Breastfeeding Vs. Formula Feeding Essay

Feeding your new baby is one of the first activities you accomplish as a mom. As a new parent, it is your responsibility to make sure your baby will get off to a good nutritional start. To do that means, you must decide what is best for you and your baby, whether to breastfeed, or to formula feed. Both choices have pros and cons, but it is totally up to you to choose which is best for you and your child. There is no doubt that breastfeeding contains all the nutrients your baby needs for proper growth and development. Studies prove that breast milk provides optimal health benefits for your newborn. Mother’s milk is easily digested, has perfectly matched nutrition for the baby, and is filled with antibodies that protect against infection. Further more, breastfed babies are less likely to suffer from ear infections, diaper rash, and intestinal upsets. In addition, breast milk offers immune system boosters and fatty acids specific to humans that promote optimal brain growth. Not only does breastfeeding benefit your baby, it has many advantages for you. Breastfeeding is convenient. There is no need to get out of bed at 2 a.m. to prepare a bottle. All you have to do is hold your baby to your chest and feed. Next, breastfeeding is very economical. Since breast milk is self- produced, you don’t need money to buy an endless supply of food. Last, breastfeeding is helpful in the process of returning your body to its normal state. While feeding, hormones are produced that make your organs contract into their natural size. Formula feeding, though, is a good alternative for mothers who are unable to breastfeed due to a variety of reasons. For instance, some women are unable  to produce milk. Certain breast reduction surgeries with nipple relocation could be an example of this situation. Also, any medication taken by a mother can be transferred through breast milk to the infant. So, if you are taking treatments such as, antibiotics, or anti- depressants, it would be best to formula feed because those drugs can enter your child’s system through breast milk. Also, formula feeding can be a better alternative for mothers on the go. If you are a working mother, in school, or otherwise away from your child for long periods of time breastfeeding can be burdensome. Your child will cry for you, and your breast will leak in desperation for your baby. By formula feeding, you are given the chance to be away from your child, without worrying about him, or her crying for you. Their care- giver can prepare a bottle, and your baby’s hunger will be satisfied. For the first few months of the baby’s life, it seems as if all the baby does is feed. But, your baby gets a lot more than nutrition from meals; Feeding your baby by breast or bottle also gives you and your child the cuddle, closeness, and bonding time necessary for a growing mother/child relationship. Your choice whether to breastfeed, or formula feed is exactly that†¦your choice. It is entirely a personal decision. You should look deep inside and decide what is best for you. Whatever you choose, it is the right decision, because you made the choice for yourself.

Pros and cons of immigration to Asoa

This essay gives some general ideas guarding to the pros and cons of immigrating to an Asian country. Better opportunities for future development is the most important reason for people to immigrate to Asia. In Asia, there are many developing countries like China and the Philippines. These countries are in the progress of globalization, they need specialists who know deferent languages to help for their development. This provides many opportunities for Immigrants who usually know various foreign languages, and hence, gives a better career path to them.Besides, education is also a reason for immigration. There are many top universities In Salsa such as Twisting university and the university of Tokyo. Many people also consider Immigration Is a pipeline for them or their children to enter those top universities. Exchanging values and cultures Is also a benefit can be gained out of immigration. People immigrating to a foreign country usually face a huge culture shock. By experiencing the culture shock, people can actually have a chance to reflect to their own culture.Ideally, those people can absorb the good sides of the two cultures and eliminate the weaknesses of the cultures. Since the Russian culture is quite different from some of the Asian cultures, this culture can act even more effectively. For example, in Chinese culture, Taoism emphasizes living in harmony, be natural and spontaneous. On the other hand, there are also some drawbacks of immigration. First of all, It Is difficult to deal with the cultural differences. It is hard for a person to adopt and live in a totally culturally different environment.They need to learn about the local tradition In order to merge and communicate with the locals harmonically. New Immigrants might also face racism. New immigrants also need to deal with the language barriers. In Asia, there are many different languages and language systems with Russian. Only in China, there are more than 10 language systems. Immigration is a major decision in your life. Although, apparently, immigrating to Asia brings us a lot of new opportunities in terms of work and education, we need to also consider the downsides of it.Evaluate if you can handle the cultural differences and the language barriers before making the decision for immigrating to Asia. Pros and cons of immigration to Asia By catering_PVC 1st studying year, Faculty of Philosophy Essay â€Å"Pros and cons of immigration to Asia† Globalization brings a new immigration trend to Russia. People consider immigration to Asia as an easy opportunity to create a new life. Some of them want to have a specialists who know different languages to help for their development.This provides any opportunities for immigrants who usually know various foreign languages, and immigration. There are many top universities in Asia such as Twisting University and the University of Tokyo. Many people also consider immigration is a pipeline for them or their children to enter those top universities. Exchanging values and cultures is there are also some drawbacks of immigration. First of all, it is difficult to deal with different environment. They need to learn about the local tradition in order to merge and communicate with the locals harmonically. New immigrants might also face

Effects of Social Media Essay

For the past decade, society has been undergoing a technological revolution in communication. The creation of the internet was the foundation for the communication practices of today. Internet use began to facilitate asynchronous messaging, which later evolved towards instantaneous communication, synchronous messaging. This communication revolution occurred rapidly and was vastly accepted by millions of people. At an extremely fast rate individuals began creating personal profiles on social networking websites. A new form of communication is identified as social networking, which includes instant-messaging, text-messaging, e-mail, and any internet facilitated form of social interaction. Associating the interaction of these social mediums as a form of interpersonal relationships may have further implications on an individual’s identified norms and values regarding social communication. The person connected via social media is perceived as participating in a social interaction, but communicating by social mediums should not be considered similar to real-life interaction. see more:social media cause and effect Although some of the mediums, now, allow for camera and internet facilitated face-to-face communication, the interaction itself is mediated through a device. There must be a clear understanding of the what is considered real-life interaction, and social medium communication. The notion computational technologies have created an alternative way of thinking is introduced by Sherry Turkle. Further, individuals have begun to alter their way of identifying their ‘self’. The multiple interfaces offered by social media allows people to create an online profile, which allows individuals to illustrate their life experiences, personal appearance, etc. The ability to construct an individuals image may cause complexities regarding ‘self’ identification. Another aspect of change may be associated with computational technologies and the effects they have on they way people process information. On the other hand, there have been positive and negative associations with social mediums effects on the development and understanding of social interactions: social media offers communicative methods in which allow for individuals to become more connected to society through the internet. This study will examine whether or not regular use of social media to communicate with others may have further implications on individual’s sense of self and sense of values he or she identifies with social interactions. This work will relate the aspects of self-identification and the effected values associated with consistent use of social mediums. There is a self-perpetuating cycle regarding the use of social media. â€Å"It is worth noting that the ungrati? ed social and habitual needs of SM use can accumulate through their own endogenous effects over time, and motivate future SM use. In other words, these needs drive SM use, but are not grati? ed by SM use, and grow larger to stimulate heavier SM use in the future. In this sense, SM use gradually cultivates greater social and habitual needs to use SM. This may help explain the increasing popularity of SM. †1 The use of social media allows people to connect with seemingly any other individual. The ability to connect with people creates satisfaction in the user’s emotional, and social needs. If these needs are meet throughout the individual’s experience than he or she will likely develop a preference for online use, which may cause further submergence into the social mediums. Face-to-face interaction, or real-life, may have caused an individual that identifies him or herself as socially inept to refer to social mediums as an attempt to find a way to connect with society. If the individual experiences positive feedback during their use of these social mediums they are more likely to associate themselves online rather than face-to-face. The unbiased acceptance in the social medium facilitates a person’s need for social connection. Anyone can connect. People can find friends by previous associations, recommendations, groups of similar interests, and they can search for people with related interests in political, educational, environmental concerns, etc. The vast expectance of social media platforms has created a society in which any person can meet their needs of social, and emotional gratifications because of the exponential possibility of finding friends with similar interests. Social media is shown to expand the boundaries of social interaction, â€Å"Research has shown that SM [Social Media] provides unprecedented convenience and ef? ciency for creating, maintaining, and strengthening social relationships. Many features of SM facilitate self-disclosure and social interactions, such as the removal of geographic boundaries and the rich interaction opportunities afforded by networks of ‘‘friends’’ and information (e. g. , Ellison, Stein? eld, & Lampe, 2007; Lai & Turban, 2008). † 2 The contribution social mediums have on people’s ability to communicate across the world is one of the positive associations of connectivity. Creating and maintaining social relationships is exemplified by the ability for individuals to connect with seemingly anyone: the aspect of strengthening relationships may be more associated with the ability to connect with distant friends, or partners. The ease of accessibility contributes to the repeating cycle in which online social media creates through the exponential possibilities of connections; for example, each user is a multiplying factor providing an opportunity for millions of different connections when they join social networking. As consumers participate more through social mediums, they are exemplifying to other individuals that consistent online activity is accepted, as a factor of social interaction. This factor could lead to negative uses of social media, which will be explored later. Furthermore, the use of social media as another form of face-to-face interaction may positively effect individuals, â€Å"Using Facebook and MySpace as an extension of face-to-face interaction to maintain interpersonal relationships may enable users to broaden connections that they otherwise may not have and to strengthen existing friendships. This study reinforces the capabilities of social mediums for relationships; but also, highlights the importance of correct use of electronic media. Rather than using social media as alternative form of face-to-face communication, Carlyne Kujath^ hints individuals should monitor his or her use accordingly in order to avoid crossing the boundary of electronic media becoming a negative factor in society. As Kujath suggests the proper use of electronic media is the practice as an â€Å"extension† of interpersonal communication, instead of using social media as an alternative for real-life interaction. The recommended methods of using social networking facilitate both online and offline interaction. It is important to not exclude offline interaction; although online interaction has more positive effects on individuals who participated via social networking, â€Å"The key finding of this study was the lower social anxiety observed during online interaction than during real-life interaction, particularly in subjects with high social anxiety. †4 Online communication is attributed to easier social interaction. The individual feels more comfortable interacting through social networking. The vast amount of users facilitate a wider range of groups in which individuals can interact with in order to meet their needs of gratification, emotional and social. The lower social anxiety is likely associated with the available connectivity, and the emotional and social support found through social communication. While the higher social anxiety regarding real-life interaction is related to the inability to have control over the interaction. For example, an individual in a face-to-face interaction may not know the proper norms of real-life communication, and how to respond which may cause further disconnection from â€Å"real-life†. It seems the self propelling method of social media emerges, again. Users are compelled to use social media for easier, more controllable interaction. The high social anxiety found in face-to-face communication drives users to find an alternative method to gratify their personal needs. In contrast, the lower social anxiety experienced through online interaction exemplifies the positive effects social media can have on people. Online communication seems to meet the needs of people with various desires and intentions, and also satisfies their needs of personal gratification. Social media facilitates an environment in which people feel comfortable participating within. This use of connectivity contributes to satisfying an individual’s needs, which further compels the person to continue participating. People’s use of social media propels each person to connect further both online and offline, â€Å"These ? ndings indicate a signi? cant positive association between SNS [Social Networking Sites] exposure and social interaction. There is also a positive relationship between cellular-phone communication and social interaction. For every hour increase on average in SNS exposure or cell-phone communication, average face-to-face social interaction increased about 10 to 15 minutes. †5 Assuming each person’s interaction online was of positive influence people feel more comfortable with interpersonal communication. Online connection may be allowing people who feel socially inept to develop the norms and values of interpersonal interaction through practices of interaction. Surprisingly, the more online communication a person had positively effected the amount of face-to-face interaction they experienced. One might assume more time spent on social platforms causes less time for real-life interaction, but there are underlying factors of electronic media that can contribute to more face-to-face interaction. Individuals are who use online networking to communicate may use it to set up events, or communicate with friends or family to meet-up at a specific time and location. Also, individuals who use cell-phone communication, text-messaging, can synchronously converse with others in order to coordinate meeting up. The concept of deciding when a person wants to interact in real-life environments is attributed with the notion an individual can be connected or disconnected to social platforms whenever they want. Each person can decide when they want to respond to a person, or even if they want to respond. This follows the model of social networking sites: they allow for people to communicate whenever they desire through the ability to post a status. Social networks allow for each individual to determine and construct the online profiles. The people have complete control. Controlling the situation is also an aspect attributed with people’s preference for online communication in contrast to real-life. The non-mediated form of communication, face-to-face, does not allow for the people to have easy control over their interaction. For example, individuals who are speaking face-to-face may have an instance in which the opposing person does not feel comfortable causing negative associations with real-life interaction. Social media assists in giving people the opportunity to feel comfortable within their personal interaction with the electronic medium. The person has better control over the communication, and his or her emotions by the option to stop messaging, or log-out. In addition, individuals online can perform this interaction synchronously, or not: people do not have to respond immediately in any electronically mediated interactions. In example of people’s association of social media with communicative interactions, â€Å"In addition, compared to of? ine interactions, the mediated nature of SM interactions offers users a more controllable environment to strategically present themselves in their interactions (Dunne et al. 2010; Walther, Slovacek, & Tidwell, 2001)†.   The concept of â€Å"presentation† alludes to the notion people can construct their online image however they desire. People felt more comfortable in the interaction in which they had the most control. They can decide when they want to communicate, which allows for them to develop a better understanding of their emotions in order to respond accordingly. Individuals are now becoming accustomed to mediated synchronous communication in which there is an expected delay between messages allowing for each person to think. Although electronic media facilitates instantaneous communication, people have begin to construct an alternative norm. People developed the concept of thoroughly thinking before responding. This identifies a shift in the values associated with social interaction pertaining to/regarding the transition individuals made from face-to-face interaction to the mediated electronic communication. The effects of this shift told by Turkle, â€Å"A seventh grader once told me that the typewriter she found in her mother’s attic is â€Å"cool† because you have to type each letter by itself. You have to know what you are doing in advance or it comes out a mess. The idea of thinking ahead has become exotic. †7 The transition towards mediated social interaction and the related concept of instant communication has led people to become disconnected with the ability to think as they speak, rather than before they speak. A young child is the example illustrating the effects social media has on aspects of social interaction. Further, individuals’ ability to construct their online environment is reinforced by the capability to predetermine their response: the person can even attempt to coordinate the conversation in order to direct it in their desired way. In real-life this ability to lead a conversation would show a developed understanding of social interaction, but as the child shows people no longer relate those particular values of social interaction with face-to-face communication. People redefined the values associated with real-life interaction. This change is directly attributed to the shift to using electronic media for communication. Moreover, the change in values is correlated to the substitution of social medium for face-to-face communication. Social media has further effects related to individual’s behavior. Another instance of change regarding interpersonal interaction is exemplified by how people manage themselves in real-life social environments. The immediate accessibility to social medium via electronic devices constructs a social environment allowing consistent interruptions of interpersonal communication. People have begun to use their cell-phones to text message, check social networking sites, and receive e-mails. The social world is now filled with the beeps and buzzing sounds of cell-phones, constantly.

Explain how each of the following can be a source of new laws; a party Essay

Explain how each of the following can be a source of new laws; a party manifesto, the Queens Speech, the Law Commission and a social situation - Essay Example During the elections, they release what is called their respective manifestos in which they undertake to bring certain measures into effect if their party is elected. And in the event they win, it becomes their moral duty to fulfil their commitment made in the party manifesto. Such measures in order to be implemented may some times require legal sanction. And it is for this purpose they enact law in the parliament incorporating what they promised in the manifesto. To this extent, the party manifesto becomes a new source of law. The parliament justifies the commitment made in the manifesto to make new law. However there is no legal duty on the part of the newly elected Government to enact law based on the party manifesto, though they are morally bound to the electorate who will not hesitate to defeat the party responsible, in subsequent elections. The party manifesto once thought of as a sacred document has now lost its sheen due to dilution of morals on the part of elected representa tives. In the earlier periods of revolution aiming to dethrone the colonial powers and to set up a Government of their own, freedom fighters had released documents having the force of manifesto. Few examples are The United Sates Declaration of Independence in 1776 and The declaration of the Rights of Man and Citizen during the French Revolution. In the labour party’s manifesto of 2005, the party makes several promises to make new laws. 1 . Mitchell and Dadhania 2 state that while origins of law making are varied, the most obvious source would be when a new Government comes into power, having been elected on the basis of the respective party’s manifesto. Thus when the Labour Government took office in 1997, it fulfilled its manifesto promise of incorporating Bill of Rights into the English Constitution by means of Human Rights Act 1998. It also achieved devolving of decision making power to the regions from the centre pertaining to Wales and Scotland through the

Cuban missile crisis Essay Example | Topics and Well Written Essays - 1750 words

Cuban missile crisis - Essay Example It is estimated that about 9 million combatants were killed during the war (Garthoff 89). The end of World War one paved way for World War two which began in the year 1939. This is termed as the most deadly war in the world. It was during this war that the atomic bombing was used in Nagasaki and Hiroshima towns by the United States against the Japan Empire. It was the first historic time when the atomic bombs were used. The war ended after the Japan surrendered to its allies (Munton and David 56). Despite the end of the war, many countries developed hostilities with their enemies and designed new ways of attacking them. This study analyses the Cuban Missile crisis, which is termed as the crisis that almost sparked a nuclear war in the world. The Cuban missile crisis was thirteen days military and political standoff between US and the Soviet Union. The crisis occurred in the year 1962 when John F. Kennedy was the president of the United States. Soviet Union had installed nuclear-armed missiles in Cuba. The move by the Soviet Union was intended to counter the emerging leadership of the United States as a leader in missile development and deployment. The Soviet Union used Cuba, which was its closest ally, to install missiles, before the United States intelligence officer detected it (Munton and David 56). After realizing the threat that was posed by the Soviet Union to its security, the United States developed a scheme to attack the region with the missiles. They also developed a splendid plan in which they would counteract the transportation of the missiles from Soviet Union to Cuba. This led to a military and political standoff, between the two states. Finally, they reached an agreement where Soviet Union agreed to remove its missiles from Cuba while the US agreed to withdraw of its threat to Cuba. This paper shall analyses the background of the crisis, how the crisis transpired and how the crisis ended. The Cuba missile led to an international

The Nuremberg Trials Sentencing Essay Example | Topics and Well Written Essays - 750 words

The Nuremberg Trials Sentencing - Essay Example All this was happening after World War II, at a time when the world was coming to terms with the presence of human rights and civil liberties. This paper will examine the political heads and military leaders that had a part to play in the death of innocent Jews, and their fate after the verdicts were made after the initial IMT (International Military Tribunal). Twenty-four men were to face trial, but only twenty-one stood before the court to prove their innocence. Subsequent hearings were for judges, doctors, and the military in that region to prove whether they were guilty of the crimes. This group was identified as the second-tier and after a lot of deliberation, the guilty parties received much lesser punishment than their predecessors in the IMT. During that time in German’s history, the military had might and carried out activities and operations that may not have been permitted in this day (Evans 82). The Chief Prosecutor, Frencz B. Benjamin, during his time in the regio n admitted to letting some things pass unnoticed like the burning alive of an individual. This was meant to be an undercover task to evaluate the practices of the military in the region. It was during these subsequent hearings that a significant number of individuals were sentenced to prison. Brigadier Telford Taylor, Chief of Council for the prosecution, ensured that trials were carried out in the regions that still required the court’s attention. The growing differences between the allied forces made it more difficult to have control over the court. However, the Control Council Law ensured that trials were conducted without the presence of all the members of the allied forces. These trials may have found the second-tier parties guilty, but the sentences they were handed may not have been befitting (Evans 93). This was according to some parties that thought they were handed lesser punishment than what they actually deserved. The military personnel indicted by the courts were thought to have violated their code of conduct and ethics. They, therefore, could not be given a dignified death according to some of the parties present in the sentencing of these groups. Death by hanging was familiar in that time, and it is alleged that it was agonizing and painful as some of the parties had to struggle during strangulation for 14 to 28 minutes before they died (Ehrenfreund 145). Some saw this as well-deserved, as death through firing squad, as was the case during that time, would have been much dignified. Top ranking military officials were tried during the first IMT, but the subsequent hearings may have been for the lesser individuals that actually played a part in the persecution of innocent individuals. Twelve subsequent trials were carried out after the first International Military Tribunal, and the judges’ trial was the third. Josef Altstotter, Hermann Cuhorst, Herbert Klemm, Wolfgang Mettgenberg, Hans Peterson, and Curt Rothenberger were among some of the parties indicted during the subsequent trials (Ehrenfreund 167). Some of the mentioned parties were acquitted of the charges while others faced life imprisonment. It is evident that the subsequent trials conducted were for groups that were much lower in rank than the previous group, which paved the way for the tribunals. The military and this group of judges were

Movie review 2 Example | Topics and Well Written Essays - 500 words

2 - Movie Review Example As he grows attached to Diego, he becomes lenient and also pursues a love interest-Diego’s neighbor. The Seventh Seal movie is a drama based on the medieval crusade times where the main character, Antonious Bloch faces many hurdles in his life. After he comes back from the crusades, he realizes that there is famine and plagues in his homeland and there is a man (Death) on his trail to kill him (SDG, 2005). Block challenges his assassin to a game of chess where the stakes are high. If block loses, he dies and if he is wins all is well with him and his family. There is a strong message in the film and a moral struggle between doing what is right for oneself and the interests of others. The game of chess decides the outcomes of individual’s lives(Young, 1960. This, in itself, is a moral contentious issue as the stakes are too high to be decided by individual’s game knowledge. Ashes and Diamonds concern the plight of Maciek, a young polish right-wing army man who is instructed to assassinate the new communist secretary (Bradshaw, 2009). He attempts but fails in his first trial, causing the death of two civilians. He tries again but he is not convinced he is doing the right thing. He falls in love with a girl at the hotel where the communist frontrunner stays. He eventually manages to kill the leader but also dies from wounds from a gunshot he sustained (Malcolm, 1999). The moral struggle in this film is portrayed in the conscience of the young soldier. He is not convinced that killing the communist secretary is appropriate and according to his principles. However, as an army officer, he is obligated to follow the orders he is given, killing the communist official. Zhang Yimou’s Red Sorghum is a chines film that covers the chines cultural revolution during the periods of 60s and 70s. It entails the story of a young poor girl who is

Why School Uniforms Should Be Mandatory Research Paper

Why School Uniforms Should Be Mandatory - Research Paper Example Arguments against and for this policy are therefore considered in the light of some recent studies of this issue. This paper proposes that school uniforms should be mandatory because they foster team spirit and self- respect in a culture which too often promotes selfish individualism and rebellion. One of the most common arguments cited against the use of mandatory school uniforms is that of the right of the individual to freedom of expression. This right is guaranteed in the First Amendment (Isaacson, 1998, p. 1) and is designed to allow equal opportunities for people who have different cultures, religions, and personal convictions to distinguish themselves. It is argued that school uniforms can impose one particular style upon students, and that this is not fair to those who come from a minority group which does not share the beliefs and taste of the dominant group. Other criticisms include the study Brunsma which reviews over 100 articles on the topic of school uniform policy and concludes that mandatory school uniforms have no clear benefit for schools or students and may in fact encourage both students and parents to feel excluded from key school policies and decisions. (Brunsma, p. 186)

Week 4 Assignment 5 Essay Example | Topics and Well Written Essays - 750 words

Week 4 Assignment 5 - Essay Example The student should be motivated to use self-statements to control anger. The statements can be like â€Å"I can manage this situation†, â€Å"I will count to ten† etc. Multicultural infusion- In this lesson plan knowledge about the varied culture and background people’s knowledge will be imparted so that the student can mingle and adapt to a wide group, thus accepting the individual differences. The student is able to feel calmness in mind by learning to play music and appreciating art by either directly getting involved in it or just by looking at it. The student when gets anger is able to vent out his anger by sketching. The student will show the ability to laugh by poking fun at a situation (by not harming others sentiments) or is able to cool down his anger by telling a joke. Laughter is one of the best medicines for controlling anger. The student is able to discuss his problems with his family; teacher and friends regarding his cause of anger as sharing problems and feelings makes oneself feel better and at peace with mind. Solutions are also expected by sharing of

A Life in Japan - Documentary (English, no subtitles) Essay

A Life in Japan - Documentary (English, no subtitles) - Essay Example The movie is very informative about Japanese culture because it goes much deeper than sights and customs. It shows Japanese daily life with its positive and negative sides. I do not like the fact that some Western men defined their main purpose in Japan to have some relationships with Japanese women. On the other hand, it is pleasant to see that people adapt to local customs and contribute to community order and safety. One of the respondents found $3000, camera and passport and gave them back to the person who had lost all those things. It shows that Japanese culture changes people in some way making them more responsible and carrying. Overall, Japan has a very unique culture and people need to learn at least something about it before coming to Japan. There are not many people who speak English, so they need to take care about communication issue. At the same time, the movie shows that being a relatively isolated community, Japan is also influenced by world globalization. It becomes more tolerant to foreigners. This documentary significantly expands knowledge about Japanese culture and people; it contributes to my cultural knowledge and represents Japan in a totally different

Mathematics Teaching Essay Example | Topics and Well Written Essays - 750 words

Mathematics Teaching - Essay Example The teaching issues should be talked about broadly and deeply in theory for achievement of greater understanding of subject matter either by the teacher or a pupil. For clear understanding of subject matter in such a subject like mathematics especially for children, teachers require to fuse theoretical and practical aspect in their work. This enables breaking down of complex ideas and concepts which become easy and logical in developing the understanding of learners and their acquisition of learning skills. In theoretical expression of a mathematical lesson a teacher ought to be keen in his confidence when answering learners questions and when dealing with their misconceptions, The National Strategies, (2010). On the other hand a teacher should employ various creative methods to intervene during a lesson in a discursive manner to come up with an effective learning environment depending with the curricula that are applied and the ability of the learners, Bronwyn (2003). In primary schools the theoretical expression of mathematical subject content should be simplified according to the age of the learners, this means that the teacher has to be sensitive to the age of the learners and curricula requirements in order to achieve good end results. Since the curricula in primary school is broad the teacher need to be well informed with all subjects to be able to express theory in mathematics explicitly to the learners. This enable the learners develop literature skills which are also very significant in understanding and expressing mathematics. Effective Planning Primary school teachers have to consider the factors of age and curricula requirements prior to their planning of lessons and in their plan ensure the learners and his or her colleagues understand the content of the plan. They should also make plans to involve learners with an out of class lesions and home work which give the leaner an opportunity to share with other for example parents, siblings or other pupils which is a good support in enhancing mathematical understanding and development of greater leaning skills Ernest, (1987). Teaching Strategies In meeting their objectives teachers should employ strategies that conform to the curricula provided by the education authorities as well as the age and abilities of learners. This can be achieved by analyzing the diversity of the learners abilities and their age hence coming up with a design that will enable them overcome any barrier that my hinder their understanding and development in skills. Lieberman, (2004)On the other hand teachers should employ creative approaches in teaching mathematics for example teacher can put a challenge to the learners that will make them need to talk about the subject manner hence creating a greater contemplation of many students at all levels of ability. Ernest (1988) Conclusion Teachers need to fuse theory and practice in teaching mathematics thus they should converse with all subjects to effectively deliver. In primary school teaching the age factor and variance in abilities is sensitive and

Formative and Summative Assessment Essay Example for Free

Formative and Summative Assessment Essay On the basis of only one factor we cannot take a life long decision in our life. For instance, individuals who are considering purchasing a house look at the house’s age, state, position, style, characteristics, and edifice, as well as the worth of nearby homes. Doctors detecting an illness apply multiple evaluations: the patient’s medical history, lab experiments, answers to questions about how the patient experiences, and so on. The question arises that why do education representatives and practitioners at times choose to make vital decisions based on only one pointer? Here, the concept of multiple measures comes into play. By the term ‘multiple measures’ we mean that one indicator to make decision about groups such as class, team, educational institutions, etc. Individuals who understand, use, and converse review results have a specialized liability to employ multiple sources and sorts of relevant information about individuals or programs whenever likely in making educational judgments. In any kind of educational backdrop, decisions should not be taken on the basis of one single indicator. If the overall scores and situations are taken into consideration, then the decision making procedure seems to be better. If our major concern is to make out for certain whether an educational institution has arrived at a goal on a particular accomplishment construct (an attribute one is trying to assess), then we might feel like to apply a compensatory approach joining multiple measures of that construct. If false negatives are a major concern—for example, if rigorous outcomes are in position for failing to meet a standard—then we would like to apply complementary multiple measures so that an educational institution can pass by fulfilling the standard on any one assessment. However, if we are persuaded that each of several assessments is crucial to quality, we would perhaps want to apply a conjunctive approach in which an educational institution must pass all assessments. This is what Brookhart’s reading is trying to articulate (Brookhart, 2009). According to McMillan, each decision taken about the learners and the educational institutions should be based on something. The educators make use of their knowledge, logical reasoning, experience and convention to come to any decision. Evaluation of learners is difficult since effectual decision making is based to some extent on the capability of educators to comprehend their learners and to match performances with precise evaluations (McMillan, 2000, p. 3). The teachers need to understand the learners what they are capable of, what are their problems and how they can cope with that problems, then only the educators can come to any decision and make assessments. Assessments start with the recognition of specific purpose for gathering and interpreting the information. Once the rationale has been identified, accurate techniques for collecting and synthesizing the information can be recognized. What works well for one rationale might not work out for another rationale. The nature of assessment technique should follow from the projected rationale (McMillan, 2000, p. 4). Similar kinds of views have been found in both the arguments placed by Brookhart and McMillan. Thus, the arguments placed by both the proponents have solid ground. Therefore, it is important to use multiple measures in today’s classrooms to assess children’s academic performance. Youngsters deserve assessment that demonstrates them their strengths as well as their requirements and that directs their educators to devise instruction that will best assist them develop as readers. Formative assessment and summative assessment share a general aim of evaluating learner knowledge. The main distinction between the two is the rationale for which the assessment is carried out. Formative assessment is proposed to notify and direct alterations to teaching on an enduring basis. Summative assessment is proposed to keep an eye on development and assess the overall achievement of both learners and instructional programs on a continuing basis (Formative and Summative Assessment, n. d. , p. 5). Summative assessments are aimed purposely for execution with uninterrupted progress-examining systems. These systems would permit educators to track learners all through a school year and, preferably, over a total educational career, from nursery through high school (Formative and Summative Assessment, n. d. , p. 8). The summative assessment can be related to the propositions placed by Brookhart and McMillan. By making use of all the assessment records of any learner, the educators can easily come to any decision of evaluating a student’s performance at the end of any academic year. According to Dylan William, he wanted to find out if using evaluation to support learning, rather than just to assess its results, can improve learners’ accomplishment, even when such accomplishment is evaluated in the form of state-authorized examinations. In assessing 250 studies from around the globe, issued between 1987 and 1998, he had observed that a focus by educators on evaluation for learning, in preference to assessment of learning, produced a considerable increase in learners’ accomplishment. Since the studies also divulged that day-to-day classroom evaluation was comparatively rare, he felt that substantial improvements would be caused by supporting educators in developing this feature of their practice. The studies did not tell, however, how this could be attained and whether such achievements would be continued over an unlimited period of time. Each educator will have to find a method of integrating the assessment designs into their own practice, and effectual formative assessment will look very dissimilar in different classrooms. It will, however, have some distinctive characteristics. Learners will be considering more often than they are seeking to remember something, they will think that by working hard, they get intellectual, they will appreciate what they are working in the direction of, and will know how they are advancing. References: 1. Brookhart, S. M. (Nov. 2009). â€Å"The Many Meanings of Multiple Measures†. Educational leadership. Multiple Measures. Vol. 67, No. 3. Available at: http://www. ascd. org/publications/educational-leadership/nov09/vol67/num03/The-Many-Meanings-of-? Multiple-Measures?. aspx (Accessed on July 15, 2010). 2. McMillan, J. H. (2000). Essential assessment concepts for teachers and administrators. California: Corwin Press. 3. â€Å"Formative and Summative Assessment† (n. d. ). Glencoe/McGraw-Hill. Interactive Educational Systems Design, Inc. Available at: http://www. readingnavigator. com/mkt/assets/formative_and_summative_assessment. pdf (Accessed on July 15, 2010).

Convention Of The Rights Of Persons With Disabilities Politics Essay

Convention Of The Rights Of Persons With Disabilities Politics Essay People with disabilities exist in every age group, every social sector, every class and every ethnic and religious community. They often do not have a voice of their own in issues that affect their lives. It is important to understand the causes of disability and the discrimination intended for the disabled, and measures that need to be taken to ensure the equal enjoyment of human rights for persons with disabilities. Societies must work as a whole to integrate disabled persons into the life of society and provide them with equal opportunities in schools, the workplace and the global community. Â   December 13, 2006 the Convention on the Rights of Persons with Disabilities (CRPD) was implemented. Currently 99 countries have approved the Convention and there are 147 members. A high number of developing countries are included in signing the Convention. It is to likely those developing countries will be asking development actors for support after approving the convention in the implementation of the principles and binding responsibilities. Around 650 million people, 10% of the worlds population live with a disability. According to the UN Development Program (UNDP) 80% of persons with disabilities live in developing countries (Rights and dignity, 2011). Estimated by the World Bank 20% of the worlds poorest people are disabled and are regarded as the most disadvantaged in their own communities (Takamin, 2004). The term persons with disabilities is applied to all people with disabilities. It includes people who have long term mental, physical, intellectual or sensory impairments. These disabilities can affect their participation in society. Impairment is a functional limitation caused by physical, mental or sensory damage and a disability can be defined as a loss or reduction of opportunities to take part in the everyday life of the community on an equal level (Yeo, 2003). It is important to note that a person with a disability may be viewed as a person with a disability in one society or setting, but not in another, depending on the role that the person is anticipated to take in his or her community. The convention recognizes that disability is an evolving concept and that legislation may adapt to reflect positive changes within society. (Country profile: thailand, 2010). The Convention on the Rights of Persons with Disabilities consists of an article on international cooperation, pointing out the gap between developed and developing countries. Issues such as human rights violations, poverty, and social exclusion are overpowering and have prevented the global South to have significant improvement. Article 32 in the Convention on the Rights of Persons with Disabilities insist that there be international cooperation for the support of the CRPD in developing countries, once a country has ratified the convention they become required to engage in international cooperation. The important question to keep in mind is how can international partnership be effectively put into action in developing counties. With the help of official donor agencies and non-governmental organizations (NGOs) which represent persons with disabilities and the families in developing countries the CRPD can be applied. Thailand is one country that has had the help of four major NGOs working with persons with disabilities and official donor agencies from developed counties such as the United Kingdom, Australia, and Japan (Thailand human rights, 2011). Thailand approved the CRPD in July 2008 along with Australia. Thailand symbolize the typical issues developing countries face, such as poverty. Thai persons with disabilities are challenged with poverty. NGOs in Thailand in comparison to other developing counties are well recognized, the representatives of NGOs in Thailand are strongly taking part in the development of the policy on disability on a national level (Thailand human rights, 2011). More attention has been given to the reality of persons with disabilities among the disadvantaged people in developing countries. International Organizations such as the World Bank state that persons with disabilities are the poorest of the poor. According to the United Nations Economic and Social Commission for Asia and the Pacific approximately 160 million persons with disabilities which are over 40% of the total number of persons with disabilities are living in poverty (Takamine, 2003). Around 100 million people in developing countries have a medical condition due to malnutrition and poor sanitation (Takamin, 2004). Social exclusion helps to clearly comprehend the association between poverty and disability. In developing countries, persons with disabilities are more likely to experience different types of social segregation including: limited social contact, exclusion from formal/informal education and employment, the community has low expectations from them and they hold low expectations for themselves, exclusion from the political/legal process, exclusion from basic healthcare, the lowest priority for any limited resources such as food, clean water, and inheritance, and lack of support for the high expenses directly linked with the impairment such as costly medical treatments (Yeo, 2003). All of these factors take away the opportunity for persons with disabilities to make an income, placing them in the absence of state support. Impairment may be caused by malnutrition and poor health that is a result of poor people being deprived of healthcare and healthy food. Poor people are often oppressed and sent to work in dangerous conditions, which generates risk of accidents and physical impairment. Poverty and disability are mutually reinforcing, as persons with disabilities are socially excluded and adequate social services are not provided (United Nations, 2007). In developing countries we see a large amount of people who are disabled and living in poverty. To improve the circumstances, persons with disabilities in these developing countries should be involved in all the development efforts of their countries, and an inclusive development approach should be put in place to deal with the different forms of social exclusion. Article 32 was negotiated in a series of CRPD preparatory meetings. Article 32 states: 1. States Parties recognize the importance of international cooperation and its promotion, in support of national efforts for the realization of the purpose and objectives of the present Convention, and will undertake appropriate and effective measures in this regard, between and among States and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities. Such measures could include, inter alia: (a) Ensuring that international cooperation, including international development programmes, is inclusive of and accessible to persons with disabilities; (b) Facilitating and supporting capacity-building, including through the exchange and sharing of information, experiences, training programmes and best practices; (c) Facilitating cooperation in research and access to scientific and technical knowledge; (d) Providing, as appropriate, technical and economic assistance, including by facilitating access to and sharing of accessible and assistive technologies, and through the transfer of technologies. 2. The provisions of this article are without prejudice to the obligations of each State Party to full fill its obligations under the present Convention. (Convention on the, 2011). Disability is a major issue that requires strong support and partnerships from different participants. The process to draft the CRPD began in 2001, and in 2002 the United Nations Asian and Pacific Decade of Disabled Persons adopted a set of policy guidelines known as the Biwako Millennium Framework for Action to Promote an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific (United Nations, 2007). In the Framework, the rights-based approach is suggested for the formation of national disability policies and aid programs in the Asia-Pacific region (United Nations, 2007). This guarantees that persons with disabilities benefit from all the rights which other citizens enjoy. In developing countries human rights tools promote the quality of life of people; it is questioned whether the Declaration of the Right to Development would be better guaranteed by UN and international NGOs rather than individual nation states (Dean, 2008). International aid organizations in some developing countries have been the main body for encouraging social policy associated to persons with disabilities and providing pertinent amenities. Concerning this Article 32 clarifies that international cooperation is in support of national efforts for the realization of the purpose and objectives of the present Convention (Convention on the, 2011). UK, Australia and Japan are three developed countries that have been involved in international development programs concerning disability and have set up policies on development cooperation. The UK has one official donor agency that deals with disability that has been playing a primary role in development aid called the Department for International Development (DFID). DFID works in association with NGOs and accentuates the cycle of disability and poverty and the empowerment of persons with disabilities. Stating that reducing poverty by tackling social exclusion is a DFIDs policy and disability is about discrimination and exclusion key aspects of DFIDs work - DFID is dedicated to addressing issues of disability in its development programs throughout the world (Dfid department for, 2011). In Australia the Australian Agency for International Development (AusAID) has also made an effort to establish Australian leadership on disability. Since early 2008 AusAID formed a unit of NGOs and other stakeholders to create new disability strategy for the Australian aid program for 2009-2014, titled Development for All. Effective international leadership on disability and development is one of the main objectives of the strategy which is in alliance with CRPD Article 23 (Saunders, 2007). In 2003 the Japan International Cooperation Agency (JICA) in alliance with Japanese experts and NGO representatives developed its policy paper on support for persons with disabilities (Japanese overseas cooperation, 2011). Hundreds of volunteers and professional are sent out annually by JICA to both governmental and non-governmental organizations for support to work in special education, physiotherapy, vocational training, and many others. It has also helped a number of disability-related projects carried out by the governments of developing countries. (Japanese overseas cooperation, 2011). The population of Thailand in mid-2007 recorded by the United Nations is approximately 62,829,000 million, with 5.7 million living in Bangkok the capital city. The National Statistical Offices Disability Survey in 2002 found that 1.7% of the people consisting of 1.8% male and 0.9% female had disabilities. The rate among the rural population was twice that of the urban population according to the survey. The Northeast 2.4%, the South 1.9%, and the North 1.8 % had higher rates of disability, while Bangkok and the Central region had 0.7% and 1% (Thailand asia-pacific, 2011). These statistics prove that rural regions have a higher majority than the central regions of poor people, and more persons with disabilities live in these poor regions. In 2007 1.9 million of the population had a disability and the proportion of persons with disabilities to total population was 2.9%. (Thailand asia-pacific, 2011). The Rehabilitation of Disabled Persons Act of 1991 and the united Ministerial Regulations which had been the main legal instruments, was replaced by the Persons with Disabilities Empowerment Act which was enforced in 2007 (Persons with disabilities, 2007). The Rehabilitation Act of 1991 set the basis for the rights of persons with disabilities to benefit from public services. Other Acts also involve rights for persons with disabilities such as the Social Security Act which gives registered persons with disabilities an allowance of 500 baht which is roughly 15 US dollars each month (Camfield, 2009). The National Education Act is also in place, which defends the rights of persons with disabilities to acquire education. However, compared to the current standard of living the survival allowance and other support are quite minimal, the daily minimum wage of 2007 was 120 baht in Thailand. The National Office for Empowerment of Persons with Disabilities has been launched and works in collab oration with other government agencies and NGOs. These Acts guarantee that Thai persons with disabilities are given employment support and financial aid, as well as educational, medical, rehabilitative, and services. District Public Welfare Offices and Health Centers offer assistance to persons with disabilities, and Provincial Special Education Centers are responsible for educational services for children with disabilities (Glassman, 2008). The Thai government now has a more hands-on position on human rights. For example, the Thai diplomatic mission states that: The country has progressively striven to promote human rights awareness through human rights education and to strengthen legal frameworks to promote and protect human rights in line with UN Conventions, in particular with regard to the rights of vulnerable groups (The royal thai, 2008). Moreover, Thailand has a long-standing commitment to enhancing cooperation to uplift the quality of life of women, children and persons with disabilities as well as to ensure their rights (The royal thai, 2008).Thailands ratification of the CRPD was one of the earliest in Asia. The Persons with Disabilities Empowerment Act of 2007 is renowned as the first Thai law to forbid discriminatory and biased acts against persons with disabilities and to punish anyone that does not abide by the law. Also, the Act has expanded the rights for Thai persons with disabilities and explained thes e rights in more detail. Most importantly the Thai government has confirmed its support for the CRPD by adjusting the domestic legislation to fit the CRPD (The royal thai, 2008). There are four major NGOs which are involved in a wide range of activities and influence on the Thai disability policy which include: Thailand Association of the Blind (TAB), the Redemptorist Foundation for People with Disabilities, the Association of Parents for Thai Persons with Autism under the Thai Autism Foundation, and the National Association of the Deaf in Thailand (NADT). These NGOs epitomize persons with disabilities as well as their families (Delcore, 2003). Within the last few years in Thailand, all four NGOs recognize the Empowerment Act as an advanced legal device that has improved the legal and policy development, in terms of punishing discrimination against those with disabilities. They agree that even with an active disability association and recent advancements at the national level, the situation of persons with disabilities has not been much improved in the rural areas due to poverty and countless social exclusions. Many with disabilities are still denied from education and employment. The private sector is in need of more employment opportunities for persons with disabilities due to poor understanding and support of the employers. Furthermore, the quality of education and other related services for persons with disabilities requires more improvement in Thailand. Many persons with disabilities are have HIV/AIDS due to lack of education of it, and some persons with disabilities mostly deaf people are unfairly treated when it come s to legal cases due to incomplete sign language interpretation. Young women with disabilities easily become victims of different exploitations, such as those with hearing impairments or intellectual disabilities are very weak and socially cut off and do not receive sufficient education (Delcore, 2003). With the formation of the CRPD and the Thai Persons with Disabilities Empowerment Act improvements have been made at the national level, however not much of a change has been made at the lowest level in Thailand and other developing countries. Stating that disabled persons have rights is important although it may not be enough to bring about a real adjustment for disabled persons. All local leaders should be knowledgeable about the rights of those with disabilities as well as an obligation to protect their rights. Another benefit is to have local leaders with disabilities that can serve for the empowerment and be an example to those with disabilities in their community. This will advocate the need to empower persons with disabilities and educate local people on disability issues. It is apparent that the understanding of the Thai public range is limited concerning the rights of persons with disabilities, and there is difficulty in the carrying out of the Empowerment Act and promotion of the CRPD in the government. They face many issues such as poor understanding, policies adopted by the central government are not expressed in local governments properly, and therefore the understanding of the rights of persons with disabilities at the local level is very restricted. It is crucial to raise awareness through public education (Delcore, 2003). The Thai disability policy is moving on the right course. It is in a transitional period by following the international movements. The Thai disability policy needs further evaluation to have actual implementation. It is stressed that the assessment and monitoring of policy implementation are vital but currently lacking. The future NGOs should be more involved in monitoring and evaluation. NGOs in Thailand and their representatives with disabilities have been recently very much involved in the formation of the national policy in comparison to the past as well as the surrounding developing countries. While some people with disabilities are asked to participate at the national level, only a small number of persons with disabilities are participating at the local level. More local leaders with disabilities and local self-help groups need to participate in the policy formation and push these programs at the local level. More attempts should be made for empowering persons with disabilities especially in the rural areas; the difference of the situation of persons with disabilities between Bangkok and other regions has been increasing. The implementation of Thai disability policy should be further dispersed in the future by improving local programs (Delcore, 2003). The Convention on the Rights of Persons with Disabilities has raised fundamental knowledge of the rights of persons with disabilities in the underdeveloped countries and has also influenced the formations of their disability policy. Thailand is a developing nation-state; it has already ratified the CRPD and has launched an anti-discrimination law for persons with disabilities. Article 32 on international cooperation in the CRPD states that international cooperation is necessary to support national efforts. Through NGOs and civil society, and a nations government, have the main responsibility to support and defend the rights of its citizens with disabilities and achieve international cooperation. Organizations of persons with disabilities and other NGOs have been the most active and have started the promotion of rights through their local networks. In Thailand, local leaders with disabilities have great potential in spreading the goals of the CRPD at the community level. UK, Australia and Japans international donor agencies have been involved for years, in assisting the development for persons with disabilities. Distinguishing the relationship between poverty and disability, these agencies attempt to take in persons with disabilities and include them in their international development programs. Therefore, it is evident that major donor agencies are ready for the execution of CRPD Article 32 if they remain committed to attain effective implementation. In addition, their collaboration with different associations that deal with persons with disabilities and other NGOs are growing, which will enrich programs of these agencies.

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,