanding and know-how of practically applying the following documents: ____________ and ______________ .

ICEBREAKER

YOU SHOULD NEVER DO THIS IN…CULTURAL DIFFERENCES

1.

A. INDONESIAB. TUNISIAC. GERMANYD. UNITED ARAB EMIRATES

2.

A. FRANCE B. GERMANY C. RUSSIA D. ITALY

3.

A. FRANCE B. MIDDLE EAST C. SINGAPORE D. JAPAN

4.

A. INDONESIA B. VIETNAM C.GREECE D. BRAZIL

5.

A. GREECE B. BRAZIL C. CHINA D. PAKISTAN

6. NODDING MEANS NO, SHAKING HEAD MEANS YES A. TUNISIA B. UZBEKISTAN C. BULGARIA D. AUSTRIA

7. NOT OK WHEN YOU DO THE “OKAY SIGN” A. BRAZIL B. GERMANY C. MALAYSIA D. BULGARIA

A. WHERE THUMBS UP SHOULDN’T BE RAISED A. MIDDLE EAST B. NORTH AMERICA C. SOUTH AMERICA D. SOUTH AFRICA

SOURCE: http://www.dailymail.co.uk/travel/travel_news/article-3000521/Handy-infographic-explains-hand-gestures-world.html