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,

Native Americans- Minority Role Essay example -- essays research paper

Thesis Since the arrival of the Europeans in 1492 the Native American has systematically been dehumanized, decivilized and redefined into terms that typify a subordinate or minority role, restricted life opportunities persist today as a result. I. Introduction-Majority/Minority group relations- the role of power II. Historical Overview A. Native American life before contact with the White man. B. Early contact, efforts at peaceful co-existence. C. Conflict and its consequences for Native Americans III. The continuing role of power A. Control techniques used by the majority group B. Native American life today, SES, housing, education, etc. Power and Minority Group Position: The Case of Native Americans Majority/Minority group relations can be illustrated by studying the role of power and how it is distributed between groups. The majority, or group that wields the most power, directly affects the circumstances for the minority. In most cases power struggle leads to racial and ethnic inequality. This scenario describes the case of the Native Americans. Since the arrival of the Europeans in 1492 the Native American has systematically been dehumanized, decivilized and redefined into terms that typify a subordinate or minority role, restricted life opportunities persist today as a result (Farley, 2000). When European settlers arrived on American shores to settle a New World, around 7 million Native Americans had been settled in the wilderness north of present-day Mexico for some time. It is believed that the first Native Americans arrived during the last Ice Age, approximately 20,000 - 30,000 years ago, by crossing the Bering Strait from northeastern Siberia into Alaska. Over thousands of years, â€Å"spiritual kin-based communities† had survived by living off the land and bartering goods. Their diversity was reflected by their societies, which ranged from small, mobile bands of hunter-gatherers in the Great Basin to temple-mound builders in the Southeast (DiBacco, 1995). The encounter of early explorers with the people of the Americas would ultimately set in motion the destruction of long existing Native American life and culture. Engrained into the minds of the Europeans were prejudiced images and stereotypes of the Native Americans, which we struggle still today to eradica... ...ypes. Even still, today’s 2.1 million Native Americans have proved their resilience by surviving oppression in a world dominated by other races and cultures. Unlike other minorities who have fought for equal rights in American society, Native Americans have fought to retain their land and cultures and have avoided assimilation, at a hefty cost. Works Cited Bataille, Gretchen. The Pretend Indians: Images of Native Americans in the Movies. Iowa State University, Ames: 1980 Berkhofer, Robert F. The White Man's Indian. Alfred A. Knopf Publishers, New York, 1978. DiBacco, Thomas V., Lorna C. Mason, and Christian G. Appy. History of The United States. Boston: Houghton Mifflin Company, 1995. Keohane, Sonja. â€Å"The Reservation Boarding School System in the United States, 1870-1928.† http://www.twofrog.com. 3/19/2005 Jordan,Winthrop D. and Leon F. Litwack. The United States. Englewood Cliffs: Prentice Hall, 1991. Todd, Lewis Paul and Merta Curti. Triumph of the American Nation. Orlando: Harcourt Brace Joranovich, Inc., 1986. Zinn, Howard. A People’s History of the United States. New York: Harper-Collins, 1980. Farley, John. Majority-Minority Relations. New Jersey: Prentice Hall,2000.

International studies-global childhood Essay

This article written about the number of children who die on daily basis from various reasons is intended to inform the general globe community of the deaths so that appropriate measures can be taken to counter the trend. Anup points out that this is a global issue as it affects everybody in the world in regard to social, political, economical and environmental aspects. According to me, child mortality or the death of children is a global issue which should be ignored but instead should be given a priority by every authority since it affects virtually everyone either directly or directly (Shah, 2010). Just as Anup states in the Article, the number of children who die on daily basis is a matter of international concern. Anup further outlines the importance of understanding the issue of child mortality. He points out that the child mortality rate is significant in that it is a gauge to assess the general wellbeing of children and specifically the child health. To begin with, Anup mentions that it evaluates the end results of the development process of a country rather than the input. It evaluates concepts like the capital calorie accessible or the ratio of medical personnel to the population which are an essential towards achieving positive child welfare (Shah, 2010). Anup notes that child mortality rate is dependent on a number of factors which include nutritional status and the mothers ‘knowledge on health matters, the degree of immunization and the accessibility of maternal and child health services. Other determinants of child mortality rate are availability of food and clean and safe drinking water. The entire safety of the child’s environment also contributes to child mortality rate (Shah, 2010). Child mortality rate is not affected by mathematical computations like average. GNI per capita for instance will be affected by average because the natural scale places the children wealth people at a 1,000 times chance of surviving as although the human-designed scale which does not place them at equal position in regard to income (Shah, 2010). This information including the figure is accurate and reliable since it has been summarized from UNICEF findings. A do agree with Anup that this is enough justification of the significance of understanding child mortality. This is particularly because UNICEF is very elaborate on child issues and usually provides relevant and accurate information concerning children issues (Shah, 2010). The writer compares the figure of the number of children who die on daily basis with well known world disasters in order to create a clear picture of the issue in question. Anup equates the figure to the number of people who succumbed to the 2010 Haiti earthquake if had to occur every 9-10 days and the 2004 Asian tsunami if it were to occur every ten days (Shah, 2010). The writer has further justified his report by quoting the sources of the data that he used for comparison. The figure of the number of the victims who died from the Haiti earthquake was taken from the reliable BBC reports (BBC, 2010). He converts the figure to various ratios in order to bring out a more concrete outline of the seriousness of the issue. For instance he mentions that the 24,000 children dying every minute is equivalent to a single child dying after every 3. 6 seconds or close to 9 million children dying in each year. According to Anup, 79 million children died between the years 2000 and 2007 (Shah, 2010). He has used various simple graphs to illustrate the trend of child mortality rate. The causes of this large number of deaths are poverty, hunger and certain diseases and illness that that can either be cured or prevented (Shah, 2010). The writer is also surprised at the manner in which this disaster is not in the headlines. He mentions that just as the global community responds to other disasters like the disastrous earthquakes, it should respond similarly to the escalating child mortality rates (Shah, 2010). I support the writer in this aspect because little has been documented on child mortality rates. This has further worsened the problem because many authorities, agencies or organizations that could offer significant help to bring this disaster under control have completely ignored the issue or have not taken it with the seriousness it deserves. This is partly because the issue is not found in the headlines (Shah, 2010). Conclusion I support Anup’s report that the issue of child mortality rate has not been taken with the magnitude that it deserves by the world’s authorities, agencies and any relevant organization. This issue should be regarded as a disaster because the number of children dying every day from the various causes is even larger than that resulting from some of the world’s worst tragedies like the Haiti earthquake (BBC, 2010). The issue is rarely placed in the headlines and thus fails to attract the appropriate attention. Child mortality rate is very important in assessing the general wellbeing of children. Child mortality rate further affects political, social, political and environmental issues in the globe either in a direct or an indirect manner (Global issues, 2010).

The Best Academic Preparation for an Editorial Career

The Best Academic Preparation for an Editorial Career The Best Academic Preparation for an Editorial Career The Best Academic Preparation for an Editorial Career By Mark Nichol I was painfully amused to find in a recent job listing the perpetuation of the absurd notion that a degree in English or literature, for God’s sake is the ideal preparation for work as a writer or editor. The listing required candidates to have a degree in English or literature. Now, there can be some merit in having earned an English degree, but English majors do not necessary master composition, much less the finer points of grammar, syntax, usage, punctuation, style, and the other components of writing, and revision of assigned papers is of little use in acquiring editing skills. I recall taking an English course in which the instructor spent most of every class period reading aloud word by word a manuscript he had written about grammar and asking students to identify the part of speech of every word. At the end of the term, despite this intensive analysis, I was no more knowledgeable about grammar than I had been at the beginning of the course. And few English majors endure this type of experience. Nevertheless, they do receive some instruction in writing, but it is mostly holistic – how to evaluate an argument’s logic and validity and how to organize one’s thoughts in writing. But little guidance is offered in the subtler qualities I listed above. A literature degree is even less useful; its basis is literary criticism, and though students write essays and term papers and theses, the focus is on dissecting the themes of literary works, not on developing coherence and clarity and conciseness. English and literature courses do not teach one how to choose just the right word. They do not assist one in structuring strong, active sentences with specific nouns and vivid verbs. They do not help one build narratives. In short, though some English and literature majors may develop into great writers and/or editors, an English or literature major is of little use to would-be masters of the language. On a related note, I am puzzled when I see job listings that require a degree in, say, economics or math. I’m lazy about laissez-faire, and I wouldn’t know a cosine from a stop sign. But I’ve edited scholarly books and textbooks in both subjects. I’ve worked on several science books, too, though I have only the gleanings of lifelong learning, rather than a degree in biology or physics or astronomy, to support me. What academic preparation, then, should students and employers value? Well, how about theater arts? That’s the degree I earned, and I’ve been gainfully employed in publishing and journalism since I retired from the stage more than a quarter century ago, soon after collecting that inestimably valuable diploma. (Trust me, though; I’ve experienced plenty of drama not to mention farce and tragedy in editorial working environments.) But, seriously, folks, what prepared me for my career was, first, a natural facility for writing a foundation that supported the edifice of practical experience. Even though I had no interest in journalism, I walked into my college’s student-newspaper office after my first day of classes and never looked back. I learned to tell a story writing is, at its fundamental level, nothing else than storytelling producing over a hundred articles, reviews, and editorials, and editing hundreds more as I took on steadily increasing responsibility. (And when I did take journalism courses, when students were assigned to write articles, I handed in pieces I had already written for the school paper.) Based on my experience, if there’s any degree employers should value when hiring for a writing or editing job, it’s one in journalism, or mass communication. But I didn’t earn one, and I know people who did earn one who shouldn’t be allowed anywhere near a keyboard. The most useful predictor of a job candidate’s ability is how well he or she writes on an assigned topic or edits a brief manuscript provided as part of the application process. Possession of a certain degree, by comparison no matter where it was earned is nearly useless. (And job history isn’t much more pertinent but that’s another topic altogether.) Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Freelance Writing category, check our popular posts, or choose a related post below:Inquire vs EnquireDifference between "Pressing" and "Ironing"20 Ways to Laugh

Free Essays on Arctic Hunt

As with many or all hunting initiatives in Canada the seal hunt is controlled and subsidized by the government. In an effort to control the seal population and prevent to ecosystem from being thrown off the government sees that they need to allow the hunt. To ensure that the hunt is performed to the correct size, the government subsidizes the hunt so things are made easier, and more plausable for "sealers" and commercial companies to access the frozen waters and beaches in proper numbers. Overpopulation of any particular animal can upset the balance of the ecosystem and even effect the economy. This is why the government supports the agenda of the annual hunt. If the seal population becomes to great, they will eat all the fish and kill the fishing industry. Furthermore with the fish gone, the seals then begin to starve and die off. This is an issue once more for the government because then they are required to reintroduce species of fish to the area, which is both expensive an d time consuming. Thus the economy suffers again. For the government to turn a blind eye to this would be perilous, which is why the involve themselves. Methods of the seal hunters is generally simple, effective, and traditional. They use various methods, most classic of all is clubbing. The hunter uses a club similar to a baseball bat to simply beat the baby seal to death. This does not always result in instant death. Another tool they use is a large pike with a hook on the end. Used for seperateing and stabbing the seals, it is more effective in landing a lethal blow than the clubbing method. Thirdly, and most simply and modern, is some of the sealers will just simply shoot the seal with a gun. However non-traditional, this is a very effective means of ensuring the pup is no longer alive when the next steps begin. After killing the seal, the hunter will use a hooking system to hook and drag his kill from the icey waters, or over to a safe locati... Free Essays on Arctic Hunt Free Essays on Arctic Hunt As with many or all hunting initiatives in Canada the seal hunt is controlled and subsidized by the government. In an effort to control the seal population and prevent to ecosystem from being thrown off the government sees that they need to allow the hunt. To ensure that the hunt is performed to the correct size, the government subsidizes the hunt so things are made easier, and more plausable for "sealers" and commercial companies to access the frozen waters and beaches in proper numbers. Overpopulation of any particular animal can upset the balance of the ecosystem and even effect the economy. This is why the government supports the agenda of the annual hunt. If the seal population becomes to great, they will eat all the fish and kill the fishing industry. Furthermore with the fish gone, the seals then begin to starve and die off. This is an issue once more for the government because then they are required to reintroduce species of fish to the area, which is both expensive an d time consuming. Thus the economy suffers again. For the government to turn a blind eye to this would be perilous, which is why the involve themselves. Methods of the seal hunters is generally simple, effective, and traditional. They use various methods, most classic of all is clubbing. The hunter uses a club similar to a baseball bat to simply beat the baby seal to death. This does not always result in instant death. Another tool they use is a large pike with a hook on the end. Used for seperateing and stabbing the seals, it is more effective in landing a lethal blow than the clubbing method. Thirdly, and most simply and modern, is some of the sealers will just simply shoot the seal with a gun. However non-traditional, this is a very effective means of ensuring the pup is no longer alive when the next steps begin. After killing the seal, the hunter will use a hooking system to hook and drag his kill from the icey waters, or over to a safe locati...

Practical Criticism of the Poem Futility by Wilfred Owen Essay Essay Example

Practical Criticism of the Poem Futility by Wilfred Owen Essay Essay Example Practical Criticism of the Poem Futility by Wilfred Owen Essay Paper Practical Criticism of the Poem Futility by Wilfred Owen Essay Paper The verse form begins with an order â€Å"move him into the sun† . The character seems to be despairing to travel person under the Sun. The 2nd line negotiations about the beginning of life when the beams of the Sun must hold touched the delicate organic structure of the individual as a babe. The undermentioned words â€Å"field unsown† refers to immatureness. uncomplete life or a half adult province. It acts as a metaphor on the rhythm of life. The character continues to talk about the regular behaviour of the individual. He seemed to hold been acquainted with the Sun and life every bit good â€Å"until this morning† The words act as symbols of contrasts. Whereas the forenoon and the Sun act as symbols of life. snow refers to decease and somberness. The last two lines of the first stanza refer to sun as an aged figure. It is important through the words â€Å"pld sun† . In the 2nd stanza. the persona negotiations about the strength of Sun. While the Sun on e time brought life to the cold waste Earth. it appears unacceptable to the character that the same Sun can non convey life in the lifeless immature soldier. The character directs the reader towards war and its effects. He tells the reader that the soldier is still warm. He feels helpless to see the wrecked province of a human being who bears no significance after his decease. He is sad at his status. The mention made to the Genesis and the creative activity of adult male from the clay can be seen in the 5th line of the 2nd stanza. He complains that was it for this twenty-four hours that the human being grew up holding been created by the Lord himself. The verse form is an epitaph sing its manner of building. A melancholy and acrimonious tone is being carried out. a individual. most likely a soldier is a immature chap lies in conflict field in a half dead status. The subjects such as the ferociousness of life and the pathetic effects of war can be observed through the lines. In a nu tshell the verse form appears an rational unfavorable judgment of war and its horrific effects.

Ethical Case Study Essay Example | Topics and Well Written Essays - 1000 words

Ethical Case Study - Essay Example Deontological principles focus on the concept of duty rather than any concept of right or wrong. With reference to the case, there are two types of deontological ethical theories, duty theories and rights theories. Duty theories purport an action as being morally right if it is in accord with some list of obligation and duties. Right theories is an action is morally right if it is adequately respects the right of all humans. Conversely, the two types of consequential ethical theories that are related to the case study include utilitarianism and ethical egoism. Utilitarianism states that people are driven by their fears and interests. However, their interests supersede their fears. A group of people can pursue their happiness while hurting others. Ethical egoism is a consequential theory that prescribes action that can either be beneficial or detrimental to the welfare of others. The deontological ethical theory, duty theory was not implemented by J.L mother. Despite the fact that, sh e is a nurse in the same hospital that J.L went to seek treatment, she could have respected the patient bill of rights. When J. L was in the emergency room, her mother could have given her privacy. The staff assumed that the mother wanted to stay even without seeking the patients’ permission. The duties of a nurse are to practice confidentiality with a patient. This clearly shows that her rights are being violated with respect to the rights theories. The nurses should have done the necessary tests to rule out a possibility of appendicitis. The nurse delays her treatment for about two hours, dishonoring their professional code of ethics that advocates for proper full attention towards a patient’s illness. Due to a lost specimen, the nurses decided on a pelvic exam that was traumatic to the patient. This is also seen as a violation of her rights. The reports indicating that the patient was uncooperative depicted that the moral rights of the nurse were not followed. The p regnant test done against J.L permission was also not a morally ethical act. After undergoing such an ordeal, the nurses did not recommend any form of treatment. This was a violation of the nursing code of ethics. The nurses were focused on the concept of duty rather than any concept of right or wrong (Marcum, 2010). If the consequential theory, which determines the rightness or the wrongness in any action were used in this scenario, J. L would have received better kind of treatment. J.L mother should have helped her daughter in the application and given her bill of rights to read. Confidentiality is an imperative issue especially when it is concerns with some ones health. The staff that was treating J.L should have examined her alone. Utilitarianism was clearly implemented as the nurse conducted a pregnancy test on a patient without his approval (Pozgar, 2007). They conducted this test on the notion that many underage girls have â€Å"immaculate conceptions† on the event the y report abdominal pains. Ethical egoism could have been implemented on the event J.L did not tell her mother the diagnosis of her abdominal pain. Since, she is a nurse at that hospital; she would have easily accessed that information. The delay in the examination and lack of any remedy for the pain by the medical staff supports the

Washington monument ( Washington DC ) Research Paper

Washington monument ( Washington DC ) - Research Paper Example The analysis of the monument’s terms of constructions reveals that the developers of this project had many challenges to face: still, within low-cost material and equipment they’ve managed to create a monument which is still unique worldwide. The use of monuments for highlighting the importance of an event or for showing respect and honor to an individual is a common phenomenon in societies worldwide. In this paper a monument which is closely related to the history of US is presented: the Washington Monument, in the capital of US. It was 1848 that the construction works for the development of this monument started; however, the monument was completed quite later, in 1884 (Craven, par.1). The monument reflects the commitment and the loyalty to the country, principles that have been highly promoted by George Washington, the ‘first President of US’ (Nobleman, 5). In fact, the Washington Monument has been constructed as ‘an honor to G. Washington’ (Nobleman, 5). For this reason, Washington has been chosen as the most appropriate place for this monument: for the capital of US the surname of G. Washington has been used. In this city also, a monument should be constructed in his memory (Nobleman, 5); no other area would be appropriate for such monument. In terms of the monument’s materials, emphasis has been given on ‘marble, granite and sandstone’ (Washington DC, par.1). This choice has been rather based on these materials’ ability to keep their consistence even under extremely adverse climate conditions. Having such quality, these materials would be appropriate to highlight Washington’s ‘strength as a leader’ (Nelson, 11). Also, such materials could secure the resistance of the monument in time. Materials which are critical in modern construction projects, such as metals and aluminum, were still produced at quite low volume in US (Cody 7) and their cost was quite high, a fact that has discouraged

Make a title Essay Example | Topics and Well Written Essays - 750 words

Make a title - Essay Example In essence, child spanking is a shortcut to child disciplining which is not effective. Child spanking does more harm and little, if any, good. To begin with, spanking gives a wrong example to children. In disciplining a child, the approach should be positive. Children learn from what they observe their parents do. As a result therefore, when a child is spanked, the lesson learnt is that violence would solve problems. It may be perceived as a mode of bullying. The child could view it that, it would be right for an older person to hit a younger one. It would thus be dangerous for the child to grow under that perception. The parent in spanking aims to correct an action that is viewed as an act lower to the acceptable disciplinary standards. To the child, it would be another message sent. In most cases, it is notable that many mothers are of the view that the child should not be spanked. At times however, their child would engage in an act and they prompt to spank them. The spanking could thus be an act of low self-control. Now, is that the message that should be delivered to the child? One characteristic of discipline is self -control. It is what the child should learn. However, under spanking, the lesson is all different. Rob Walters’ states that, â€Å"When your child misbehaves or acts in ways that are defiant, inappropriate, or even dangerous, you want to show him that this behavior is unacceptable and needs to change. Spanking may seem like a direct and effective way to do that, but it also delivers other messages you dont want to be sent† (Walters) The relationship between the parent or guardian and the child is affected significantly. The trust after spanking would be lost. The child upon being spanked questions the love that her spanker has for her or him. The foundation for trust between the two is thus shaken. The child is frustrated and angry. The feelings would progress to the teenage