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The Chilean Ministry Of Education - 986 Words

Prior to the 1980s, the Chilean Ministry of Education was responsible for almost all aspects of the educational system, including, but not limited to, â€Å"contracting, paying salaries and supervising educational personnel, creating a curriculum and pedagogical methodologies, administrating the educational budget, [and] building and maintenance of infrastructure† (van der Wal 15). However, General Augusto Pinochet’s decentralization and privatization reforms handed over control of local schools to municipal governments, who were now in charge of everything except for the national curriculum, including negotiating individual contracts with teachers (Schiefel 6). Furthermore, Pinochet established â€Å"a voucher-type government subsidy available for use in both private and public municipal schools, which are distributed in numbers directly proportional to the size of a schools enrollment† (â€Å"The Failings†). As a result, when students changed schools, so did their money. Thus, schools were expected to compete for students because the government believed that parents would send their children to the best schools with the best teachers. This marketization of education was supposed to give citizens more control over their communities, weed out sub-par schools, and raise the quality of Chilean education (Schiefel 2). Pinochet’s reforms, however, had a different effect than was intended. Three types of schools formed: municipal schools, funded solely by local governments; privateShow MoreRelatedPrivatization Reform During Latin America769 Words   |  4 PagesConclusion Since the 1980s, transnational actors have disseminated ideas of education privatization throughout Latin America. Although by similar means, these policy ideas arrived at different historical moments at Chile and Argentina. Privatization ideas made its way in Chile carried by the influential Chicago boys, during the critical juncture of the authoritarian regime. The market-based reform served the interests of the military regime, and faced very little resistance given the repression andRead MoreCultural Analysis of Chile Essay2804 Words   |  12 Pagesto military coups, to Christian democratic ruling parties. Today, Chile is a strong democratic nation. The family is very important to Chileans; this is influenced largely by the mestizo way of living. The mestizos are very protective of the family since they live in small villages and lead life in a fashion that benefits all of society. The arts and education models are closely related to those of a European system. The country of Chile exists today as a republic that uses a Presidential systemRead MoreImplementation of Student Loan Asset-Backed Securitization in Malaysian Higher Education2318 Words   |  10 PagesIMPLEMENTATION OF STUDENT LOAN ASSET-BACKED SECURITIZATION IN MALAYSIAN HIGHER EDUCATION. (A STUDY CONDUCTED AT MALAYSIAN ECONOMY IN THE ASIA) Paper no.60 ABSTRACT The research is to investigate the alternative financing in Malaysian Higher Education by introducing student loan securities as a type of asset-backed securitization. It will analyse and consider possible effects in order to relieve the pressure currently imposed on the Government Budget. The aim of this research is to identifyRead MoreChile s Economic Freedom4108 Words   |  17 Pageswhich have been kept on records since 1980s, very much have a share in Chile’s growth and development. Chile to a certain extent has been successful in achieving good leadership roles and taking it to the path of stability as well as democracy. (Chilean Background, n.d.) Introduction ZAMBIA From the point of view of freedom of economy in Zambia, its score is 60.4 (2014 Index of Economic Freedom Chile, 2014). This makes Zambia a free economy at 88th position in the world index, which is slightlyRead MoreBourdieus Understanding the Power for Social Change1703 Words   |  7 Pagesgovernment, and even in some matters for the advancement of women and gender equity (Polgreen, Rother, 2006). Their origin is mainly urban, they come from affluent classes in a high percentage and usually have professional parents; they have a higher education that most of the people. Most of these women have developed different political experience in government positions or supporters (Lovenduski and Norris, 1997). I will begin with the case of Michele Bachelet, President of Chile. Once entering theRead More Immigration Essay2387 Words   |  10 Pagesfocal points from recent cases: In September, a Chilean family took shelter in a church basement in Saint John, New Brunswick, after their request for refugee status on compassionate grounds was denied. Marcela Roma, her spouse Elias Hurtado, and their two children, were on the run from Romas former husband, a Chilean police officer who threatened to kill the family. (Bourrie 1) Mohamad Sharif Karimzada, an refugee who had served in the foreign ministry of a previous Afghan regime, was ordered to leaveRead MoreGlobal Consumption Of Primary Energy5456 Words   |  22 Pagesdevelopment to especially remote areas by providing the essential energy. 7. Case Study: Carnegie Easter Island Easter Island is one of the most remote inhabited islands in the world. Politically belonging to Chile it is located 3500 km off the Chilean coast which makes a connection to the onshore electricity grid impossible. Being generally self-sustained through fishing and farming, the islander’s income depends mainly on tourism. Up until the day, electricity for the 5800 inhabitants is producedRead MoreFactors Affecting Financial Management Of Public Secondary Schools Essay9724 Words   |  39 PagesBursars/accounts clerk and principals agreed that they rarely involved parents, teachers and students during financial matters of the schools. There was a relationship (rho=0.27) between the government irregular auditing, barsars and accounts clerk education with poor financial status of the public secondary schools in Marani District. In conclusion, principals should allow bursars/account clerk to further their studies, government auditing should be regular. The study recommended that bursars/accountsRead MoreEdexcel Igcse Economics Answer49663 Words   |  199 Pagesto the highest bid made in the time period allowed. (d) The market system has two main functions. One is to determine the prices of goods and the other is to allocate the resources in an economy. Therefore B is the correct answer.  © Pearson Education Ltd 2010 1 Answers: Section A: The Market System (e) In any market, sellers will try to sell goods at the highest possible price. In complete contrast buyers will do the opposite. They will try to buy at the lowest price. However, if sellersRead MoreArticle: Performance Appraisal and Performance Management35812 Words   |  144 PagesAppraisal and performance Management, May 18, 2011, www.brighthub.com/office/human-resources/article/84772 Scort Snell and George Bohlander, Human Resource Management (Thomson South-Western, 2007). Gary Deessler, Human Resource Management (Pearson Education, 2008). Michael Armstrong, Human Resource Management Practice (Kogan Page Ltd. Landon and Philadelphia, 2006). S.K. Bhatia, Human Resource Management: A Competitive Advantage (Deep Deep Publication Pvt. Ltd, 2006). Mushin Lee and Byoungho Son,

George Washington’s Farewell Address Free Essays

George Washington and Thomas Jefferson were the first and the third presidents of the United States, respectively and both were established presidents in their own ways. In George Washington’s Farewell Address he advised Americans to not get entangled within foreign countries’ problems and conflicts and to not have everlasting alliances and treaties. Washington also did not like the idea of having diverse political parties, and he also stressed the magnitude of religion and morality. We will write a custom essay sample on George Washington’s Farewell Address or any similar topic only for you Order Now Thomas Jefferson, in his first Inaugural Address states that a superior government ill be able to permit its citizens to be well mannered, but at the same time let them organize themselves in what they desire to do. Jefferson also says that all principles will never change. Although they were both highly respected and regarded to as some of the greatest presidents in American history they didn’t always have the same opinions on what would be best for the growing nation. In his Farewell Address, George Washington mentions that Americans should mind American business and not be concerned with foreign conflicts because the United States had Just won a ery expensive war for their independence and already owed money to their new ally the French. This was a warning to all Americans because during that time America was still young, and it had many of its own problems to solve. Jefferson was also not in favor of getting involved with foreign entanglements. As Napoleon advanced into Europe, Jefferson decided to remain neutral in the conflict by banning all European trade from American Ports because of the British forces firing upon the Chesapeake. As harassment from Barbary pirates began to become an issue Washington was ersuaded to build up an American Navvy in order to protect those in harm and to retrieve the captured sailors. Thomas Jefferson’s approach to the pirates was a little different from Washington’s in that he chooses to implement a blockade of Tripoli and other Barbary ports in 1801; these actions forced him to reconsider his advocacy of budget cuts for the American navy. These actions then allowed the American naw to become respected by the rest of the world, because it proved that they wouldn’t be pushed around by anyone. Jefferson and Washington were both in favor of not etting involved in foreign entanglements as they showed through these actions and in their Addresses. George Washington specifically addressed the issue of diverse political parties. Washington thought political parties and political party dominance were very bad ideas. He wanted it to be about the best candidate being elected, not about two parties taking over and preventing all other parties from having an opportunity of being nominated. He said this because he believed it was dangerous to have power blocs arise from these different opinions. These different parties, the Democratic-Republicans and the Federalists were beginning to surface had different thought which in turn caused many heated debates and a lot of aggression towards the opposite parties. However Jefferson knew that political parties were necessary, he voiced the thought in this famous quote. Jefferson said that there is basically no way to escape the differing opinions and political parties in a successful and free nation, due to the nature of man to disagree and to form their own opinions on how they think the nation should be run. Jetterson and his close triend James Madison organized the Democratic-Republican Party. Jefferson and Washington both had different opinions on the subject of political parties, with Washington strongly disapproving of it and Jefferson being a founder of one of the political parties it is safe to say they didn’t share the same mindset on this topic. George Washington was instrumental in stressing the importance of morality and religion. In his Farewell Address Washington that through experience religious values in a government are important. This is referring to the successful European nations that have an established religion integrated into their government. Jefferson agreed hat religion was important for people to be able to express and to believe in freely, however Jefferson was very vocal in trying to solidify a position between the church and the state. He was himself a Christian man and placed several god-like statements in the Declaration of Independence. Washington disagreed with Jefferson on the separation of church and state however, they both agreed religion was important in the new nation. In both of their addresses they discussed the issues involving the new government such as the issue of making alliances with other nations or becoming involved in foreign entanglements. Both Washington and Jefferson agreed that for the nation to become successful they must keep away from any foreign affairs regarding the fact that the nation was still developing and if war was to occur it would leave them more susceptible to being taken over. Each of the highly regarded presidents discussed the formation of political parties. Washington thought that political parties would destroy the new system of government. Jefferson on the contrary knew that political parties were inevitable; he then went on, with another respected colleague James Madison, to create the Democratic-Republican Party. The subject of religion and morality was discussed greatly in this period of time. Washington believed that for the government to be successful religion must be involved in all of the important branches such as the court systems. Jefferson on the other hand wanted to create a â€Å"wall of separation between church and state. † Although both of the presidents were extremely instrumental in founding and establishing this great nation, they didn’t always agree with each other, which isn’t bad because to create a good story you must have all points of view. How to cite George Washington’s Farewell Address, Papers

An Analysis of the Cactus free essay sample

What would you do if you found no one is responsible of your bad luck but you? That was what O. Henry tries to pin down to the readers in his symbolic short story, The Cactus. Through meaningful words and dictions, O. Henry tells the bad luck of the main character, Trysdale, who does not know that it is actually himself who make it possible. The delineation of a prestige man who gradually lost his amount of fake accessory of pride leads to the end that Trysdale finds himself as a foolish man who pedantically let everything which should not be his becomes a weapon to kill himself. The main character’s fate reveals one of the consequents of being a conceited and infirm guy, also the prestige of knowing Spanish or foreign language in eighteen thousands. Through gradual revelation, O. Henry describes Trysdale’s character and behavior. The main thing that leads Trysdale’s fate becomes that bad is his habit of paraphrasing some Castillian proverbs from dictionaries. We will write a custom essay sample on An Analysis of the Cactus or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Perhaps knowing a little means that you know anything and it will make you looked more educated, that is what Trysdale trying to do. Unfortunately, he targeted wrong person, Carruthers. He who admires Trysdale’s fake knowledge and shows it off to a woman that brings Trysdale’s bad luck in the end. Even Trysdale himself cries over spilt milk of this unexpected luck as stated in 9th paragraph, â€Å"Now, Carruthers was an idiot. † and â€Å"Carruthers, who was one of his incontinent admirers, was the very man to have magnified this exhibition of doubtful erudition†. It also shows us that Trysdale admits how he is not that really know many things about the â€Å"Spanish scholarship† (paragraph 11). However, he cannot confess it after the woman makes a judgment about him. Why? He wants to build a prestige of his own image in the woman’s eyes, another Trysdale’s foolish act to go to his end of the story. With his fake face, Trysdale becomes more confident to confess his anxiety of the woman. She who is thinking Trysdale knows everything about Spanish, decided to answer it with more elegant way. She gives him a cactus! Then, what does it mean? Is she rejects Trysdale’s proposal? No, she tagged â€Å"Ventomarme† word on it; means â€Å"come and take me†. Instead of happy, Trysdale confused with that kind of reaction, and assume it as a â€Å"strange actus† only with a nametag. What a good ending will be if he knows the meaning should be. Even after the proposal and acceptance occurrence, there only a strange meeting between them. There is no such a romantic conversation, the woman is â€Å"adamant† (paragraph 12) as she waits for Trysdale’ Reaction. Even after â€Å"her cue† (paragraph 12), there is no important movement both of them, only confusion that make them drifted apart. No wonder if there is a big question in Trysdale’s head; â€Å"Where was his fault? Who had been to blame? (paragraph 12) since he doesn’t feel any mistake with him. Thus, all of Trysdale’s confusion is broke with a sudden question which enough to make his regret, that makes them become logic and rational. In the woman’s marriage, he still keeps his image. The question comes from an inscrutable conventional conversation with the woman’s brother who said the meaning of the word â€Å"Ventomarme†. Instead of showing Trysdale’s next reaction, O. Henry chooses to end the story here, where it is enough to build an aspect of a short story, deep impression for the reader. Trysdale experiences a bad luck, left by the woman he love, without knowing what actually his mistake. After suffering confusion for certain period, it revealed that the key is placed in Spanish nametag on a cactus, which she used to know as Trysdale’s ability. Thus, The Cactus by O. Henry besides conveys the consequence of being a conceited and infirm person; it also perfectly represents what men want from such a prestige of knowing a Spanish or foreign language in eighteen hundreds.

The United States Supreme Court Marbury v Madison

Introduction The case of Marbury v Madison 5 U.S 137 (1830) is one of the most notable cases in the United States. Over the years, scholars have presented varying views concerning the validity of judicial review as one of the roles of the Supreme Court and its effect on separation of powers between the judiciary and congress.Advertising We will write a custom essay sample on The United States Supreme Court: Marbury v Madison specifically for you for only $16.05 $11/page Learn More Justice Robert H. Jackson underscores the dilemma that the judicial review process creates by granting the judiciary power to nullify laws passed by the representative body of the government thus limiting the power of the majority to govern the country. On the other hand, judicial review provides an avenue through which the judiciary provides checks and balances for the legislature, thus ensuring adherence of laws to the constitution. Constitution makers in the United States ch oose the limited majority rule option as their preferred ideology. This paper explores arguments by Lawrence Baum and Timothy Johnson on the validity of this choice. The authors discuss issues regarding the decision making process in the Supreme Court and its effects on legislative policies. In my opinion, limited majority rule benefits all branches of government as well as the people that the institutions serve. It also ensures that members of congress enact policies that address the needs of the American society as opposed to personal needs of the lawmakers, thus making it the better option of the two choices as explained in this paper. Arguments in support of limited majority rule Lawrence Baum in his book, The supreme Court, explains that the one of the main issues generating controversy with regarding the role of the Supreme Court is the fact that the role grants the court the ability to nullify laws made by congress. In his defense of the implementation of judicial review, he draws attention to a distinction between the will of the majority in reference to the society and the will of the majority in reference to the members of the legislature. He states that most of the scholars who present opinions against judicial review often overlook the difference between the two concepts of the term majority in their analysis of situations. In his opinion, statutes that fail to comply with the constitutional provisions often represent the will of the majority in terms of members of the legislature and note with reference with the American people (Baum 32). He states further that in cases when the will of both the society and members of Congress is evident the Supreme Court often grants its support through its decisions.Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More However, during instances when it is evident that the will of the majority only represents the will of the r epresentatives of the people and not the people themselves, the judicial review creates a threshold where the courts can protect the interests of the American people by limiting the power of the majority (Baum 38). In the case of Marbury v Madison, the court gave its reason for dismissal of the petition as repugnancy of the statute, which provided the basis for the petition. In the case, President John Adams appointed William Marbury Justice of the Peace for the District of Columbia. It was the duty of the Secretary of State at the time, James Madison, to deliver the commission to Marbury. However, Madison refused to deliver the commission, thus prompting Marbury to petition to the Supreme Court seeking orders to force Madison to deliver the commission although the court found that Madison acted unlawfully by failing to deliver the commission, it ultimately ruled against Marbury. he court found that the provision of the Judiciary Act, under which Marbury had petitioned, was unconsti tutional as it extended the court’s original jurisdiction established under Article III of the constitution. The article established the judicial branch as well as powers the branch should exercise. The court dismissed the petition and explained that it had no obligation to abide by a statute made by Congress that made provisions contrary to those of the constitution. Chief Justice John Marshall found the provisions of the statute to be repugnant and thus inadmissible in determining the case. An analysis of the case with Baum’s argument on the entity constituting the majority reveals that judicial review in this case limited the rule of the members of Congress rather than the American people. Baum defends the limitation of majority rule in this case by stating that the court also plays the role of defending the integrity of the constitution as part of its implementation. According to Baum, the constitution forms the fundamental law that lays ground for the generation o f the rest of the laws in any society. In his analysis of the issue, he adds that the constitution represents the fundamental policies that define a society and govern its existence. Therefore, any other policies that fail to comply with the provisions of the constitution fail in their representation of the majority (Baum 60). In his perspective therefore, nullification of such statutes by courts results in the protection of the will of the people rather than its limitations. According to this justification, judicial review limits majority rule in instances when the majority is an entity other than the American public and is thus legitimate.Advertising We will write a custom essay sample on The United States Supreme Court: Marbury v Madison specifically for you for only $16.05 $11/page Learn More One of the arguments that lawmakers have advanced against this perspective of the majority rule is that the legislature acts as a representative entity of the people in government and therefore the statues it enacts represent the will of the people. Baum expounds that even though the legislature represents its electorates, the decisions individual members of Congress make are sometimes indicative of personal interests and go against the constitutional provisions. He insists that the court’s mandate regarding judicial review operates principally according to the constitutionality of a statute (Baum 65). Another argument that some scholars advance against the limitation of majority rule is that courts use judicial review to dictate laws and create opportunities for the creation of other laws favorable to the institution. This argument stems out of the premise that some of the methods that the judiciary uses to interpret statutes allow it to overstep its mandate and assume the power of the legislature. Such scholars note that one of the defenses the judiciary gives for such action is the absence of legislative provisions on some issue s and vagueness in others. They add that by limiting the majority rule, the courts encourage the persistence of such inadequacies and subsequently create an environment that allows them to ‘create’ laws through case law and manipulate the direction in which Congress creates laws. For instance Timothy Johnson, author of Oral Arguments and Decision Making in the United States Supreme Court, mentions the application of precedents as one of the methods judges of the Supreme Court apply when interpreting statutes and making decisions. He explains that the application of the principle of precedents in case law requires judges of the Supreme Court to consider decisions the court has made in the past, exhibiting similar facts under similar circumstances. In most cases, lawyers also use this principle to support their cases and make compelling arguments (Johnson 43). Although the argument bears some truth, it is critical to appreciate that judicial review seeks not to curtail th e ability of the legislature to make laws, but it only prevents the application of repugnant statutes due to their unconstitutionality. Johnson explains that even though the Supreme Court sometimes bases some of its decisions on case law, it collectively considers other factors including statutory law.Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More He adds that case law often serves to clear doubts regarding the application of certain statutory provisions in cases where the provisions bear more than one meaning (Johnson 52). Baum’s contribution regarding the use of case law in decision-making is that it creates some uniformity and eliminates the possibility of contradictory application of the law by the Supreme Court. In fact, the element of predictability in the application of case law makes the formulation of statutory laws easier as it allows lawmakers to spot gaps in legislative provisions and make appropriate changes, constitutionally. He emphasizes that the Supreme Court cannot make laws and thus relies on the input of Congress in rectifying statutory inadequacies (Baum 72). In cases where Congress fails to identify such gaps in legislation, the courts continue to use case law. It is also important to note that the inception of case law applicable as precedents always relies on existing laws. Any substantial alter ation in the statutory provisions on which such case law is founded elicits formulation of new case law, which incorporates the current changes. The old cases only serve to persuade the court on points of law. Conclusion It is worth noting that the judiciary’s power to nullify laws passed by Congress only runs to the extent of the unconstitutionality of such laws. This provision ensures that the judiciary also stays within its mandate and does not extend its mandate to include making laws through disapproval of laws that do not appeal to the institution’s interests. Although limitations of majority rule through judicial review lacks codification or universal acceptance, the application of the concept depends on the jurisdiction and regarding this case warrants acceptance in the United States. The power of judicial review exists in the American constitution as one of the roles of the judiciary, thus eliminating the need for elements such as international acceptance and statutory inclusion. In addition, the concept of separation of power requires each branch of government to keep the other in check to avoid misuse of power, and thus the legislature should not be an exception based on the simple view of its representation of the people. The limited majority rule is thus a valid and important concept with which all branches of the American government under the American constitution should comply, regardless of the arguments some scholars present against the idea. I chose the limited majority rule as my preferred option as the concept prevents the possibility of moral hazard and protects the interests of both the majority and the minority classifications of the populations that leaders represent. Works Cited Baum, Lawrence. The Supreme Court, Washington, DC: Congressional Quarterly Press, 2012. Print. Johnson, Timothy. Oral Arguments and Decision Making in the United States Supreme  Court, New York: State University of New York Press, 2011. Print. This essay on The United States Supreme Court: Marbury v Madison was written and submitted by user The Watchers to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Key Facts About the Battle of Gonzales

Key Facts About the Battle of Gonzales On October 2, 1835, rebellious Texans and Mexican soldiers clashed in the small town of Gonzales. This small skirmish would have much larger consequences, as it is considered to be the first battle of Texas War of Independence from Mexico. For this reason, the fight at Gonzales is sometimes called the Lexington of Texas, referring to the place which saw the first fighting of the American Revolutionary War. The battle resulted in one dead Mexican soldier but no other casualties. Prelude to Battle By late 1835 tensions between Anglo Texans - called Texians - and Mexican officials in Texas. The Texians were becoming more and more rebellious, defying rules, smuggling goods into and out of the region and generally disrespecting Mexican authority every chance they could. Thus, Mexican President Antonio Lopez de Santa Anna had given the order that the Texians be disarmed. Santa Annas brother-in-law, General Martà ­n Perfecto de Cos, was in Texas seeing that the order was carried out. The Cannon of Gonzales Some years previously, the people of the small town of Gonzales had requested a cannon for use in defense against Indian raids, and one had been provided for them. In September 1835, following orders from Cos, Colonel Domingo Ugartechea sent a handful of soldiers to Gonzales to retrieve the cannon. Tensions were high in the town, as a Mexican soldier had recently beaten up a citizen of Gonzales. The people of Gonzales angrily refused to return the cannon and even arrested the soldiers sent to retrieve it. Mexican Reinforcements Ugartechea then sent a force of some 100 dragoons (light cavalry) under the command of Lieutenant Francisco de Castaà ±eda to retrieve the cannon. A small Texian militia met them at the river near Gonzales and told them that the mayor (with whom Castaà ±eda wished to speak) was unavailable. The Mexicans were not allowed to pass into Gonzales. Castaà ±eda decided to wait and set up camp. A couple of days later, when told that armed Texian volunteers were flooding into Gonzales, Castaà ±eda moved his camp and continued to wait. The Battle of Gonzales The Texians were spoiling for a fight. By the end of September, there were some 140 armed rebels ready for action in Gonzales. They elected John Moore to lead them, awarding him the rank of Colonel. The Texians crossed the river and attacked the Mexican camp on the misty morning of October 2, 1835. The Texians even used the cannon in question during their attack, and flew a makeshift flag reading â€Å"Come and Take it.† Castaà ±eda hastily called for a cease-fire and asked Moore why they had attacked him. Moore replied that they were fighting for the cannon and the Mexican constitution of 1824, which had guaranteed rights for Texas but had since been replaced. The Aftermath of the Battle of Gonzales Castaà ±eda did not want a fight: he was under orders to avoid one if possible and may have sympathized with the Texans in terms of states rights. He retreated to San Antonio, having lost one man killed in action. The Texan rebels did not lose anyone, the worst injury being a broken nose suffered when a man fell off a horse. It was a short, insignificant battle, but it soon bloomed into something much more important. The blood spilled that October morning marked a point of no return for the rebellious Texians. Their victory in Gonzales meant that disgruntled frontiersmen and settlers all over Texas formed into active militias and took up arms against Mexico. Within a couple of weeks, all of Texas was up in arms and Stephen F. Austin had been named commander of all Texan forces. For the Mexicans, it was an insult to their national honor, a brazen challenge by rebellious citizens which needed to be put down immediately and decisively. As for the cannon, its fate is uncertain. Some say it was buried along a road not long after the battle. A cannon discovered in 1936 may be it and it is currently on display in Gonzales. It also may have gone to the Alamo, where it would have seen action in the legendary battle there: the Mexicans melted down some of the cannons they captured after the battle. The Battle of Gonzales is considered the first true battle of the Texas Revolution, which would continue through the legendary Battle of the Alamo and not be decided until the Battle of San Jacinto. Today, the battle is celebrated in the town of Gonzales, where there is an annual re-enactment and there are historical markers to show the various important locations of the battle. Sources Brands, H.W. Lone Star Nation: The Epic Story of the Battle for Texas Brands, H.W. Lone Star Nation: The Epic Story of the Battle for Texas Independence. Paperback, Reprint edition, Anchor, February 8, 2005. Henderson, Timothy J. A Glorious Defeat: Mexico and its War with the United States. 1st Edition, Hill and Wang, May 13, 2008.

Portfolio and Reflection Essay Example | Topics and Well Written Essays - 4000 words

Portfolio and Reflection - Essay Example It was a very good experience doing social work; it was different from the usual corporate sector and it gave me lot of opportunities to learn a lot. I gained knowledge about variety of tasks and explored myself about my strengths and weaknesses. My job title was Business Organizer which incorporated a variety of tasks of different types which are explained in this report. Motivation First of all, I would like to discuss about motivation and how this motivation works for a social work environment. If we go to theoretical background we will have a look about McGregor and Maslow’s work and I will apply it on a social work context. According to McGregor, in his theory X which he gave in his book in 1960, work is distasteful and people do it just for money and security, they can only work when being observed. On the other hand theory Y people are self motivated to learn and accept responsibility for work.(The Human Side of Enterprise, 1960).I found myself as theory Y worker who wa nts more participative kind of environment given to me at Hadfield. I applied for this job because I wanted to improve my employability skills and I wanted to gain experience. I wanted to know how I work even when my job is not clearly defined. My job was more like a record keeping an administrative job where I had to do tasks like photocopying and filing. Still I was able to satisfy my supervisor about my competencies and hard work. There was more participation from workforce and I got my communication skills improved The first couple of days were hectic for me as I did not know about the organization; I searched on internet about the rights and responsibilities of citizenship. But tasks included variety and depending on the need I had to do different tasks. At first I got confused about the administrative and recordkeeping work because my tasks kept on changing in first few days. But then I realized that jobs at higher levels are even more competitive so I decided to develop stami na of working for variety of tasks so that I could be able for higher jobs. I was given full chance of communicating my point of view and my ideas and the colleagues and supervisor treated me very nicely. There were certain things which I did not know about myself before the experience at Hadfield e.g. my tasks were not hard but required lot of determination and I found myself to be fairly responsible about the tasks given to me. I had never thought of using my creativity to problem solving to such an extent before. The supervisor tried to test my capability, and this proved very helpful for me because I discovered and explored my own capabilities. If motivation concept is seen with a different perspective we can take Maslow’s hierarchy. According to Maslow, in his hierarchy of motivation given in his research paper, different people have different level of needs which motivates them to work. Money and security needs are the lower level needs and when they are fulfilled, peop le earn to fulfill their higher order needs. At the stage of self actualization, a person derives his identity from work and he works because he is intrinsically motivated to work (A Theory of human Motivation, 1943). I found myself on the esteem needs of Maslow’s hierarchy. Self-Actualization Esteem Needs Social Needs Safety Needs Physiological Needs I have reached that point in my career where I started deriving my identity from my work. I worked for satisfying myself as social work gives me satisfaction. Context of social work is little bit different from the usual jobs, here money is not the motivator but inner self is. So the higher order needs are in some way related to social work. I applied for this job to gain experience and to improve my

International trade Essay Example | Topics and Well Written Essays - 1500 words - 2

International trade - Essay Example Tariffs and quotas allow domestic industry to reap more profits than it would do under free trade. Pertinently tariffs and quotas are fairly transparent, when compared to other forms of trade interventions (Kenen, 2000: 177). However, loss to the economy and society from the protection of tariffs and quotas is higher as the loss to the consumers exceeds the gain of the producer. According to the US Department of Labor, protectionism destroys eight jobs in general economy for every one saved in the protected economy (Miller and Elwood, 1998). Free trade, on the other hand, encourages nations to manufacture only those commodities in which they have specialization thus creating more and better job opportunities. Cross-national trade, thus, makes the rates of goods more competitive and allows goods to be shipped and traded internationally. Tariffs and quotas decrease the choice of goods for the consumers and raise the cost of doing business. Trade protectionism impedes economic growth, a nd its costs are far higher than its benefits. Apparent similarities apart, there are major conceptual and practical differences between quotas and tariffs. There is a general non-equivalence between tariffs and quotas. Quotas restrict the import of commodities, into the home country, in a given period of time. Through a quota, a country directly decreases the import of goods. It is a protectionist regime employed to benefit a few importers, and producers, of a particular commodity. Quota can also be referred to as the quantitative restriction on the import of goods. Kenen (2000:176) argues that quotas also provide an absolute limitation on the volume of imports. There can be a total ban of import of quantities exceeding the quota or they can be subject to a high duty rate. Transparency in the quota system is far less than that in tariff system. Normally, quotas are allocated without any

Business Policy and Strategic Management Essay Example | Topics and Well Written Essays - 250 words - 2

Business Policy and Strategic Management - Essay Example Starbucks will have to re-think the assumptions on which they based their pre-recession strategies: environmental and industry factors have changed. Strategic surveillance Starbucks follows a differentiation strategy where its basic aim is to produce a brand image within the eyes of its customer through the unique taste of coffee and the exclusivity of all its other products. Currently, Starbuck’s competitors are being favored by a global economy that is slowly recovering from a recession. How the effect of the recession will play out in the long run is difficult to project now, therefore Starbucks must increase its vigilance especially with regards to its day to day activities and their overall impact on its corporate strategy. Special alert control A special alert control is the thorough, and often rapid, reconsideration of the firm’s strategy because of a sudden, unexpected event (Pearce II and Robinson, â€Å"Chapter 13: Strategic Control† Slide 13-10). The economic and financial recession of 2008 greatly affected Starbuck’s key market segments in America and Europe. Surprisingly, the Asian markets were fairly more stable and have continued to grow.

Movements to Develop Equality

Movements to Develop Equality Irving Kristol explained it best when he said, â€Å"Democracy and socialism have nothing in common but one word, equality. But notice the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude† (SearchQuotes). The government wants America to be a dystopian society similar to that found in Harrison Bergeron, so that the officials will have complete management over Americans. The government does this by the ever-changing meaning of words over time to suit their desires. Additionally, they also do this by convincing the folks that the whole of society is more vital than the individual. This control stays hidden and disguised as â€Å"equality† when it really is a type of socialism referred to as Marxism. Merriam-Webster outlines â€Å"Equality† as the quality or state of being equal: the quality or state of having the same rights, social status, etc. (Merriam-Webster). The government efforts to achieve economic equality include enhancing opportunities through tax policy, subsidized training and education, redistributing wealth or resources, and preferential treatment of those historically treated unequally (Merriam-Webster). This is stated as affirmative action and it was meant to counteract the lingering effects of generations of past discrimination (Merriam-Webster). â€Å"Sameness† is outlined by Merriam-Webster as the quality or state of being alike (Merriam-Webster). Sameness is additionally listed as a synonym of equality. Being â€Å"equal† has no similarity to being the â€Å"same†. To make everybody the â€Å"same† the government would need to either pull most of the folks up to a far better level, or push a number of folks all the way down to the common. This reeducation of society is the principle that Marx advocated. Marxism is defined as a theory and practice of socialism as well as the labor theory of value, dialectical materialism, the class struggle, and dictatorship of the proletariat until the establishment of a classless society (Merriam-Webster). In today’s society, one example remains shown in things like not keeping score in little league baseball games (House). They tend to take it even further and all of the kids get a reward at the end of the championship game, regardless of if they won or not (Geist). There is no distinction between the winning team’s trophy and the losing team’s trophy because they say that they do not wish the kids to possess a reminder that they lost the big game (Geist). This is precisely what exists within the story Harrison Bergeron. The reeducation of society, that everybody is a winner, that no one person is better than anyone else is (Vonnegut). As an exa mple, the state imprisons Harrison, once he refuses to be re-educated (Vonnegut). Although his reeducation fails, the point and propose behind his reeducation was to brainwash him into thinking that he was no better than anyone else was (Vonnegut). This reeducation was in conjunction with the physical burdens placed upon him (Vonnegut). There is a contemporary movement referred to as the Ninety-Nine Percent (Wikipedia). The Occupy protesters expression, We are the 99%, asserts that the 99% pay for the mistakes of the 1% (Wikipedia). The One Percent being the rich folks in America. The ninety-nine are saying that it is not fair that some have more than others and that all assets and cash ought to be divided equally among all the individuals. This movement resulted in the proposal of the Buffet Rule. It was a part of a tax plan projected by President Barack Obama in 2011 (Wikipedia). The tax plan would apply a minimum rate of thirty percent on people making more than a million dollars a year (Wikipedia). According to a White House official, the new tax rate would directly affect 0.3 % of taxpayers (Wikipedia). Again, this harkens back to Marxism and Harrison Bergeron because it would cause class struggle and it would negatively influence job creation and investment. â€Å"Class warfare also known as class struggle is the tension or antagonism that exists in society because of competitive socioeconomic interests, needs, and desires between folks of various classes† (Wikipedia). In the story, everyone instructed not to compete as it results in greed and unbalance which nobody should have more than anyone else does. I mean-you dont compete with anybody around here. You just sit around. If I tried to get away with it, said George, then other peopled get away with it-and pretty soon wed be right back to the dark ages again, with everybody competing against everybody else. You wouldnt like that, would you? Id hate it, said Hazel. There you are, said George. The minute people start cheating on laws, what do you think happens to society? †¦ Reckon itd fall all apart, said Hazel. (http://www.tnellen.com/cybereng/harrison.html) Another book that shows this Marxist idea is Anthem, a dystopian fiction novella by Ayn Rand. Written in 1937, this novel is extremely similar in respects to Harrison Bergeron, having concepts completely different from those around them carries a death penalty. during this story by in this, Anthem is written as the diary of Equality 7-2521, a young man living in a future during which folks have lost all knowledge of individualism, to the extent of not even knowing words like I or mine. Everybody lives and works in collective groups, with all aspects of existence determined by councils. Once he is assigned to a menial job cleaning the streets, Equality 7-2521 rebels against collectivism by conducting secret research, that eventually leads him to re-create the electric-light bulb (Lawrence). Once he presents his discovery to the Council of scholars, they condemn him for daring to act as an individual and threaten to destroy his creation (Lawrence). He flees into the uncharted Forest, h is love, a woman referred to as Liberty 5-3000 joins him. They come across an ancient house, a relic of the unmentionable Times before collectivism. There they discover the lost language of the self. They rename themselves Prometheus and Gaea, and Prometheus vows to use his new information to create a society based on individual freedom (Lawrence). This can be somewhat shown in Harrison Bergeron once Harrison takes over the ballet and tries to point out the corruption of the handicapper General. Where the hero in Anthem succeeded, Harrison fails and is killed. Another novel that shows this same plan, The Giver is a futuristic science fiction novel set in a utopian society written by Lois Lowry. Within the community, there are no feelings, hunger, inequalities, and no pain. Everything and everybody is required to be â€Å"equal.† each family unit is uniform and prescribed consistently with the community leaders. Every member of the community has their profession assigned when they turn twelve and Jonas is to become the receiver of memory. While he is training with the Giver, he realizes the reality of the community he lives in. The folks of the community do not get to feel love, true happiness, or any of the nice qualities of life. On the opposite hand, they have eliminated pain, strife and therefore the impractical by converting to Sameness,† again the same underlying theme of making everybody equal by forcing them to be identical. Those who do not live up to the standards of this Utopian society are quickly released. Jonas la ter finds out that this release process is an equivalent to that of death (Jordan). He decides that it is up to him to return what freedom to the members of the community (Jordan). With the assistance of the Giver, Jonas escapes, with Gabe, from the community, in hopes to unleash all past memories back to the community. This memory release causes the community members to experience-unfelt feelings of pain, loss, famine, war, as well as human differences, love, and happiness. Social promotion is at the very core of this â€Å"sameness† technique of control. Kids that do not have any business moving on at school receive automatic promotion to the next grade (Wikipedia). This promotion is so that children do not have their feelings hurt, and their parents do not feel insulted. The administration says that it is enough that the student tried, that they participated, they did their best and what they do not understand this year will be tutored to them once more next year (Wikipedi a). Just like in Harrison Bergeron where the main goal is for everyone to be no better than anyone else can be as seen here, Only, if I was Handicapper General, you know what I would do? said Hazel. †¦ Id have chimes on Sunday-just chimes. Kind of in honor of religion. I could think, if it was just chimes, said George. Well-maybe make em real loud, said Hazel. I think Id make a good Handicapper General. Good as anybody else, said George. Who knows better than I do what normal is? said Hazel (Vonnegut). Some schools in today’s world think this is healthy to tell children that it is ok if they do not win. Even better, do not attempt to be the best; simply attempt â€Å"your best†. Again, more wording from the book simply do â€Å"your best† that is all anyone can ever do. The television program was suddenly interrupted for a news bulletin†¦ For about half a minute, the announcer tried to say, Ladies and Gentlemen. He finally gave up, handed the bulletin to a ballerina to read. Thats all right- Hazel said of the announcer, he tried. That is the big thing. He tried to do the best he could with what God gave him. He should get a nice raise for trying so hard† (Vonnegut). With this is mind, one can see why Kurt Vonnegut’s Harrison Bergeron, Ayn Rand’s Anthem, and Lois Lowry’s The Giver, are to not be used as a road map to political success. These books are dire warnings to the folks of America. These books have be analyzed repeatedly and more and more connections to today’s government and society are found in their pages. With the meaning of words ever-changing, depending on what political cluster uses them and therefore the collective being told that the entire of society is more vital than the singular; one can see why the government is getting away with this socialist reign. The United States government needs this precise variety of thinking, this kind of control, to keep the voters complacent just like the â€Å"same† sheep that they are turning into already. A scaling tax to penalize hard work to show the futility of being greedy and wanting more. Welfare to take from the rich and give to the poor to make it fai r. Mandatory health care is not the free medical benefit that the government glorified it to be at the beginning. It has created the impoverished more dependent upon the government for subsides within which they use to pay for their necessities. The government is dumbing down America and stringing them along when it involves getting the necessities required to survive. Society is permitting this to happen without realizing it is happening. These authors are attempting to offer a warning to the folks. To notice the corruption and greed, to stand up and say that enough is enough. Although just like the stories they write, anyone that goes against the government is discredited and unheeded. Which ensures that things continue the way they are and therefore the government stays in power. Works Cited Equality.Merriam-Webster.com. Merriam-Webster, n.d. Web. 26 Nov. 2014. http://www.merriam-webster.com/dictionary/equality Affirmative Action.Merriam-Webster.com. Merriam-Webster, n.d. Web. 26 Nov. 2014. http://www.merriam-webster.com/dictionary/affirmative action Marxism.Merriam-Webster.com. Merriam-Webster, n.d. Web. 26 Nov. 2014. http://www.merriam-webster.com/dictionary/Marxism Sameness.Merriam-Webster.com. Merriam-Webster, n.d. Web. 26 Nov. 2014. http://www.merriam-webster.com/dictionary/sameness Geist, William.Little League Confidential: One Coachs Completely Unauthorized Tale of Survival. New York: Macmillan; 1992. 203-204. Print. Trimmer, Joseph F. Harrison Bergeron.The Riverside Reader. Eighth ed. Boston: Houghton Mifflin, 2005. 559-566. Print. Lowry, Lois.The Giver. Boston: Houghton Mifflin, 2012. Print. Rand, Ayn.Anthem. Caldwell, Idaho: Caxton Printers, 1988. Print. House, Hill. Rules for T-Ball, AA, and AAA Baseball (n.d.): N.P. Hill House, 21 Apr. 2013. Web. 26 Nov. 2014. http://www.hillhouseboston.org/Assets/Hill+House+Digital+Assets/Documents$!2c+PDFs/Tball$!2c+AA$!2c+AAA+Rules.pdf Lawrence, Richard. Summary of Anthem.Anthem Summary and Character Descriptions. Richard Lawrence, 31 Aug. 2009. Web. 26 Nov. 2014. http://www.noblesoul.com/orc/books/rand/anthem/summary.html#brief Jordan, Amy. The Giver.The Giver. Ernest Bond, n.d. Web. 26 Nov. 2014. http://faculty.salisbury.edu/~elbond/giver.htm#anchor2 Buffett Rule.Wikipedia. Wikimedia Foundation, Inc, n.d. Web. 26Nov.2014. We are the 99%.Wikipedia. Wikimedia Foundation, Inc, n.d. Web. 26Nov.2014. Class conflict. Wikipedia. Wikimedia Foundation, Inc, n.d. Web. 26 Nov. 2014. Occupy movement.Wikipedia. Wikimedia Foundation, Inc, n.d. Web. 26Nov.2014. SparkNotes: The Giver: Context.SparkNotes: Todays Most Popular Study Guides. N.p., n.d. Web. 26Nov.2014. Democracy Quotes. Socrates Democracy Quotes. N.p., n.d. Web. 28 Nov. 2014. http://www.searchquotes.com/search/Socrates_Democracy/>. HARRISON BERGERON.Harrison Bergeron. (SearchQuotes) N.p., n.d. Web. 26 Nov. 2014. http://www.tnellen.com/cybereng/harrison.html>. Social Promotion. Wikipedia. Wikimedia Foundation, 25 Nov. 2014. Web. 28 Nov. 2014. http://en.wikipedia.org/wiki/Social_promotion>.

Short Story :: Free Essays

Short Story Joe stepped out of the revolving doors. His sigh could easily be identified as one of relief. The dreary London rain could be seen disturbing the image of the people on the other side of the road. People's breath could be seen in the cold air. Many people were hurrying down the street armed with umbrellas like they were defending against the invading rain. Joe put up his umbrella and joined the rest of London rushing down the streets. One guy could be seen running down the road cradling what looked like his only belongings in his arms. He was soaked to the skin with the rain his body visible through his wet shirt. He walked directly into Joe and his papers all fell to the floor. He immediately buckled to one knee to retrieve them. He looked up at Joe and stared at him for while with a look of recognition. He stared for a few extra seconds, then picked up his papers and began running again, leaving with so much as an apology. Joe continued walking down the street and for sum unknown reason he was unable to set his mind free of the image of the man that collided with him. Joe called in the newsagent and the lady behind the counter handed him his cigarettes, to which he placed the exact change on the counter, without a word exchanged between the two. He finally arrived at his block of flats; he walked up the four flights of stairs the walked to his room, 403. Rather than take a key out of his pocket Joe reached above the doorway and grabbed the key from there, he placed it into the lock, opened the door and returned the key to its home. He then switched the light on. The room was plain, simple and more than anything run down. There were only enough utilities for a persons basic needs. The walls were undecorated and damp marks were visible, there were three certificates on the wall, apart from that, they were

Legalizing Marijuana, An Ethical Perspective

In today’s society, many ethical concerns arise on a daily basis, especially when it comes to the topic of legalizing marijuana. Many individuals have relied on the fact that marijuana was illegal, when determining whether smoking it should be considered unethical.However, many studies have shown that the effects of marijuana are not as detrimental as they were once made out to be. Legalizing marijuana can be an extremely controversial topic because several people have strong beliefs concerning why it should not be legalized, while a significant amount of people have stronger arguments, as to why it should be legalized.When it comes to looking at the ethical standpoint of legalizing marijuana, everyone has a different interpretation as to why marijuana should or should not be legalized. This is because everyone’s sense of morals and values differ from one another.Legalizing marijuana for medicinal and recreational use would be beneficial for large amounts of people for many reasons. The theory of utilitarianism implies that the proper course of action should be the one, which benefits the greatest number of people.Many aspects of legalizing marijuana should be considered when determining if the benefits outweigh the risks. Several states have passed laws, which govern the use of marijuana for medicinal purposes. In fact, over twenty states, as well as the District of Columbia have enacted laws that govern the use of marijuana for medicinal purposes only. The increasing number of physicians implying that they would use marijuana medicinally for their patients shows that there are many benefits, which could derive from using the substance.A study conducted by American herbalist showed, â€Å"79. 5 percent of professional members stated that if there were not legal prohibitions they would use cannabis clinically† (Romm & Romm, 2010, p. 25).This study also implies that the top reasons for prescribing marijuana include appetite loss, cancer, pai n, glaucoma, insomnia, and it is also said that it helps with relaxation. Considering the increasing number of patients suffering from such diagnosis, the utilitarian approach shows that legalizing marijuana for medicinal purposes would benefit the greatest number of people.When considering the harmful and destructive nature of alcohol and tobacco, it is hard to interpret why and how these substances became legalized. While at the same time, people are curious as to how a substance, such as marijuana, that controversially could result in more advantages than disadvantages, has yet to become legal. Marijuana is significantly less destructive than alcohol and tobacco and is used to treat medical conditions. State legislatures have ignored the signs of potential advantages of legalizing marijuana for years.However, legislatures have previously legalized substances, including alcohol and tobacco, without the advantage of the substances advancing or improving medical care. Therefore, the main ethical argument against legalizing marijuana comes down to the fact that of the legalities governing it's use. The National Organization for the Reform of Marijuana Laws (NORML), is an organization that serves as an information center for issues concerning marijuana use and legalization. The NORML Organization also serves as the voice for American's opposing the current marijuana prohibition.This organization presents the fact that if people are using this substance for enjoyment, those people should not be subjected to civil penalties or criminal injustices. A recent government study has shown that over 14 million American's use marijuana on a regular basis, despite legalities (NORML, 1996, para. 1). The NORML organization has compiled a list of principles of responsible use, which could reduce the amount of ethical concerns and legalities associated with using marijuana for recreational and medicinal purposes.One of which include the use of marijuana being restricted only t o adults. This is important because, just like alcohol and tobacco, it is unethical, immoral, and irresponsible to provide such substances to children.Another principle includes restrictions on driving while under the influence of marijuana. NORML stated, â€Å"Although cannabis is said by most experts to be safer than alcohol and many prescription drugs with motorists, responsible cannabis consumers never operate motor vehicles in an impaired condition† (NORML, 1996, para, 6). Therefore, the no driving principle is implied.These are two of the most significant principles presented by NORML. The next principle is described as set and setting. The NORML organization states, â€Å"The responsible cannabis user will carefully consider his/her set and setting, regulating use accordingly† (NORML, 1996, para. 7).Meaning, adults should be responsible enough, when using marijuana, to take into consideration several different aspects of one's life. For instance, it is important for marijuana users to consider his or her â€Å"set,† meaning the individual's attitude, personality, and experience.The term â€Å"setting† refers to an individual's physical and social condition or circumstances (NORML, 1996, para. 8). Therefore, individuals should consider and analyze a number of factors before choosing to smoke or just choosing to just say no. Two other principles presented by NORML include resisting abuse and respecting the rights of others. Therefore, individuals should steer clear of any sign of abuse and should not violate the rights of others when using marijuana.Decriminalizing marijuana would aid America's next generation in becoming more successful with the ability to prosper. By reducing the amount of young people being penalized and/or institutionalized for using or possessing marijuana, less lives will be destroyed as a result of the war on pot.Former President Jimmy Carter once said, â€Å"Penalties against drug use should not be mor e damaging to an individual than the use of the drug itself. Nowhere is this more clear than in the laws against the possession of marijuana in private for personal use† (NORML, 1996, para. 14).Therefore, even our former President considered legalizing marijuana to benefit the greatest number of people, due to the high volume of individual's lives being subjected to destruction as a result of using and/or possessing this substance. The former President also implied that the penalties governing drug use should not be more destructive than the actual drug itself. It has been proven and will continue to be proven throughout this paper, that there are ways to avoid possible ethical concerns raised in reference to legalizing marijuana.For instance, a recent study showed, â€Å" .  . . in the 16 states where medical marijuana is legal, there has been a drop of nearly 9% in traffic deaths since the laws took effect and a 5% drop in beer sales† (Crowe, 2012, para. 1). This st udy does not prove that driving while under the influence of marijuana is any less dangerous than driving while intoxicated. However, the results of the study do imply the fact that since alcohol is sold in bars and restaurants, it is more typical for higher rates of those driving drunk to have life threatening accidents than those under the influence of marijuana.Especially considering most marijuana users consume the substance in the privacy of their own homes. Whereas, individuals who choose to drink alcohol at a bar or restaurant, also choose to risk driving home while intoxicated. The author's of this study also imply that individual's driving while intoxicated are more likely to misjudge their perception and ability to drive, while those under the influence of marijuana typically tend to avoid taking risks on the road (Crowe, 2012, para. 11).However, individual's who choose to drive while impaired or intoxicated in any form are subject to being charged with driving under the i nfluence, which imposes severe penalties and will result in loosing driving privileges. Some may argue that marijuana is a gateway drug to harder drugs.However, the NORML Organization argues that, â€Å"For those minority of marijuana smokers who do graduate to harder substances, it is marijuana prohibition — which forces users to associate with the illicit drug black market — rather than the use of marijuana itself, that often serves as a doorway to the world of hard drugs† (NORML, 1996, para.  20).With that being said, it is not the use of marijuana that opens the doors for harder illicit drug use, it is being subjected to the underground market of marijuana that opens the doors for individuals to become familiar with other drugs. There are many ethical concerns when it comes to legalizing marijuana for recreational purposes. So far, two states have legalized marijuana for multiple reasons including medicinal purposes and recreational purposes.Washington and Colorado have implemented state laws governing the use of marijuana for recreational use. The Obama Administration and the Justice Department concluded in a recent announcement that federal agents will not intervene in Washington and Colorado’s new found marijuana laws and regulations as long as the states are, â€Å"preventing distribution to minors, stopping marijuana from being used as a cover for trafficking other drugs,  and enforcing laws against driving under the influence of drugs† (Dinan, 2013, para, 20).Therefore, as long as the states regulate the use and possession of marijuana, according to the previously stated guidelines, the federal government will not intervene with the state’s policies concerning the legalization of marijuana. The laws passed in Washington and Colorado are the first steps in the direction of decriminalizing marijuana.Those who are caught with an ounce of marijuana or less will not be subject to pay fines nor will they be ins titutionalized because citizens may legally possess anything less than an ounce. In recent years, the war on drugs has ruined thousands of young lives of those who were caught possessing or using marijuana. Decriminalizing anything less than an ounce of marijuana, when it is being used for recreational purposes, will ensure the judicial systems within the United States are reserved for more serious and/or violent crimes.The authors of Marijuana Legalization stated, â€Å"According to the FBI, there were 758,000 marijuana arrests nationwide in 2011, the vast majority for possession† (Sullum, 2013, para. 17). Therefore, most of the individuals who were arrested for marijuana in 2011 were actually arrested on possession charges, which most likely would not even be considered a crime in Washington or Colorado. Studies have shown that over fifty percent of American’s now believe marijuana should be legalized for recreational use because of the benefits outweighing the risks .Paul Armentano, the director of the National Organization for the Reform of Marijuana Laws recently stated, â€Å"Today, a majority of Americans espouse ending America's nearly century-long, failed experiment with cannabis prohibition and replacing it with a system of limited legalization and regulation† (PR Newswire, 2012, para. 5). By utilizing limited legalization and regulations on marijuana, less people would be put away for what would normally be considered a crime. In doing so, the future of many young people would be protected against being victims of the war against cannabis.From an ethical utilitarian perspective, it would be more beneficial for the greatest number of people, to legalize marijuana. Those who chose to possess and use marijuana are overcrowding prison systems and judicial systems within the United States. Implementing and utilizing methods of distributing marijuana, legally would decrease the amount of people being institutionalized for such crimes a nd could result in billions of dollars of tax revenue, which could strengthen the economy.The Seattle Times recently implied, â€Å"State financial experts estimate the new legalization could raise nearly $2 billion in tax revenue over the next five years, with the money going toward education, health care, substance abuse prevention and basic government services† (PR Newswire, 2012, para. 7). Herein lies, yet another ethical concept as to why marijuana should be legalized. An ethical egoist could argue that a person should have the right to use marijuana if that person sees using marijuana as being in his or her best interest.If not, the ethical egoist could argue that if that person does not see smoking marijuana as being in their best interest, they should not do it. No matter the direction the individual chooses to approach this situation, the ethical egoist would support the person’s right to make the determination for his or her self. Our textbook indicates, â₠¬Å"The egoist simply says that you should do what makes you happiest, or, again, maximizes your utility† (Mosser, 2010, sec. 1. 8, para. 22). With that being said, the utilitarian approach implies, the right thing to do is what benefits the largest number of people.However, the ethical egoist could possibly interpret, restricting one’s use of marijuana as being in his or her best interest. Based on the material presented and the information obtained while conducting research on the topic of legalizing marijuana, the logical notion would be to legalize marijuana. Having the ability to regulate and control the use and possession of marijuana among U. S. citizens, will provide the government with the ability to control its distribution Therefore, making availability to minors just as regulated and controlled as alcohol and tobacco, which would be in compliance with the Justice Department’s regulations.Almost half of our nation’s population previously voted to legalize marijuana. The government is beginning to realize, just like the use of alcohol and tobacco, the use of marijuana will continue legally or illegally. Legalizing marijuana for medicinal and recreational use would be beneficial for a significant amount of people for many reasons. Why not just develop regulations, apply taxes to it, and maintain control over it rather than continuing the â€Å"war on pot† which has failed tremendously over the years.

Addressing physicians’ autonomy and healthcare reimbursement Essays

Addressing physicians’ autonomy and healthcare reimbursement Essays Addressing physicians’ autonomy and healthcare reimbursement Paper Addressing physicians’ autonomy and healthcare reimbursement Paper Physicians face a lot of challenges, not only with the work that they do but also on the patients that they cater to. Furthermore, there is the principle of Autonomy which recognizes and caters to the individuals’ rights with regards to self determination. Such Autonomy of respect of the individuals’ rights as it is based highly on the respect that they are capable of creating informed resolutions or judgments most especially about personal matters. Over the past 50 years, the physicians’ autonomy had been increasing (Brown, p.3, 1992). The persistent increase in the physicians’ autonomy is usually caused by less-managed care. Such increase in the autonomy affects plans’ authorization requirements and accountability of physicians. Though in terms of the former, the increase is selective and relatively restricted to measures or actions with high rates of overuse. This in return, minimizes challenges but increase accountability for the physicians. Physicians would be held responsible for the efficiency and overall cost of the services they provide. To further understand such increase in the autonomy, understanding the desire of the physicians would be important. This includes the emergence of boutique practices, increase in hospital ownership by physicians, persistence of small practices, and others. Expanding Medicare coverage and increase in drug costs are some of the ways that affect autonomy. It is therefore necessary that physicians solidify or improve their autonomy when it comes to healthcare and PASP could assist physicians in doing this. Physicians who are potentially leaders and has excellent physician-patient relationships could be empowered through PASP. Due to the continuous increase in healthcare cost, the employers set limits on the reimbursement rates for the physicians. Covered expenses under the reimbursement of healthcare include health insurance premiums for current and retired physicians and qualified long-term care premium. Reimbursement and the covered expenses under it make the physician practice over the past 50 years to have reduced costs and let physicians provide an affordable quality health care in the long term. The PASP would be considerate and reasonable enough to set standards on reimbursement which are fair and sensible. The PASP aims to provide quality healthcare services while taking care of the benefits of its physicians. References Physician Autonomy. (2005, March 31, 2005).  Ã‚   Retrieved October 7, 2007, from http://ea.acponline.org/physicians/PA.html Coverage Plus Health Reimbursement Arrangement. (2007, September 17, 2007).  Ã‚   Retrieved October 7, 2007, from priorityhealth.com/corporate/products/hra Brown, M. (1992). Physicians and Management in Health Care. USA: Aspen Publishers, Inc.

The eNotes Blog 5 Times King Lear Had Some (Surprisingly) GoodAdvice

5 Times King Lear Had Some (Surprisingly) GoodAdvice There’s no putting it lightly: Shakespeare’s King Lear contains so much tragedy that it gives Game of Thrones a run for its money. The play is brimming with family betrayal, loss, and struggles for status, wealth, and power that drive characters into utter madness. But if the tragedy of King Lear were nothing more than meaningless, chaotic mayhem, there’s no way it could have persisted for centuries as one of the most culturally significant Shakespearean tragedies. I probably dont need this spoiler warning, but just in case: Warning! Spoilers! I don’t think many would disagree that King Lear is a serious contender for the â€Å"Worst Dad Ever† award. At his worst, Lear is a textbook narcissist obsessed with flattery and guilty of some very poor social, political, and parental decision-making (with disastrous consequences). But for all his flaws, Lear actually drops some (surprisingly) profound knowledge throughout the play regarding love, loss, loyalty, nature, regret, madness, grief, sorrow humanity, and the importance of family. Although Lear eventually descends into madness, the insight he gains from his loss actually makes him seem at times more sane than other characters. (cough Edmund, Goneril, and Regan, cough.) So, lets look at five times that Lear offered us some rather solid, if unconventional, advice: 1. Be Humble Let’s face it, we often forget that we are tiny, transient specks in a huge world that doesn’t always have our best interests at heart. But before we have an existential crisis, let’s consider that this humble reminder doesn’t have to be sad or upsetting. In fact, remembering that our current emotions, worries, and problems (though certainly valid) are temporary and somewhat small in the grand scheme of things, can be kind of comforting. Lear learns this lesson early on, reflecting that nature, animals, and humans are really not all that different: Allow not nature more than nature needs/ Man’s life as cheap as beast’s - act 2, scene 4 Lear points out, in a surprisingly philosophical critique of society, that an elevated sense of self-importance can lead to a lack of compassion for those who are suffering- and often, to a desire for power. Goneril and Regan could have definitely listened to this â€Å"dad wisdom.† Stay humble, my friends. 2. Beauty Is in the Eye of the Beholder My own father almost lost his breath repeating phrases like this to me. To say that â€Å"beauty is in the eye of the beholder† is almost too cliched, but the idea persists largely because of its truth. Likewise, King Lear shares this bit of advice with the world: The art of our necessities is strange/ And can make vile things precious- act 3, scene 2 Nice things are, well, nice. But when we are truly desperate, things that we might have previously thought to be ordinary or shabby seem much nicer than before. The moral of the story here: Looks are not always what they seem, so don’t jump to conclusions (which Lear really would have benefited from learning earlier on). 3. Don’t Be Greedy, Be Grateful Similar to the lesson in humility, Lear teaches us to be grateful and not greedy. When Lear’s â€Å"pelican daughters† (that is, â€Å"ungrateful daughters†) throw him out into the storm, Lear says: Take physic, pomp, Expose thyself to feel what wretches feel- act 3, scene 4 Or in other words: â€Å"Pompous men, take a taste of your own medicine.† Lear basically means that getting caught up in a quest for wealth, prestige, or prosperity makes us blind to those in need. Greed manifests itself in some very harmful ways in King Lear and in the real world. If we have a sense of gratitude for the abundance we do have, we can help avoid this. Thanks for another helpful dad lesson, Lear! 4. Admit Your Mistakes, and Learn From Them We all make mistakes- although let’s all hope to never end up in this kind of Shakespearean disaster. However, what’s important is that we learn from these mistakes, apologize to those we’ve wronged, and try to do better in the future. Lear makes some calamitous mistakes: he harms his family and the social and political order. But, he does admit his wrongs and gains a lot of insight from them. Toward the end of the play, he says to Cordelia, his youngest daughter, whom he wronged despite her loyalty: You must bear with me. / Pray you now, forget and forgive.- act 4, scene 7 Better late than never, I guess. But a lot sooner sure would have been better. 5. Appreciate the Little Things Ok, we know life can be chaotic and painful, and there is definitely no shortage of this reminder in King Lear. As Lear showed us in act 3, we can hurt one another deeply (sometimes unintentionally) in our endless desire for more and more (money, power, stuff, etc.). If there’s another thing to take from Lear’s experiences, it’s that we must learn to enjoy the little things: And take upon’s the mystery of things, / As if we were God’s spies- act 5, scene 3 In other words: There are many precious and beautiful things in the world, if only we decide to start looking into the â€Å"mystery of things.† In his last bit of advice, Lear reminds us not to underestimate the little things. They might be some of the last memories we have of others. Reaches for tissues. Whew, ok. That was quite an emotional roller coaster through a tragedy that certainly no one would call â€Å"uplifting.† But, we’ve definitely found some wisdom in here that not only reminds us why King Lear endures as a classic, but that’ll hopefully better us by having read it.

General Journal Entries, Ledger Accounts, Trial Balance, Income Assignment

General Journal Entries, Ledger Accounts, Trial Balance, Income Statement, Statement of Owners Equity and Balance Sheet (Case of Amal Translation) - Assignment Example In simple definition, General journal is a statement where double entry bookkeeping are posted by debiting an accouting followed by a corresponding crediting of another accounting using the same amount (Carl, James and Jonathan, 2008). Both debited and credited amount should be equal to maintain the accounting equation. Based on the available accounting information system, an organization may use specialized journal alongside the generalized journal entries in order to have an effective record keeping system. In this case, the application of a general journal entries can be limited to adjustments, as well as, in non routine entries. Below is a computed General Journal Entrues for various transaction of the Amal Translation.... 00          Translation Fee Earned    24,000 14-Sep Rental Expense    2100          Account Payable    2100 16-Sep Cash    48,000          Unearned Fees    48,000 20-Sep Wage Expense    4800          Cash    4800 25-Sep Cash    60,000          Account Receivable    60,000 27-Sep Account Payable    7,900          Cash    79,000 28-Sep Repairs Expense    250          Cash    250 29-Sep Amal's Drawing    4960          Cash    4960 29-Sep Note Payable    20,000          Cash    20,000 30-Sep Wage Expense    4800          Cash    4800 30-Sep Advertising Expense    6600          Cash    6600 2.0 Opening Ledger Accounts Leger Accounts Ledger account is the second entry point of business transaction into the company’s accounting system. Accounting information contained in the ledger account relates to daily transactions of the business. It collects all credits and debts that rel ates to the account head within a single space. In this respect, credit and debit entries are two naturally opposing actions. In real practice, the amount use in the transaction off sets against one another. Whatever remain is the balance or the difference after the set off. This difference is referred to as ledger account balance. Ledger balancing is the process of calculating the balances of ledger accounts. Irrespective of the number of credit or debit ledger accounts available, the balance is calculated by setting off total debits of the company against the total credits. The differece between the two sums gives the ledger account balance. When setting off, the assumption made is that greater sum is set off from the smaller sum. The following equations summarizes the interpretation of ledger account balance. (Total debit- Total Credit): Applicable in case debit amount is greater. (Total credit-

Business Plan - Major Assignment Essay Example | Topics and Well Written Essays - 1750 words

Business Plan - Major Assignment - Essay Example The reason for picking this line of business was due to the nature of the service sector in returning profits on investment. However, the investment has to undergo intense planning in order to ensure that the factors that guided the operations and running of the restaurant will ensure returns on investment. The main reason of picking the Montclair region is due to the availability of a facility that the owner of the business inherited from their father. In effect, this facility shoulders some of the burden that comes with leasing property to conduct business. The company venture into this area due to the lack of another restaurant to offer two differentiated products at the same time. In this case, the restaurants, fast foods, and other franchises operating in this area operated along one segment without considering combining two segments in order to offer differentiated products. Company Profile This new company will be unique from any other restaurant in the area chosen to establis h the restaurant. In addition, the restaurant is going to be a sole proprietorship, which means that the owner will own the facility and be responsible of any profits and losses or profits that the business might incur. The idea to start the idea was born when the facility to establish the restaurant was offered to the owner by his father who operated a restaurant in the same location. Tentatively named, Eagle Group Restaurant, the restaurant will serve a dual service role in that it aims at providing families dining services as well as provide these families with an experience of intimacy. To achieve this, the restaurant will offer customers a diverse menu that will come along with portions that were generous at reasonable prices while adopting a Texan Midwestern theme. In order to recreate this theme, the restaurant will provide the dining area with a smaller unique menu that will continuously be changing depending on the season in time. The decor of the restaurant will include be ige colors, tubing made of black metal, and a fountain garden styling with the walls constructed of bricks. In order to ensure that the decor remained unique in nature, the restaurant will feature an entertainment platform that focused on live cooking for a section of the clientele. Mission Statement The mission of the company will be to aim at exceeding the expectations of a customer by providing the appropriate ambience for the perception of all their senses. In order to achieve this mission, the restaurant will ensure that the atmosphere was pleasing to their senses of touch, smell, sight, hearing, and tasting by being provided with an exciting environment that was creative in nature. In addition, the restaurant will train their employees and equip them with the exceptional skills for customer service that will ensure that they made decisions based on business philosophies. Market Research Montclair, New Jersey has recently witnessed an influx of restaurants with many of these re staurants being franchise operations such as the Acappello (Acappello). However, the industry appears to be stable, which indicates that there is room for growth in the future with the economy of the area set to be maintained

How does Tolstoy use his characters to show how materialism and social Essay

How does Tolstoy use his characters to show how materialism and social climbing depict an artificial, materialistic life - Essay Example He was educated and had a comfortable status in society. A judge in the high court in St.Petersbug, with a wife and family, he lives an ordinary life. Through out his life he never cared to reflect on the meaning of life. The humdrum nature of his career was more or less determined by the mechanical compliance to external compulsions of the values of a defunct society. In the smug satisfaction of the motorized perfection of life there lay a terrible pitfall. As Tolstoy puts it, his life was "most terrible and most ordinary and therefore most terrible." Tolstoy shows the readiness of Illyich to succeed in life, by spontaneous compromises of all principles of life, as the hallmark of contemporary ethos. This makes his hero ludicrous. He had the semblance of the typical reserved nature of a judge but in actual practice was very flexible, if it will augment his career: " There were services rendered to his chief and even to wife of his chief". The feverish pursuit for advancement without principles is a disintegrating force and only a spiritual realization can provide meaning as we prepare for the inevitable exit from this life. The shock comes in the form of the diagnosis of terminal condition of cancer.

Hospitality Management Essay Example for Free

Hospitality Management Essay In general, there are two approaches to research: Qualitative and Quantitative. Qualitative approaches are research that is carried out through interviews and observations. This kind of research enables a researcher to investigate in little more detail on the individual perceptions of a phenomenon. Since the research deals with the personal, therefore, such an investigation is limited in its scope. To be specific, in this paper, we would employ qualitative approaches to research. There are two approaches in qualitative research, interviews and observations, but in this paper we merely consider observations methods. By using this method, we enable a researcher to investigate and find out a phenomenon in much from individual perceptions. Moreover, observation becomes an important technique for collecting data concerning what occurs in a real-life situation. This method also helps us to reach an understanding about the perceptions of those who are being studied, in that situation. To be specific, we employ non-participant observation method especially by analyzing qualitative information from journals, books, magazines and many more. The reason we choose observation method is because it is an important research tool in which it allows us to observe other people in a natural setting or in a more artificial experimental situation. Moreover, by using observation method we can collect and gather data in natural settings concerning what is really going on in a real-life situation. The most important of conducting observation is it provides researchers with an understanding about the perceptions about things or people we observe. However, since observation deals with someone’s perception, we plan to avoid preconceptions since it would provide this research with some bias. Observation method we employ in this paper is non-participant observation. The reason we choose non-participant observation method is because this method allows us to observe people or organization in a natural setting or in a more artificial experimental situation. The method does not involve direct interviews which will slightly reduce objectivity and the accuracy of information. We are retrieving more reliable data from experts’ analysis, journals and various publications from available media. Using the data resources above, we are hoping to present an independent and objective analysis toward the contemporary issue. Furthermore, based on the non-participative observation method, we analyze three elements of hospitality industry especially related to accommodation: Revenue per Available Room (RevPAR), Rooms Supply, and Rooms Demand. The data used in the figure are composing 11 year span consisting the five years before and after the events. Conducting research about the impact of the 2010 Winter Olympic Games on the economy of Vancouver, first of all, it should follow the aims and objectives of topic as provided in the section above. This investigation will evaluate three key implications of conducting the 2010 Winter Olympics Games by mixing the economics and potential benefits that hospitality industry might obtain during the Games. All of them, however, will impact toward the long term economy growth in the study. The result of non-participant observation is not only the benefits that hospitality industry in Vancouver obtain but also perils of the shifting budget allocation from public services to the development of facilities to support the Games. The three implications that we conduct and explore in this paper are as following: 1. Attractiveness. We provide the findings whether the Olympic Games are attractive from a financial point of view like the euphoria of the sport supporters might be. In this manner, we will assess a substantial net cost to the public treasury that the British Columbia’s government should spending 2. Estimated economic impact. We provide justification on whether the British Columbia’s Government should decide to become the host in the 2010 Winter Olympic Games based in the estimated economic impacts. In this manner, like common evaluation of economy growth, we will provide assessment of the Games’ impact on the province where unemployment is high and see whether it is true that the Games will provide long-term additional employment opportunities. Or else the Games only provide temporary solution for high unemployment rate in the British Columbia and thus the effective subsidy per job would be very high 3. Supporting Justification. While the first two assessments are likely to provide the negative feedback for the British Columbia government in becoming the host of the 2010 Winter Olympic Games, this third evaluation is likely to provide potential justification, i. e. several benefits, for Columbians to become the hosts and spectators of the Games and users of the facilities they provide. However, this evaluation will answer whether the value of those benefits outweighs the cost and risks the Olympic Games provide. In other words, it means that government of British Columbia should decide and consider whether these Games’ benefits are higher priority than the government services or investment that would be displaced, or disposable income that would have to be taxed to pay the net cost of the Games. The method does not involve direct interviews which will slightly reduce objectivity and the accuracy of information. We are retrieving more reliable data from experts’ analysis, journals and various publications from available media. Using the data resources above, we are hoping to present an independent and objective analysis toward the contemporary issue. Therefore, only quantitative approach is not enough to provide comprehensive solution on the impact of the 2010 Winter Olympic Games on the economy of Vancouver. This is because this observation is limited in its scope. This is due to like other observation-type research paper; people would argue that the findings and claims we made on the relation between security and e-commerce cannot be generalized to other contexts. Bibliography â€Å"International Hospitality Management† 2005.University of Brighton. Retrieved May 24, 2005 from http://www. bton. ac. uk/ssm/Courses/Undergraduate/N221info. shtml Case, Karl E. , and Ray C. Fair. Principles of Economics. New Jersey: Prentice Hall, 1999 â€Å"Olympic Costs and Benefits. † Canadian Centre for Policy Alternatives BC Office. Retrieved May 24, 2005 from http://www. greenclub. bc. ca/English/Green_Club_Web/Participation_Record/Vancouver_Olympic/Costs_and_Benefits/costs_and_benefits. htm â€Å"Vancouver’s Lodging Industry: 2010 Olympic Impact. † Retrieved June 17, 2005 from http://www. hotel-online. com/News/PR2005_1st/Feb05_VancouverHost. html

Water Conflicts and Dispute Resolution

Water Conflicts and Dispute Resolution THE LARSON . KING SYMPOSIUM: WATER, CATALYST OF LIFE AND STRIFE: A THREAT TO SECURITY OR A VITAL OPPORTUNITY TO FOSTER COOPERATION?: ARTICLE: INTERNATIONAL JOINT COMMISSION: WATER CONFLICTS AND DISPUTE RESOLUTION SUMMARY: The process was created in 1909 and although it uses a bottom up approach to reach consensus, the real decision making is done by the two governments; the recommendations are made by nationally appointed commissioners, and the study groups are made up of technical experts from government and elected or appointed officials who make decisions in the traditional way, where public comment and citizen engagement is at best advisory in nature and not necessarily meaningful. Most recently, Lake Mead and Lake Lanier are two examples of the many pending conflicts that focus on competing water demands. Often these problems cause real conflicts because unanticipated changes in needs, disagreements regarding the costs and values inherent in the policy priorities, and dissatisfaction with the benefits received by some participants compared to the benefits obtained by other competitive interests. In most cases, the dispute resolution mechanisms are rather basic and include some form of consultatio n, facilitation, mediation and, in some limited cases, adjudication or arbitration. Waterways and Boundary Disputes Water and boundary disputes and international treaties are not new to the United States. He understood the importance of good relations between the United States and Canada, and he believed that one important aspect of that relationship was the eventual resolution of disputes arising under the Boundary Waters Treaty. Grey pressed Canadas leadership to appoint Commissioners to the newly established International Waterways Commissions; he encouraged Secretary of State Elihu Root to participate in discussions and negotiations with Canada, and to establish a formal ongoing mechanism for Canada and the U.S. to utilize for resolving boundary disputes. The participation process used by the IJC encourages participants to better understand boundary water disputes and issues. I. BACKGROUND Water is very special. It is needed for survival. The nature of water and its general availability is often taken for granted and only recently have industrialized nations of the world taken note of the potential problems water shortages might create for communities, businesses and governments. A supply of fresh water is not enough. There is a need for accessible, inexpensive, safe, and usable water. Emerging nations generally have a better understanding of the importance water plays in health, hygiene, education, agriculture, economic development, and peace. The United Nations estimates that by 2025 nearly 2.7 billion people will experience severe water scarcity, and contaminated water supplies will contribute to millions of deaths annually. n2 Approximately 1.1 billion people in the world lack adequate water and about 2.6 billion are without adequate sanitation. n3 In addition, only 1% of the worlds fresh water is usable. n4 The most apparent needs for water can be seen in India, China and Africa, but these examples are not isolated. India and Chinas skyrocketing economic growth have diverted old priorities and added new demands for significant amounts of additional water. n5 Other countries in South America, parts of Asia, Europe, and North America also reflect increasing demands for water. Population growth contributes to the rising demand for water, and the impact of world wide droughts caused by the changing environment has made parts of China and areas of Africa, Australia and the United States extremely vulnerable. Examples of dependence on dwindling water supplies are easily found. Declining levels of water in reservoirs, fresh water lakes and rivers are compounded by declining rainfall. n6 Similar situations can al so be found in the western and southeast areas of the United States. Changing population trends, such as movements from the Northeast and Midwest United States to Atlanta, Phoenix, Las Vegas and parts of California and Texas, contribute to the water shortage problem. Rising energy demands because of urban/suburban growth, legal decisions and [*595] continually increasing agricultural demands have also raised awareness and understanding of the importance of maintaining adequate water supplies, preserving high quality water reserves and managing the limited water supply as effectively as possible. n7 In addition, there has been an increased awareness of the interdependence communities and countries have toward one another regarding the preservation and use of fresh water; the development and protection of existing water basins and groundwater supplies; and the conservation practices and best practices relating to water management. Conflicts over water supplies are not new. In the United States, early conflicts arose over competing agricultural and mining uses; later, residents in the Southwest fought in state and federal courts as well as at the administrative agency level over the distribution of water from the Colorado River. Currently, Las Vegas is in several disputes regarding its need for water. The situation in Las Vegas invokes the problem demonstrated during the early 1900s, when Los Angeles acquired the water rights in the Owens Valley which left a wasteland of a former agricultural region. n8 Most recently, Lake Mead and Lake Lanier are two examples of the many pending conflicts that focus on competing water demands. n9 Current international examples of disputes over water usage and supplies can be found in conflicts arising in and around the Jordan, Saskatchewan and Rhone Rivers. n10 Other areas where concerns have arisen regarding the preservation of significant water supplies include the area surrounding the Guarani Aquifer, which covers an area greater than Great Britain, France and Spain, and provides a water source for more than twenty million people. n11 Another example is the general recognition of the ongoing problem of the Rio Grande or Rio Bravo that is a lifeline for millions of people in the southwestern United States and northern Mexico. The regions aquifers are being depleted from overuse, the new demands created by [*596] changes in the demographics, the rapid expansion of Maquiladoras and the increased demands for greater agricultural production. n12 Disputes over water among competing interests can be explained by its unique ability to provide a foundation for life and society. The finite nature of water can also explain water disputes at both the local and international level. Additional conflicts may, however, arise and become even more problematic as water becomes a commodity that is controlled by international corporations that can buy, sell and trade this product for their own advantage. Currently, about ten corporations control a large portion of the worlds water supply. They represent a $ 400 billion business and will eventually contribute significant national wealth for some countries and cause other water scarce countries to be dependent on, and even debtor nations to, those companies controlling the worlds fresh water. n13 Some experts have suggested that water and the demand for fresh water will be what oil was during the last century and the lack of fresh water may generate such an intense concern and political disco ntent that future wars might be fought over trans-border disputes involving water. n14 Many governments and companies have begun seeking ownership or control of existing and potential sources of fresh water. Some governments are planning and building dams and reservoirs to store needed water supplies even if such action might be detrimental to those down river from the projects, and other efforts have been undertaken to control ground water within a countrys boundaries. Recently, the Governor of New Mexico, a presidential candidate, suggested there was a need for a national water policy that would divert fresh water from existing sources to those states that had an inadequate water supply. The proposal was not well received by the leaders and people from states having adequate water reserves, and it died a quick and quiet demise. Several other overtures have occurred from both government and business interests seeking water resources from the upper Midwest and Canada; one proposal e ven suggested taking water from the Great Lakes by the tankful. n15 A. Water Policy Programs, Problems and Reports Recognition of the potential problems resulting from competing demands has created several responses. One response has been the Darwinian approach of self- survival or survival of the fittest (those who have the water control those who dont have water). A second approach attempts [*597] to create and manage water policies that coordinate competing demands such as residential, agricultural and commercial needs. Attempts are also made to balance rural, urban environmental and political demands. This second approach requires the use of various experts, community representation, research and a high degree of transparency regarding public decision making. The development of public policy requires the involvement of those with competing interests and values regarding water usage, accurate and dependable data from which options can be evaluated and decisions made, and finally community support based on increased awareness and individual buy-in of the policy choices or recommendations. The likelihood of policy failure or noncompliance with policy directives usually results from lack of accountability or involvement of the appropriate government agency or body, too little funding, failure to balance all interests, unclear rules or guidelines and inappropriate or ineffective dispute resolution mechanisms. n16 Specific problems that arise concerning development of water policy are data gaps, or incomplete information; the difficulty of reflecting real direct and indirect costs in pricing; improper management of water resources caused by failing to include all jurisdictions affected by the appropriate watershed; failure to enforce existing regulations or lack of enforceable rules; incomplete intergovernmental oversight of associated issues; and shortsightedness in policy related decision-making which fails to balance competing interests. n17 Often these problems cause real conflicts because unanticipated changes in needs, disagreements regarding the costs and values inherent in the policy priorities, and dissatisfaction with the benefits received by some participants compared to the benefits obtained by other competitive interests. Problems may also arise because political influence and pressures that alter the political landscape make compromise difficult or impossible. In some cases water policy problems may be alleviated by new funding sources, different rule interpretations, or recent judicial decisions. Other influences that remove or reduce related conflicts might be the introduction of new technology, changing market conditions, improved conservation practices or improved collaboration among the competing interest groups. n18 In order to respond to the real or potential problem, a well thought-out water policy should be followed. Successful implementation of water policy programs require, according to the International Joint Commission: 1) accountability based on predetermined obligations, 2) meeting performance standards, 3) accomplishing results based on the means and the agreed upon expectation. n19 The end result of increased accountability should be greater [*598] compliance with policy guidelines, greater collaboration, and cooperation between governmental bodies, NGOs and private interests. In order to insure successful compliance with water policy programs it is also essential that a monitoring system be established to investigate and evaluate the activities of the program and its ultimate success or value. A program of evaluation would include a system of measurements or indicators that establish conditions and goals to be accomplished. n20 In addition, a reporting process should be created that would address economic, political, social and technical issues in a credible timely and transparent manner. n21 A comprehensive monitoring system is not in itself sufficient, therefore it is necessary to develop an assessment process that periodically examines the submitted reports and seriously evaluates the policy plan and implementation and makes recommendations to modify, correct or amend the current program to satisfy needs, such as economic, social and political changes. A report should then be made available to the public and those impacted by the water policy. n22 The report should set out the policy objectives, goals and resources available in the implementation of the policy. It should also consider options and alternatives to the existing policy and an explanation as to why recommended actions were taken. This report should also consider the financial and environmental impact of the various actions. There might also be a report as to the number and types of conflict that have arisen in regard to the policy. Finally, the report and related documentation should be made available to the public. B. Policy Conflicts The issue of who will control the water supply raises a variety of questions that often create conflicts. Who can use the water supply, to whom does the water supply belong to and what rights attach to a particular body of water or the owner of that water? Other questions that arise regarding control of water may include: can water be a commodity and therefore be sold to the highest bidder without concern for personal needs; what is the impact on future generations, or what is the value of water to the general public? Can water be protected under the Public Trust Doctrine because it is, or can be argued that it is like air, a basic necessity of life? n23 If one uses the Commons argument, then almost any water supply that is managed by a governmental body for the benefit of the public could be included in the doctrine; however, if water is not treated as part of the [*599] Commons the survival of individuals in society may be threatened. The Commons argument relies on past judicial decisions interpreting property rights and property law. n24 Other conflicts may also arise in regard to the water supply. Environmental concerns, economic benefits, the equitable distribution of resources, public participation and partisan decision-making are only a few examples. As we examine the existing water policy dispute mechanisms, it will be important to remember that, because of the wide variety of problems, there may not be a single approach or method capable of resolving all water-related conflicts. Since water supplies have a regional or even greater impact, we should look to dispute mechanisms that encourage wide public participation, allow for public consensus among participants and which serve to educate and inform the public about water demand, water conservation techniques and current alternatives to water policy. Special attention should be given the dispute techniques used in international water conflicts between the United States and Canada, and the United States and Mexico. C. Water Policy Dispute Mechanisms Disputes over water have been reported since the beginning of recorded history. A war over a water-related issue occurred over 4,500 years ago, and during the last 1,200 years there have been about 3,600 water related international treaties. n25 Since 1870 there have been 145 treaties to manage water, of which 124 are bilateral and twenty-one are multilateral. n26 The principal focus of these agreements has been related to hydropower, but there are other agreements that concern themselves with water distribution for consumption, industrial usage, navigation, pollution and flood control. n27 Many of the treaties provide for exchange of data between the signatories of the treaty. This effort provides an opportunity for program administrators and technical experts to build relationships and interdependence within their working group. Some conditions of these water resource treaties include a formula or methodology for allocating water within the agreement or by the use of a board or governing body; the use of economic benefits for one or more of the treaty participants; recognition that the water resource is unique and must be given special consideration in determining the use and distribution of the water in question; and usually downstream participants are given clearer and more specific protection. n28 Treaty participants often negotiate a variety of non-water linkages in their [*600] agreements relating to political concessions, exchange of high quality useable water and access to capital and pollution control mechanisms. n29 Many of the international agreements, about 55%, provide for some form of monitoring process, and approximately 50% of the treaties provide for some form of dispute resolution process which could include an advisory council, a third neutral party or a designated organization such as the United Nations. n30 In most cases, the dispute resolution mechanisms are rather basic and include some form of consultation, facilitation, mediation and, in some limited cases, adjudication or arbitration. Historically, most water treaties established a hierarchy of uses when negotiating water agreements. Generally, navigation is given priority over other preferences, but today most agreements do not list the order of preferences. Instead, they indicate the options or alternative uses for the water. Usually the preference list would include: domestic and municipal uses, industrial uses, navigation, recreational uses, agricultural uses, and energy uses. n31 II. INTERNATIONAL APPROACHES TO ENVIRONMENTAL DISPUTES A. Permanent Court of Arbitration (PCA) When disputes arise over issues addressed in water-related treaties, the mechanism used in resolving the conflict is often an advisory board, an ad hoc or permanent commission, or a governmental body. These bodies have various levels of authority and frequently must have approval from a national or regional government before a decision can be implemented. Until recently there had been no unified forum to which states, NGOs, individual citizens and corporate or international groups could turn for resolution of their disputes. n32 The Permanent Court of Arbitration (PCA) may now, however, be used to resolve water disputes. When taken together, the PCA and the Optional Rules for Environmental Conflicts provide interested parties the opportunity to reach an agreement that is acceptable and capable of harmonizing the needs of diverse interests, cultures and values. n33 In addition, the PCA approach provides decision makers who are experienced in environmental matters, who understand the impact of these decisions on the environment and who need to maintain a high degree of confidentiality regarding national security [*601] issues and proprietary data with a process to produce decisions in a timely manner. n34 The PCA Options are tailored especially for environmental disputes and provide some useful features such as detailed rules for arbitration and conciliation, the use of environmental experts as witnesses, and a process that aids in the facilitation of disputes and the monitoring of any settlement agreement. n35 Currently, over ninety countries have adopted the PCA Environmental Arbitration and Concilia tion Rules and have contributed to improving the possibility of environmental disputes being settled more quickly and with greater participant satisfaction. n36 The PCA Environmental Rules fill a gap in the decision-making process for environmental disputes that had not been previously filled. The Rules reflect a broad international acceptance of at least two alternatives with defined rules which parties can use and be confident that they will be heard and given a fair hearing regarding their concerns. The Rules do not solve all the problems regarding environmental conflicts but they are a vast improvement over prior dispute mechanisms. The Rules now bring environmental dispute procedures more closely in line with dispute mechanisms found in, for example, investment treaties or the United Nations Commission on International Trade Law (UNCITRAL). n37 Conflicts regarding the distribution of existing water supplies between treaty participants and/or regarding the order of allocation of water among competing users eventually become a public dispute. Governmental bodies are part of every public dispute and because of their involvement, these disputes take on different characteristics than private conflicts. Generally speaking, the public nature of a dispute means public participation, greater transparency, and possible political pressure. Public disputes are, however, similar to private disputes in that the dispute resolution mechanisms available to parties in conflict are the basic alternative dispute resolution options or derivatives of these options. B. Dispute Mechanism Techniques The two most common dispute resolution techniques are arbitration and mediation. Arbitration or non-binding arbitration occurs when two disputants refer their conflict to a third party decision-maker known as the arbitrator, who will render a decision which will generally be final, or only advisory in [*602] non-binding arbitration. Usually arbitrations are the result of a prior contractual agreement, but arbitrations can also begin when the disputants agree to use the arbitration process to resolve a pending dispute. In arbitration or non-binding arbitration the parties select one or more arbitrators, who hear the case as presented by the representatives of the parties and then issue an award or advisory opinion. Most arbitration decisions cannot be appealed. Parties to an arbitration usually need to agree in advance to the arbitration format and the form of the arbitrators report. Arbitration provides parties with an opportunity to select an excellent ethical fact-finder, who will generate an impartial opinion. It avoids problems associated with litigation and creates a binding decision to be followed by the parties. Non-binding arbitration may be valuable because it could provide a speedy decision based on the recommendation of an expert. Parties may not want to use this type of arbitration if cost or timing is a problem. The arbitration process can often reduce conflicts between the parties and reduce the amount of discovery needed. Mediation is a facilitative process. Mediation is a rapidly growing technique that involves a neutral third party trained to assist the parties negotiating an agreement. The mediator has no independent authority and does not render a decision; any decision must be reached by the parties themselves. Another definition of mediation refers to mediation being an art and not a science, therefore, the process reflects many different and rich options for dispute settlement. n38 One set of authors say mediation is a process in which an impartial third party acts as a catalyst to help others constructively address and perhaps resolve, plan a transaction or define the contours of a relationship. n39 Finally, Kimberlee Kovach says mediation is the intervention into a dispute or negotiation by an acceptable, impartial and neutral third party who has no authoritative decision- making power to assist disputing parties in voluntarily reaching their own mutually acceptable settlement of issues in di spute. n40 The mediation process is simple. The initial stage begins with a preliminary review of the facts by the mediator. Mediation begins with an opening statement that describes the process and sets mutually agreeable ground rules. The second stage begins the fact-finding and is the time for the parties to present their case and to confront the issues. This is also the time when venting may occur between the parties. During this stage positions are presented, the interests of the parties are discovered and basic agreement on possible solutions might be aired. The next stage includes a discussion of proposed settlement options, and the mediator must generate movement toward settlement if the parties are at an impasse. The final stage is [*603] agreement between the parties and negotiating the terms of the settlement agreement. Mediation can be described as facilitative, evaluative or transformative. The facilitative method encourages a problem solving approach to dispute resolution. This method requires the mediator to encourage mutual discussion, exchange of information and creative ideas as to how the dispute might be solved. The facilitative method is designed to build consensus. It is quite flexible in the implementation of the process, and it is the least adversarial between the parties. The evaluative method is focused on the resolution of the dispute. The mediator hears the arguments and then attempts to encourage a particular solution between the parties by using his or her skills, knowledge and expertise. This form of mediation may develop into a shuttle diplomacy approach where the mediator moves back and forth between two rooms and the parties and their lawyers consider various proposals and counter proposals. The third method is a newer mediation approach known as transformative mediation. This method attempts to create a setting that will give the parties the opportunity to exercise their choice and to leave the final decision and responsibility of resolving their conflict to themselves. Healing, reconciliation and the making of a lasting agreement are left to the parties and their individual abilities. The mediator in this approach performs the function of a guide or advisor during the process. Mediation is useful and likely to be successful if the parties have had an ongoing relationship. If cost is an issue, then mediation is the least costly alternative. If one of the parties finds it necessary to express their emotions or if they get out of control during formal proceedings, then mediation is a workable solution. Mediation, because it is private and flexible, allows for the use of creative solutions and it may allow the parties to communicate more effectively with each other. Mediation can also be referred to as non-directive and directive mediation. Non- directive mediation describes how the mediators operate in regard to their attempts to influence the parties. In this model the mediator avoids making judgments, recommending options and questioning statements and arguments. A directive mediation oriented mediator would express opinions, make proposals, challenge values, question positions and attempt to steer the parties to his or her solution. Prior to most arbitration or mediation efforts there is a period of discussion, consultation or negotiation that frequently results in a dispute being resolved, troubling actions modified or sticking points settled. Often these methods are ad hoc, informal and unstructured. The process that precedes formal or structured procedures is known as negotiation. Negotiation, unlike arbitration or mediation, does not require the services of a third party neutral. Usually, the interested parties begin a conversation with one another when they believe there is a misunderstanding. Here they are seeking a benefit or improved situation [*604] when compared to their current position or where they try to avoid further escalation of the initial conflict. Negotiation is a conflict resolution technique that settles disagreement and seeks to avoid or prevent future disputes. Consultation may precede a structured negotiation and is frequently used in major contract disputes. Because of the dramatic growth of international trade and the development of the World Trade Organizations (WTO) four-part Dispute Settlement System, its use has increased greatly. Usually consultation is entered into voluntarily and is used to help the parties understand their dispute, how the parties see the issues, and to clarify the legal rights and claims of all parties. WTO records indicate that more than half of their cases are settled or abandoned during the consultation phase. n41 Consultation allows parties to modify their positions, change their understanding or to acquire new information that may influence their action or thinking. n42 Consultation is often voluntary but it may become obligatory if included as a contact clause or treaty requirement. Both negotiation and consultation are devices to encourage cooperation and their use, when mandated, functions as an anticipa tory action to avoid or prevent the use of formal or structured dispute settlement mechanisms that are more costly and time consuming. Another possibility when international treaties or conventions are involved and parties to a dispute are not able to reconcile their differences though negotiations is the use of the Good Offices of the governing body of the agreement. Generally, Good Offices means the office of the secretariat of the organization or body responsible for the implementation of the agreement. The use of Good Offices may be as simple as facilitating a conversation between the disputing parties or providing facilities for such a meeting. It may also include the provision of mediation or conciliation services or it may require the actual intervention by an international body. n43 The use of Good Offices has been a frequently used tool in international diplomacy and was integrated in the Hague Convention for the Pacific Settlement of International Disputes in 1907. More recently, similar language has been included in agreements creating the World Trade Organization and the Law of the Sea Convention. Disagreements at the international level often address issues and facts that the parties do not agree to or that they find nearly irreconcilable. When such an impasse occurs it is possible to seek the help of a board of inquiry or a fact-finding body commission to investigate and report findings [*605] related to the disagreement. The commission option was initially an ad hoc undertaking that was formalized in the 1899 Hague Convention for the Pacific Settlement of Disputes. n44 The early commissions were established to examine issues in dispute such as when the U.S. battleship Maine was sunk, when the Russian Fleet fired on British fishing vessels in 1904, and when an American woman was killed in a Chilean sponsored car bombing in the United States. n45 These commissions and board inquiries are less frequently used now because other ADR techniques are available and parties are comfortable using them. Conciliation is another ADR method used to resolve international disputes. This method is similar to both mediation and arbitration. Conciliation as a process has been used for about eighty-five years, and over 200 bilateral treaties and many multilateral agreements have language enabling disputants to use this alternative. n46 The idea of conciliation commissions, a combination of inquiry commissions and conciliation, were actually used as early as 1914 but the concept has not become a routine procedure in dispute resolution practice. n47 Conciliation requires a third party neutral to encourage the disputing parties to begin a dialogue with one another and to arrive at a mutually agreeable resolution process. It also requires the neutral to examine the circumstances surrounding the conflict and, after an independent inquiry, make a recommendation based upon the evidence and information that has been discovered during the process of fact finding. n48 The parties are not required to a ccept the recommendation. Conciliation resembles mediation in its facilitative, non- adversarial and non-binding aspects but it follows formalities more like arbitration, such as investigation, evaluation and decision-making. n49 Conciliation has been successful in the few cases where it has been tried, and it provides benefits to the parties because they can reject any recommendation if they desire. n50 In addition, Water Conflicts and Dispute Resolution Water Conflicts and Dispute Resolution THE LARSON . KING SYMPOSIUM: WATER, CATALYST OF LIFE AND STRIFE: A THREAT TO SECURITY OR A VITAL OPPORTUNITY TO FOSTER COOPERATION?: ARTICLE: INTERNATIONAL JOINT COMMISSION: WATER CONFLICTS AND DISPUTE RESOLUTION SUMMARY: The process was created in 1909 and although it uses a bottom up approach to reach consensus, the real decision making is done by the two governments; the recommendations are made by nationally appointed commissioners, and the study groups are made up of technical experts from government and elected or appointed officials who make decisions in the traditional way, where public comment and citizen engagement is at best advisory in nature and not necessarily meaningful. Most recently, Lake Mead and Lake Lanier are two examples of the many pending conflicts that focus on competing water demands. Often these problems cause real conflicts because unanticipated changes in needs, disagreements regarding the costs and values inherent in the policy priorities, and dissatisfaction with the benefits received by some participants compared to the benefits obtained by other competitive interests. In most cases, the dispute resolution mechanisms are rather basic and include some form of consultatio n, facilitation, mediation and, in some limited cases, adjudication or arbitration. Waterways and Boundary Disputes Water and boundary disputes and international treaties are not new to the United States. He understood the importance of good relations between the United States and Canada, and he believed that one important aspect of that relationship was the eventual resolution of disputes arising under the Boundary Waters Treaty. Grey pressed Canadas leadership to appoint Commissioners to the newly established International Waterways Commissions; he encouraged Secretary of State Elihu Root to participate in discussions and negotiations with Canada, and to establish a formal ongoing mechanism for Canada and the U.S. to utilize for resolving boundary disputes. The participation process used by the IJC encourages participants to better understand boundary water disputes and issues. I. BACKGROUND Water is very special. It is needed for survival. The nature of water and its general availability is often taken for granted and only recently have industrialized nations of the world taken note of the potential problems water shortages might create for communities, businesses and governments. A supply of fresh water is not enough. There is a need for accessible, inexpensive, safe, and usable water. Emerging nations generally have a better understanding of the importance water plays in health, hygiene, education, agriculture, economic development, and peace. The United Nations estimates that by 2025 nearly 2.7 billion people will experience severe water scarcity, and contaminated water supplies will contribute to millions of deaths annually. n2 Approximately 1.1 billion people in the world lack adequate water and about 2.6 billion are without adequate sanitation. n3 In addition, only 1% of the worlds fresh water is usable. n4 The most apparent needs for water can be seen in India, China and Africa, but these examples are not isolated. India and Chinas skyrocketing economic growth have diverted old priorities and added new demands for significant amounts of additional water. n5 Other countries in South America, parts of Asia, Europe, and North America also reflect increasing demands for water. Population growth contributes to the rising demand for water, and the impact of world wide droughts caused by the changing environment has made parts of China and areas of Africa, Australia and the United States extremely vulnerable. Examples of dependence on dwindling water supplies are easily found. Declining levels of water in reservoirs, fresh water lakes and rivers are compounded by declining rainfall. n6 Similar situations can al so be found in the western and southeast areas of the United States. Changing population trends, such as movements from the Northeast and Midwest United States to Atlanta, Phoenix, Las Vegas and parts of California and Texas, contribute to the water shortage problem. Rising energy demands because of urban/suburban growth, legal decisions and [*595] continually increasing agricultural demands have also raised awareness and understanding of the importance of maintaining adequate water supplies, preserving high quality water reserves and managing the limited water supply as effectively as possible. n7 In addition, there has been an increased awareness of the interdependence communities and countries have toward one another regarding the preservation and use of fresh water; the development and protection of existing water basins and groundwater supplies; and the conservation practices and best practices relating to water management. Conflicts over water supplies are not new. In the United States, early conflicts arose over competing agricultural and mining uses; later, residents in the Southwest fought in state and federal courts as well as at the administrative agency level over the distribution of water from the Colorado River. Currently, Las Vegas is in several disputes regarding its need for water. The situation in Las Vegas invokes the problem demonstrated during the early 1900s, when Los Angeles acquired the water rights in the Owens Valley which left a wasteland of a former agricultural region. n8 Most recently, Lake Mead and Lake Lanier are two examples of the many pending conflicts that focus on competing water demands. n9 Current international examples of disputes over water usage and supplies can be found in conflicts arising in and around the Jordan, Saskatchewan and Rhone Rivers. n10 Other areas where concerns have arisen regarding the preservation of significant water supplies include the area surrounding the Guarani Aquifer, which covers an area greater than Great Britain, France and Spain, and provides a water source for more than twenty million people. n11 Another example is the general recognition of the ongoing problem of the Rio Grande or Rio Bravo that is a lifeline for millions of people in the southwestern United States and northern Mexico. The regions aquifers are being depleted from overuse, the new demands created by [*596] changes in the demographics, the rapid expansion of Maquiladoras and the increased demands for greater agricultural production. n12 Disputes over water among competing interests can be explained by its unique ability to provide a foundation for life and society. The finite nature of water can also explain water disputes at both the local and international level. Additional conflicts may, however, arise and become even more problematic as water becomes a commodity that is controlled by international corporations that can buy, sell and trade this product for their own advantage. Currently, about ten corporations control a large portion of the worlds water supply. They represent a $ 400 billion business and will eventually contribute significant national wealth for some countries and cause other water scarce countries to be dependent on, and even debtor nations to, those companies controlling the worlds fresh water. n13 Some experts have suggested that water and the demand for fresh water will be what oil was during the last century and the lack of fresh water may generate such an intense concern and political disco ntent that future wars might be fought over trans-border disputes involving water. n14 Many governments and companies have begun seeking ownership or control of existing and potential sources of fresh water. Some governments are planning and building dams and reservoirs to store needed water supplies even if such action might be detrimental to those down river from the projects, and other efforts have been undertaken to control ground water within a countrys boundaries. Recently, the Governor of New Mexico, a presidential candidate, suggested there was a need for a national water policy that would divert fresh water from existing sources to those states that had an inadequate water supply. The proposal was not well received by the leaders and people from states having adequate water reserves, and it died a quick and quiet demise. Several other overtures have occurred from both government and business interests seeking water resources from the upper Midwest and Canada; one proposal e ven suggested taking water from the Great Lakes by the tankful. n15 A. Water Policy Programs, Problems and Reports Recognition of the potential problems resulting from competing demands has created several responses. One response has been the Darwinian approach of self- survival or survival of the fittest (those who have the water control those who dont have water). A second approach attempts [*597] to create and manage water policies that coordinate competing demands such as residential, agricultural and commercial needs. Attempts are also made to balance rural, urban environmental and political demands. This second approach requires the use of various experts, community representation, research and a high degree of transparency regarding public decision making. The development of public policy requires the involvement of those with competing interests and values regarding water usage, accurate and dependable data from which options can be evaluated and decisions made, and finally community support based on increased awareness and individual buy-in of the policy choices or recommendations. The likelihood of policy failure or noncompliance with policy directives usually results from lack of accountability or involvement of the appropriate government agency or body, too little funding, failure to balance all interests, unclear rules or guidelines and inappropriate or ineffective dispute resolution mechanisms. n16 Specific problems that arise concerning development of water policy are data gaps, or incomplete information; the difficulty of reflecting real direct and indirect costs in pricing; improper management of water resources caused by failing to include all jurisdictions affected by the appropriate watershed; failure to enforce existing regulations or lack of enforceable rules; incomplete intergovernmental oversight of associated issues; and shortsightedness in policy related decision-making which fails to balance competing interests. n17 Often these problems cause real conflicts because unanticipated changes in needs, disagreements regarding the costs and values inherent in the policy priorities, and dissatisfaction with the benefits received by some participants compared to the benefits obtained by other competitive interests. Problems may also arise because political influence and pressures that alter the political landscape make compromise difficult or impossible. In some cases water policy problems may be alleviated by new funding sources, different rule interpretations, or recent judicial decisions. Other influences that remove or reduce related conflicts might be the introduction of new technology, changing market conditions, improved conservation practices or improved collaboration among the competing interest groups. n18 In order to respond to the real or potential problem, a well thought-out water policy should be followed. Successful implementation of water policy programs require, according to the International Joint Commission: 1) accountability based on predetermined obligations, 2) meeting performance standards, 3) accomplishing results based on the means and the agreed upon expectation. n19 The end result of increased accountability should be greater [*598] compliance with policy guidelines, greater collaboration, and cooperation between governmental bodies, NGOs and private interests. In order to insure successful compliance with water policy programs it is also essential that a monitoring system be established to investigate and evaluate the activities of the program and its ultimate success or value. A program of evaluation would include a system of measurements or indicators that establish conditions and goals to be accomplished. n20 In addition, a reporting process should be created that would address economic, political, social and technical issues in a credible timely and transparent manner. n21 A comprehensive monitoring system is not in itself sufficient, therefore it is necessary to develop an assessment process that periodically examines the submitted reports and seriously evaluates the policy plan and implementation and makes recommendations to modify, correct or amend the current program to satisfy needs, such as economic, social and political changes. A report should then be made available to the public and those impacted by the water policy. n22 The report should set out the policy objectives, goals and resources available in the implementation of the policy. It should also consider options and alternatives to the existing policy and an explanation as to why recommended actions were taken. This report should also consider the financial and environmental impact of the various actions. There might also be a report as to the number and types of conflict that have arisen in regard to the policy. Finally, the report and related documentation should be made available to the public. B. Policy Conflicts The issue of who will control the water supply raises a variety of questions that often create conflicts. Who can use the water supply, to whom does the water supply belong to and what rights attach to a particular body of water or the owner of that water? Other questions that arise regarding control of water may include: can water be a commodity and therefore be sold to the highest bidder without concern for personal needs; what is the impact on future generations, or what is the value of water to the general public? Can water be protected under the Public Trust Doctrine because it is, or can be argued that it is like air, a basic necessity of life? n23 If one uses the Commons argument, then almost any water supply that is managed by a governmental body for the benefit of the public could be included in the doctrine; however, if water is not treated as part of the [*599] Commons the survival of individuals in society may be threatened. The Commons argument relies on past judicial decisions interpreting property rights and property law. n24 Other conflicts may also arise in regard to the water supply. Environmental concerns, economic benefits, the equitable distribution of resources, public participation and partisan decision-making are only a few examples. As we examine the existing water policy dispute mechanisms, it will be important to remember that, because of the wide variety of problems, there may not be a single approach or method capable of resolving all water-related conflicts. Since water supplies have a regional or even greater impact, we should look to dispute mechanisms that encourage wide public participation, allow for public consensus among participants and which serve to educate and inform the public about water demand, water conservation techniques and current alternatives to water policy. Special attention should be given the dispute techniques used in international water conflicts between the United States and Canada, and the United States and Mexico. C. Water Policy Dispute Mechanisms Disputes over water have been reported since the beginning of recorded history. A war over a water-related issue occurred over 4,500 years ago, and during the last 1,200 years there have been about 3,600 water related international treaties. n25 Since 1870 there have been 145 treaties to manage water, of which 124 are bilateral and twenty-one are multilateral. n26 The principal focus of these agreements has been related to hydropower, but there are other agreements that concern themselves with water distribution for consumption, industrial usage, navigation, pollution and flood control. n27 Many of the treaties provide for exchange of data between the signatories of the treaty. This effort provides an opportunity for program administrators and technical experts to build relationships and interdependence within their working group. Some conditions of these water resource treaties include a formula or methodology for allocating water within the agreement or by the use of a board or governing body; the use of economic benefits for one or more of the treaty participants; recognition that the water resource is unique and must be given special consideration in determining the use and distribution of the water in question; and usually downstream participants are given clearer and more specific protection. n28 Treaty participants often negotiate a variety of non-water linkages in their [*600] agreements relating to political concessions, exchange of high quality useable water and access to capital and pollution control mechanisms. n29 Many of the international agreements, about 55%, provide for some form of monitoring process, and approximately 50% of the treaties provide for some form of dispute resolution process which could include an advisory council, a third neutral party or a designated organization such as the United Nations. n30 In most cases, the dispute resolution mechanisms are rather basic and include some form of consultation, facilitation, mediation and, in some limited cases, adjudication or arbitration. Historically, most water treaties established a hierarchy of uses when negotiating water agreements. Generally, navigation is given priority over other preferences, but today most agreements do not list the order of preferences. Instead, they indicate the options or alternative uses for the water. Usually the preference list would include: domestic and municipal uses, industrial uses, navigation, recreational uses, agricultural uses, and energy uses. n31 II. INTERNATIONAL APPROACHES TO ENVIRONMENTAL DISPUTES A. Permanent Court of Arbitration (PCA) When disputes arise over issues addressed in water-related treaties, the mechanism used in resolving the conflict is often an advisory board, an ad hoc or permanent commission, or a governmental body. These bodies have various levels of authority and frequently must have approval from a national or regional government before a decision can be implemented. Until recently there had been no unified forum to which states, NGOs, individual citizens and corporate or international groups could turn for resolution of their disputes. n32 The Permanent Court of Arbitration (PCA) may now, however, be used to resolve water disputes. When taken together, the PCA and the Optional Rules for Environmental Conflicts provide interested parties the opportunity to reach an agreement that is acceptable and capable of harmonizing the needs of diverse interests, cultures and values. n33 In addition, the PCA approach provides decision makers who are experienced in environmental matters, who understand the impact of these decisions on the environment and who need to maintain a high degree of confidentiality regarding national security [*601] issues and proprietary data with a process to produce decisions in a timely manner. n34 The PCA Options are tailored especially for environmental disputes and provide some useful features such as detailed rules for arbitration and conciliation, the use of environmental experts as witnesses, and a process that aids in the facilitation of disputes and the monitoring of any settlement agreement. n35 Currently, over ninety countries have adopted the PCA Environmental Arbitration and Concilia tion Rules and have contributed to improving the possibility of environmental disputes being settled more quickly and with greater participant satisfaction. n36 The PCA Environmental Rules fill a gap in the decision-making process for environmental disputes that had not been previously filled. The Rules reflect a broad international acceptance of at least two alternatives with defined rules which parties can use and be confident that they will be heard and given a fair hearing regarding their concerns. The Rules do not solve all the problems regarding environmental conflicts but they are a vast improvement over prior dispute mechanisms. The Rules now bring environmental dispute procedures more closely in line with dispute mechanisms found in, for example, investment treaties or the United Nations Commission on International Trade Law (UNCITRAL). n37 Conflicts regarding the distribution of existing water supplies between treaty participants and/or regarding the order of allocation of water among competing users eventually become a public dispute. Governmental bodies are part of every public dispute and because of their involvement, these disputes take on different characteristics than private conflicts. Generally speaking, the public nature of a dispute means public participation, greater transparency, and possible political pressure. Public disputes are, however, similar to private disputes in that the dispute resolution mechanisms available to parties in conflict are the basic alternative dispute resolution options or derivatives of these options. B. Dispute Mechanism Techniques The two most common dispute resolution techniques are arbitration and mediation. Arbitration or non-binding arbitration occurs when two disputants refer their conflict to a third party decision-maker known as the arbitrator, who will render a decision which will generally be final, or only advisory in [*602] non-binding arbitration. Usually arbitrations are the result of a prior contractual agreement, but arbitrations can also begin when the disputants agree to use the arbitration process to resolve a pending dispute. In arbitration or non-binding arbitration the parties select one or more arbitrators, who hear the case as presented by the representatives of the parties and then issue an award or advisory opinion. Most arbitration decisions cannot be appealed. Parties to an arbitration usually need to agree in advance to the arbitration format and the form of the arbitrators report. Arbitration provides parties with an opportunity to select an excellent ethical fact-finder, who will generate an impartial opinion. It avoids problems associated with litigation and creates a binding decision to be followed by the parties. Non-binding arbitration may be valuable because it could provide a speedy decision based on the recommendation of an expert. Parties may not want to use this type of arbitration if cost or timing is a problem. The arbitration process can often reduce conflicts between the parties and reduce the amount of discovery needed. Mediation is a facilitative process. Mediation is a rapidly growing technique that involves a neutral third party trained to assist the parties negotiating an agreement. The mediator has no independent authority and does not render a decision; any decision must be reached by the parties themselves. Another definition of mediation refers to mediation being an art and not a science, therefore, the process reflects many different and rich options for dispute settlement. n38 One set of authors say mediation is a process in which an impartial third party acts as a catalyst to help others constructively address and perhaps resolve, plan a transaction or define the contours of a relationship. n39 Finally, Kimberlee Kovach says mediation is the intervention into a dispute or negotiation by an acceptable, impartial and neutral third party who has no authoritative decision- making power to assist disputing parties in voluntarily reaching their own mutually acceptable settlement of issues in di spute. n40 The mediation process is simple. The initial stage begins with a preliminary review of the facts by the mediator. Mediation begins with an opening statement that describes the process and sets mutually agreeable ground rules. The second stage begins the fact-finding and is the time for the parties to present their case and to confront the issues. This is also the time when venting may occur between the parties. During this stage positions are presented, the interests of the parties are discovered and basic agreement on possible solutions might be aired. The next stage includes a discussion of proposed settlement options, and the mediator must generate movement toward settlement if the parties are at an impasse. The final stage is [*603] agreement between the parties and negotiating the terms of the settlement agreement. Mediation can be described as facilitative, evaluative or transformative. The facilitative method encourages a problem solving approach to dispute resolution. This method requires the mediator to encourage mutual discussion, exchange of information and creative ideas as to how the dispute might be solved. The facilitative method is designed to build consensus. It is quite flexible in the implementation of the process, and it is the least adversarial between the parties. The evaluative method is focused on the resolution of the dispute. The mediator hears the arguments and then attempts to encourage a particular solution between the parties by using his or her skills, knowledge and expertise. This form of mediation may develop into a shuttle diplomacy approach where the mediator moves back and forth between two rooms and the parties and their lawyers consider various proposals and counter proposals. The third method is a newer mediation approach known as transformative mediation. This method attempts to create a setting that will give the parties the opportunity to exercise their choice and to leave the final decision and responsibility of resolving their conflict to themselves. Healing, reconciliation and the making of a lasting agreement are left to the parties and their individual abilities. The mediator in this approach performs the function of a guide or advisor during the process. Mediation is useful and likely to be successful if the parties have had an ongoing relationship. If cost is an issue, then mediation is the least costly alternative. If one of the parties finds it necessary to express their emotions or if they get out of control during formal proceedings, then mediation is a workable solution. Mediation, because it is private and flexible, allows for the use of creative solutions and it may allow the parties to communicate more effectively with each other. Mediation can also be referred to as non-directive and directive mediation. Non- directive mediation describes how the mediators operate in regard to their attempts to influence the parties. In this model the mediator avoids making judgments, recommending options and questioning statements and arguments. A directive mediation oriented mediator would express opinions, make proposals, challenge values, question positions and attempt to steer the parties to his or her solution. Prior to most arbitration or mediation efforts there is a period of discussion, consultation or negotiation that frequently results in a dispute being resolved, troubling actions modified or sticking points settled. Often these methods are ad hoc, informal and unstructured. The process that precedes formal or structured procedures is known as negotiation. Negotiation, unlike arbitration or mediation, does not require the services of a third party neutral. Usually, the interested parties begin a conversation with one another when they believe there is a misunderstanding. Here they are seeking a benefit or improved situation [*604] when compared to their current position or where they try to avoid further escalation of the initial conflict. Negotiation is a conflict resolution technique that settles disagreement and seeks to avoid or prevent future disputes. Consultation may precede a structured negotiation and is frequently used in major contract disputes. Because of the dramatic growth of international trade and the development of the World Trade Organizations (WTO) four-part Dispute Settlement System, its use has increased greatly. Usually consultation is entered into voluntarily and is used to help the parties understand their dispute, how the parties see the issues, and to clarify the legal rights and claims of all parties. WTO records indicate that more than half of their cases are settled or abandoned during the consultation phase. n41 Consultation allows parties to modify their positions, change their understanding or to acquire new information that may influence their action or thinking. n42 Consultation is often voluntary but it may become obligatory if included as a contact clause or treaty requirement. Both negotiation and consultation are devices to encourage cooperation and their use, when mandated, functions as an anticipa tory action to avoid or prevent the use of formal or structured dispute settlement mechanisms that are more costly and time consuming. Another possibility when international treaties or conventions are involved and parties to a dispute are not able to reconcile their differences though negotiations is the use of the Good Offices of the governing body of the agreement. Generally, Good Offices means the office of the secretariat of the organization or body responsible for the implementation of the agreement. The use of Good Offices may be as simple as facilitating a conversation between the disputing parties or providing facilities for such a meeting. It may also include the provision of mediation or conciliation services or it may require the actual intervention by an international body. n43 The use of Good Offices has been a frequently used tool in international diplomacy and was integrated in the Hague Convention for the Pacific Settlement of International Disputes in 1907. More recently, similar language has been included in agreements creating the World Trade Organization and the Law of the Sea Convention. Disagreements at the international level often address issues and facts that the parties do not agree to or that they find nearly irreconcilable. When such an impasse occurs it is possible to seek the help of a board of inquiry or a fact-finding body commission to investigate and report findings [*605] related to the disagreement. The commission option was initially an ad hoc undertaking that was formalized in the 1899 Hague Convention for the Pacific Settlement of Disputes. n44 The early commissions were established to examine issues in dispute such as when the U.S. battleship Maine was sunk, when the Russian Fleet fired on British fishing vessels in 1904, and when an American woman was killed in a Chilean sponsored car bombing in the United States. n45 These commissions and board inquiries are less frequently used now because other ADR techniques are available and parties are comfortable using them. Conciliation is another ADR method used to resolve international disputes. This method is similar to both mediation and arbitration. Conciliation as a process has been used for about eighty-five years, and over 200 bilateral treaties and many multilateral agreements have language enabling disputants to use this alternative. n46 The idea of conciliation commissions, a combination of inquiry commissions and conciliation, were actually used as early as 1914 but the concept has not become a routine procedure in dispute resolution practice. n47 Conciliation requires a third party neutral to encourage the disputing parties to begin a dialogue with one another and to arrive at a mutually agreeable resolution process. It also requires the neutral to examine the circumstances surrounding the conflict and, after an independent inquiry, make a recommendation based upon the evidence and information that has been discovered during the process of fact finding. n48 The parties are not required to a ccept the recommendation. Conciliation resembles mediation in its facilitative, non- adversarial and non-binding aspects but it follows formalities more like arbitration, such as investigation, evaluation and decision-making. n49 Conciliation has been successful in the few cases where it has been tried, and it provides benefits to the parties because they can reject any recommendation if they desire. n50 In addition,