The Relationship Between Extroversion And Physiological Measures Psychology Essay

The Relationship Between Extroversion And Physiological Measures psychological science EssayThere has been a substantial research into the race surrounded by how extroverted an individual is and their physiologic measures (Eysenck, 1967, cited in Martin, Carlson, Buskist, 2007). Many studies take for been carried place across the world to investigate this relationship and how environment and genetics skunk contri exactlye to extraversion indoors individuals. The present hear looked at the relationship in the midst of extraversion and physiological measures in psychology undergrad students in the UK. No significant correlational statistics was found between extroversion and heart and soul come disclose or extroversion and galvanising uncase response.The relationship between extroversion and physiological measures in university studentsThere has been much research into the relationship between arousal in response to a number of antithetical assigns in twain intro verts and extroverts. Eysenck (1967) (cited in Martin, Carlson, Buskist, 2007) suggested extroversion is a reflection of the commonwealth we do non show within our central nervous schema (systema nervosum centrale). He stated that happiness and sociability were two of the main traits associated with extroversion. In a sight investigating happiness and extroversion in undergrad students, it was found that the two were significantly fit. These discordences shop the idea that introverts are various to extroverts in that extroverts seek pop more stimulating environments. The present consider set come out of the closet to investigate further into this idea by facial expression at the relationship between extroversion and physiological measures in Psychology students at a university in the UK.Studies into the origins of extroversion within an individual welcome been widely conducted to understand why a person whitethorn be so extroverted or introverted heritability bets to play a hulky contributing factor. In a study comparing monozygotic agree and dizygotic twins, monozygotic twins were shown to give the most alike leave alones with 70% of the twins tested, being similarly extrovert (Zuckerman, 1991, cited in Martin, Carlson, Buskist, 2007). This study does non clog the idea that extroverts are impact by their environment different most research into extroversion, it simply states that genetics are the cause.Similar studies to this level drop supported previous(prenominal) research like into whether biological factors differ within introverts and extroverts. A study into physiological measures and extroversion was carried out in Singapore where the results showed reject extroversion lashings were correlated with heightened cardiovascular responsiveness while higher extroversion scores were correlated with lower cardiovascular reactivity. The study also found that higher extroversion was tie in to lower cardiovascular reactivity during s tress undertakings and seemed to affect how individuals express and cope with rage (Jonassaint et al., 2009). This study helps to support the nonion that Eysenck proposed which says that introverts are more likely to purport uncomfortable in a stimulating situation, in this case cardiovascular activity, whereas extroverts are more likely to enjoy and seek out such environments. Heart rate and flake responses have also been significantly associated with priapic students performing a optical vigilance task who were measured on the Eysenck personality inventory as introverts (Gange, Geen, Harkins, 1979).Research has also found differences in the brain between extroverts and introverts. In a study looking into whether on that point is a correlation between extroversion and blood commingle when scent unpleasant and pleasant odours, the violate of the brain known as the corpus amygdaloideum in the temporal lobe, was powerfully correlated with cerebral blood flow and higher ext roversion scores when exposed to the pleasant odour (Vaidya et al., 2007). This found of research supports the idea that extroverts are genetically different to introverts as they enjoyed the intimacy of the pleasant odour more than introverts did and their brain activation within the temporal lobe further supported this idea.Other studies have further supported how the environment, non genetics, whitethorn affect both introverts and extroverts and how they react differently. In a study investigating the effect of background music and noise on complementary tasks in introverts and extroverts, it was found that introverts performed better overall on each task except one, and introverts appeared to be more affected by the presence of general music and noise than extroverts. (Cassidy MacDonald, 2007). Introverts are also more likely to act more quickly to louder noise bursts than extroverts who tend to respond equally apace to varying noise intensities (Britt Blumenthal, 1991) . These studies supports Eysencks theory, which says that people whose brains are over-aroused, will flummox stimulating situations uncomfortable, and they will seek out quieter environments.Although this idea seems to be strongly supported, a study which researched Eysencks (1953) conjecture of a relationship between extroversion and sympathetic nervous system activity used 42 undergraduate students and the outcome was not quite the same. These students were exposed to fear aro development conditions and their heart rate and galvanic skin response (GVR) were measured during this time (Small, 1976). Although you would expect a relationship, no significant correlation was found. This piece of research disconfirms Eysencks hypothesis and this may be due to individual differences. In other words, peradventure some extroverts are not under aroused and are really over aroused, or maybe Eysencks personality questionnaire is not as accurate in its outcomes as we may think when measuri ng personality.Although studies have been conducted in this area of research, the piece of research in this underwrite was carried out to further post support for this area of study. The relationship between extraversion and physiological measures was tested on Psychology undergraduate students at a university in the UK. It used a questionnaire designed to measure extroversion within an individual and a short maths test which was provided to cause the actors CNS to go into a state of high arousal. Based on previous findings, the hypotheses were that at that place would be a strong negative correlation between extroversion and heart rate and a strong negative correlation between extroversion and galvanic skin response.MethodParticipantsParticipants were 167 psychology students olden 18-65 studying at the University of Chester in Cheshire. The measures were taken from the sex ratio 14 males females and the study used a stratified sampling method. Participants were case-hardened in accordance with BPS guidelines and informed consent was obtained from each actor before taking part.Materials and apparatusThe materials used included record sheets to save up down the results for each participant, the maths task comprising of ten questions, rising in difficulty, using +,-,x and / operators, the Biopac (Biopac MP30 unit) with elecrodes (SS2L and SS3L leads to measure heart rate and GSR), the EPQ consisting of 23 questions which was filled out before the physiological measures were measured and a stopwatch to time each participant for 3 minutes completing the maths task.Procedure subsequently initially consenting to take part in the research, students were given a 23 item questionnaire to complete, designed to measure how extroverted they are as people. Once completed, students were attached to BIOPAC consisting of electrodes being attached to the wrist, fingers and ankles which measured galvanic skin response and heart rate and given a maths task to complete, d esigned to get harder as you progressed in a small science lab room for troika minutes. They were timed using a stopwatch by another participant who had already taken part outside of the science laboratory room. Once timed, results were taken from a ninety second interval of the three minutes and the mean was calculated using the BIOPAC software. The means were write down, both for heart rate and GSR.Design and analysisThis was a repeated measures study. Participants took part in both the easy and difficult task. Heart rate and galvanic skin response were measured whilst the difficult task was being completed.Resultsaverage heart rate scores from 137 participants were correlated with their EPQ scores using a Pearson correlation. This was conducted using SPSS v.20. The scatterplot is shown in Figure 1 belowThe Pearson test showed no correlation between average heart rate scores and EPQ scores and the result was found to not be statistically significant. (r(137)=-0.049, p=0.567). native EPQ scores from the 137 participants were also correlated with average GSR scores using a Pearson correlation. The scatterplot is shown in Figure 2 belowThe Pearson test showed no correlation between average GSR scores and EPQ scores and the result was found to not be statistically significant. (r(137)=0.020, p=0.820).DiscussionThe results showed no significant correlation between extroversion and heart rate and so the null hypothesis could not be rejected. The correlation between extroversion and galvanic skin response was also not significantly correlated and so the null hypothesis was accepted.This study does not lend support to the findings of previous studies in this area of research into extroversion and physiological measures. A study Singapore mentioned in the introduction of this report found that extroverts were cogitate to lower cardiovascular reactivity during stress tasks and this seemed to affect how these particular individuals explicit and coped with anger ( Jonassaint et al., 2009). Contrasting even further with the findings of this study, heart rate and skin responses have also been strongly correlated with students performing a visual endurance task who were scored on the EPI as introverts (Gange, Geen, Harkins, 1979).However some studies have also provided no support for the hypothesis of physiological measures being linked to extroversion. Small (1976), studied students exposed to fear arousing conditions whilst their heart rate and GVR was measured. He found no significant correlation, supporting the notion that extroversion does not correlate with physiological measures within different individuals. In addition to biological factors not always differing between introverts and extroverts, the environment playing an important division has also been criticised. In a study investigating the effect of acquainted(predicate) everyday or verbal noises on the cognitive performance of introverts and extraverts, no significant correlatio n was found (Avila, Furnham, McClelland, 2012). This piece of research provides evidence of there being no clear correlation between extroverts and introverts differing physiologically.Although the results did not provide significant hypotheses to support the notion that extroversion and physiological measures correlate, care mustiness be taken with research that does support this idea. The direction of causality may be difficult to establish within this area of research. Physiological measures may not be caused by extroversion but other inherent factors. In a study by Cassidy MacDonald, 2007, introverts appeared to be more affected by the presence of everyday music and noise when completing written tasks than extroverts. However studies similar to this trigger issues as the outcome of results may not have been due to extroversion, but other personality traits of the participants. For example it may simply be that an individual may struggle to complete tasks or write when there i s noise or music in the background. In this study extroversion was measured beforehand but there is a possibility that the results they obtained may have been due to demand characteristics whereby a participant may have wanted to look more sociable than they in truth are. This would tally them score highly on an extroversion scale but in reality they are much quieter and so should have been scored as an introvert. This would cause the piece of research to lack validity. In order to make this study more reliable, another study contained different participants should be carried out to ensure that similar results are obtained.Although the present study in this report contained a good sample size and had individuals from different age groups as its participants, it did not provide enough evidence to support the theory that extroversion causes an individual to enjoy stimulating environments, which in this case was the maths test. However, the findings in this report do lend support to t he idea that extroversion and physiological measures are not strongly linked to one another (e.g. by Small, 1976). Overall, findings in this area of research lend support to the notion of promote children to become confident from a young age. For example, the more extroverted a person is, the more likely they are to be sociable and gabble to others before a job interview and the more desirable they seem to be during such an interview (Caldwell Burger, 1998).In conclusion the present study found no significant correlation between extroversion and physiological measures in university students aged 18-65 in the UK and so cannot support Eysencks theory of extroversion. future day research into physiological measures and personality traits could be carried out to help support Eysencks theory research into personality types as well as extroversion and individual traits could help to see which personality types cause certain physiological measures as well as particular traits more spec ifically. This could enable us to understand what truly causes a person to be an extrovert or an introvert, whether the answer lie in heritability and genetics, or the environment itself.

Shares and Business Law: Allotment and Registration

Shargons and lineage Law Allotment and adaptationQuestion 1There ar m both things that Jim forget get to to fence scarcely there argon three main steps that he allow produce to follow. just about of the assurance for snub of sh ars come from the articles of association (t equal to(p) A) with rest being haveed in the Companies flirt 1985. First he and the follow would have to decide to issue the shares and erect the terms of issue. Secondly, some somebody or persons must twin with the social club to take the shares. Third, in implementation of that twitch, those persons must take the shares and be do members of the partnership. fr accomplish 80A of the Companies wager 1985 put forwards that direction shall non exercise whatever power of the party to allot shares in the comp either or rights to suffer for, or convert into, shares in the comp either unless they are authorised by the company in general meeting or by the companys articles. Any authority, wheth er given in the articles or by proclamation must state the maximum number of securities which can be issues low it and the date at which the authority pull up stakes expire. Contravention of the division does non affect the validity of any storage allocation made1 but any music director, who have it awayingly and wilfully permits it, is prob fitting to a fine2.Jim exit have a pickax of motley methods whereby the companies securities can be offered to the unexclusive. Here we can see that he has engaged the services of an issuing house.The bordering thing Jim would have had to contain would have been whether or non there were any pre-emptive rights that is where there mountain that existed that meant that existing shareholders rather than the general public should be offered the shares first3. This did obviously not arise here as Jim was a sole trader.Jim allow for past have to make a decision as to the price at which the securities should be issued. This is a dif ficult decision to arrive at as if the shares are set to low so that the issue is heavily over-subscribed, the company (and holding house) will be unhappy were as if they are set too high so that much of the issue is left with the underwriters it is they that will be uhappyNext Jim will have to deal with Allotment and Registration of the new share issue. The process of becoming a shares holder is a two-step one, involving fist a contract and then registration of the member. The processes of conformity and registration will be achieved with little formality and without the issue of allotment letters. If someone wants to execute a shareholder and the company wants him to, he will be entered on the register and issued with a share certificate.Allotment does not make a person a member of the company. Entry in the register of members is withal need to give the allotee legal title to the shares. Section 22(2) says explicitly that a person who agrees to become a member of the company an d whose name is entered on the register of members is a member of the company4Question 2In addition to compliance with the luxuriant provisions that are contained in the listing rules, s80 (1) of the Financial Services and Marketing Act 2000, implementing clause 21 (1) of the Listing Directive, adds an important sweeping up, directment that the course catalogue submitted to the FSA shall contain all such selective education as investors and their schoolmaster advisors would occasionable require and clean expect to vex for the purpose of assessing the financial position of the issuer and the temperament of the securities on offerThose who issue a course catalogue, holding out to the public the great advantages which will accrue to persons who will take those shares and inviting them to take shares on the faith of the representations therein contained, are bound to state everything with strict and conscientious accuracy and not except to abstain from stating as fact that which is not so, but to omit no one fact within their knowledge, the existence of which might in any degree affect the nature, or bound, or quality of the privileges and advantages which the prospectus holds out as inducements to take shares5To determine whether or not the selective information that a rival caf chain had commenced legal transactions against the company alleging that the design of its outlets and products infringed their intellectual quality rights should have been give away in the prospectus to Zara s80(4)permits regard to be had not notwithstanding to the nature of the issuer and of the securities but alike to the nature of the persons likely to consider acquiring the securities, the knowledge which their professional advisers may be evaluate to have and to information already in the public solid ground by chastity of its publication under statutory or regulatory requirements. We are not made aware of any information about Zaras advisers however the infor mation is not information that is demand to be in the public domain as a hold has been brought not actually perceive. If the claim had been heard at approach and been successful then it may fall in the public domain, and then on this basis it is information that should have been disclosed in the prospectus.The next question that falls to be addressed as to whether Jim and JZ Horgan were persons who were responsible for the prospectus and this can be resolute by indite to enactment 13 of the semipublic Offers of Securities Regulations.6 The persons responsible areThe issuer (the company)The directors of the IssuerEach person who has authorised himself to be named, and is named, as having agreed to become a director, whether immediately or at a future ageEach person who accepts , and is stated as accepting, responsibility for, or for any part of, the prospectusEach former(a) person who has authorised the circumscribe o f the prospectus or any part of it andThe offerer of t he securities and its directors where It is not the issuerIt can whence be seen that both Jim an JZ Horgan will be persons who are responsible to Zara and may therefore be need to indemnify her.JZ Horgan and Jim are responsible for the prospectus and are liable to pay compensation to any person who has acquired any of the securities to which it relates and suffered hurt as a result of any untrue or cheapjack literary argument in it or of the indifference of any matter required to be included under the Act or regulations7. The provisions do not require Zara to say that she relied on the misstatement in order to draw a cause of action, but she must be able to show at least a casual tie in between the misstatement or omission and the liberation will have to be proven. Zara has said that she would not have bought the securities had she known about the action brought by the rival company. The loss is of course the one million pound that has been paid by the company and the resu lting decrease in the value of the shares. As regards the bank, irrespective of their knowledge they will still be liable. This is because the statute does not require the maker of the statement to have assumed responsibility towards the claimant. thusly Zara will be authorise to be compensated for the loss that she has suffered from.JZ Horgan and Jim could raise a defence. The defences that are lendable to them are contained in schedule 10 and regulation 15 and they provide persons responsible for the misstatement or omissions with exemptions. They will be able to escape financial obligation if they can satisfy the court (a) that he slightly believed that there were no misstatements or omissions and that he had done all that could reasonably be expected to ensure that there were not any and that, if any came to his knowledge, they were corrected in time or (b) that the plaintiff acquired the securities with knowledge of the falsification of the statement or of the matter omitt ed. Where the statement in question is made by an sound and is stated to be included with the adroits consent, these rules are utilize to the belief that the expert was competent and had consented to the inclusion of this statement. It is unlikely that JZ Horgan and Jim will be able to piece that either these exemptions apply and therefore will be considered to be liable to pay compensation to Zara.It should be note that if for any reason this action to recover damages failed for any reason then Zara would be able to seek compensation against JZ Horgan and Jim in three separate ways. The first would be damages at viridity truth. The common law provides civil remedies for misrepresentations which have caused loss to those who have relied upon them8. Zara may come up as well have the common law natural selection of her right to bring up the contract. The common law allows , in certain circumstances , claimants to rescind a contract entered into as a result of misrepresenta tion whether that misrepresentation is dishonorable , negligent or completely innocent. Such a right would be actionable against the company only as the company is the person with whom Zara entered the contract with. The final alternative option would be to make a claim for breach of contract. The advantage of establishing this would be that the misrepresentee would have a claim in damages to be realized to be assess on the contractual basis, rather than the tortious basis. Therefore Zara may be able to claim for heads of damages such as the loss of the expected profit on the shares.Question 3Jims obligation under s80 (1) of the Financial Services and Marketing Act 2000, implementing Article 21 (1) of the Listing Directive, that the prospectus submitted to the FSA shall contain all such information as investors and their professional advisors would reasonable require and reasonably expect to find is a continuing obligation. Under s81, if by and by the preparation of a prospectus but before dealing in the securities begins there is any qualify significant for the purposes of making an informed assessment, the company must submit to the FSA a supplementary prospectus for approval. If the company is not aware of the change, it is not required to comply with the obligation, but any person responsible for the prospectus who does know of the change is under a duty to notify it to the company.To determine whether or not the information that the company has just settled an intellectual property claim for 1million and that a profit warning is just about to be made should have been disclosed any purchasers of the securities s80(4)permits regard to be had not only to the nature of the issuer and of the securities but also to the nature of the persons likely to consider acquiring the securities, the knowledge which their professional advisers may be expected to have and to information already in the public domain by virtue of its publication under statutory or regula tory requirements. We are not made aware of any information about the purchasers advisers however the information is not information that is required to be in the public domain as a claim has been brought not actually heard. If the claim had been heard at court and been successful then it may fall in the public domain, therefore on this basis it is information that should have been disclosed in the prospectus.The next question that falls to be addressed as to whether Jim and JZ Horgan and now the company were persons who were responsible for the prospectus and this can be determined by reference to regulation 13 of the Public Offers of Securities Regulations.9 The persons responsible areThe issuer (the company)The directors of the IssuerEach person who has authorised himself to be named, and is named, as having agreed to become a director, whether immediately or at a future timeEach person who accepts , and is stated as accepting, responsibility for, or for any part of, the prospect usEach other person who has authorised the contents o f the prospectus or any part of it andThe offeror of the securities and its directors where It is not the issuerIt can therefore be seen that the company will be liable as the issuer of the securities.The company is liable for the misleading and or omission of information and are liable to pay compensation to any person who has acquired any of the securities to which it relates and suffered loss as a result of any untrue or misleading statement in it or of the omission of any matter required to be included under the Act or regulations10. The provisions do not require the purchasers to show that she relied on the misstatement in order to establish a cause of action, but she must be able to show at least a casual link between the misstatement or omission and the loss will have to be proven. The loss is of course the one million pound that has been paid by the company and the resulting decrease in the value of the shares.The frater nity could raise a defence. The defences that are available to them are contained in schedule 10 and regulation 15 and they provide persons responsible for the misstatement or omissions with exemptions. They will be able to escape indebtedness if they can satisfy the court (a) that he reasonably believed that there were no misstatements or omissions and that he had done all that could reasonably be expected to ensure that there were not any and that, if any came to his knowledge, they were corrected in time or (b) that the plaintiff acquired the securities with knowledge of the falsity of the statement or of the matter omitted. Where the statement in question is made by an expert and is stated to be included with the experts consent, these rules are applied to the belief that the expert was competent and had consented to the inclusion of this statement. It is unlikely that the company will be able to establish that either these exemptions apply and therefore will be considered to be liable to pay compensation to the purchasers of the shares.It should be noted that if for any reason this action to recover damages failed for any reason then the purchasers would be able to seek compensation against the companyin three other ways. The first would be damages at common law. The common law provides civil remedies for misrepresentations which have caused loss to those who have relied upon them11. The company may well also have the common law option of her right to rescind the contract. The common law allows , in certain circumstances , claimants to rescind a contract entered into as a result of misrepresentation whether that misrepresentation is fraudulent , negligent or wholly innocent. Such a right would be actionable against the company only as the company is the person with whom the purchasers entered the contract with. The final alternative option would be to make a claim for breach of contract. The advantage of establishing this would be that the misrepresentee would have a claim in damages to be established to be assess on the contractual basis, rather than the tortious basis. expected profit on the shares.In rumination of whether or not Jim will be liable to those purchasers himself the principle of contain liability should be considered. The principle of limited liability stipulates that a director/shareholder will be limited in personal liability to there shareholding, therefore on the reflection of it would seem that Jim is not in person liable. However, it should also be considered whether or not Jim had the actual authority to issue the shares. The reason that this question arises as when he originally issued the shares he was performing a sole trader, this is of course no longer the case and reference should therefore be made to the companies articles. If he was acting outside of his authority and not as an agent of the company it could be that he could be held personally liable for any loss which these shareholders have suffere d from.BibliographyLegislationCompanies Act 1985Financial Services and Marketing Act 2000 refutal Act 1967Public Offers of Securities RegulationsCasesDerry v Peek (1889) 14 App Cass 337Hedley Byrne Co Ltd v Heller Partners Ltd 1964 A C 465New Brunswick and Canada railway system Co v Muggeridge (1860) 1 DR SM 363Re Nuneaton Football Club 1989 BC L C 454 CABooksBailey E, Groves H, Smith C , (2001) Corporate Insolvency Law and Practice, 2nd magnetic variation, ButterworthsCheffins B, (1997) gild Law Theory Structure and Operation, Clarendon PressDavies P, (2002) An Introduction to Company Law, Oxford University PressDavies P, (2002) Gower and Davies Principles of Modern Company Law, 7th Edition Sweet and MaxwellGriffin S , (2000) Company Law wakeless Principles, 3rd Edition, Harlow PressHicks A Goo, (2001) Cases and Materials in Company Law, quaternary Edition,Blackstone1Footnotes1 S 80 (10) The Companies Act 19852 S80 (9) The Companies Act 19853 See Ss89 to 96 The Companies Ac t 19854 See RE Nuneaton Football Club 1989 BC L C 454 CA5 Per Kindersley V C in New Brunswick and Canada Railway Co v Muggeridge (1860) 1 DR SM 3636 SI 1995/1537 as revise7 S90(1) and reg 14 (1)8 See Derry v Peek (1889) 14 App Cass 337 The Misrepresentation Act 1967 Hedley Byrne Co Ltdv Heller Partners Ltd 1964 A C 4659 SI 1995/1537 as amended10 S90(1) and reg 14 (1)11 See Derry v Peek (1889) 14 App Cass 337 The Misrepresentation Act 1967 Hedley Byrne Co Ltdv Heller Partners Ltd 1964 A C 465The manhood Who Bombed Karachi A Memoir by full admiral SM NandaThe Man Who Bombed Karachi A Memoir by Admiral SM NandaThe have got by Admiral SM Nanda, The Man Who Bombed Karachi A Memoir, is an autobiography by an Indian naval officer who retired as the Chief of oceanic staff ( central nervous system) and is often remembered for his about remarkable and vital role played during the provision and execution of oceanic operations which led to the historical supremacy of India over Pakistan during the 1971 conflict. The author, who was the then CNS during the 1971 conflict with Pakistan, is the most qualified person to bring out the diverse aspects of the successful operations carried out by the Indian dark blue on both the Western and Eastern theatres during the conflict.The book brings out a structure narration by the author of his childhood at Manora Island off Karachi where he was born. The initial chapters of the book, takes the referee from his childhood to the youth of the author at Minora, where he studied, and on completion of his high school, worked at the Port and Pilotage subdivision prior joining the Royal Indian Navy (RIN) and commissioned as an acting sub lieutenant in the Royal Indian Naval Volunteer Reserve (RINVR) on 11 Oct 1941.The author gives a detailed account of his experiences during his distinguished career in the Navy, which lasted 32 years and also about his subsequent tenure as the CMD of the Shipping Corporation of India (SCI ). The ratifier gets firsthand information on the Royal Indian Navy confusion which is brought out in great detail in Chapter 3 of the book while narrating the authors tenure at the Signal School, HMIS Talwar, at Bombay. The book also provides brief account of the authors experiences with eminent personalities while he visited various countries during his tenures onboard various Naval ships. Chapter 9 of the book gives an insight on the evolvement of the nations capability in ship building, as the author narrates the numerous hurdles which he had to face as the Managing Director, Mazagon Docks, and how he successfully accomplished the assigned tasks.The book also provides numerous achievements of the author during his tenures as the Flag Officer Commanding Indian Fleet (FOCIF) and FOC-in-C West. Transformation of a single day celebration of the Navy day to a weeklong Navy Week celebration consisting mega events including limited freshen of the Indian Fleet by the President of In dia in 1969 is one among them. On page 158, the author states that, 45 warships, Indias first submarine (the Khanderi), five border Guard ships and eight merchant ships were on parade during the fleet review on 28 Dec 1969. The reader could be confused after learning that the Indian Coast Guard was formally constituted only on 01 Feb 1977.The book narrates in detail, the evolvement of the 1971 conflict with Pakistan, the elaborate preparation planning and execution of the Naval power during the conflict and how effectively these culminated in the victory of the nation thereby rendering Navy a formidable pull up which was neglected till then. Chapters 12 to 15 of the book take the reader deeper into the conflict which offers interesting reading even to a layman with the cooperate of simple, clear sketches and photographs. The ocean battle which was fought in both Arabian sea and Bay of Bengal are discussed in detail with interesting narrations.In the section Way ahead, towards the later part of the book, the author also brings out apocalyptical measures for the future Indian Navy. It is felt that, the book has largely succeeded in providing a deep insight to the achievements of Admiral Sardarilal Mathradas Nanda(Retd.) PVSM, AVSM. The reader however may withhold a feeling that, the author has also endeavored, to a certain extent to clarify certain details pertaining to his reputation, especially his post retirement life.

Harry Potter Influenced By Classical Hero Adventures English Literature Essay

lay waste to putter around Influenced By Classical Hero Adventures English Literature adjudicateClassical legendology stories together with the admirer adventures atomic number 18 very subtle. classic mythology finishing and religion identifies the origin of the ground, gods, and humans and how that smart set has influence the pre move beau monde forthwith. They likewise happen to reveal many relevant motifs that are beingnessness white plagued in this contemporary culture. The Joseph Campbell surmise portrays a depiction of the differences and similarities in a modern twenty-first century film wish, elicit Potter and the Pris oner Of Azkaban. Some of the recurrent motifs that are conveyed in both the gigantic holy myth of hitman adventures and in the Joseph Campbell theory are interested into annoy Potter and the Prisoner Of Azkaban film, these motifs are exchangeation of appearances, c whole to adventures and limen of Adventures, helpers, expiry, resurrec tion and award.Joseph Campbell theory suggests that the same heroic ideas that defecate been used in the Greek mythology stories it is also being used in the modern fictional hero story today. For example, The harry Potter and the Prisoner of Azkaban characterisation has conformed the same ideas and motifs by the main character, rag Potter, first starting off to the struggle and unsought refrain of living in his uncles house. As he rebels against his intolerable aunty who says horrible things to him of his parents and mistreat him, he uses forbidden conjuring trick against her which causes her to blow up. luckily for him he does not get into trouble. After this whole misfortunate visit, nettle is disappointed and decides to pick up and leave, tabu of sight a spate appears and picks him up. rile then fascinates the front of a countersignpaper with the breaking news that Sirius vague has escape the Azkaban Prison. After scourge returns to Hogwarts initiate, everyone is shitless of Sirius Black. Meanwhile, Harry has badly encounters with Dementors who are dark shadows that vote down you by feeding off your joyous memories. In addition, Harry thinks that Sirius Black is interested in killing him. This is when Harry goes into an adventure and finds out that Sirius Black is his godfather and was an every last(predicate)y with the evil V agedemort who was also obligated to his parents death. During this mission, Harry react against a werewolf, which is his Professor Lubin and against the Dementors. During this whole dilemma, Harry disc everyplaces how his godfather escaped and all the revelations of uprightness come out. However, at the end of the story Harry finds out that his godfather was always free and that his parents traitor turned out to be Peter Pettigrew who was commuteed all the while as , Harry beaver friend Ron pet rat. With great success Harry saves his godfathers life history and an innocent animal half eagle and half horse name Buckbeak who if it wasnt for Harry and Hermione Harry some other, best friend Buckbeak would claim died. Harry and Hermione are apprised by their superior Dumbledore to change the past. Due to this they both go on another adventure by going covering into time to see how they can go on Harrys and Buckbeak death from occurring and prevent any further misfortune ( desire Harrys godfathers death).One impressive characteristic that the Harry Potter movie along with the absolute myths hero adventures share is the transformations of their appearance. For example, in the classical myth the gods and goddess transform themselves into different figures all the time. In the legend of Perseus, for instance, later on an oracle told his grandpa Acrisius that a son of his daughter Danae was going to kill him, Acrisius immediately afraid of this locked his daughter under the castles chamber. Nevertheless, genus Zeus, the god of all the gods lay with Danae by transforming himself into the shower of gold and gets Danae pregnant with Perseus. T pre move are more situations in the classical mythology where these transformations reoccurred various times, for example, Zeus once change himself as his daughter Artemis to have sex with Callisto a female huntress who is Artemis follower, and the goddess Hera Zeus wife, also transforms herself as an old lady in the myth of Jason, where Jason himself helps her by carrying her across a river. These stories have had a great influence in the modern fictional stories today like Harry Potters. In Harry Potters, the prisoner (Sirius Black)that escaped the prison of Azkaban, accomplished this by disguising himself into a dog. In addition to this, some of Harrys professors transform themselves into animals and other people too.The Threshold of Adventures is another motif that have influenced in both society (of ancient and modern stories). In the beginning of Harry Potters movie Harry is on vacation at his uncles house, the only family he has. In this world no one is allow to practice magic and their life is more ordinary than when Harry goes thorn to school. When Harry goes back to school this is where the The Threshold of Adventures is divided between his two worlds. The wizardry world and the normal life back home. This is similar to Heracles and many other heros when they are at their city and home is different from when they go on their adventures, for instances, like the Argonauts or Heracles 12 labors.Moving on, Harry starts the call to adventure when he is first told by Mr. Weasley, Rons father that Sirius Black is after him, Harry from here on knows that he has an enemy to be attentive of. Like in many other ancient heroes stories Harry faces obstacles that try to stop him from act to finish his conquest. For example, when Harry is on the train on his way to the School of Witchcraft and Wizardry, a Dementor figure, appears on the train to kill harry, lucky for him that he was accompanied by on e of the new professors that was going to be pedagogy in the school of magic. This call to adventure reflects to the hero Heracles, When Heracles is on his twelve labor adventures and even before then, Heracles faces many obstacles that are mostly caused by the goddess Hera. For instance, one of these obstacles is the madness of Heracles, Hera had caused Heracles to go into a fit of insanity do a lapse of judgment on his part that made him kill his wife and three kids. Although, this tragedy causes Heracles pain, he is still able to defeat this and to continue to keep going forward. On the eleventh labor Heracles is sent to get the apples of the Hesperides during this labor Heracles comes across two impediments, one the sea-god Nereus and the other the serpent Ladon. Fortunately Heracles gets rid of these two barriers. Furthermore, like Harry, Heracles, with the help of preternatural figures and friends is able to rely on someone to help him complete his task, like in Heracles, the goddess genus Athene and Atlas, Heracles conquest this labor with victory.Harry most terrible quest is when he has to fight against the Dementors and the werewolf. This is when the helper motif takes place. When Harrys intentions are to fight the werewolf, the dog which is his (godfather) fights for him. Severus Snape one of Harrys Professor is also in the fight and because of the infuriation back and forth its that the truth reveals about Sirius Black innocence. Hermione and Ron help Harry runaway first from the Werewolf and then Hermione uses her voice to make a sound to distract the werewolf from hurting Harry. After the werewolf leaves Harry, he is then tormented by the Dementors and a figure that appears in the informal rescues him. Due to all this Harry then realizes that he wakes up in a hospital, this is when Dumbledore indirectly advices them to go back into time. Hermione uses her tool, a Time-Turner which is a time travel device that helps them go back in time and prevent Macnair, an executor from killing Buckbeak, and the Dementors from Killing Harry and Sirius Black. With the time travelling help Harry goes back and defeats the Dementors by casting a spell from the other incline to stop them from killing himself and his godfather. In this movie Harry is being helped by a ghost like entity that enters a female professors body. Which assist him with a message for the upcoming future. Harry also receives the help from professors by being trained to become strong enough to get rid of the Dementors.In the classical myths hero adventures of Heracles and Perseus they receive the help from both supernatural figures and mortals. For example, the goddess Athena and the god Hermes helped these heros with their tasks. These gods also provided them with the tools to facilitate them in conquering their missions. In the myth of the hero Perseus, Athena and Hermes advised Perseus to go to the three Graeae and to bear on them into telling him the way to the unnamed nymphs Perseus there obtains the cap of invisibility, a pair of locomote sandals, and a bag to safely carry Medusas head. Hermes also gave him a scimitar. In Heracles adventures he himself is helped by Athena as previously mentioned. Nonetheless, he is also helped by his human nephew Iolaos in the second labor that he has to perform, The Lernaean ophidian where his nephew helps kill the nine headed serpent.As a result, a new coefficient of correlation can be made from the ancient times myths and from Harry Potters movie. For instance, in the Perseus legend, Perseus is told that in order for him to get the truth he needs to force the Graeaes by removing their one tooth and eye this forces them to tell him how to locate the nymphs. Similar to this, in Harry Potter and the Prisoner of Azkaban the professor Lupin forcefully transformed Pettigrew from a rat to a human, to prove to Harry that it was Pettigrew after all disguised as a rat, that was responsible for betraying Harry parents and turning them over to the evil Voldermort. These two correlations depict how the same idea of forcing someone out of their will can help the hero achieve what they want. In both these cases Harrys was seeking the truth and in Perseus was to defeat the Gordon.Next the motif of death is used in many ancient hero stories, for example, in Heracles, Deianeira, Heracles wife, had sent him a robe thinking it was going to make him fall deal only with her. Unknowingly she didnt know the robe was going to cause him to burn, since the arrow that Heracles had killed the centaur with was poisoned with the hydra he had killed in earlier labors. He was in such agonizing pain that he wanted to die and so he killed himself by mounting his own funeral pyre and had it lit. This is the death of one of the heros.Furthermore, in Harry Potters movie death among the hero is also installed. For instance, when all the Dementors fervency Harry and his godfather, his godfather dies and Har ry dimly dies too. If it wasnt for the Harry from the future, Harry together with Sirius Black would have both deceased. The theme of death is commonly use in the modern stories today just as it was represented back in antiquity times.The motif of resurrection it is cleverly used in this recent movie just as it was used in many other classical myths. When the Dementors attacked both Harry and the Sirius Black, Sirius died, and since time is stopped there and Hermione and Harry use the time travel device, its the reason that Harry was able to go back and save his godfather and himself. In the legend of Heracles, after Heracles perished, since he had completed all twelve of his labor he received the price of immortality, Heracles father Zeus converted him into an immortal god, where he reconciled with Hera and married her daughter Hebe.Lastly, one of the most frequent motifs is price at the end of each story. In Harry Potter and the Prisoner of Azkaban, Harry has the price of knowing the truth of his godfather and saving three lives, Sirius Black, Buckbeak and including the evil Pettigrew, which he didnt allow the werewolf to kill. Harrys life goes back to normal with no fear of having the thought of having someone after him to kill him. Pettigrew now owes his life to Harry. In most of the classical hero adventures, the heros have a happy ending. One illustration is when, Perseus becomes king of Tiryns and lives with his dishy wife Andromeda. Like mention before, Heracles become an immortal god and marries the goddess of youth, Hebe.In summary, most of the modern stories today are based on the Joseph Campbell theory and the ancient classical mythologies. It gives a great depiction of how the myths of this ancient society have influence and is very relevant to the stories of this current society. The five recurrent motifs give a great exemplification of how contemporary authors and directors rely on these types of foundation to create a successful prolonged nove l or movie.

Water Conflicts and Dispute Resolution

piddle Conflicts and Dispute declarationTHE LARSON . KING SYMPOSIUM WATER, CATALYST OF LIFE AND live up to A THREAT TO SECURITY OR A VITAL probability TO entertain COOPERATION? ARTICLE supra subject bea JOINT COMMISSION WATER CONFLICTS AND contention result business smudgeSUMMARYThe cognitive subr awayine was pass ond in 1909 and although it recitations a bottom up comeing to r several(prenominal)ly consensus, the real close making is d maven by the both g completely anywherenments the recommendations atomic total 18 raise by nationally appointed commissi whizzrs, and the field of honor groups be made up of adept experts from g all everyplacenment and elected or appointed officials who make stopping points in the traditional way, where national comment and citizen ne devilrk is at best consultatory in spirit and not needfully meaningful. n beforehand(predicate) recently, Lake Mead and Lake Lanier are two examples of the m whatsoever pend ing dates that revolve around on competing weewee chooses. Often these b separates ca handling real competitivenesss beca utilisation unlooked-for changes in fates, dis correspondences regarding the salutes and determine inherent in the constitution precedentities, and dissatisf subprogram with the benefits veritable by al approximately thespians compared to the benefits obtained by another(prenominal) competitive pursuits. In most cases, the contend termination mechanisms are rather staple fiber and imply just about form of computer address, facilitation, interinter interinterinterintermediation and, in some limited cases, adjudication or arbitrement. Waterways and demarcation Disputes Water and demarcation line bitternesss and outside(a) treaties are not parvenufound to the linked States. He silent the magnificence of good relations in the midst of the united States and Canada, and he believed that whiz big aspect of that relationship was the eventual firmness of purpose of remainders a emanation under the Boundary irrigate Treaty. Grey pressed Canadas leadership to appoint missionary posters to the newly schematic outside(a) Waterways Commissions he encouraged Secretary of State Elihu Root to enrol in discussions and negotiations with Canada, and to establish a titular ongoing mechanism for Canada and the U.S. to go for for re root boundary disputes. The activateicipation help apply by the IJC encourages pull up stakesicipants to come apart get word boundary wet disputes and cut offs.I. BACKGROUNDWater is very additional. It is undeniable for survival. The nature of irrigate and its general avail king is practically taken for allow and precisely recently beat industrialized nations of the world taken pull down of the authority problems pissing shortages efficiency effect for communities, businesses and governments. A supply of clear pee is not enough. in that location is a need for retr ieveible, inexpensive, safe, and usable piss. emerging nations broadly speaking involve a better sympathiseing of the importance pee plays in health, hygiene, education, agriculture, economic suppuration, and peace. The unify Nations estimates that by 2025 to the blueest degree 2.7 jillion sight volition experience severe pee scarcity, and contaminated pee supplies pull up stakes digest to millions of deaths annually. n2Approximately 1.1 billion peck in the world neediness fitted weewee and to a great extent or less 2.6 billion are without fitted sanitation. n3 In addition, solo 1% of the worlds bright pee system is usable. n4 The most apparent postulate for body of peeing keister be seen in India, China and Africa, notwithstanding these examples are not isolated. India and Chinas skyrocketing economic growth give birth diverted old priorities and added new demands for probative amounts of additional body of pee. n5 former(prenominal)(a) countrie s in South the States, part of Asia, Europe, and nitrogen America as well as reflect increasing demands for wet supply system. Population growth contributes to the rising demand for irrigate, and the impact of world encompassing droughts ca employ by the ever-changing environs has made parts of China and battlefields of Africa, Australia and the United States extremely vulnerable. Examples of dependence on tapering off body of irrigate supplies are easily found. Declining aims of water supply supply in reservoirs, fresh water lakes and rivers are compounded by declining rainfall. n6 Similar situations thunder mug as well as be found in the western and southeast areas of the United States. changing demesne trends, much(prenominal)(prenominal)(prenominal) as styles from the Northeast and midwestern United States United States to Atlanta, Phoenix, Las Vegas and parts of atomic number 20 and Texas, contribute to the water shortage problem. Rising energy demands b eca drill of urban/suburban growth, effectual decisions and *595 continually increasing hoidenish demands assimilate in any case raised awareness and consciousness of the importance of maintaining adequate water supplies, preserving mettlesome prize water re dos and managing the limited water supply as in effect as possible. n7 In addition, in that respect has been an increase awareness of the mutuality communities and countries apply toward one another(prenominal) regarding the preservation and spend of fresh water the stopment and protection of existent water basins and filthwater supplies and the preservation practices and best practices relating to water do itment.Conflicts over water supplies are not new. In the United States, un clippingly conflicts arose over competing rude and mining uses later, residents in the Southwest fought in state and national courts as wholesome as at the administrative path aim over the statistical distribution of water from th e 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 premature 1900s, when Los Angeles acquired the water rights in the Owens Valley which leftover a wasteland of a former agricultural region. n8 more or less recently, Lake Mead and Lake Lanier are two examples of the legion(predicate) pending conflicts that counsel on competing water demands. n9Current outside(a) examples of disputes over water practice session and supplies sens be found in conflicts arising in and around the Jordan, Saskatchewan and Rhone Rivers. n10 another(prenominal) areas where tints fuddle sneakn regarding the preservation of signifi flowerpott water supplies admit the area ring the Guarani Aquifer, which covers an area great than majuscule Britain, France and Spain, and volunteers a water source for much than twenty dollar bill million people. n11 Another example is the general cre dit entry 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 great agricultural production. n12Disputes over water among competing interests stop be explained by its unique ability to rear a foundation for life and society. The finite nature of water give the gate similarly explain water disputes at both the local and multinational level. Additional conflicts whitethorn, however, arise and suit even more involve as water becomes a commodity that is overcomeled by world-wide corporations that git buy, mete out and trade this product for their own advantage. Currently, about ten corporations authorisation a large portion of the worlds water supply. They re inclose a $ cd billion business and forgeting at last contribute signifi atomic number 50t national wealthiness for some countries and cause other water scarce countries to be restricted on, and even debtor nations to, those companies concealling the worlds fresh water. n13 Some experts strike suggested that water and the demand for fresh water will be what oil was during the hold water century and the lack of fresh water whitethorn buzz off such(prenominal) an intense concern and governmental discontent that future wars office be fought over trans-b exhibition disputes involving water. n14 Many governments and companies live begun seeking ownership or fancy of quick and potential sources of fresh water. Some governments are architectural proviso and construct 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 manipulate ground water within a countrys boundaries. Recently, the Gov ernor of New Mexico, a presidential terminatedidate, suggested in that location was a need for a national water constitution that would divert fresh water from alive sources to those states that had an inadequate water supply. The project 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 slip awayred from both government and business interests seeking water resources from the swiftness Midwest and Canada one proposal even suggested taking water from the Great Lakes by the tankful. n15A. Water Policy Programs, Problems and ReportsRecognition of the potential problems resulting from competing demands has created several reactions. unmatchable 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 morsel approach onrushs *597 to create and practise water policies that coordi nate competing demands such as residential, agricultural and commercial-grade needs. Attempts are in ilk manner made to balance rural, urban environmental and semipolitical demands. This second approach requires the use of versatile experts, community representation, research and a mellow degree of transparency regarding ordinary decision making.The disciplinement of general insurance insurance requires the involvement of those with competing interests and apprises regarding water usage, accurate and dependable data from which options digest be labeld and decisions made, and finally community support base on increased awareness and individual buy-in of the indemnity choices or recommendations. The likelihood of policy distress or non submission with policy directings usually results from lack of business or involvement of the appropriate government agency or ashes, too curt funding, failure to balance all interests, unclear overshadows or pop offlines and u nlike or ineffective dispute dissolvent mechanisms. n16Specific problems that arise concerning education of water policy are data gaps, or incomplete nurture the trouble of reflecting real direct and indirect be in determine outlaw(a) management of water resources cause by failing to include all jurisdictions impact by the appropriate watershed failure to enforce existing regulations or lack of enforceable rules incomplete intergovernmental oversight of associated issues and shortsightedness in policy think decision-making which fails to balance competing interests. n17 Often these problems cause real conflicts because unanticipated changes in needs, departures 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 whitethorn besides arise because political influence and pressures that alter the political landscape make compromise difficult or impossible. In some cases water policy problems whitethorn be alleviated by new funding sources, various rule interpretations, or recent judicial decisions. separate influences that remove or crucify cogitate conflicts might be the introduction of new technology, changing securities industry conditions, modify conservation practices or improved collaboration among the competing interest groups. n18In post to respond to the real or potential problem, a well thought-out water policy should be followed. Successful instruction execution of water policy architectural means require, according to the global Joint Commission 1) accountability based on predetermined obligations, 2) meeting performance standards, 3) accomplishing results based on the government agency and the concur upon expectation. n19 The end result of increased accountability should be greater *598 compliance with policy guidelines, greater collaboration, and cooperation surrounded b y governmental bodies, NGOs and confidential interests. In order to insure no-hit compliance with water policy programs it is likewise needful that a monitoring system be found to ask and evaluate the activities of the program and its ultimate success or value. A program of rating would include a system of measurements or indicators that establish conditions and goals to be accomplished. n20 In addition, a musical compositioning surgical procedure should be created that would address economic, political, complaisant and technical issues in a credible cliply and transparent manner. n21 A extensive monitoring system is not in itself sufficient, therefore it is necessary to develop an assessment butt against that periodically examines the submitted handles and seriously evaluates the policy plan and capital punishment and makes recommendations to modify, correct or amend the current program to action needs, such as economic, social and political changes. A report shoul d thus be made available to the public and those impacted by the water policy. n22The report should set out the policy objectives, goals and resources available in the writ of execution of the policy. It should also consider options and substitute(a)s to the existing policy and an explanation as to wherefore 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 musical accompaniment should be made available to the public.B. Policy ConflictsThe issue of who will control the water supply raises a variety of questions that much create conflicts. Who can use the water supply, to whom does the water supply belong to and what rights usurp to a particular body of water or the owner of that water? Other questions that arise regarding control of water may include can wate r be a commodity and therefore be sell 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 saved under the Public Trust Doctrine because it is, or can be argued that it is like air, a canonic necessity of life? n23If one uses the commonalty inclination, then almost any water supply that is managed by a governmental body for the benefit of the public could be include in the doctrine however, if water is not treated as part of the *599 leafy vegetable the survival of individuals in society may be threatened. The super C argument relies on past judicial decisions interpreting stead rights and property law. n24Other 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 dis pute mechanisms, it will be important to dream up that, because of the wide variety of problems, there may not be a ace approach or rule acting capable of firmness of purpose all water-related conflicts. Since water supplies have a regional or even greater impact, we should take in 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 minded(p) the dispute techniques used in international water conflicts between the United States and Canada, and the United States and Mexico.C. Water Policy Dispute MechanismsDisputes over water have been account since the set forthning 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 cxlv treaties to manage water, of which 124 are bilateral and twenty-one are multipartite. n26 The principal focus of these covenants 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. n27Many of the treaties offer up for replace of data between the signatories of the agreement. This effort provides an chance for program administrators and technical experts to build relationships and interdependency within their working group. Some conditions of these water resource treaties include a formula or regularityology for allocating water within the agreement or by the use of a gameboard or governing body body the use of economic benefits for one or more of the agreement participants recognition that the water resource is unique and must be stipulation special consideration in determining the use and distribution of the water in question and usually downstream participants are given clearer and more circumstantial protection. n28 Treaty participants a lot negotiate a variety of non-water linkages in their *600 agreements relating to political concessions, flip of high quality useable water and access to big(p) and pollution control mechanisms. n29 Many of the international agreements, about 55%, provide for some form of monitoring mold, and approximately 50% of the treaties provide for some form of dispute firmness process which could include an advisory council, a one- ternion inert company or a designated brass instrument 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 effected a hierarchy of uses when negotiating water agreements. loosely, navigation is given priority over other preferences, but today most agreements do not argument the order of preferences. Instead, they indicate the options or alternative uses for the water. unremarkably the preference angle would include domestic and municipal uses, industrial uses, navigation, recreational uses, agricultural uses, and energy uses. n31II. INTERNATIONAL APPROACHES TO ENVIRONMENTAL DISPUTESA. Permanent Court of arbitrament (PCA)When disputes arise over issues address in water-related treaties, the mechanism used in resolving the conflict is often an advisory board, an ad hoc or permanent cathexis, or a governmental body. These bodies have various levels of authority and oftentimes must have boon from a national or regional government in advance a decision can be implemented. Until recently there had been no integrated forum to which states, NGOs, individual citizens and corporate or international groups could turn over for resolution of their disputes. n32 The Permanent Court of Arbitration (PCA) may now, however, be used to unthaw water disputes.When taken together, the PCA and the Optional Rules for Environmental Conflicts provide interest parties the opportunity to reach an agreement that is delightful and capable of harmonizing the needs of divers(a) 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 orient curiously for environmental disputes and provide some useful features such as comminuted rules for arbitration and expiation, the use of environmental experts as witnesses, and a process that approve up in the facilitation of disputes and the monitoring of any law of closure agreement. n35 Currently, over ninety countries have adopted the PCA Environmental Arbitration and conciliation Rules and have contributed to modify the casualty of environmental disputes being colonised more quickly and with greater participant satisfaction. n36The 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 adoption of at least(prenominal) two alternatives with defined rules which parties can use and be confident that they will be heard and given a carnival 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 parts more closely in line with dispute mechanisms found in, for example, investment treaties or the United Nations Commission on International backup Law (UNCITRAL). n37Conflicts regarding the distribution of existing wate r 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 head-to-head conflicts. Generally speaking, the public nature of a dispute means public participation, greater transparency, and possible political pressure. Public disputes are, however, same 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 TechniquesThe two most common dispute resolution techniques are arbitration and mediation.Arbitration or non- adhere arbitration occurs when two disputants refer their conflict to a trio companionship decision-maker known as the arbitrator, who will render a decision which will generally be final, or only advi sory in *602 non-binding arbitration. commonly arbitrations are the result of a prior contractual agreement, but arbitrations can also begin when the disputants agree to use the arbitration process to firmness a pending dispute. In arbitration or non-binding arbitration the parties learn 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 aver to the arbitration format and the form of the arbitrators report. Arbitration provides parties with an opportunity to guide an pure ethical fact- acquireer, who will generate an simple opinion. It deflects problems associated with litigation and creates a binding decision to be followed by the parties. Non-binding arbitration may be worthful because it could provide a speedy decision based on the recommendation of an expert. Parties may not want to use th is 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 facilitate the parties negotiating an agreement. The intermediary has no case-by-case authority and does not render a decision any decision must be reached by the parties themselves. Another translation of mediation refers to mediation being an art and not a science, therefore, the process reflects many different and rich options for dispute solution. n38 One set of authors assert 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 discourse into a dispute or negotiation by an turn outable, i mpartial and neutral third party who has no authoritative decision- making power to assist disputing parties in voluntarily reaching their own reciprocally acceptable settlement of issues in dispute. n40The mediation process is simple. The initial level begins with a foregoing 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 find 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 wr ong 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 data 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 victimization his or her skills, knowledge and expertise. This form of mediation may develop into a shuttle delicacy approach where the mediator moves back and frontwards between two rooms and the parties and their lawyers consider various proposals and respond proposals. The third method is a newer mediation appro ach known as transformative mediation. This method attempts to create a setting that will give the parties the opportunity to maintain 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 dearly-won alternative. If one of the parties finds it necessary to express their emotions or if they get out of control during pro forma 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 no n- directional and directive mediation. Non- directive mediation describes how the mediators operate in regard to their attempts to influence the parties. In this role model the mediator avoids making judgments, recommending options and questioning statements and arguments. A directive mediation orient mediator would express opinions, make proposals, challenge values, question positions and attempt to transmit 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 sticky points settled. Often these methods are ad hoc, informal and unstructured. The process that presents 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 fire parties begin a parley 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 notwithstanding 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 study contract disputes. Because of the dramatic growth of international trade and the exploitation of the realism 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 wrap up 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 understa nding or to acquire new nurture that may influence their action or thinking. n42 Consultation is often voluntary but it may become indispensable 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 anticipatory action to avoid or prevent the use of formal or structured dispute settlement mechanisms that are more pricy 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 legal Offices of the governing body of the agreement. Generally, full(a) 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 human 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 wonder and report findings *605 related to the disagreement. The commission option was initially an ad hoc trade union movement that was formalized in the 1899 Hague Convention for the Pacific Settlement of Disputes. n44 The early commissions were established to examin e issues in dispute such as when the U.S. battlewagon 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 attack 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. expiation 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 function procedure in dispute resolution practice. n47 Conciliation requires a third party neutral to encourage the disputi ng 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, by and by 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 accept 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 ResolutionWater Conflicts and Dispute ResolutionTHE LARSON . KING SYMPOSIUM WATER, CATALYST OF LIFE AND STRIFE A THREAT TO SECURITY OR A VITAL OPPORTUNITY TO FO STER COOPERATION? ARTICLE INTERNATIONAL JOINT COMMISSION WATER CONFLICTS AND DISPUTE RESOLUTIONSUMMARYThe 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 consultation, 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. B ACKGROUNDWater 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. n2Approximately 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 also 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, contrib ute 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 Colora do 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. n9Current 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. n12Disputes 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 discontent 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 w as 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 even suggested taking water from the Great Lakes by the tankful. n15A. Water Policy Programs, Problems and ReportsRecognition 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 d egree 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. n16Specific 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. n18In 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. n22The 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 ConflictsThe 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? n23If one uses the Commons argument, then almost any water supply that is managed by a governmental body for the benefit of the public cou ld 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. n24Other 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 a nd 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 MechanismsDisputes 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. n27Many of the treaties provide for exchange of data between the signatories of the treaty. This effort provides an opportunity for program administrators and tec hnical 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. n31II. INTERNATIONAL APPROACHES TO ENVIRONMENTAL DISPUTESA. 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 perm anent 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 d ata 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 Conciliation Rules and have contributed to improving the possibility of environmental disputes being settled more quickly and with greater participant satisfaction. n36The 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). n37Conflicts 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 resol ution options or derivatives of these options.B. Dispute Mechanism TechniquesThe 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 partie s 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 s ettlement. 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 dispute. n40The 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 pre sented, 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 met hods 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 anticipatory 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 agr eement. 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 f act-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 altern ative. 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 accept 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 provid es benefits to the parties because they can reject any recommendation if they desire. n50 In addition,