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SPRINGER BRIEFS IN BUSINESS
Friedrich Glauner
Managing Future
Enterprise
Staying Ahead of
the Curve with
Symbiotic Value
Networks
123
SpringerBriefs in Business
More information about this series at http://www.springer.com/series/8860
Friedrich Glauner
This Springer imprint is published by the registered company Springer Nature Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface
The historically unparalleled success of our modern economies and forms of enter-
prise has a dark underbelly: dramatic challenges, to our economy, our social world,
and our environment. Not only do they threaten our society at large, but more and
more frequently also the companies that have created that success story of modern
economic enterprise. Mastering these challenges will need a new type of economic
thinking and a new business practice. Entrepreneurs who dare to test these new ways
will become the star actors of a civil society that defends its liberal order with
enterprising courage by—a contradiction only on the surface—serving the greater
good and adding something of value to our world. Their actions will not only be a
model for all holistically minded and responsible enterprise to follow, but a model
for politics and all other social institutions that are still caught up in our old economic
ways of venturing that continue to fuel the fires that modern and future viable
enterprise has the power to put out.
This BRIEF volume is meant as a first guidebook on how this new thinking and
new practice can be embedded in businesses in concrete and commercially effective
ways. It comes from an attempt to condense the Tübingen Development Model for
Future Viable Enterprise for practical use. Working with companies and practi-
tioners in the real world, the model was the author’s brainchild at the Global Ethic
Institute of the University of Tübingen. Termed Ethicology, it reconciles the ethical
and ecological principles of successful practice in living systems with the established
tools of business management and organizational psychology for a values-driven
management of organizations.
I need to thank all of my colleagues at the Global Ethic Institute and all of the
entrepreneurs who are already working sustainable businesses and who rightly
deserve to be called models for enterprise. Specifically, I want to thank my colleague
v
vi Preface
Anna Tomfeah at the Institute, who gave the impetus for this BRIEF volume and
who has supported it with so many comments and suggestions, practical editorial
support, and her gift for the right turns of phrase.
vii
viii About This Book
another look at the problems facing all businesses today, thereby establishing the foil
(Sects. 1.1 and 1.2) and frame (Sect. 1.3) for viable enterprise. “Values creation as
value creation” explores the new paradigms of viable enterprise. And “Value adding
networks” highlights the aspects and processes that companies can use to apply these
paradigms today.
ix
x Contents
4 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
4.1 The Ethicological Axioms of Lastingly Viable Business Models . . . 47
The as yet unbroken success story of today’s technology-driven business models has
led to a proliferation of new opportunities and a never before seen level of wealth for
great masses. At the same time, the continued belief in the old creeds of competition,
with its mantra of “faster, bigger, better”, means that many formerly successful
business models are falling apart, and the political, ecological, and social resources
fuelling our wealth and economic well-being are being exploited at an unsustainable
rate. If companies want to survive in this environment, they need new strategies and
business models that will stand the test of time.
the system as a whole. As Robert Frank, Philip Cook, and Tony Seba conclude with
different appraisal regarding the outcome and consequences, fewer and fewer
winners will take all (Seba 2006, 2014), paid for by more and more losers who go
wanting (Frank and Cook 1995). In the end, this leads to the political, commercial,
ecological, and social turmoil that is already starting to show itself and that has the
potential to threaten not only the survival of our liberal societies but too the prospects
of a rich, healthy and vivid mankind and nature.
(continued)
1.1 Fallacies at Work: The Creeds of Competition and the Paradox of. . . 3
(continued)
4 1 Old Wine in Old Skins: The Challenges for Modern Management
(continued)
1.1 Fallacies at Work: The Creeds of Competition and the Paradox of. . . 5
The market for taxicab services before the advent of UBER: There are one
million taxicab operators in the world, employing ten million drivers who
make a living from their services. Working on 250 days, they carry an average
of ten passengers at an average rate of €10 per journey. This means 25 billion
journeys and a total turnover of €250 billion per year. Take away an assumed
30% rate of tax, that is, €75 billion going to the state to pay for infrastructure or
other services.
The market for taxicab services after UBER: With its digital ride sharing
platform, UBER has radically changed the face of the taxicab industry. Every
car driver—a potential of 100 million suppliers in our rough model—can pick
up UBER passengers via the app to earn a little extra. The passengers also
benefit: They only pay a lower contribution for the ride. Assume an average of
€6 per journey, this saves them 40% on our imaginary taxicab fees. With
25 billion rides per year, the market makes a total of €150 billion in turnover,
of which 20% or €30 billion goes to UBER for providing the platform,
deducting 30% tax for our calculation. The remaining €120 billion are shared
among the drivers. Although UBER pays taxes on its corporate earnings, the
drivers do not do so, saving them a minor amount in tax at the expense of not
making a living wage of UBER. In the end, UBER is the only real winner with
its almost monopolistic hold over the market. The customers and providers of
the ride services are only secondary beneficiaries in this business model. On a
higher level, everybody who depended on the old taxicab economy loses, and
society at large loses double: The state loses a considerable source of fiscal
revenue, and it has to stomach the costs of the new model, starting with the
need to provide for or retrain the taxi drivers now left unemployed.
UBER, the model enterprise: All markets, not just taxicab services, are
currently being threatened by a new technological leap that will enshrine
monopoly returns for the winners like Amazon, Apple, Google, and their ilk,
allowing them to virtually dominate entire markets at their leisure. A 2015
study of the Commerzbank has shown that a quarter of the 4000 participating
companies cannot see a viable future for their business models as a result of
recent developments and new platform economies (Commerzbank 2015); the
figures rises to a full 60% in the case of retail. The consequences of this
(continued)
6 1 Old Wine in Old Skins: The Challenges for Modern Management
(continued)
1.1 Fallacies at Work: The Creeds of Competition and the Paradox of. . . 7
economy has grown so big, so fast, that it is quickly depleting the very same
natural capital on which it thrives. In a way, it is falling victim to its own
success” (l.c., p. 11)
Concentration: The Loss of Cultural Diversity
A fourth phenomenon pinpointing the paradox of destructive wealth crea-
tion can be seen if we turn to the loss of diversity. This loss is commonly being
discussed in the terms of what Edward Wilson has called “the sixth great
extinction spasm” (Wilson 1992, p. 30), i.e. the loss of species and the
depletion of as yet highly diverse flora and fauna. Remembering the phenom-
ena of concentration, disruption, and externalization, however, this loss can
also be analysed in cultural terms, i.e. in terms of the erosion of cultural
resources—resources we eventually might need as an intact, diverse, and
rich spring of living and natural resources if, as mankind, we want to stay
viable for the future. The loss of cultural resources is expressed in the rising
number of endangered languages. According to the UNESCO “at least 43% of
the estimated 6000 languages spoken in the world are endangered” (Moseley
2010). As the web-based platform Ethnologue: Languages of the World states,
for the end of 2016 “7,097 languages are spoken today. That number is
constantly in flux, because we’re learning more about the world’s languages
every day.” “A full third” of these, or in absolute terms, a figure which is in
line with the UNESCO findings, “are now endangered, often with less than
1,000 speakers remaining. Meanwhile, just 23 languages account for more
than half the world’s population” (Ethnologue 2017). This erosion is mirrored
by the languages in Wikipedia and by the development of global GDP. There
are only 296 Wikipedias, of which 285 are active. These active languages in
Wikipedia do not essentially reflect how many people of a culture speak a
specific language, but rather how dominant the culture is in economic terms.
As Marc Davis highlights that, over the period from 1975 to 2003, 87.5% of
global GDP in 2003 was created by people speaking one of only 18 languages,
including, by order of prominence, English with 29.3% of gGDP, Chinese
with 12.5% of gGDP, Japanese with 7% of gGDP, Spanish with 6.5% of
gGDP, German with 5.5% of gGDP, French with 4.6% of gGDP, Portuguese
with 3.3% of gGDP, Italian with 3.2% of gGDP, and Russian with 2.6% of
gGDP (Davis 2003). Thus, the growing number of endangered languages not
only highlights the erosion of cultures, but furthermore shows how this erosion
is an effect and mirror of present day unequal wealth creation.
If we condense all of these trends into one set of practices that describe our current
economic model, we get the mantra of modern enterprise:
8 1 Old Wine in Old Skins: The Challenges for Modern Management
In the worst case, this mantra will turn competition into a zero-sum game, with
fewer and fewer winners taking all, and more and more losers taking nothing. In the
best case, it leads to a win-win situation, with fewer and fewer actors gaining shared
advantages at the expense of third parties or the general public. Without the
(historically unique) chance to become the next UBER, more and more companies
will see their very existence threatened by this situation.
The mantra of modern enterprise affects society at large, but it also affects the
everyday actions of actual companies. This can be seen when we follow this
unquestioned pursuit of competitiveness down to the level of management practice.
The first and foremost goal of all management is to avert disaster: the forced
expulsion from the market by insolvency, by hostile takeover, or by the loss of a
sustainable business model.
As long as companies remain beholden to our current economic mantras, they
will try to face that disaster with a strategy of paradox: They will try to become more
flexible and more inimitable at the same time. Following the banner of “agility”, they
will fall in line, lemming-like, with a type of conformist and swarm stupid practice
that keeps powering the wheel of acceleration, concentration, and exploitation.
Swarm stupidity is a phenomenon of collective behavioural feedback loops, created
by pre-emptive expectations and beliefs that individuals or organizations ascribe to
certain other actors and pre-emptive actions in response to those beliefs. This kicks
into being a loop of mutual pre-reactions that have all the hallmarks of self-fulfilling
prophecies.
In concrete terms, modern companies show signs of swarm stupidity in three
specific patterns that need to be challenged for companies to achieve lasting viabil-
ity: First, the pattern of warped timeframes, second, the pressure to grow, and third,
the pattern of sense surrogates.
John Maynard Keynes’ adage that “in the long run, we are all dead” was meant as
a reminder that “this long run is a misleading guide to current affairs” (Keynes
1923, p. 80). By this, he meant that we ought to get active on the problems facing us
right now. In business, this is called looking after your everyday operations. This
short-termist outlook is reflected in the fact that around 90% of all insolvencies are
the result of short-term liquidity issues, not systemic debt. Maintaining short-term
1.2 The Dead Ends of Modern Enterprise: Swarm Stupidity, Warped Time, and. . . 9
“Thou shalt not covet” is a commandment very few of us can truly claim to abide
by: It might not be our neighbour’s ox that we covet, but it might well be our
neighbour’s wife, or maybe that nice roadster as a second car for the weekend. What
few of us will covet, however, is a third toaster, a fourth washing machine, or a sixth
stereo. If we see our modern markets in their naked glory, we will see that they are
not just saturated, but almost biblically flooded with a surfeit of opportunities and
offers that even our high-powered search engines cannot keep on top of. This is a
1
In 2007, the Christian development agency ‘Tearfund’ estimated that there will be as many as
200 million climate refugees by 2050 and as many as one billion by the end of the century if global
warming and its impact continue (Watts 2007, p. 101). This estimate has been refined recently by
the Global Biodiversity Council (Intergovernmental Science-Policy Platform on Biodiversity and
Ecosystem Services). According to the IPBES “land degradation and climate change are likely to
force 50 to 700 million people to migrate by 2050” (IPBES 2018).
10 1 Old Wine in Old Skins: The Challenges for Modern Management
problem for businesses: They are facing the economic pressure to keep growing and
reinventing themselves in these oversaturated markets. To do so, they only keep
flooding the markets with new products and new services, very few of which have
real sense to offer. What they offer is a sense surrogate.
2
“In 1990, 1.9 billion were living in extreme poverty. By 2015 that number had been cut by more
than half, to 830 million, while in parallel the global middle class had almost tripled. And most
citizens of advanced economics today command goods and services that were beyond the reach of
even kings and emperors only 200 years ago” (Stuchtey et al. 2016, S. 8). Even if these figures
sound extremely positive in the abstract, they need to be taken with a pinch of salt: As the Pew
Research Center authors Rakesh Kochhar and Russ Oats stress in their study “A global middle class
1.2 The Dead Ends of Modern Enterprise: Swarm Stupidity, Warped Time, and. . . 11
and, as a consequence, fuel the growth that companies need. “Phishing for phools”
becomes a catch-22 and only worsens the pressure on businesses.
When we analyse why and how markets and societies collapse, we can see a pattern
discovered by NASA scientists (Motesharrei et al. 2014). In the past millennia,
societies have collapsed as a result of one of two possible and mathematically
predictable conditions: They either destroyed the resources sustaining them, such
as the Easter Island people, or they became unequal to an extent that caused
revolution, such as France under the ancien regime. What differs today from these
mechanisms in the past is that, for the first time in history, both conditions are
present. The mantra of competition leads to a collective and globalized depletion
spiral of a pressure on prices, economic concentration, resource exploitation, and
social upheaval, which is directly affecting the survival of individual enterprises on
the ground (Fig. 1.1).
This development demands a new type of economic viability, in which enterprises
break with the mental patterns and the shackles of thinking in terms of scarcity,
profit, competition, and growth that force them into the behaviours of swarm
stupidity and might lead to their self-caused downfall.
Prices
Unrest
Common wealth
is more promise than reality”, poverty is defined as an income of less than $2 a day, average and
high middle-class income as $10.01 to $20 or $20.01 to $50 per day, and high income as $50 per
day. People above the global poverty line and up to those defined as the global middle classes
therefore have an income of between $730 and $7300 per year: “Even those newly minted as middle
class enjoy a standard of living that is modest by Western norms. As defined in this study, people
who are middle income live on $10–20 a day, which translates to an annual income of $14,600 to
$29,200 for a family of four. That range merely straddles the official poverty line in the United
States—$23,021 for a family of four in 2011.” (Kochhar and Oats 2015, p. 6).
12 1 Old Wine in Old Skins: The Challenges for Modern Management
Recapitulating the developments described so far, it seems that our economic struc-
tures are collapsing under their very success. The result of this is an ever growing
choir of calls for another kind of business conduct. Most prominent among these calls
are the voices calling for natural capitalism (Hawken et al. 1999), regenerative
capitalism (Fullerton 2015), humanistic management (Pirson 2017), a circular econ-
omy (Pauli 1998, 2010; Braungart and McDonough 2002, 2013), the economy of the
common good (Gemeinwohlökonomie) (Felber 2010), or the concepts of collective
value (Donaldson and Walsh 2015) and of shared value (Porter and Kramer 2011).
However, all these approaches, as necessary and important as they are, stay stuck
in the conceptual framework of present-day economic thinking, namely in the
shackles of the concepts of scarcity, competition, value creation, and growth.
While adherents and critics of the market economy quarrel over how to interpret
and deal with competition, value creation, and growth, they seem to share the same
view of scarcity. To phrase it with Lionel Robbins, they share the understanding that
“economics is the science which studies human behavior as a relationship between
ends and scarce means which have alternative uses” (Robbins 1932, p. 16), thus
taking scarcity to be the headstone of economic rationality.
With this shared assumption that dealing with scarcity is the core task of real-world
enterprise and economic thinking, they differ only insofar as the critics reference
scarcity with a normative claim on just distribution and sustainable enterprise, while
the adherents approach the problem of scarcity in functional terms. For them, the
proper allocation of scarce goods is a means for securing the best results in a generally
fair distribution, which they define with Nobel laureate John Nash as the Nash
equilibrium. But as long as we stick to the notion of scarcity, we cannot escape the
fly bottle of the paradox of modern wealth creation. This is due to two facts: The first
concerns the understanding that economic reasoning evolves from a self-fulfilling
feedback loop, in which our basic assumptions determine our expectations. These in
turn determine our actions, which again facilitate counteractions that foster the kind of
reality we expect and upon which we supposedly act in the first place.3 The second
3
As Juan Elegido found in his study “Business education and erosion of character”, our mental
models and attributions of what human beings are and how they act have major consequences. If
people understand themselves as rational maximizers of self-interested benefits, they will change
their behavior to match the expectations triggered by our economic concepts of scarcity and
competition: Whenever a win-win outcome is impossible, the mission is to maximize your gains
at the expense of the others involved (Ghoshal and Moran 1996). Since we cannot ever be
absolutely certain that the other side will be cooperative, every economic relationship suffers
from an inherent lack of trust. This is made worse by the mental models of our economy, such as
the principal-agent problem in contractual relations put forward by Michael Jensen and William
Meckling (Jensen and Meckling 1976). Almost all facets of competitive thinking are governed by
the idea that human beings will follow their own good first. Selfishness abounds. In the case of the
economics undergraduate: “Students will come to expect that other people will act that way [i.e.,
1.3 New Wine in New Skins: The Foundations of Future Viable Enterprise and Economy 13
fact is a direct consequence of the first. If we base the mental model of the economy
upon the concept of scarcity, we cannot evade two mental traps that condition our
behaviour when thinking about scarcity in economic terms.
The first of these traps is our human psychology, which most often guides our
actions when we are confronted in real-world encounters with the manifold phe-
nomena of scarcity:
The second trap lies in the economic focus on yield, i.e. the understanding that
revenue only comes when one invests less than one gets in return:
Companies trying to evade these traps and wishing to use viable business models to
help break the vicious cycles of destructive value creation need certain guidelines and
tools to free themselves from the traps that are ingrained in their current economic
thinking and in all of our commercial life (Glauner 2018a, b, c). They can find them in
the concepts of ‘future viability’ and of ‘future viable enterprise’. Both are designed to
transform the mentioned calls for another kind of business conduct and business purpose
in such a way that it aligns the rationale of the micro-logics of corporate action with the
necessary conditions that breach the ‘paradox of destructive wealth creation’. However,
in order to excel in this task, entrepreneurs, managers, and all who are engaging in
enterprise under real-world conditions must master four skills: understanding systems,
understanding psychology, understanding enterprise, and, on top of these, managing
future viable strategies. While “understanding enterprise” will be the assignment for
Chaps. 2 and 3, we will begin with a brief look at the tasks of understanding systems,
understanding psychology, and managing future viable strategies.
We can find a way out of the mental traps of our current economic thinking by
becoming aware of the roles that companies and economic thinking play for us as
selfishly]. This has clear practical consequences because it is well established in prisoner dilemma
experiments that most subjects will defect if they are told that their partners are going to defect
(Dawes 1980). In other words, the mere fact that people expect that others will behave selfishly will
tend to make them behave selfishly (Miller 1999)” (Elegido 2009, p. 18).
14 1 Old Wine in Old Skins: The Challenges for Modern Management
people and for our environment. Companies are the actors and carriers of a crucial
system of exchange with which we sustain our lives. As such, they and their conduct
form one of the key organizational systems in the ‘system of systems’ (Fig. 1.2) that
is the world we live in. Three fundamental levels exist in an intricate mesh,
overlapping and influencing each other: the level of closed and determined cyclical
systems (the physical world and the laws of nature), the level of open and adaptively
learning cyclical systems (the world of the living), and the level of cultural and
semantically determinist systems (the world of meanings). We use the latter to
describe our world and its systems.
The difference between the natural systems of the physical world (of the physical
systems), the world of the living (of the biological systems) and the cultural systems
of our concepts of the world can be explained as follows:
The physical world is closed and clearly delimited. It does not grow and only
develops according to the laws of physics (the laws of thermodynamics). However
our universe might change and evolve, the sum total of its atoms will stay the same
forever and ever.
The natural, biological world, by contrast, is a world of growth, made possible by
the processes of transforming energy and organic or inorganic substances (photo-
synthesis) into the building blocks that the world of the living needs to continue to
differentiate and diversify (phylogenesis). In this sense, nature is nothing other than a
constant transformation of natural substances and energy into the building blocks of
life (biomass) that fuels the continued evolution of the living world. The most
important example of nature diversifying in this way is the creation of breathable
air with the oxygen given off by bacteria and microorganisms. This is a process that
started approx. 3.5 billion years ago and continues to stabilize our living systems
today in the form of photosynthesis. This process was the essential condition for the
evolution of higher forms of life. As long as this resource creation process is intact, it
will fuel the growth of new resources for life, which in turn enrich and continue to
diversify the sub-systems of the living world in ever more unique niches.
The human world of cultural systems, finally, influences how we behave in this
world and whether ours is a positive or a negative effect. More specifically: by
contrast to the natural, biological systems that power the growth of resources as a
basic principle of life, we often interfere in such a way with this world that its
resources are disappearing and that life is suffering, instead of growing and diver-
sifying. Our typically commercially inspired actions makes us concentrate or trans-
port certain substances to places where they can only damage life (think of high
carbon dioxide or ozone concentrations in the atmosphere or microplastic waste in
ocean organisms). Conversely, we take them away from places where they would be
needed as the building blocks of life (think of the erosion of fertile soil or the
consumption of irreplaceable resources like phosphorus). In a nutshell, the differ-
ence between the nature processes of life (the biological systems) and the human,
cultural processes (the systems of culture) is: the excessive, wasteful, and lavish
processes of nature, seen from the level of the wider system) are adding resources.
The growth and surplus processes of the homo oeconomicus are depleting
resources. For deceptively rational economic purposes or only as the by-product
of our economic practices, we are concentrating, transforming, or displacing our
closed (invariable) cybernetic circular
systems (determined systems)
Physical Systems
Tides, Gravity ... open (variable) cybernetic circular
Maschines … systems (adaptive / learning systems)
Non-Psychological
Bio-Social Systems
Lions, Ants, Wolfes, Cultural Systems
Dolphins ...
1.3 New Wine in New Skins: The Foundations of Future Viable Enterprise and Economy
15
resources in a way that directly damages life or at least takes them away from the
natural world that needs them.
The dynamics of cultural systems within the system of systems consist in the fact
that all our actions are determined by what we could call the bio-socio-psychological
construction of reality. In this construction, we have to distinguish the level of the ‘I’
(the level of psychological systems, i.e. human individuals) from the level of the
‘We’ (the level of groups, i.e. non-biological physical social systems). Within these
realms of the ‘I’, the ‘we’ and ‘culture’, the semantic systems of a given culture, are
the fundamental vehicles with which we construct our reality. The essence of this
third systemic level is that we not only choose what we consider true and relevant
with our semantic systems, such as religion, sciences, or the concepts of law,
politics, or economy. It also defines how we act and behave in this reality we
build for ourselves.
It might be hard to accept that these semantic systems are man-made constructs
with which we define (determine) our knowledge of the world and our actions in
it. However, acknowledging this determinist power of semantic systems gives us the
key to future viability. As beings capable of learning, we can learn and change our
definition of the world and give our conduct and rationale a new form and direction.
In the economic realm, this new direction can be found in the concept of the
lastingly viable enterprise. Future viable enterprises are enterprises whose business
models cut through the paradox of destructive wealth creation, thereby fostering and
sustaining not only the economic wellbeing of the firm, but of all surrounding systems
which are affected by its corporate actions. The term ‘surrounding systems’ entails
not only all stakeholders who have an influence on how a corporation fares, but—on
the systemic levels of the micro, meso, macro and supra-levels (Fig. 1.3)—all other
persons, institutions, and systems who are affected by corporate actions, but have no
means of influencing business conduct by any means.
In this aggregation of the micro, meso, macro and supra-level, the supra-dimension,
i.e. the global level of nature and human culture, must be understood as the frame in
which the specific dynamics of the micro, meso and macro-level unfold, thereby
altering the natural and social form and quality of the supra-level. This process of
altering the supra-level has to be understood as the responsiveness of both nature and
society (i.e. the physical and biological state of nature as well as the basic human belief
systems and mental models of reality) to human action. And this brings us back to the
micro-level. On the micro-level (humans, corporations), individual actors engage
according to personal goals influenced by the opportunities of their space (meso,
i.e. markets) on the one hand and the limitations created by societal (macro) or by
natural and cultural (supra) circumstances on the other. In this individual engagement,
two sets of “what is given” are crucial for individual actors (humans/organizations).
The first is the cultural frame (the semantic systems consisting of legal and social
institutions, like the law, the religion, or political institutions) that defines the norma-
tive rules (do’s and don’ts) of specific forms of life, which, in turn, determine the
opportunities of space (i.e. meso) for individual actors. The second set of “what is
given” is the mental frames, such as our understanding of the economy or the sciences,
by which that “what is given” is interpreted. These mental frames are the fundamental
belief systems with which we constitute the laws, objects, and structures of the given.
1.3 New Wine in New Skins: The Foundations of Future Viable Enterprise and Economy 17
In line with cybernetic and holistic thinking as developed by Norbert Wiener (1948),
Ross Ashby (1956), Heinz von Foerster (1972, 1973, 1974, 1981), Ernst von
Glasersfeld (1995), Humberto Maturana and Francisco Varela (Maturana 1970,
1978; Maturana and Varela 1975), we can conclude: Fostering future viable enterprise
and economy must entail a change in the mental model with which we interpret and
determine our economic actions.
Changing the mental frame of our economic thinking is only the first step towards
becoming viable for the future. The second step must address the confines of our
cognitive set-up as depicted in Fig. 1.4.
18 1 Old Wine in Old Skins: The Challenges for Modern Management
"ARTICLE I.
The High Contracting Parties agree to submit to Arbitration in
accordance with the provisions and subject to the limitations
of this Treaty all questions in difference between them which
they may fail to adjust by diplomatic negotiation.
"ARTICLE II.
All pecuniary claims or groups of pecuniary claims which do
not in the aggregate exceed £100,000 in amount, and which do
not involve the determination of territorial claims, shall be
dealt with and decided by an Arbitral Tribunal constituted as
provided in the next following Article. In this Article and in
Article IV the words 'groups of pecuniary claims' mean
pecuniary claims by one or more persons arising out of the
same transactions or involving the same issues of law and
fact.'
"ARTICLE III.
Each of the High Contracting Parties shall nominate one
arbitrator who shall be a jurist of repute and the two
arbitrators so nominated shall within two months of the date
of their nomination select an umpire. In case they shall fail
to do so within the limit of time above mentioned, the umpire
shall be appointed by agreement between the Members for the
time being of the Supreme Court of the United States and the
Members for the time being of the Judicial Committee of the
Privy Council in Great Britain, each nominating body acting by
a majority. In case they shall fail to agree upon an umpire
within three months of the date of an application made to them
in that behalf by the High Contracting Parties or either of
them, the umpire shall be selected in the manner provided for
in Article X. The person so selected shall be the President of
the Tribunal and the award of the majority of the Members
thereof shall be final.
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"ARTICLE IV.
All pecuniary claims or groups of pecuniary claims which shall
exceed £100,000 in amount and all other matters in difference,
in respect of which either of the High Contracting Parties
shall have rights against the other under Treaty or otherwise,
provided that such matters in difference do not involve the
determination of territorial claims, shall be dealt with and
decided by an Arbitral Tribunal, constituted as provided in
the next following Article.
"ARTICLE V.
Any subject of Arbitration described in Article IV shall be
submitted to the Tribunal provided for by Article III, the
award of which Tribunal, if unanimous, shall be final. If not
unanimous either of the High Contracting Parties may within
six months from the date of the award demand a review thereof.
In such case the matter in controversy shall be submitted to
an Arbitral Tribunal consisting of five jurists of repute, no
one of whom shall have been a member of the Tribunal whose
award is to be reviewed and who shall be selected as follows,
viz:—two by each of the High Contracting Parties, and one, to
act as umpire, by the four thus nominated and to be chosen
within three months after the date of their nomination. In
case they shall fail to choose an umpire within the limit of
time above-mentioned, the umpire shall be appointed by
agreement between the Nominating Bodies designated in Article
III acting in the manner therein provided. In case they shall
fail to agree upon an umpire within three months of the date
of an application made to them in that behalf by the High
Contracting Parties or either of them, the umpire shall be
selected in the manner provided for in Article X. The person
so selected shall be the President of the Tribunal and the
award of the majority of the Members thereof shall be final.
"ARTICLE VI.
Any controversy which shall involve the determination of
territorial claims shall be submitted to a Tribunal composed
of six members, three of whom (subject to the provisions of
Article VIII) shall be Judges of the Supreme Court of the
United States or Justices of the Circuit Courts to be
nominated by the President of the United States, and the other
three of whom (subject to the provisions of Article VIII)
shall be Judges of the British Supreme Court of Judicature or
Members of the Judicial Committee of the Privy Council to be
nominated by Her Britannic Majesty, whose award by a majority
of not less than five to one shall be final. In case of an
award made by less than the prescribed majority, the award
shall also be final unless either Power shall, within three
months after the award has been reported, protest that the
same is erroneous, in which case the award shall be of no
validity. In the event of an award made by less than the
prescribed majority and protested as above provided, or if the
members of the Arbitral Tribunal shall be equally divided,
there shall be no recourse to hostile measures of any
description until the mediation of one or more friendly Powers
has been invited by one or both of the High Contracting
Parties.
"ARTICLE VII.
Objections to the jurisdiction of an Arbitral Tribunal
constituted under this Treaty shall not be taken except as
provided in this Article. If before the close of the hearing
upon a claim submitted to an Arbitral Tribunal constituted
under Article III or Article V either of the High Contracting
Parties shall move such Tribunal to decide, and thereupon it
shall decide that the determination of such claim necessarily
involves the decision of a disputed question of principle of
grave general importance affecting the national rights of such
party as distinguished from the private rights whereof it is
merely the international representative, the jurisdiction of
such Arbitral Tribunal over such claim shall cease and the
same shall be dealt with by arbitration under Article VI.
"ARTICLE VIII.
In cases where the question involved is one which concerns a
particular State or Territory of the United States, it shall
be open to the President of the United States to appoint a
judicial officer of such State or Territory to be one of the
Arbitrators under Article III or Article V or Article VI. In
like manner in cases where the question involved is one which
concerns a British Colony or possession, it shall be open to
Her Britannic Majesty to appoint a judicial officer of such
Colony or possession to be one of the Arbitrators under
Article III or Article V or Article VI.
"ARTICLE IX.
Territorial claims in this Treaty shall include all claims to
territory and all claims involving questions of servitudes,
rights of navigation and of access, fisheries and all rights
and interests necessary to the control and enjoyment of the
territory claimed by either of the High Contracting Parties.
"ARTICLE X.
If in any case the nominating bodies designated in Articles
III and V shall fail to agree upon an Umpire in accordance
with the provisions of the said Articles, the Umpire shall be
appointed by His Majesty the King of Sweden and Norway. Either
of the High Contracting Parties, however, may at any time give
notice to the other that, by reason of material changes in
conditions as existing at the date of this Treaty, it is of
opinion that a substitute for His Majesty should be chosen
either for all cases to arise under the Treaty or for a
particular specified case already arisen, and thereupon the
High Contracting Parties shall at once proceed to agree upon
such substitute to act either in all cases to arise under the
Treaty or in the particular case specified as may be indicated
by said notice; provided, however, that such notice shall have
no effect upon an Arbitration already begun by the constitution
of an Arbitral Tribunal under Article III. The High
Contracting Parties shall also at once proceed to nominate a
substitute for His Majesty in the event that His Majesty shall
at any time notify them of his desire to be relieved from the
functions graciously accepted by him under this Treaty either
for all cases to arise thereunder or for any particular
specified case already arisen.
"ARTICLE XI.
In case of the death, absence or incapacity to serve of any
Arbitrator or Umpire, or in the event of any Arbitrator or
Umpire omitting or declining or ceasing to act as such,
another Arbitrator or Umpire shall be forthwith appointed in
his place and stead in the manner provided for with regard to
the original appointment.
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"ARTICLE XII.
Each Government shall pay its own agent and provide for the
proper remuneration of the counsel employed by it and of the
Arbitrators appointed by it and for the expense of preparing
and submitting its case to the Arbitral Tribunal. All other
expenses connected with any Arbitration shall be defrayed by
the two Governments in equal moieties. Provided, however,
that, if in any case the essential matter of difference
submitted to arbitration is the right of one of the High
Contracting Parties to receive disavowals of or apologies for
acts or defaults of the other not resulting in substantial
pecuniary injury, the Arbitral Tribunal finally disposing of
the said matter shall direct whether any of the expenses of
the successful party shall be borne by the unsuccessful party,
and if so to what extent.
"ARTICLE XIII.
The time and place of meeting of an Arbitral Tribunal and all
arrangements for the hearing and all questions of procedure
shall be decided by the Tribunal itself. Each Arbitral
Tribunal shall keep a correct record of its proceedings and
may appoint and employ all necessary officers and agents. The
decision of the Tribunal shall, if possible, be made within
three months from the close of the arguments on both sides. It
shall be made in writing and dated and shall be signed by the
Arbitrators who may assent to it. The decision shall be in
duplicate, one copy whereof shall be delivered to each of the
High Contracting Parties through their respective agents.
"ARTICLE XIV.
This Treaty shall remain in force for five years from the date
at which it shall come into operation, and further until the
expiration of twelve months after either of the High
Contracting Parties shall have given notice to the other of
its wish to terminate the same.
"ARTICLE XV.
The present Treaty shall be duly ratified by the President of
the United States of America, by and with the advice and
consent of the Senate thereof, and by Her Britannic Majesty;
and the mutual exchange of ratifications shall take place in
Washington or in London within six months of the date hereof
or earlier if possible."
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"On chinaware the rates of 1890 were restored. The duty on the
finer qualities which are chiefly imported had been lowered to
35 per cent. in 1894, and was now once more put at 60 per
cent. On glassware, also, the general ad-valorem rate, which
had been reduced to 35 per cent. in 1894, was again fixed at
45 per cent., as in 1890. Similarly the specific duties on the
cheaper grades of window-glass and plate-glass, which had been
lowered in 1894, were raised to the figures of 1890. … The metal
schedules in the act of 1897 showed in the main a striking
contrast with the textile schedules. Important advances of
duty were made on many textiles, and in some cases rates went
considerably higher even than those of 1890. But on most
metals, and especially on iron and steel, duties were left
very much as they had been in 1894. … On steel rails there was
even a slight reduction from the rate of 1894—$6.72 per ton
instead of $7.84. On coal there was a compromise rate. The
duty had been 75 cents a ton in 1890, and 40 cents in 1894; it
was now fixed at 67 cents. On the other hand, as to certain
manufactures of iron and steel farther advanced beyond the
crude stage, there was a return to rates very similar to those
of 1890. Thus, on pocket cutlery, razors, guns, we find once
more the system of combined ad-valorem and specific duties,
graded according to the value of the article. … Copper
remained on the free list, where it had been put in 1894. …
For good or ill the copper duty had worked out all its effects
years before. On the other hand, the duties on lead and on
lead ore went up to the point at which they stood in 1890.
Here we have once more the signs of concession to the silver
Republicans of the far West. … The duty on tin plate, a bone
of contention under the act of 1890, was disposed of, with
little debate, by the imposition of a comparatively moderate
duty. …
"A part of the act which aroused much public attention and
which had an important bearing on its financial yield was the
sugar schedule—the duties on sugar, raw and refined. … The act
of 1890 had admitted raw sugar free, while that of 1894 had
imposed a duty of 40 per cent. ad valorem. … The price of raw
sugar had maintained its downward tendency; and the duty of 40
per cent. had been equivalent in 1896 to less than one cent a
pound. In the act of 1897 the duty was made specific, and was
practically doubled. Beginning with a rate of one cent a pound
on sugar tested to contain 75 per cent., it advanced by stages
until on sugar testing 95 per cent. (the usual content of
commercial raw sugar) it reached 1.65 cents per pound. The
higher rate thus imposed was certain to yield a considerable
increase of revenue. Much was said also of the protection now
afforded to the beet sugar industry of the West. That
industry, however, was still of small dimensions and uncertain
future. … On refined sugar, the duty was made 1.95 cents per
pound, which, as compared with raw sugar testing 100 per
cent., left a protection for the domestic refiner,—i. e., for
the Sugar 'Trust,'—of 1/8 of one cent a pound. Some intricate
calculation would be necessary to make out whether this
'differential' for the refining interest was more or less than
in the act of 1894; but, having regard to the effect of the
substitution of specific for ad-valorem duties, the Trust was
no more favored by the act of 1897 than by its predecessor,
and even somewhat less favored. The changes which this part of
the tariff act underwent in the two Houses are not without
significance." In the bill passed by the House. "the so-called
differential, or protection to the refiners, was one-eighth of
a cent per pound. In the Senate there was an attempt at
serious amendment. The influence of the Sugar Trust in the
Senate had long been great. How secured, whether through party
contributions, entangling alliances, or coarse bribery, the
public could not know; but certainly great, as the course of
legislation in that body demonstrated." The Senate attempted