Recession in economics Essay

Recession in economics is generally used to refer to a situation at which a nation’s gross domestic product has sustained a negative growth. The use of generally is due to the fact that different economists can describe recession in different ways. The agency responsible for declaring a nation’s economy is at a state of recession is mainly the NBER other wise the National Bureau of Economic Research. It has been argued that the normal recession occurs when the natural growth rate of is less than two percent in average and it lasts virtually over one year. There have emerged various debates concerning the causes of recessions however, the generally agreed cause of recession is mainly by the actions taken with an aim at controlling the supply of money in the economy. The Federal Reserve is mandated with the responsibility to maintain the balance between money supply, inflation and interest rates. The moment the balance is lost in this equation,the economy can run out of control forcing itself to balance. This is exactly was experienced by many nations in the year 2007. The Federal Reserve monetary policy injected significant amount of money supply in the money market. This kept the interest rate low while at the same time the rate of inflation continued to rise. This together with relaxed policies that govern the lending practices made borrowing of money easy thus the economic activities became unsustainable and consequently leading to the economy coming to a stand still. Other minor factors that cause the economic recessions could be the presence of wars or the increase of oil prices. They are however, short term and correct themselves in a faster way. A recession can always be spotted before it occurs. It is possible to oversee an economic scale changing especially in quarters coming before the actual onset. Some these signs may include,high levels of unemployment, decline in stock market, decline in housing prices and lack of foreign investment among many other factors. A global recession is generally a significant fall of economic activity that is spread across the world’s economy. It should last more than three months and is usually more visible in a nation’s gross domestic product, industrial production, real income in addition to wholesale and retail sales among others. Recessions normally starts immediately after the economy has reached a peak of activities and comes to an end as the economy reaches its trough. It is involved with simultaneous declines and falling of commodity prices otherwise called deflation. Alternatively, it may be a sharp rise of commodity prices also called inflation mostly in a process called stagflation. A severe recession may be referred to as economic depression. Global recession usually is estimated to occur over a cycle that may last between eight to ten years. It has been said that during the last three decades, the world per capita output growth has been either none or negative. Most of the global nations have been affected by the recession both the developed and the developing nations. If nations like the US, UK and Australia among other nations can feel the pinch,what about the poor countries in the developing world? The recession of the early year 2000 was mostly felt in western nations. It affected the European Union during the year 2000 and 2001 as well as the US in the year 2002 and year 2003. Countries like Australia and Canada avoided the recession for the better part of the time. Russia began to prosper while Japan continued with its 1990s recession. This recession did not meet the economists by by surprise. They had predicted it following the 1990s boom which had the experiences of both low unemployment and low inflation. In the United States of America, the recession was took the form of large layoffs and outsourcing in addition to formally highly paid employees who are being coerced into less paid service positions. In answering the Alan Greenspan question, it is actually becoming clear that Europe is not an exception of the global recession. The previous confidence enjoyed by the UK housing market has fallen especially in march to the lowest point in the last three decades. Other countries like Ireland and Spain have housing markets that have fallen over the last decade to the earth. There is a prediction that these and other nations might possibly experience a wholesale collapse. Once the housing markets more so in eastern Europe as well as Baltic estates are experiencing a significant cooling,the western European have now stopped buying properties places like Estonia, Warsaw and other places. In southern China and in India,the prices are no more surging. The stock markets have experienced sharp down fall after reaching high levels thus people do not have money to buy what they want vivid example is the slowing down of sale of apartments in Hong Kong which is usually a very hyper active market. Britain have had one of the most robust housing markets in Europe with little of an oversupply than in Spain. According to Alan Greenspan who was the former chairman of Federal Reserve said that global recession might create backlashes that might force nations to retreat from the worldwide markets. This decade’s early years global recession have had little effects on the Eastern and Central Europe’s export markets. The first phase of the financial gloom spared this region which affected the initial public offerings, acquisitions and mergers. It also experienced a few multinationals scrapping projects and cancelling of planned investments in addition to scaling back the oversees expansion. A study conducted by Vienna Institute of Economic studies in year 2003 showed that the FDI flows to the nations of central Europe were halved in the first three months of year 2002 in spite of their well grounded and looming European Union membership. During the years 1999 to 2003,there were frequent delays in export transactions. Privatization also attracted little interest. It is of no doubt that Europe is headed for a recession.

Describe and Explain Variations Between New and Old Social Movements Essay

Social movements are groups or organisations that focus on particular political or social issues. The two main types of social movement, Old Social Movements and New Social Movements, share similarities but also have noticeable differences. Bagguley argues that Old Social Movements are mainly influenced by class and economic factors. Many OSMs take the form of Trade Unions. For example, there are several teachers unions in the UK, such as NASUWT and NUT. Because of this the social base of OSMs is largely working or lower middle class. In comparison to this, Hallsworth describes New Social Movements as groups which challenge the established political and cultural order in society. NSMs deal with issues that have arisen in western society since the 60s, such as feminism, environmentalism, gay rights and anti-racist groups. And as these issues effect people from all walks of life, New Social Movements attract people from all classes. In addition to this, NSMs often have global appeal as they transcend not only social class but race and nationality too. For example, LGBT parades and protests happen across the world as the movement is one that can unite people globally. A further difference is that Old Social Movements tend to be insider groups whilst NSMs are considered outsider. OSMs are viewed as expert and professional, often having links with those in powerful positions. For instance, Trade Unions sometimes have links to Labour politics, with TULO (The Trade Union & Labour Party Liaison Organisation) coordinating the activities of trade unions that affiliate with the Labour party. This means that many Old Social Movements have the power to influence important decision and law makers. On the other hand, outsider groups are those that have little to no access to decision makers, and these tend to be New Social Movements. These movements have little access to powerful people as they’re viewed as too extreme or go against the aims of those in power. One extreme example of an outsider group is the IRA. The organisation seeks a united Ireland but has been considered an illegitimate organisation by the British government due to its violent methods that are unacceptable in a democratic country. However, the status of groups can alter. For example, in the 70s many environmental NMS were considered outsider groups and yet today political parties often seek their advice. Despite these differences, however, NSMs and OSMs do share some similarities. Both types of organisation aim to bring together and unite people with common goals and interests. In addition to this, the way in which they try to achieve their aims are often similar. Teachers Unions like NASUWT and NUT have staged several strikes over the last few years due to issues with teacher’s pensions, pay and working conditions. Their tactics are peaceful and civil and, with the exception of a few extreme cases, the same can be applied to New Social Movements. In conclusion, therefore, differences between Social Movements include their social base, their ability to influence those in power and their global appeal. However, it can often be difficult to pinpoint exact differences between the two kinds due to shifts and changes in public and political opinion over time. It is clear, however, that the majority of both NSMs and OSMs have one main goal: to unite people and bring about change to help increase equality in society.

Critically evaluate the advantages and disadvantages of 'universal' Essay

Critically evaluate the advantages and disadvantages of 'universal' and 'contingent' approaches to human resource strategy. Give examples to illustrate your answer - Essay Example ies are facing increasingly complex and dynamic business environment necessitating change in their ways they operate in harnessing their resources including human resources. The main objective behind HRM is to ensure organizational success through its people (Armstrong, 2006). The paper aims at exploring the advantages and disadvantages of universal and contingent approaches to human resource strategies that are currently practiced. Caldwell (2004) argues that HRM is concerned with several policy goals to be listed as: managing people as assets to build competitive strength; aligning corporate strategy and HRM policies; creating a flexible organisation responsive to external environment; to promote more cohesive team working; creating a strong customer orientation; empowerment to workforce for self-management and learning; institute proper reward system to develop a performance-driven environment; enhancing employee commitment within the organisation. Companies attempt to achieve these goals either through universal also known as best-practice approach to human resource strategies or take a diversion from it and deploy contingent approach to human resource strategies depending upon the need or the type of business they operate. Universal or the best practice approach is based on the basic premise that adopting certain proven HRM practices will inevitably lead to superior organizational performance. For example, most firms in 1960s and 1970s and a huge proportion even today adopt a sophisticated selection and recruitment processes so that the best from the available lot is selected. Induction programme is also sophisticated providing necessary training to the recruits so that they can accomplish the task given to them. The appraisal system is quite coherent so that none has reason to complain. Workforce skills are allowed to develop such that they attain flexibility. Comprehensive and frequent communication to workforce is maintained. All employment terms and

Wireless Communication Essay Example | Topics and Well Written Essays - 500 words

Wireless Communication - Essay Example Since for full mesh network topology every node must has a circuit connecting it to every other node in a network hence it is a very expensive to implement. Ring Topology In ring topology all devices are connected to one another in the shape of a closed loop, so that each device is connected directly to two other devices, one on either side of it. Advantages and Disadvantages Ring topologies are relatively expensive and difficult to install, but they offer high bandwidth and can span over large distances. Ethernet A most widely implemented local-area network (LAN) architecture developed by Xerox Corporation in cooperation with DEC and Intel in 1976 is termed as Ethernet. It uses a bus or star topology (as shown in fig. 1) and supports data transfer rates of 10 Mbps. A newer version of Ethernet called 100Base-T supports data transfer rates of 100 Mbps while the latest version, Gigabit Ethernet has data transfer rates of 1 gigabit (1,000 megabits) per second. The Ethernet specification served as the basis for the IEEE 802.3 standard, which specifies the physical and lower software layers. Ethernet uses the Carrier Sense with Multiple Accesses with Collision Detect (CSMA/CD) access method to handle simultaneous demands.

Monopoly market Research Paper Example | Topics and Well Written Essays - 1250 words

Monopoly market - Research Paper Example In this essay paper, a closer look at impacts of monopoly in businesses is evaluated. Additionally the paper also reflects on the numerous roles of such a business and its negative impacts to the economy. Due to the current global concerns on the environment, many firms have turned to investment that advocate for a green economy. Through such initiatives, many firms have identified different business opportunities that promote such an initiative. At the same time, this has remained an area of just a few people including the early innovators who have ventured into upbringing of new ideas in business. Mostly, many of the existing firms in the automotive industry, for instance, have ignored such opportunities due to the lack assured markets if such products were manufactured. But for such a field, this continues to provide opportunities for many firms with interest to venture into an area that remains dormant, especially if the firm can provide products that prove to be unique. The concept monopoly in business has constantly drawn a lot of concerns among investors in both the public and the private sector. The consumers have also not been left out as they continue to carry the burden of inflated prices for goods and services from the monopolist. Through out the United States, for instance, many monotonous firms have frequently taken advantage of being singled out in the business competitive market. In such a case, many of these businesses have turned their investments into a huge business empire (Rugman & DCruz p.87). In such a market, the consumers have severally raised their concerns on exploitation by such firms due to inflated prices. Due to these reasons investing in such firm would require research to be carried in order to identify key areas of concerns by the consumer. Consumer research is necessary before such an investment. By understanding the consumers needs, investment in the carbon-free market

A literature review Research Paper Example | Topics and Well Written Essays - 750 words

A literature review - Research Paper Example In this essay, the implications of the theory with respect to person, health, nursing and environment will be discussed through review of a peer review article "A comparative analysis of Orem's self-care model and Peplau's interpersonal theory". As a nursing theorist and educator, Dorothea's first book came out in the year 1959 as a government publication and it was called "Guides for Developing Curricula for the Education of Practical Nurses." Dorothea then went on to receive a Doctorate on her theory from the Georgetown University. The book, "Nursing Concepts of Practice" was published in the year 1971 (Comley, 1994). From then on, series of the theory were being published, the last edition being in 1999. The Orem's self-care model of Nursing incorporates 3 subtheories: self-care deficit, self-care and nursing systems (Comley, 1994). According to the self-care deficit subtheory, "individuals may experience self-care limitations related to their health state and may benefit from nur sing provision of this care or augmentation of their own self-care efforts" (Comley, 1994) The theory considers care of one-self and that of dependents as a type of learned behavior which causes regulation of the structural integrity, development and functioning of the humans. The nursing system ensues at that point of time when the nurse intervenes with the patient either to prescribe medication or to provide care that is intended to take care of self-care deficit and regulate his or her own capabilities of self-care (Orem, 1985; cited in Comley, 1994). Dorothea Orem considered all human beings as basically biopsychosocial beings with capabilities and willingness to take care of themselves and also be dependent on others. It is through these capabilities that human beings live and maintain health. The ultimate aim of these capabilities is to meet 3 groups of needs, which are known as 'self-care requisites' and they are universal, developmental and health deviation (Orem, 1985; cite d in Comley, 1994 ). The requisites of universal self-care mainly address needs which are necessary for physiological and functional aspects of a human being and include maintenance of food, shelter, air, water, rest, solitude, activity, rest, interaction in a social perspective, prevention of hazards and facilitate various functions of the human being (Comley, 1994 ). On the other hands requisites pertaining to developmental aspects are those which are essential to sustain through the life cycle of human beings and include environmental and other conditions which facilitate growth and development. The last requisite, the health deviation self care needs mainly addresses the rise in demands which ensue following experience of illness or disease (Orem, 1985, cited in Comley,

Rich Dad Poor Dad Essay Example | Topics and Well Written Essays - 750 words - 1

Rich Dad Poor Dad - Essay Example He tells the reader that financial literacy and intelligence is important in acquiring wealth. According to him, the difference between the rich and poor is that the former has financial education. The author wants to express that the rich people have their own businesses and poor people work for people. For this one need to have determination and drive. According to him, people can have tax advantages by owning business. The author states that owning a corporation, one get access to tax breaks that is not available to employees. By starting business, rich people make money using their skill and opportunities. The employees need to use their current job to learn skill and proceed to start business of their own. People need to acquire wealth in the right way that is by using education, intelligence and experience which are the key elements in the book. The philosophy of acquiring wealth by the author is justifiable as it makes sense and seems practical. A person can work for ages in a career and earn nothing. He might have the experience, talent and drive for it but may hesitate to start a business for lack of confidence or money. One needs to be financially independent which means that without it people can never prosper in life. Many investment opportunities are available which can help people to start business. Moreover the financial literacy is an important aspect to become rich. A person needs to enhance his financial knowledge to acquire wealth. Only having money would not make one acquire wealth but he needs to use it in a constructive way. The entrepreneurs get the advantage of tax and this is one thing missed by the employees. The author is right in saying that one need to make use of opportunities to acquire wealth. Wealth never comes by its won it need her work, intelligence, determination and risk taking. Rich people invest money and make others work for them. Rich

Piece Essay Example | Topics and Well Written Essays - 1250 words

Piece - Essay Example Although there are other minor scale symphonies attributed to Mozart’s name but there are doubts as to authenticity. However, Symphony Number Forty and Symphony Number Twenty Five are minor scale symphonies both authentically attributed to Mozart (Zaslaw). This paper will explore Mozart’s biography, his Symphony Number Forty in terms of its historical context and its description in order to bring out the nuances in this great musical piece. Mozart’s Life and Times It would not be unjustified to term Mozart as one of the chief canons of Western classical music. Mozart hailed from a period when Europe was teeming with musical activity. Mozart was aided in his musical endeavours at an early age by his family background. Wolfgang Mozart’s father, Leopold Mozart was a practising musician and was quick to realise his son’s talents early on. Mozart was encouraged to take up music at a very early age and was able to compose as early as five years old. The e arliest demonstrations by Mozart were based on the violin and the piano and this left quite a strong impression on the maturing Mozart later. The early works of Mozart tend to revolve around the violin and the piano in large part especially his concertos. ... Mozart moved into the Austrian capital and was soon on his way to fame although Mozart’s financial troubles were far from over. The prolific character and the quality of Mozart’s work were able to project him into the limelight in Vienna and around. However, forbidding circumstances such as the Austro Turk war from the same era proved to be a drain on the fiscal resources of Mozart’s patrons. Consequently, Mozart found himself in fiscal trouble for some time. Eventually, Mozart’s circumstances began to recover but the great composer was soon claimed by a mysterious illness. Wolfgang Mozart died in 1791 at age thirty five. Mozart’s untimely death has been the subject of much speculation over the years and most people consider his early death a setback to Western classical music (Robbins). History of Symphony Number Forty The origin of Symphony Number Forty has been traced to Mozart with authentication. The symphony was noted down by Mozart in his per sonal notebook on July the 25th, 1788. It must be noted that Symphony Number Forty hails from one of the most prolific periods in Mozart’s life. The period in which this symphony was created consisted of only a few weeks but works from this period by Mozart are hailed as masterpieces in their own right (Deutsch). Symphony Number Forty has come under debate for Mozart’s personal viewership. It has been argued that Mozart was never able to hear his Symphony Number Forty performed during his lifetime. The time between the composition of Symphony Number Forty and Mozart’s death is brief so it is argued that Mozart died before any large performances of Symphony Number Forty. However, there are other commentators who reason that Mozart was party to Symphony

Empires, Product Lines, Stewart Brand and Kevin Kelly Essay

Empires, Product Lines, Stewart Brand and Kevin Kelly - Essay Example What made the British Empire great was the fact that it formed the backbone of industrialization in this world. They were the cornerstone of industrial towns, developed cities and advanced water transport (Black, 2001). Everything the empire’s regime did was stored secretly not wanting any other empire to steal their secrets, which they did extremely well. The Japan Empire The Empire of Japan also known as the Empire of the Rising Sun was both an empire and world power, which existed from the Meiji reinstatement on January 3rd, 1868, to the endorsement of the post-Second World War Charter of Japan on May 3rd, 1947. Colonial Japan's fast militarization and industrialization under the slogan Fukoku Kyohei led to its surfacing as a world power, ultimately culminating in its association in the Axis alliance, as well as the subjugation of a large fraction of the Asia-Pacific expanse. At the summit of its authority, in 1942, the Japanese Empire administered over a land spanning 2,85 7,000 sq mi (7,400,000 square kilometers), which made it one of the leading marine empires in history. The Japan Empire was known mostly for its telecommunication advancement (Black, 2001). The Empire of Japan had a remarkable tally of technological accomplishments, and a remarkably well-equipped military. The army was advanced, but extremely oriental and traditional beyond the rank of other top rated empires. Even though, instead of having bullets, ballistic shells, missiles, warheads and other more straight based weapons, they created hi-tech arms, which armed the Imperial Japanese Forces technical fighting skills needed to defeat any superpower... Empires, Product Lines, Stewart Brand and Kevin Kelly Apple Inc., ever since it started its operation in the 70s, has had a magnificent timeline, which people could consider as a success to the company (Isaacson, 2011). In the 70s, the company produced numerous computing machines such as the Apple I, Apple II, Disk II, which was a driver, and Apple Writer computer software. In the 80s, the firm launched the Apple III computer. It also launched the IB modems, Monitor III, IIA printers, Apple Image writer, Macintosh (128K), AppleColor Composite Monitor and AppleShare Server 1.0. The firm also launched, in the 80s, Macintosh Portable, Apple FDHD SuperDrive and Apple Scanner. In the 90s, the firm launched Macintosh IIfx, Macintosh Classic II, the PowerBook series from 100 to G3, Apple Design Powered Speakers and the Workgroup Server series from 60 to 8550 (Isaacson, 2011). Also, they came up with the Apple Network Server 700/200, eMate 300, Power Macintosh G3 desktop, Power Macintosh G3 minitower, Twentieth Anniversary Macintosh, iMac G3, i Book, iMac (slot loading), Cinema Display (22"), as well as the Power Macintosh G4 Graphite. All these were inventions that took place before the new millennium. They were considered as landmark inventions to such a small established company in the field of IT. However, the 2000s has seen the popularity of Apple Inc. rise to another level. The Big-Kids computing world managed to arbitrate between the numerous computational roles, which could not be reconciled in a more direct manner through making the Apple’s materials a must-have item.

Analyze an evaluate the impact of volunteer tourism on host Essay

Analyze an evaluate the impact of volunteer tourism on host communities - Essay Example Introduction Volunteer tourism refers to the travel to destinations not only for leisure but also to participate in charitable projects, in which the traveler is interested, on a voluntary basis. This is therefore a form of tourism that poses both the tourist and the host to vast social interaction, leading to cultural exchanges and understanding of each others’ ways of living. These interactions are bound to result to modifications in the host environment (destination) depending on the types of projects participated in and their levels of intensity (Guttentag, 2009). Besides social interaction, this type of tourism has a range of impacts both beneficial and detrimental to the local community. Positive impacts include cultural identity, cross cultural awareness and appreciation, economic development of the local community (depending on the kind of activities participated in), global interactions, job creation which finally eliminates the problems of unemployment and poverty in the destination area (Guttentag, 2009). ... so exposed to higher levels of environmental pollution owing to the tourists way of life that encourages plenty of garbage disposal from packed and carry-away foods, the containers of which if not well disposed leads to increased pollution. This paper seeks to analyze the possible positive and negative impacts of volunteer tourism to the host community in a wider detail while at the same time evaluating them in a sustainable approach that will provide an attainable balance of tourism and its activities/projects. Background of Volunteer Tourism In the 19th century, voluntary activities had their emergence from the altruistic and missionary movements so as to curb the very specific and clear class divisions that existed in the society. Many institutions created to curb these divisions relied on volunteer workers. In the second half of the 20th century, volunteer sector and international tourism growth as a social phenomenon changed. Mass tourism growth exposed tourist to international cultures in an uncontrolled and exploitative manner. With the emergence of concepts like eco-tourism, responsible tourism and sustainable tourism as the alternatives to mass tourism, the media played a key role in exposing the exploitation of resources and communities on a global scale and the very clear divisions between the poor and the rich. The success of international initiatives to provide promotional outlets for the voluntary and charity contributions saw the growing attention to goodwill activities. (Michelle Callanan, 2009) In the recent past charities have teamed up with tour operators to create combined fundraising and adventure holidays with an aim to promote an image of ethical and social responsibility. The motive for tourists to engage in voluntary tourism originates from

The Women of A Midsummer Night’s Dream Essay Example for Free

The Women of A Midsummer Night’s Dream Essay William Shakespeares plays often pitted men against their women in order to move the action of his plays. Strong women, however, often seemed to move against each other, as well as moving against the their male relatives and the current or future mates. The women in Shakespeares plays were not afraid to compete for knowledge, power, men, or any or all of the three. Both Titanias persistence and the competition between Hermia and Helena are evidence of how the so-called weaker sex is actually the controlling sex in Shakespeares play A Midsummer Nights Dream. It Hermia’s own series of choices that lead to the four lovers being present in the woods. Demetrius, Egeus, and Theseus might believe that they are in control of her future when they sequester themselves to converse, their control over her ends the moment that they leave. The contrast between Hermia and the men is evident, even in that scene; although she is willful, the older men are guided only by laws, Demetrius is arrogant and willing to see her put to death if he defies her, and Lysander is weak-willed. Although his idea is that which is implemented as the resolution to Hermia’s problem, it is he who laments all of the difficulties that come with love, while Hermia is the one who points out that it is necessary to persevere (1.1.132–134). It is also Hermia’s willingness to pass her plan on to her former friend, Helena, that encourages Helena to develop a plan of her own, with Demetrius being none the wiser over being manipulated. The women’s power may extend, at least somewhat, from loyalty. When Hermia and Helena were friends they had a strong union, sharing everything. Shakespeare describes them as unified, Both on one sampler, sitting on one cushion, Both warbling of one song, both in one key, (3.2.205-206). Maturity, however, changes this relationship as sexual politics takes the place of their original loyalty. The bond between dissolves when a man, Demetrius, comes between them. Without this loyalty, the women lose much of their power. When Helena makes plans to manipulate Demetrius without concern over Hermia’s safety it is then that events put into play by Oberon’s machinations, overwhelm them. Similarly, Oberon perceives Tatiana’s strength as coming from the loyalty to a woman, the Indian prince’s mother, who was a worshipper of hers. When she refuses to give Oberon the child to be his knight, Oberon plans to take the child by force. As with Demetrius, Egeus, and Theseus in the beginning, Oberon wishes to seize loyalty through force. Oberon’s decision has far-reaching and chaotic effects, just as Helena’s plan to force affection does. Interestingly, although love moves the action of the play it is manipulation that eventually brings the events to a close. Lysander’s plan to manipulate the law, Helena’s plan to manipulate Demetrius, and Oberon’s plan to manipulate Titania all succeed, while the original bonds of loyalty are lost in the chaos that takes place in Act 3. Ultimately, this play shows that loyalty can shift; however, the individuals are stronger when they are loyal to someone than when they are not. Helena and Hermia, once so close are now completely at odds. Hermia has not only attacked Helena over her loss of Lysander, but she also mocks Helena’s desire to repair their relationship (3.2.317). Because of Oberon’s successful manipulation, Titania’s loyalty to the child is also severed. However, it is only after this destruction that newor renewedbonds of loyalty are forged. The four lovers are successfully paired with their â€Å"correct† mate. Titania is no longer at odds with Oberon. The only thing that remains lost, however, is the loyalty between women. Having lost that bond, all three of the women, strong at the beginning of this play, find themselves under the control of their husbands. Love, loyalty, and feminine strength are apparently only part of a dream, which, as Shakespeare has demonstrated, is not always a pleasant dream.

Changes to Bone Density Throughout the Lifespan

Changes to Bone Density Throughout the Lifespan Bone age is defines as maturity of children’s bone. It is the average age at which the child bones matures, after the birth in the long bones only metaphyses is there (eg: radius and ulna, Humerus, tibia, femur, fibula, phalanges). In long bones initially there is elongation of epiphysis. As the age progress the calcification of epiphyses occurs and it is evident on the x-ray. During puberty the bone development progress due to various hormones. The adult height is achieved after the puberty and the shape of adult bones appears during this period. The cartilaginous part of epiphyses become thinner and these areas become obliterated, during this time epiphyses are closed and no further growth of bones occurs. X-ray of wrist is taken because it depicts multiple bones and it can be compared with standard atlas of bones by using Greulich and Pyle method. The bones which occurs common changes as the age progress from infant age is seen maximum in pelvis and shoulder, the least changes are seen in wrist of infants. During infancy if the assessment of bone is required the wrist or hand x-ray can be done. The height possibility can be calculated with the help of height of the child and bone age. Various graphs and statistics are prepared to depict the % if height growth remaining as per the bone age. Various tables for girls and boys are available (bayley pinneau tables, Greulich pyle atlas). Constitution growth delay: Normal development variation with delayed bone maturation. It is due to growth hormone deficiency, hypothyroidism. Measurement of bone age is used for reliability in diagnosis of endocrine diseases and hereditary disease Bone age evaluation is usually done by radiological examination of the skeletal development of the left-hand, and then it is compared with the chronological age. Any abnormality in between these two values indicates abnormalities. This examination is used due 1) simplicity, 2) a minimum radiation exposure; 3) ossification centres are easily available. There is no standard clinical procedure in bone age assessment, even if the most used methods are: 1) the Greulich and Pyle (GP) method and 2) the Tanner and Whitehouse (TW2 or TW3) methods. Both methods rely on X-Ray images taken from the left hand, but both methods have differences. The Greulich and Pyle method is the most often used approach (by 76% of radiologists), because it is faster and easier to use with respect to the TW2 or TW3 methods, since it involves only the comparison of the whole hand with a reference atlas. TW3 method is a commonly accepted procedure in which the guidelines to analyze each bone are de-scribed using words (natural language descriptions), sometimes in a vague way. In addition, one particular bone may show features belonging to different stages or a particular bone shape could be classifiable into two possible predefined labels of the same feature. Bone age assessment automatic process. Image source: S. Aja-Ferna_ndez et al. / Journal of Biomedical Informatics 37 (2004) 99–107 TW3 methodology for bone age assessment consists of a set of rules, expressed in natural language, to describe the prototypical characteristics of the bones of a hand radiograph as they evolve in time. Natural solution is to use the method itself, i.e., to build one classifier for each bone, with 9 outputs (the possible classification stages for each bone—A,B,. . .,I—), except for the ulna, which only has 8 stages. In TW3 method there are two possible analytic schemes, 1) RUS, uses 13 bones (the phalanges, radius, and ulna). The other one uses 20 bones (the 13 bones previously defined and the 7 bones of the carpal region). Maturity stage for each bone in TW3 is calculated from linguistic statements. Stage D. The maximum diameter is half or more the width of the metaphysis. The epiphysis has broadened chiefly at its lateral side, so that this portion is thicker and more rounded the medial portion more tapering. The center third of the proximal surface is flat and slightl y thickened and the gap between it and the radial metaphysis has narrowed to about a millimeter. Stage G. The dorsal surface now has distinct scaphoid lunate articular edges. The medial border of the epiphysis has developed pal-mar and dorsal surfaces for articulation with the ulnar epiphysis; either the palmar or the dorsal surface may be the one that projects medially, depending on the position of the wrist. Overall, six features can be defined that capture all the text information, so they are sufficient to define each possible state. Epiphysis is absent or present. If it is absent, the output stage is A. If it is present but is small and hardly visible, the output stage is B. If it is present and well-visible, the output stages are from C to I. Separation. Relative position of epiphysis and me-taphysis: separated (stages B, C, D, E, F, and G), cap-ping (stage H), or fusion has begun (stage I). Shape of epiphysis I. Oval (stage C) or sharp (stages D–I). Diameters. Ratio between diameters of metaphysis and epiphysis. Shape II. A ‘‘sharp’’ epiphysis can have a regular outline (stages D and E), can be adapted to the metaphysis shape (stage F), or can have the articulations form (stages G, H, and I).Surfaces. Representation of inner surfaces. They can be absent (stages B, C, and D) or present as a white line (stage E), two white lines (stage F) or a c-shaped surface (stages G, H, and I). The feature values for each stage are shown in the table: Stage Presence Separ. Shape I Diam. Shape IISurf. No B Small (Yes) (oval) > 2 (no) C Yes Yes oval > 2 no D Yes Yes sharp 6 2 regular no E Yes Yes sharp 6 2 regular 1 line F Yes Yes sharp 6 2 adapted 2 lines G Yes Yes sharp 6 2 articulation c-shape H Yes capping sharp 6 2 articulation c-shape I Yes fusion sharp 6 2 articulation c-shape However, these features are not independent. As a matter of fact, some of the features are self-excluding: Shape II only takes on values when Shape I is sharp and Separation is only defined for a present epiphysis. Consequently, these features can be merged, a fact which contributes to simplify the classifier. After the fusion process, the resulting feature set is: Epiphysis. Absent or small and, otherwise, what matters is its relative position with respect to the metaphysis (separated, capping, fusion).Shape. Outline shape of the epiphysis (oval, regular-sharp, adapted-sharp, articulated-sharp).Diameters. Ratio between metaphysis and epiphysis diameters. Surfaces. Inner surfaces (absent, 1-line, 2-lines, c-shape). The new features values for each stage are now: Stage Epiphysis Diameters Shape Surfaces A Absent 1 (oval) (absent) B Small 2 (oval) (absent) C Separated > 2 oval absent D Separated 6 2 regular sharp absent E Separated regular sharp 1 line F Separated adapted sharp 2 lines G Separated _ 1 articulation-sharp c-shape H Capping _ 1 articulation-sharp c-shape I Fusion _ 1 articulation-sharp c-shape Advance bone age: Prolonged increased in sex steroids production levels: CAH (congenital adrenal hyperplasia) Precocious puberty Genetic overgrowth syndromes: Beckwith Wiedemann syndrome Marshall Smith syndrome Sotos syndrome

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,