Wednesday, October 30, 2019

Protestant Ethic Essay Example | Topics and Well Written Essays - 750 words

Protestant Ethic - Essay Example He finds those sources in the Protestant reformation, especially in Calvinism. It is Weber's conviction that factual reasonable capitalism increased out of Protestant asceticism. Christian asceticism, at the start escaping from the world into solitude, had currently directed the world which it had renounced from the monastery and through the Church. But it had, on the entire, left the routinely spontaneous feature of every day life in the world untouched. Now it strode into the marketplace of life, banged the doorway of the monastery behind it, and undertook to penetrate just that every day usual of life with its methodicalness, to latest tendency it into a life in the world, but neither of neither for this world. t is only essential to believe of the Rhine homeland and of Calw. In this solely introductory consideration it is pointless to stack up more examples. For these couple of currently all display one thing: that the essence of hard work, of advancement, or anything additional it might may be called, the awakening of which one is inclined to ascribe to Protestantism, should not be appreciated, as there is a inclination to do, as delight of dwelling neither in any other sense as attached with the Enlightenment. The vintage Protestantism of Luther, Calvin, Knox, Voet, had prized little to do with what today is called progress. To entire facets of up to date life which the m ost farthest religionist would not desire to stifle today, it was exactly hostile. If any inward connection between certain signs of the vintage Protestant essence and up to date capitalistic heritage is to be discovered, we should try to find it, for better o r poorer, not in its supposed more or less materialistic or not less than anti-ascetic delight of dwelling, but in its solely devout characteristics. Montesquieu states (Esprit des Lois, Book XX, chap. 7) of the English that they "had progressed the most distant of all p eoples of the world in three significant things: in piety, in business, and in freedom". Is it not likely that their financial superiority and their adaptation to free political organisations are attached in someway with that record of piety which Montes quieu ascribes to them A large number of likely connections, vaguely seen, happen to us when we put the inquiry in this way. It will now be our task to formulate what happens to us confusedly as apparently as is likely, contemplating the inexhaustib le diversity to be discovered in all chronicled material. But in alignment to do this it is essential to depart behind the vague and general notions with which we have administered up to this issue, and try to Penetrate into the peculiar characteristics of and the dissimilaritie s between those large worlds of devout considered which have lived historic in the diverse parts of Christianity. This extract, possibly more than any other, states apparently the essence of The Protestant Ethic. Weber accepts as factual that the ascetic essence of Protestantism is to blame for the development of reasonable capitalism. This ascetic impulse not only motored the early Protestants to a life of hard work, especially work inside a calling, but furthermore eradicated any tendencies to relish life, and therefore, to spend their hard acquired incomes. This extract apparently

Monday, October 28, 2019

Non Probability Sampling Methods Essay Example for Free

Non Probability Sampling Methods Essay Non-probability sampling is that sampling procedure which does not afford any basis for estimating the probability that each item in the population has of being included in the sample. In this type of sampling, items for the sample are selected deliberately by the researcher; his choice concerning the items remains supreme. Non-Probability Sampling Methods: The common feature in non probability sampling methods is that subjective judgments are used to determine the population that are contained in the sample. The common groups are discussed below; 1. Convenience Sampling 2. Judgement Sampling 3. Quota Sampling 4. Snowball sampling Convenience Sampling This type of sampling is used primarily for reasons of convenience, researchers might either be in need of urgent data so cannot conduct a thorough research or it is simply to satisfy ones curiosity about a subject. This form of sampling is used mostly in marketing studies. For example; a new yoghurt processing company is interested in knowing opinions about the new product (issues like flavour of the yoghurt, consistency of the yoghurt and packaging). The perception is to produce what would best appeal to the customers. A private researcher has been hired and he asks his neighbours (convenient sample) their opinion about the yoghurt. Judgement Sampling The researcher’s personal judgement guides the selection criteria; his discretion that the selected members are representative of the entire population guides the findings. It is used mainly in product tests. For example a research team has been constituted to conduct a survey, if one of the members drops out; the principle investigator has the right to appoint a replacement. This would be done at the discretion of the principle investigator. 6.3.1.3 Quota Sampling This is a very commonly used sampling method in marketing research studies. Here the sample is selected on the basis of certain basic parameters such as age, sex, income and occupation that describe the nature a population so as to make it representative of the population. The Investigators or field workers are instructed to choose a sample that conforms to these parameters. The field workers are assigned quotas of the number of units satisfying the required characteristics on which data should be collected. However, before collecting data on these units, the investigators are supposed to verify that the units qualify these characteristics. Suppose we are conducting a survey to study the buying behavior of a product and it is believed that the buying behavior is greatly influenced by the income level of the consumers. We assume that it is possible to divide our population into three income strata such as high-income group, middle-income group and low-income group. Further it is known that 20% of the population is in high income group, 35% in the middle-income group and 45% in the low-income group. Suppose it is decided to select a sample of size 200 from the population. Therefore, samples of size 40, 70 and90 should come from high income, middle income and low income groups respectively. Now the various field workers are assigned quotas to select the sample from each group in such a way that a total sample of 200 is selected in the same proportion as mentioned above. 6.3.1.4 Snowball Sampling  · The sampling in which the selection of additional respondents (after the first small group of respondents is selected) is based upon referrals from the initial set of respondents.  · It is used to sample low incidence or rare populations  · It is done for the efficiency of finding the additional, hard-to-find members of the sample. 6.3.1.5 Advantages of Non-probability Sampling  · It is much cheaper to probability sampling.  · It is acceptable when the level of accuracy of the research results is not of utmost importance.  · Less research time is required than probability samples.  · It often produces samples quite similar to the population of interest when conducted properly. 6.3.1.6 Disadvantages of Non-probability Sampling  · You cannot calculate Sampling error. Thus, the minimum required sample size cannot be calculated which suggests that you (researcher) may sample too few or too many members of the population of interest.  · You do not know the degree to which the sample is representative of the population from which it was drawn.  · The research results cannot be projected (generalized) to the total population of interest with any degree of confidence.

Saturday, October 26, 2019

charant Free Antigone Essays: The Character of Antigone :: Antigone essays

Antigone  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In Ancient Greece, life was full of complicated questions centered around the expanding field of science. Freedom of religion was encouraged to be exercised in the city-states and man was focused on more than the Gods or heavenly concerns. As a result many new ideals and beliefs surfaced. These new ideals and beliefs, though good in intentions, often conflicted with one another and created complex moral dilemmas. Such was the case in Sophocle’s play Antigone that was written in this era. In the play, Antigone and Creon battle a philosophical war concerning their ideals. They both base their actions on what they believe to be right. The conflict arose when their ideals that backed up their actions on the burial of Polyneices clashed, creating a contradiction between morals. Antigone's side of the conflict held a much more divine approach, as opposed to the mundane path Creon chose to travel. Antigone feels that Creon is disregarding the laws of the heavens by ordering it unlawful for anyone to provide a proper burial for her brother Polyneices. Antigone's opinion is one that supports the Gods and the laws of the heavens. Her reasoning is set by her belief that if someone were not given a proper burial, that person would not be accepted into heaven. Antigone was a very religious person and the acceptance of her brother by the Gods was very important to her. Creons order was personal to Antigone and his edict invaded her family life as well as the Gods. An important ide al in Ancient Greece was the belief that the government was to have no control in matters concerning religious beliefs. In Antigone's eyes, Creon betrayed that ideal by not allowing her to properly bury her brother, Polyneices. She believed that the burial was a religious ceremony, and Creon did not have the power to deny Polyneices that right. Antigone's strong beliefs eventually led her to death by the hand of Creon. Creon's actions are guided by the ideal that man is the measure of all things. Creon believes that the good of man comes before the Gods. An example of Creons belief was the unburied body of Polyneices. Creon doesn't want to give honor to a man who attempted to invade and conquer his city. He denies burial for Polyneices to show respect for Thebes. From this standpoint, Creons decisions for denying burial for Polyneices are completely just and supports the ideals.

Thursday, October 24, 2019

The Vampire Diaries: Dark Reunion Chapter Thirteen

June 19, Friday, 11:45 p.m. Dear Diary, Oh, God, what are we going to do? This has been the longest week of my life. Today was the last day of school and tomorrow Stefan is leaving. He's going to Europe to search for a vampire who got changed by Klaus. He says he doesn't want to leave us unprotected. But he's going to go. We can't find Tyler. His car disappeared from the cemetery, but he hasn't turned up at school. He's missed every final this week. Not that the rest of us are doing much better. I wish Robert E. Lee was like the schools that have all their finals before graduation. I don't know whether I'm writing English or Swahili these days. I hate Klaus. From what I saw he's as crazy as Katherine-and even crueler. What he did to Vickie-but I can't even talk about that or I'll start crying again. He was just playing with us at Caroline's party, like a cat with a mouse. And to do it on Meredith's birthday, too-although I suppose he couldn't have known that. He seems to know a lot, though. He doesn't talk like a foreigner, not like Stefan did when he first came to America, and he knows all about American things, even songs from the fifties. Maybe he's been over here for a while†¦ Bonnie stopped writing. She thought desperately. All this time, they had been thinking of victims in Europe, of vampires. But from the way Klaus talked, he had obviously been in America a long time. He didn't sound foreign at all. And he'd chosen to attack the girls on Meredith's birthday†¦ Bonnie got up, reached for the telephone, and called Meredith's number. A sleepy male voice answered. â€Å"Mr. Sulez, this is Bonnie. Can I speak to Meredith?† â€Å"Bonnie! Don't you know what time it is?† â€Å"Yes.† Bonnie thought quickly. â€Å"But it's about-about a final we had today. Please, I have to talk with her.† There was a long pause, then a heavy sigh. â€Å"Just a minute.† Bonnie tapped her fingers impatiently as she waited. At last there was the click of another phone being picked up. â€Å"Bonnie?† came Meredith's voice. â€Å"What's wrong?† â€Å"Nothing. I mean-† Bonnie was excruciatingly conscious of the open line, of the fact that Meredith's father hadn't hung up. He might be listening. â€Å"It's about-that German problem we've been working on. You remember. The one we couldn't figure out for the final. You know how we've been looking for the one person who can help us solve it? Well, I think I know who it is.† â€Å"No,† Bonnie said, â€Å"it doesn't. It hits a lot closer to home, Meredith. A lot. In fact, you could say it's right in your own backyard, hanging on your family tree.† The line was silent so long Bonnie wondered if Meredith was still there. â€Å"Meredith?† â€Å"I'm thinking. Does this solution have anything to do with coincidence?† â€Å"Nope.† Bonnie relaxed and smiled slightly, grimly. Meredith had it now. â€Å"Not a thing to do with coincidence. It's more a case of history repeating itself. Deliberately repeating itself, if you see what I mean.† â€Å"Yes,† Meredith said. She sounded as if she were recovering from a shock, and no wonder. â€Å"You know, I think you just may be right. But there's still the matter of persuading-this person-to actually help us.† â€Å"You think that may be a problem?† â€Å"I think it could. Sometimes people get very rattled-about a test. Sometimes they even kind of lose their minds.† Bonnie's heart sank. This was something that hadn't occurred to her. What if he couldn't tell them? What if he were that far gone? â€Å"All we can do is try,† she said, making her voice as optimistic as possible. â€Å"Tomorrow we'll have to try.† â€Å"All right. I'll pick you up at noon. Good night, Bonnie.† â€Å"Night, Meredith.† Bonnie added, â€Å"I'm sorry.† â€Å"No, I think it may be for the best. So that history doesn't continue to repeat itself forever. Good-bye.† Bonnie pressed the disconnect button on the handset, clicking it off. Then she just sat for a few minutes, her finger on the button, staring at the wall. Finally she replaced the handset in its cradle and picked up her diary again. She put a period on the last sentence and added a new one. We are going to see Meredith's grandfather tomorrow. â€Å"I'm an idiot,† Stefan said in Meredith's car the next day. They were going to West Virginia, to the institution where Meredith's grandfather was a patient. It was going to be a fairly long drive. â€Å"We're all idiots. Except Bonnie,† Matt said. Even in the midst of her anxiety Bonnie felt a warm glow at that. But Meredith was shaking her head, eyes on the road. â€Å"Stefan, you couldn't have realized, so stop beating up on yourself. You didn't know that Klaus attacked Caroline's party on the anniversary of the attack on my grandfather. And it didn't occur to Matt or me that Klaus could have been in America for so long because we never saw Klaus or heard him speak. We were thinking of people he could have attacked in Europe. Really, Bonnie was the only one who could have put it all together, because she had all the information.† â€Å"I won't; modesty is one of my most charming qualities,† Bonnie replied. Matt snorted, but then he said, â€Å"I still think it was pretty smart,† which started the glow all over again. The institution was a terrible place. Bonnie tried as hard as she could to conceal her horror and disgust, but she knew Meredith could sense it. Meredith's shoulders were stiff with defensive pride as she walked down the halls in front of them. Bonnie, who had known her for so many years, could see the humiliation underneath that pride. Meredith's parents considered her grandfather's condition such a blot that they never allowed him to be mentioned to outsiders. It had been a shadow over the entire family. And now Meredith was showing that secret to strangers for the first time. Bonnie felt a rush of love and admiration for her friend. It was so like Meredith to do it without fuss, with dignity, letting nobody see what it cost her. But the institution was still terrible. It wasn't filthy or filled with raving maniacs or anything like that. The patients looked clean and well cared for. But there was something about the sterile hospital smells and the halls crowded with motionless wheelchairs and blank eyes that made Bonnie want to run. It was like a building full of zombies. Bonnie saw one old woman, her pink scalp showing through thin white hair, slumped with her head on the table next to a naked plastic doll. When Bonnie reached out desperately, she found Matt's hand already reaching for hers. They followed Meredith that way, holding on so hard it hurt. â€Å"This is his room.† Inside was another zombie, this one with white hair that still showed an occasional fleck of black like Meredith's. His face was a mass of wrinkles and lines, the eyes rheumy and rimmed with scarlet. They stared vacantly. â€Å"Granddad,† Meredith said, kneeling in front of his wheelchair, â€Å"Granddad, it's me, Meredith. I've come to visit you. I've got something important to ask you.† The old eyes never flickered. â€Å"Sometimes he knows us,† Meredith said quietly, without emotion. â€Å"But mostly these days he doesn't.† The old man just went on staring. Stefan dropped to his heels. â€Å"Let me try,† he said. Looking into the wrinkled face he began to speak, softly, soothingly, as he had to Vickie. And no matter what Meredith or Stefan did, that was all the response they could elicit. Eventually Bonnie tried, using her psychic powers. She could sense something in the old man, some spark of life trapped in the imprisoning flesh. But she couldn't reach it. â€Å"I'm sorry,† she said, sitting back and pushing hair out of her eyes. â€Å"It's no use. I can't do anything.† â€Å"Maybe we can come another time,† Matt said, but Bonnie knew it wasn't true. Stefan was leaving tomorrow; there would never be another time. And it had seemed like such a good idea†¦ The glow that had warmed her earlier was ashes now, and her heart felt like a lump of lead. She turned away to see Stefan already starting out of the room. Matt put a hand under her elbow to help her up and guide her out. And after standing for a minute with her head bent in discouragement, Bonnie let him. It was hard to summon up enough energy to put one foot in front of the other. She glanced back dully to see whether Meredith was following- And screamed. Meredith was standing in the center of the room, facing the door, discouragement written on her face. But behind her, the figure in the wheelchair had stirred at last. In a silent explosion of movement, it had reared above her, the rheumy old eyes open wide and the mouth open wider. Meredith's grandfather looked as if he had been caught in the act of leaping-arms flung out, mouth forming a silent howl. Bonnie's screams rang from the rafters. Everything happened at once then. Stefan came charging back in, Meredith spun around, Matt grabbed for her. But the old figure didn't leap. He stood towering above all of them, staring over their heads, seeming to see something none of them could. Sounds were coming from his mouth at last, sounds that formed one ululating word. â€Å"Vampire! Vampiire!† Attendants were in the room, crowding Bonnie and the others away, restraining the old man. Their shouts added to the pandemonium. â€Å"Vampire! Vampire!† Meredith's grandfather caterwauled, as if warning the town. Bonnie felt panicked-was he looking at Stefan? Was it an accusation? â€Å"Please, you'll have to leave now. I'm sorry, but you'll have to go,† a nurse was saying. They were being whisked out. Meredith fought as she was forced out into the hall. â€Å"Granddaddy-!† And then: â€Å"White ash wood! Vampire! White ash wood-â€Å" The door slammed shut. Meredith gasped, fighting tears. Bonnie had her nails dug into Matt's arm. Stefan turned to them, green eyes wide with shock. â€Å"I said, you'll have to leave now,† the harassed nurse was repeating impatiently. The four of them ignored her. They were all looking at each other, stunned confusion giving way to realization in their faces. â€Å"Tyler said there was only one kind of wood that could hurt him-† Matt began. â€Å"White ash wood,† said Stefan. â€Å"We'll have to find out where he's hiding,† Stefan said on the way home. He was driving, since Meredith had dropped the keys at the car door. â€Å"That's the first thing. If we rush this, we could warn him off.† His green eyes were shining with a queer mixture of triumph and grim determination, and he spoke in a clipped and rapid voice. They were all on the ragged edge, Bonnie thought, as if they'd been gulping uppers all night. Their nerves were frayed so thin that anything could happen. She had a sense, too, of impending cataclysm. As if everything were coming to a head, all the events since Meredith's birthday party gathering to a conclusion. Tonight, she thought. Tonight it all happens. It seemed strangely appropriate that it should be the eve of the solstice. â€Å"The eve of what?† Matt said. She hadn't even realized she'd spoken aloud. â€Å"The eve of the solstice,† she said. â€Å"That's what today is. The day before the summer solstice.† â€Å"Don't tell me. Druids, right?† â€Å"They celebrated it,† Bonnie confirmed. â€Å"It's a day for magic, for marking the change of the seasons. And†¦Ã¢â‚¬  she hesitated. â€Å"Well, it's like all other feast days, like Halloween or the winter solstice. A day when the line between the visible world and the invisible world is thin. When you can see ghosts, they used to say. When things happen.† â€Å"Things,† Stefan said, turning onto the main highway that headed back toward Fell's Church, â€Å"are going to happen.† None of them realized how soon. Mrs. Flowers was in the back garden. They had driven straight to the boarding house to look for her. She was pruning rosebushes, and the smell of summer surrounded her. â€Å"Slow down, slow down now,† she said, peering at them from under the brim of her straw hat. â€Å"What is it you want? White ash? There's one just down beyond those oak trees in back. Now, wait a minute-† she added as they all scrambled off again. Stefan ringed a branch of the tree with a jack-knife Matt produced from his pocket. I wonder when he started carrying that? Bonnie thought. She also wondered what Mrs. Flowers thought of them as they came back, the two boys carrying the leafy six-foot bough between them on their shoulders. But Mrs. Flowers just looked without saying anything. As they neared the house, though, she called after them, â€Å"A package came for you, boy.† Stefan turned his head, the branch still on his shoulder. â€Å"For me?† â€Å"It had your name on it. A package and a letter. I found them on the front porch this afternoon. I put them upstairs in your room.† Bonnie looked at Meredith, then at Matt and Stefan, meeting their bewildered, suspicious gazes in turn. The anticipation in the air heightened suddenly, almost unbearably. â€Å"But who could it be from? Who could even know you're here-† she began as they climbed the stairs to the attic. And then she stopped, dread fluttering between her ribs. Premonition was buzzing around inside her like a nagging fly, but she pushed it away. Not now, she thought, not now. But there was no way to keep from seeing the package on Stefan's desk. The boys propped the white ash branch against the wall and went to look at it, a longish, flattish parcel wrapped in brown paper, with a creamy envelope on top. On the front, in familiar crazy handwriting, was scrawled Stefan. The handwriting from the mirror. They all stood staring down at the package as if it were a scorpion. â€Å"Watch out,† Meredith said as Stefan slowly reached for it. Bonnie knew what she meant. She felt as if the whole thing might explode or belch poisonous gas or turn into something with teeth and claws. The envelope Stefan picked up was square and sturdy, made of good paper with a fine finish. Like a prince's invitation to the ball, Bonnie thought. But incongruously, there were several dirty fingerprints on the surface and the edges were grimy. Well- Klaus hadn't looked any too clean in the dream. Stefan glanced at front and back and then tore the envelope open. He pulled out a single piece of heavy stationery. The other three crowded around, looking over his shoulder as he unfolded it. Then Matt gave an exclamation. â€Å"What the†¦ it's blank!† It was. On both sides. Stefan turned it over and examined each. His face was tense, shuttered. Everyone else relaxed, though, making noises of disgust. A stupid practical joke. Meredith had reached for the package, which looked flat enough to be empty as well, when Stefan suddenly stiffened, his breath hissing in. Bonnie glanced quickly over and jumped. Meredith's hand froze on the package, and Matt swore. Stefan- Shall we try to solve this like gentlemen? I have the girl. Come to the old farmhouse in the woods after dark and we'll talk, just the two of us. Come alone and I'll let her go. Bring anyone else and she dies. There was no signature, but at the bottom the words appeared This is between you and me. â€Å"What girl?† Matt was demanding, looking from Bonnie to Meredith as if to make sure they were still there. â€Å"What girl?† With a sharp motion, Meredith's elegant fingers tore the package open and pulled out what was inside. A pale green scarf with a pattern of vines and leaves. Bonnie remembered it perfectly, and a vision came to her in a rush. Confetti and birthday presents, orchids and chocolate. â€Å"Caroline,† she whispered, and shut her eyes. These last two weeks had been so strange, so different from ordinary high school life, that she had almost forgotten Caroline existed. Caroline had gone off to an apartment in another town to escape, to be safe-but Meredith had said it to her in the beginning. He can follow you to Heron, I'm sure. â€Å"He was just playing with us again,† Bonnie murmured. â€Å"He let us get this far, even going to see your grandfather, Meredith, and then†¦Ã¢â‚¬  â€Å"He must have known,† Meredith agreed. â€Å"He must have known all along we were looking for a victim. And now he's checkmated us. Unless-† Her dark eyes lit with sudden hope. â€Å"Bonnie, you don't think Caroline could have dropped this scarf the night of the party? And that he just picked it up?† â€Å"No.† The premonition was buzzing closer and Bonnie swatted at it, trying to keep it away. She didn't want it, didn't want to know. But she felt certain of one thing: this wasn't a bluff. Klaus had Caroline. â€Å"What are we going to do?† she said softly. â€Å"I know what we're not going to do, and that's listen to him,† Matt said. † ‘Try to solve it like gentlemen'-he's scum, not a gentleman. It's a trap.† â€Å"Of course it's a trap,† Meredith said impatiently. â€Å"He waited until we found out how to hurt him and now he's trying to separate us. But it won't work!† Bonnie had been watching Stefan's face with growing dismay. Because while Matt and Meredith were indignantly talking, he had been quietly folding up the letter and putting it back in its envelope. Now he stood gazing down at it, his face still, untouched by anything that was going on around him. And the look in his green eyes scared Bonnie. â€Å"I think,† said Stefan carefully, concentrating on each word, â€Å"that I am going out to the woods after dark.† Matt nodded, and like the quarterback he was, began to chart out a plan. â€Å"Okay, you go distract him. And meanwhile, the three of us-â€Å" â€Å"The three of you,† Stefan continued just as deliberately, looking right at him, â€Å"are going home. To bed.† There was a pause that seemed endless to Bonnie's taut nerves. The others just stared at Stefan. At last Meredith said lightly, â€Å"Well, it's going to be hard to catch him while we're in bed unless he's kind enough to come visiting.† That broke the tension and Matt said, drawing a long-suffering breath, â€Å"All right, Stefan, I understand how you feel about this-† But Stefan interrupted. â€Å"I'm dead serious, Matt. Klaus is right; this is between him and me. And he says to come alone or he'll hurt Caroline. So I'm going alone. It's my decision.† â€Å"It's your funeral,† Bonnie blurted out, almost hysterically. â€Å"Stefan, you're crazy. You can't.† â€Å"Watch me.† â€Å"We won't let you-â€Å" â€Å"Do you think,† Stefan said, looking at her, â€Å"that you could stop me if you tried?† This silence was acutely uncomfortable. Staring at him, Bonnie felt as if Stefan had changed somehow before her eyes. His face seemed sharper, his posture different, as if to remind her of the lithe, hard predator's muscles under his clothes. All at once he seemed distant, alien. Frightening. Bonnie looked away. â€Å"Let's be reasonable about this,† Matt was saying, changing tactics. â€Å"Let's just stay calm and talk this over-â€Å" â€Å"There's nothing to talk over. I'm going. You're not.† â€Å"You owe us more than that, Stefan,† Meredith said, and Bonnie felt grateful for her cool voice. â€Å"Okay, so you can tear us all limb from limb; fine, no argument. We get the point. But after all we've been through together, we deserve more of a thorough discussion before you go running off.† â€Å"You said it was the girls' fight too,† Matt added. â€Å"When did you decide it wasn't?† â€Å"No, it isn't!† Bonnie cried. â€Å"Did you make Elena kill Katherine?† â€Å"I made Katherine go back to Klaus! That's how this got started. And I got Caroline involved; if it wasn't for me, she would never have hated Elena, never have gotten in with Tyler. I have a responsibility toward her.† â€Å"You just want to believe that,† Bonnie almost yelled. â€Å"Klaus hates all of us! Do you really think he's going to let you walk out of there? Do you think he plans to leave the rest of us alone?† â€Å"No,† Stefan said, and picked up the branch leaning against the wall. He took Matt's knife out of his own pocket and began to strip the twigs off, making it into a straight white spear. â€Å"Oh, great, you're going off for single combat!† Matt said, furious. â€Å"Don't you see how stupid that is? You're walking right into his trap!† He advanced a step on Stefan. â€Å"You may not think that the three of us can stop you-â€Å" â€Å"No, Matt.† Meredith's low, level voice cut across the room. â€Å"It won't do any good.† Stefan looked at her, the muscles around his eyes hardening, but she just looked back, her face set and calm. â€Å"So you're determined to meet Klaus face to face, Stefan. All right. But before you go, at least be sure you have a fighting chance.† Coolly, she began to unbutton the neck of her tailored blouse. Bonnie felt a jolt, even though she'd offered the same thing only a week earlier. But that had been in private, for God's sake, she thought. Then she shrugged. Public or private, what difference did it make? She looked at Matt, whose face reflected his consternation. Then she saw Matt's brow crease and the beginning of that stubborn, bullheaded expression that used to terrify the coaches of op-posing football teams. His blue eyes turned to hers and she nodded, thrusting out her chin. Without a word, she unzipped the light wind-breaker she was wearing and Matt pulled off his T-shirt. Stefan stared from one to another of the three people grimly disrobing in his room, trying to conceal his own shock. But he shook his head, the white spear in front of him like a weapon. â€Å"No.† â€Å"Don't be a jerk, Stefan,† Matt snapped. Even in the confusion of this terrible moment something inside Bonnie paused to admire his bare chest. â€Å"There's three of us. You should be able to take plenty without hurting any one of us.† â€Å"I said, no! Not for revenge, and not to fight evil with evil! Not for any reason. I thought you would understand that.† Stefan's look at Matt was bitter. â€Å"I understand that you're going to die out there!† Matt shouted. â€Å"He's right!† Bonnie pressed her knuckles against her lips. The premonition was getting through her defenses. She didn't want to let it in, but she didn't have the strength to resist anymore. With a shudder, she felt it stab through and heard the words in her mind. For a moment, just a moment, she thought he might listen to her. Then his face went hard again and he spoke coldly. â€Å"It isn't your problem. Let me worry about it.† â€Å"But if there's no way to win-† Matt began. â€Å"That isn't what Bonnie said!† Stefan replied tersely. â€Å"Yes, it is! What the hell are you talking about?† Matt shouted. It was hard to make Matt lose his temper, but once lost it wasn't easily gotten back. â€Å"Stefan, I've had enough-â€Å" â€Å"And so have I!† Stefan shot back in a roar. In a tone Bonnie had never heard him use before. â€Å"I'm sick of you all, sick of your bickering and your spinelessness-and your premonitions, too! This is my problem.† â€Å"I thought we were a team-† Matt cried. â€Å"We are not a team. You are a bunch of stupid humans! Even with everything that's happened to you, deep down you just want to live your safe little lives in your safe little houses until you go to your safe little graves! I'm nothing like you and I don't want to be! I've put up with you this long because I had to, but this is the end.† He looked at each of them and spoke deliberately, emphasizing each word. â€Å"I don't need any of you. I don't want you with me, and I don't want you following me. You'll only spoil my strategy. Anyone who does follow me, I'll kill.† And with one last smoldering glance, he turned on his heel and walked out.

Wednesday, October 23, 2019

Scholarship Letter Sample

Sample Scholarship Inquiry Letter This letter provides a sample format for inquiring about private student aid funds. Of course, you must first identify foundations and organizations which offer such assistance well in advance of any application deadlines. You can get help finding the names and addresses of private aid sources by conducting a scholarship search on the Internet or from a reference librarian in your public library or local school.Once you have obtained contact information you will need to customize this letter to reflect your own background and needs by replacing the bracketed boldface text below. [Your Street Address] [Your City, State and Zip] [Ms. Susan B. A. Dollar] [Director of Big Money Awards] [Lots of Money Organization] [P. O. Box 9999] [Moneytown, USA 99999-9999] Dear Ms. Dollar: I am writing to inquire about any student financial assistance that the [Lots of Money Organization] may offer to college-bound students. Enter a concise paragraph about your backgr ound and goals. Try to show how you meet the requirements of the organization’s financial assistance programs. If this is a letter to find out if the organization offers aid, write a short paragraph about how your background and ambitions coincide with the mission of the organization and might qualify you for assistance that may be offered. I would greatly appreciate information about any student financial assistance available through your organization, including how I may apply for this assistance. Information about application forms and deadlines for the [20XX-XX] academic year would also be appreciated. If you require any further information, please do not hesitate to contact me by phone at [your area code and phone number] or via e-mail at [your e-mail address]. Thank you for your consideration. I look forward to hearing from you soon. Sincerely, [Your Name] Â © NASFAA 2008 1

Tuesday, October 22, 2019

Hammurabi essays

Hammurabi essays In ancient Mesopotamia Hammurabi's Law Code were just and reasonable, but the punishments were very retaliatory and barbaric. The system of laws applied to all citizens, however, punishment was not equally applied to all citizens. Punishments had social, gender and government inequality. Different social classes were not equally punished. Despite the inequalities of punishments, Hammurabi's Law Code was a new and great development. The most corrupt and controversial issues were the social or class differences. The laws are reasonable in trying to correct a wrong, but in most cases are extremely unreasonable and unfair in the application of punishment. Document (1,10) states that if a man has knocked out the eye of a patrician, his eye shall be knocked out. However, if a surgeon operates on a patrician's eye and has made the patient lose his eye, [document (1,12)] the surgeon shall lose his hands. The surgeon is held to a higher standard than a common man in the different punishment applied to the surgeon and to the common man. I believe this is very unfair and too drastic for the surgeon. The patient should be appreciative that someone is trying to save the patient's life, especially in those times. Documents (1,10) and (1,11) are more just laws except for the social class differences. They provide that if a man has knocked out the eye or broken the arm of a patrician he shall have the same punishm ent done to him. This is a more equitable and perfect punishment. The criminal's or wrongdoer's social standing, however, should have no influence over the application of the laws. In document (1,2) if a seignior is to destroy the eye of a commoner, the seignior shall pay one mina of silver, however if that same seignior destroys the eye of a member of the aristocracy, they shall destroy the eye of the seignior. These laws have been completely unfair to both parties. You can say that th ...

Monday, October 21, 2019

How to Avoid Sexist or Gendered Language

How to Avoid Sexist or Gendered Language How to Avoid Sexist or Gendered Language It was once, as James Brown sang, a man’s world. But things have changed. Women have fought against discrimination and taken their rightful place in politics, academia, business, and many other areas of life. But old attitudes live on in language. As such, we have to be careful about our word choice so that we don’t accidentally exclude or insult anyone based on sexist or gendered language. Here are some things to watch out for. Misogynistic Language It should hopefully go without saying, but some terms are inherently sexist. It would be unusual to use these in academic or formal writing, so we won’t dwell on them for too long. But in case you’re not sure, referring to Boudica as â€Å"some old hag who fought the Romans† will not win you high marks for a history essay. And not just because it’s too informal. Not a lady to mess with unless you like being run down in a chariot. Now we’ve got that out of the way, let’s look at some trickier cases of sexist and gendered language, including pronouns and generalizations. Gendered Pronouns and Words The most common problem we see, especially in academic writing, is use of gendered language. Pronouns are a great example, since the male pronouns â€Å"he† and â€Å"his† were often used to refer to any non-specific person in the past. As such, you might find sentences like this in older books: How someone solves a problem may depend on his past experience. However, the author is not discussing an actual, specific man in this case. They are just referring to a person in general, so using â€Å"his† excludes anyone who doesn’t identify as a â€Å"he.† It would be better, then, to use â€Å"his or her,† the singular â€Å"they,† or plural terms: How people solve problems may depend on their past experiences. In this sentence, we avoid gendered language, making it more inclusive. Similar problems pop up with other terms, especially those that include the word â€Å"man.† Usually, these can be avoided by picking a different word. Instead of â€Å"policeman,† for example, you could say â€Å"police officer.† And instead of â€Å"mankind,† you could say â€Å"humanity.† This doesn’t work for every word, though! The term â€Å"manhole,† for example, is still widely used. You can call it a personhole if you like, but we dont recommend it. Subtly Sexist or Gendered Language Similar issues can arise with how we describe people of different genders. A classic example is the word â€Å"bossy,† which tends to be applied to women more than men (who are instead more usually described as â€Å"assertive†). It can be a good idea, then, to think about the descriptive terms we use when writing about people. Ask yourself, â€Å"Would I use this word if the person was a different gender?† This will help you catch subtly sexist or gendered language that you might not usually be conscious of using. Avoiding Generalizations As well as being careful about picking your words, take care not to make hasty generalizations based on sex or gender. These could be sweeping statements about a whole gender (e.g., â€Å"All men are lazy†). But they can also be stated less clearly. For instance, we might say the following of someone: Despite being a man, Daniel is not lazy. In this case, the main clause â€Å"Daniel is not lazy† is fine. But by framing it in terms of â€Å"being a man,† we imply that all (or most) men are lazy. Likewise, look out for positive stereotypes, such as: Rachel will be a good instructor because women are naturally nurturing. Here, the idea of women being â€Å"nurturing† is presented as a positive. But the idea of women as â€Å"maternal† or â€Å"nurturing† may imply other negative stereotypes (e.g., that women can’t be tough or logical). As such, we should avoid such generalizations even if they’re meant to be positive! It is much better in most cases to discuss people as individuals than representatives of a gender. And if you need any help coming up with alternatives to gendered language in your writing, it never hurts to have a professional proofreader check your documents.

Sunday, October 20, 2019

How to Early Prepare for the SAT

How to Early Prepare for the SAT SAT / ACT Prep Online Guides and Tips One of the most common times to take the SAT is during junior year of high school (th grade). Is it too early to get started on the SAT preparation if you start before junior year - say freshman year or even middle school? What can you do to help with the SAT during the early years? The SAT is one of the most efficient ways to boost your chances of getting into college. I've said it before but I'll say it again: if you have spent less than 40 hours total studying for the SAT, hour-for-hour, there is NO BETTER WAY to improve your college chances than by SAT studying. Does this mean that it's not efficient to study way ahead of time for the SAT? I believe that is it not. There are a few key reasons I'll outline later, but the main logicis this: By starting to study and think about the SAT earlier, you have so many different options and interventions open to you. The old saying that a stitch in time saves nine holds particular true for the SAT. Say you find out your math score is incredibly weak: if you're a freshman or middle schooler you can actually solidly learn the underlying math content. You have the years to take that algebra class or hard math class to improve your skill. Say you find that your SAT score is strongly limiting your college options - you have so many years to fix that. Without further ado, here are someadvantages to starting early: 1. You know where you stand. Once you prepare for the SAT and take it the first time, you'll know roughly where you stand in the college admissions process. The most important advantage to taking the SAT early is that you'll know whether the SAT is a limiting factor for you in college admissions. If your SAT score is 1510 but your GPA is only 2.5 and you have two extracurriculars, then the SAT is NOT your limiting factor. You'll know that you can relax about the SAT, never worry about it again (just use your first score) and boost the other two as much as you can. Conversely, if your SAT score is 1220 but your GPA is pushing 3.9 and you have clubs up the wazoo, the SAT is a strongly limiting factor. It would be well worth your while to spend over a hundred hours on SAT study in this case. Knowing this early gives you so many advantages. You'll know way beforehand what your balance of effort should be between the SAT and other college admission factors. 2. You don't forget content. I would advise the follow ratio of content versus strategy studying depending on how far ahead of junior year you are. If you are studying junior year, I believe a 60/40 content:strategy ratio is most optimal. At this point you've already built your underlying skills for years, so content studying will have limited returns, while strategies, getting used to the timing, fatigue, and quirks of the test are a great way to get quick points. If you are studying sophomoreyear the ratio is 70/30, freshman year the ratio is 80/20, and in middle school the ratio ought to be 90/10. Why do I recommend a higher content:strategy ratio the earlier you study? The simple reason is twofold. First you forget content less through time. Once you learn how to solve a system of linear equations, you'll be using that all the time in math class, and often in real life as well. It's like riding a bicycle; you won't forget it. On the other hand, knowing a strategy like "double check at minute 20" will earn you points, but unless you're taking the SAT, you won't repeat it and so you'll forget it much faster. Second, content studying suffers less from decreasing marginal returns: strategy can only take you so far, but content can take you all the way. I would say you'll be just as efficient studying for SAT content junior year as freshman year. Start early, and begin by focusing on content. 3. You get the SAT over with Junior and senior year will already be stressful enough as it is. You'll be applying to a number of colleges, trying to get the highest GPA possible (junior and senior year GPAs matter most), and these will be your prime years to compete in a number of competitions that will be the crown jewel of your college applications. You don't want the stress of uncertain SAT scores to add to that. So study early, and you could get it over with by the time you reach junior and senior year. In fact, this is exactly the strategy I took: I look the test only once and never had to worry about it most of junior and senior year. The point of this is that it's definitely useful to get started on SAT studying earlier. Found this article useful? Get a lot more helpful with our Free SAT Ebook! // Have friends who also need help with test prep? Share this article! Tweet Dr. Fred Zhang About the Author Fred is co-founder of PrepScholar. He scored a perfect score on the SAT and is passionate about sharing information with aspiring students. Fred graduated from Harvard University with a Bachelor's in Mathematics and a PhD in Economics. Get Free Guides to Boost Your SAT/ACT Get FREE EXCLUSIVE insider tips on how to ACE THE SAT/ACT. 100% Privacy. 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Saturday, October 19, 2019

Topic of the week cultural diversity Coursework Example | Topics and Well Written Essays - 500 words

Topic of the week cultural diversity - Coursework Example Today, the same scenario exists, only the immigrants of today come somewhat illegally and bring their drug trade, crime, and uneducated ways of life with them. There is current legislation to help reform this situation. Social Forces Influencing Immigration Policies Prior to World War I, there was a huge wave of immigrants arriving from predominantly European countries. This was good, in a way, because it provided the necessary laborers for the factories and various infrastructure projects America had under construction. They were primarily young people; able bodied, with a burning desire to have a bite of the American dream. They weren’t particularly educated, just eager to take their places and create a new life for themselves and their future families. With the development of steamship travel there was a possibility for greater numbers of immigrants to arrive at one time. This brought immigrants primarily to the eastern seacoasts. Urban areas quickly filled up with immigran ts and put undue pressure on currently existing systems; health care, education, and infrastructure.

Friday, October 18, 2019

Folic acid and b12 Assignment Example | Topics and Well Written Essays - 250 words

Folic acid and b12 - Assignment Example It is also significant in the synthesis of certain pyrimidines and purines which are important elements of the DNA (Wilton & Foureur 256). Determining the level of folic acid in the serum of individuals can help determine ones choice of folate supplement that may be recommended for them to help improve their nutrition status and improve their medical condition (De Wals et al 34). If the level of folic acid is very low, the individuals may have a weak immune system because of the low levels of white blood cells in blood. This may also imply that the individual with lower levels of folic acid have poor nutritional statuses especially in the case of alcoholics. In this case therefore, it may be significant to increase the level of folic acid of the individuals so as to improve their medical situation. The type of folate to be used in this process will be based on the needs of the individuals, for instance if the white blood cells is very low, the individual may be required to be given folic acid rich in vitamin

Soot Essay Example | Topics and Well Written Essays - 750 words

Soot - Essay Example The hydrocarbon fuel molecular constitution is associated with a six carbon atom types which might be obtained, for complex hydrocarbon mixtures, such as, transportation fuels, from the proton nuclear magnetic resonance (HNMR) measurements. Soot derived from ethanol, benzene, and acetylene have dissimilar reactivity and structural order. Soot is usually produced by combusting engines, flickering candle lights, and campfires. The process of soot formation is actually very challenging to comprehend and describe. However, with regard to the demand of for much lower particulate emissions an in depth understanding is absolutely necessary. Most types of combustion systems emit particles into the atmosphere that are a major hazard because of their toxicity to the human health, especially the cardiovascular and respiratory systems. The smaller particles less 100nm in size are regarded as the most hazardous. This is because they can penetrate deep into the lungs. The proposed project aims to determine the theory of formation, structure of (via image analysis) and impact of soot, as well as assess the differences between optical and electron microscopy. Soot comprises of agglomerates with a diameter of up to several hundred nanometers. They are made of fine structures that comprise of spherical primary molecules. Soot formation commences with the pyrolysis of fuel molecules along the formation of polcyclic aromatic hydrocarbons (Vander Wal & Tomasek, 2004). The most crucial precursor in the formation of higher hydrocarbons is acetylene (C2H2). Ladommatos and Balachndran (2011) assert that the molecular structure of various hydrocarbons influence soot formation. Gulder (2007) adds that the fuel structure also impact on the soot structure. Vander Wal and Tomasek (2004) showed that the soot particles that are generated by ethanol, benzene, and acetylene have different reactivity and structural order. Soot derived

Thursday, October 17, 2019

LITERATURE AND MEDICINE Essay Example | Topics and Well Written Essays - 1500 words

LITERATURE AND MEDICINE - Essay Example J. Cronin in â€Å"Citadel† remain relevant in terms of the medical service that is available to the citizens of the United Kingdom. The excerpt for the book under evaluation is a discussion between Manson and his wife Christine regarding Manson’s intentions to change from his current mode of general practice and start a fresh initiative in providing medical service by combining the strengths of his experience as a general practitioner with those of a surgeon (Denny) and a bacteriologist (Hope). Manson goes on to justify this decision of his to his wife in the benefit that such an initiative would deliver in the form of â€Å"pooling† the knowledge that each of these specialties in medicine would offer. Such a â€Å"pooling† of knowledge would be of benefit in patient care to provide better outcomes. The existing system of medical care was in the form of the general practitioner carrying out all these responsibilities, even in specialized areas with a limited amount of knowledge, to the detriment of patient care. Manson suggests that this association of specialties into what he calls â€Å"G roup medicine† provides a â€Å"perfect answer† to the near impossible tasks that a general practitioner had to perform in patient care. Such â€Å"Group medicine would be the intermediary fresh breath of air between the monolithic state medical service and the individual effort of practitioners in several parts of the country. Manson clarifies that such Group medicine had failed to materialize only because of the attitude of those in the medical science power centers not wanting any rocking of the boat so that they would remain in control in the provision of medical services to the people. Manson believes that such an effort in Group medicine by the scientifically oriented unit would revolutionize the manner in which medical services are provided and remove the prejudices and ills that plague the medical system. There are three themes

Humanities Essay Example | Topics and Well Written Essays - 3000 words

Humanities - Essay Example tarts with a statement ‘it is a truth acknowledged, universally, that a single man in possession of a good fortune must be in want of a wife† (Austen 1813, pg. 3). This statement clearly tells us that this desire that is universally recognized. It is, however, a desire that is not inward. Not everyone who has a wealth wants to marry, if one ends up marrying and yet his desire is not to be married then it means he ends up living unauthentic life. Far from, your own true desires. You are not genuine in short. Community policies seem to dictate our lives. Most of these social rules and policies have to do with class and position in the society. If you are rich, a governor you end up relating with people of your own class and caliber. This is despite your desire to talk to the law in the society. Socially it is not accepted, and you end up being ridiculed (Austen 1813, pg. 8). The Benet family is connected to people who are in the trade. Therefore, they cannot associate with people who have inherited titles and wealth. If they do, it causes tension among aristocrats such as Lady Catherine de Bourgh. This book also shows the â€Å"polite† policies which the people engage in through the novel. For example, civilized people are expected to behave by the unspoken rules of the community. The rules are automatic. They do not show the real desires of an individual. This shows the effect of peoples beliefs. When Elizabeth is engaged to dance with Mr. Collins during the ball at Netherï ¬ eld, for example, she feels chagrin at his enforcing that request despite her obvious lack of desire for his company. Honestly, the set code of conduct as required by the society make people do things if they had a choice to refuse they would do without a blink. Nevertheless, the repercussions of refusing to act as required leave you with no other choice but to act (Austen 1813, pg. 15). Austen examines the numerous strains sandwiched between desires and â€Å"unanimously approved† like

Wednesday, October 16, 2019

LITERATURE AND MEDICINE Essay Example | Topics and Well Written Essays - 1500 words

LITERATURE AND MEDICINE - Essay Example J. Cronin in â€Å"Citadel† remain relevant in terms of the medical service that is available to the citizens of the United Kingdom. The excerpt for the book under evaluation is a discussion between Manson and his wife Christine regarding Manson’s intentions to change from his current mode of general practice and start a fresh initiative in providing medical service by combining the strengths of his experience as a general practitioner with those of a surgeon (Denny) and a bacteriologist (Hope). Manson goes on to justify this decision of his to his wife in the benefit that such an initiative would deliver in the form of â€Å"pooling† the knowledge that each of these specialties in medicine would offer. Such a â€Å"pooling† of knowledge would be of benefit in patient care to provide better outcomes. The existing system of medical care was in the form of the general practitioner carrying out all these responsibilities, even in specialized areas with a limited amount of knowledge, to the detriment of patient care. Manson suggests that this association of specialties into what he calls â€Å"G roup medicine† provides a â€Å"perfect answer† to the near impossible tasks that a general practitioner had to perform in patient care. Such â€Å"Group medicine would be the intermediary fresh breath of air between the monolithic state medical service and the individual effort of practitioners in several parts of the country. Manson clarifies that such Group medicine had failed to materialize only because of the attitude of those in the medical science power centers not wanting any rocking of the boat so that they would remain in control in the provision of medical services to the people. Manson believes that such an effort in Group medicine by the scientifically oriented unit would revolutionize the manner in which medical services are provided and remove the prejudices and ills that plague the medical system. There are three themes

Tuesday, October 15, 2019

Undercover Police Work Essay Example | Topics and Well Written Essays - 250 words

Undercover Police Work - Essay Example when unaccountability in such an area may lead to impractical situations, thereby defeating the aim and purpose of such an act being authorized in the first place. As for ethics, secret operations may be criticized on the basis that such they interfere with a person’s right to privacy and goes on tamper and infringe other’s right. This would be apparent in situations where such acts are found to be on erroneous or based on incorrect information. Furthermore, such acts lead to moral uncertainties. As such operations may lead to corruption of the police officer, disciplinary problems and psychological issues. These are clear cut suggestions that ethical problems do arise when undercover police operations take place. Even though it may be argued that facilitative operations and authorized criminality are necessary for upkeep of law, there are clear cut ethical as well as practical issues, some of which might be tackled and borne in mind before supporting such

Monday, October 14, 2019

The strange case of Dr Jekyll and Mr Hyde - Discuss the importance of London in the novel Essay Example for Free

The strange case of Dr Jekyll and Mr Hyde Discuss the importance of London in the novel Essay In this novel there are several themes, however the theme of London is one of which is key importance and significance. London is the setting of the story, and to an extent it is the foundation or basis from which the rest of the story evolves. The focus of the story is on the duality of Jekyll and Hyde. Jekyll represents the everyday rational thinking, well-mannered, respectable middle class citizen. However, Hyde represents and symbolises the inner side to most humans, he is the evil inside of Jekyll. I noticed that there were hints to this at various stages in the novel, however I believe a key one is on page 31 where it says, Now that the evil influence had been withdrawn, a new life began for Dr Jekyll. This phrase gives emphasis to the facts the Jekyll is also Hyde, but at the same time showing their differences. Even though they are physically the same person they are two separate entities. This is a connective to the theme of London as this city is one of which has respect both internally and externally of Britain, in the Victorian day and age. This refers to the figure of reputable Dr Jekyll. None the less London also has the element of being a ruff, dangerous and gloomy city that symbolises the evilness of Mr Hyde. Due to the fact that Jekyll is seen to be respectable, well liked and warming we never really look for the Hyde beneath his surface. Hence we do not try to find the evil in something, which seems so indefinably good. Again this is relative to London because when people visit London they go to the nice, indulging places and do not see the grim side of things. London is used as a foundation to the novel as is enables readers to feel a sense of emotion, tension and tone. This builds up the atmosphere and we get a feel for the mood and characters feelings as a result, for example on page 23 it says, The dismal quarter of Soho seen under these changing glimpses like a district of some city in a nightmare. This gives the reader a chilling affect and allows them to almost feel as though they are present. This is a reflection on the dark and grim side of this huge city. A quote which shows Dr Jekyll had a reasonably good standard of living comes from page 16, Round the corner from the bystreet, there was a square of ancient handsome houses a little further on it continues at the door of this, which wore a great air of wealth and comfort. This builds up Jekylls profile before we are even introduced to him as a character and puts into our minds that this is a man who is known only for good. From this we can see that you are partly judged and viewed on your assets and the location in which you live. Another reason why London is so essential to the reader is given a profile partly due to the way the environment looks. For example; the difference in the appearance of buildings in London helps to create an idea of what a specific place is like. I.e. the Victorian London with two very different sides. This once again relates back to the idea that London symbolises the characters of Jekyll and Hyde. Jekyll is supposedly has decent looks whilst Hyde is defined as being pale and dwarfish, he gave an impression of deformity without any nameable malformation (16). Hence this shows how the duality of humans can also be reflected by a location, in this instance I refer to Jekyll and Hyde in London. I believe that the author Robert Louis Stevenson used London as the setting of the story for a couple of reasons. I think that the first reason is that Stevenson was aware of Victorian London and what it was like. The second reason is because Stevenson knew that many people could relate to London as it is widely visited and talked about. This in affect is a writers tool, which helps to draw the reader into the novel. It also helps because it means that the writer does not have to set the scene himself, it has already been done. Settings help to identify what the story is about, along with the way in which it is written. Overall I believe that London is a key element to this tremendous novel, and if the story was based on any other city I do not believe that it would have had the same impact on the readers. In conclusion London is the spine to this book, which helps emphatically because it gives a good base for the theme of duality, which another key part of the novel.

Sunday, October 13, 2019

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,