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Is posting controls on the gameplay section of a Old RE game, like 4 or 5, that's already out frowned upon? Not Rev2 because the disk ver isn't out yet.Loading editor
Wikia frowns upon editing Modules (e.g. "Recent Wiki Activity") to certain degrees. I don't know what they think about creating new ones, though.Loading editor
I'm saying like UP goes foreward and this button here aims. It's on every page for the main series.Loading editor
And I meant frowned upon by you guys.Loading editor
Oh, that. I think we put them on Walkthrough pages. Or maybe it's on /gameplay.Loading editor
Forerunner wrote:
Oh, that. I think we put them on Walkthrough pages. Or maybe it's on /gameplay.
I am thinking about typing in [The left joystick allows movement] and [ the aim button/ swap button(for RE0)/ fire/ button does this], if it's ok. I'll use Devil May Cry as an example in my own words; [Dante gets a move, called Devil Trigger, where at the touch of a button regenerates his health and his attacks are quicker, but for a timed cool-down duration.]Loading editor
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National organizations, like pharmacies and retailers plan to add positions, along with food delivery services.
We will keep this list ongoing with links to helpful information. We will also add significant hiring news from local companies here as well as we receive those.
Pacon, located in Brunswick County is hiring for the manufacturing of a disinfecting wipes product in high demand due to the COVID-19 virus. They will be holding a virtual job fair March 24 -26 and March 31 – April 2 from 9 a.m.-3 p.m. For consideration, please submit resumes to firstname.lastname@example.com or download the Hire Scene App found in the Apple and Google Play stores.
If you have news to share of local companies hiring in relatively large numbers, please email firstname.lastname@example.com.
Copyright 2020 WECT. All rights reserved.


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In case you have not noticed, the very foundations of our fledgling ADR profession are under attack. Two states -- Virginia and North Carolina -- have already implemented guidelines defining certain mediator activities to be the practice of law.(1) Bar Associations across the country are uniting in an effort to expand the definition of "the practice of law" to incorporate the broadest scope of human activity possible. The American Bar Association's Ethics 2000 Commission is currently proposing and seeking comments on new rules that directly address the role of the lawyer as a neutral -- as being something distinct and different from the role of the non-lawyer neutral.(2) Paralleling these thrusts is the American Bar Association's internal debate on multi-disciplinary practice of law which ultimately could have a very destructive impact on the multidisciplinary practice of alternative dispute resolution.(3) The purpose of this article is to alert you -- lawyer and non-lawyer ADR professionals -- to these facts and to conscript your involvement in defending against what appears on the horizon to be powerful legions of rulemakers and legislators that threaten to lawyerize and parochialize the practice of alternative dispute resolution. What is happening can best be described as a concerted effort to, in effect, neutralize the neutrals. Although both lawyers and non-lawyers may be casualties of these efforts, non-lawyer neutrals are likely to suffer the most. Unless we act quickly and decisively, we could be picking up the pieces of our ADR profession in a few short years and, in a dazed condition, wondering how it all happened.
A helpful approach to analyzing the current situation and its impact on the future of the ADR profession would be to ask the questions a child would ask. Applying this Socratic approach, we would be inclined to frame four questions:
1. What is the Problem?
2. How do we optimally reframe the Problem?
3. What are the possible solutions to the reframed problem?
4. What is the optimal solution to the reframed problem?
Let's reflect on each of these questions in turn.
What Is The Problem?
Having wrestled for the last several years with this question, I have come to the conclusion that some well-intentioned members, and indeed leaders, of the legal profession, the ADR profession, and academia -- yes, and even myself -- have defined and have been trying to solve the wrong problem.(4) In short, the problem has been our perception of the problem. We have framed the problem in these terms: what activities of a mediator constitute the practice of law (or the unauthorized practice of law)? For reasons stated later, this question frames the wrong problem. We should be framing the problem in terms of the practice of ADR, rather than in terms of the practice of law or the unauthorized practice of law. One vehicle for understanding the cause of this basic misperception is the set of Guidelines on Mediation and the Unauthorized Practice of Law developed by the Department of Dispute Resolution Services of the Supreme Court of Virginia ("Guidelines" or "Virginia Guidelines"). Another vehicle for understanding the cause of the misperception is the national debate over whether evaluative mediation categorically constitutes the practice of law.
A. Misperception Spawned by the Virginia Guidelines
The introduction to the Virginia Guidelines state that "[w]hen ... law-related activities occur during mediation, they may raise ... issues of the unauthorized practice of law (UPL) for non-attorney mediators."(5) The Guidelines go on to state in another section: "The following are the two most common categories of mediator activities that may potentially involve the practice of law: Applying law to facts; Drafting settlement agreements that may be viewed as legal instruments."(6) The disturbing aspect of these statements is their inherent presumption that just because certain mediator activities appear to be activities that lawyers perform on behalf of their clients, they can constitute the practice of law, if engaged in by lawyer-mediators, and the unauthorized practice of law if engaged in by non-lawyer mediators -- vis-a-vis two or more disputing parties. This is a frivolous leap of logic. Where is the representative relationship? Where is the duty of loyalty? What is the fiduciary duty owed by whom and to whom? Where is the understanding of a party that the mediator is protecting that party's interests? How can the mediator receive confidential information from two parties with adverse interests and be practicing law with respect to either of them -- or both of them? How can a mediator accept a service fee from two people with adverse interests, yet be practicing law with respect to both of them? If a lawyer were practicing law in such situation, would not he or she be in a classic conflict of interest situation?
But more importantly, this extraordinary leap of logic leads to harmful results for mediation practitioners. First, it reduces the practice of mediation to an exercise in semantics. Non-lawyer mediators in Virginia now must carefully craft each phrase they speak, lest they be later accused of "the unauthorized practice of law".(7) This is micro-management of professionals at its worst. For example, the Virginia Guidelines give the following examples of "reality testing questions that raise legal issues" (emphasis added) which: (1) do not constitute the unauthorized practice of law; and (2) probably do constitute the unauthorized practice of law:
In a divorce mediation held in Virginia, if a non-lawyer mediator were to ask the following questions, he or she would:(8)
|Not Be Engaged in the Unauthorized Practice of Law
|Be Engaged in the Unauthorized Practice of Law
|"Have you both considered whether a court would allow Mary to take the children to Florida?"
|"Mary, do you realize that the court that would hear this case would not allow you to take the children to Florida over Bill's objection?"
|"How would the stock be apportioned under the equitable distribution statute?"
|"Bill, have you considered giving up on the stock issue since a court probably would view the asset as separate property."
In a personal injury case in Virginia, if a mediator were to ask the following questions, he or she would:(9)
|Not Be Engaged in the Unauthorized Practice of Law
|Be Engaged in the Unauthorized Practice of Law
|"What is the statute of limitations for your claims?"
|"Nicole, do you realize that the two year statute of limitations for personal injury claims has expired and that if the statute was raised by Ken as an affirmative defense, a court would dismiss your lawsuit?"
|"Do either of you know what the Virginia rules are regarding negligence and contributory negligence?"
|"Ken, have you considered that your own contributory negligence would prevent you from recovering damages from Nicole in court?"
The shocking reality, indeed the absurdity, of these examples taken from Virginia's own Guidelines is that, in Virginia, a mediator could be criminally prosecuted for asking any of the four questions in the right-hand column on the ground that he or she committed the crime of practicing law without being authorized or licensed to do so.(10) The folly of such micro-management is apparent. These Virginia Guidelines and others like it if adopted by other States will cause great harm to the ADR profession by muzzling mediators, by discouraging talented non-lawyers from entering the ADR profession, by reducing the mediation process to a mechanical, word-precise, self-conscious, inflexible, content-void exercise.
The other mediator activities that the Guidelines attempt to
brand as the "practice of law" are those relating to the mediator's
role in drafting settlement agreements. The Guidelines' drafting
instructions are inconsistent and incomprehensible. First they
state that the "mediator may take an active role in preparing the
agreement for the parties if they want the mediator to perform this
function."(11) Then, on the one hand, they say that "a mediator
should not add provisions to an agreement beyond those specified by
the disputants"(12) while on the other, they state "a mediator may
suggest options for the parties to consider when reaching an
agreement."(13) The Guidelines also essentially outlaw the use of
"boilerplate" provisions in agreements.(14) What if the mediator
suggests a boilerplate provision to which the parties agree? Is the
mediator engaging in the unauthorized practice of law? The
Guidelines' subtle distinctions are impossible to accurately
discern and they defy compliance. As one commentator has astutely
observed, the
"Guidelines set boundaries for mediators that may be difficult, in practice, to enforce. In the subtle and complex interactions of parties and mediator while they are creating a memorandum of agreement, it will often be difficult to discern whether the mediator's involvement has altered or enhanced the parties' own language."(15)
It must be emphasized that the Virginia Guidelines attempting to define certain aspects of mediation as the practice of law apply to both lawyer and non-lawyer mediators. Thus, these Guidelines will adversely affect the practice of mediation by lawyers both inside and outside the State of Virginia. Because evaluative mediation is considered the practice of law in Virginia, lawyers who are not licensed to practice law in Virginia will be deemed to be engaging in the unauthorized practice of law in Virginia if they are hired to conduct an evaluative mediation there. The Virginia Guidelines and others like them (e.g. those of North Carolina) will operate to parochialize the practice of mediation by lawyers and to interfere significantly with the parties' right to self-determination -- the right to hire the lawyer-mediator of their choice, no matter where the mediator is licensed to practice law.
B. Misperception Spawned by the National Debate Over Evaluative Mediation
The national debate around the issue of whether evaluative mediation is the practice of law has also caused us to misperceive the true problem. In an evaluative mediation, in contrast to a facilitative one, the mediator plays an active role in helping the parties to reality test, to accurately assess the strengths and weaknesses of their respective cases, and to predict what a likely result of an adjudication of the matter might be. Often, the parties request the evaluative mediator to provide them with an opinion of the fair settlement value of the case or with a recommended solution. Sometimes this joint request of the parties requires the mediator to take into account, even incidentally, the application of law to certain aspects of the dispute. This activity of applying law to facts, however slight, has sparked the debate over whether evaluative mediation categorically constitutes the practice of law. Those representing "practice of law" viewpoint generally take the stand that when a mediator evaluates the strengths and weakness of a party's case by applying legal principles to specific facts he or she is engaged in the practice of law.(16) They are apparently worried that mediation parties may be injured by reliance on erroneous information given to them by non-lawyer mediators.(17) Those advancing the counterargument urge mediators -- both lawyers and non-lawyers alike -- to actively evaluate the strengths and weaknesses of the disputing parties' cases by applying legal principles to the facts in the mediation.(18)
The argument holding mediation not to be the "practice of law" is considerably more persuasive for several reasons. First, the act of applying law to specific facts or even giving advice or rendering an opinion that incorporates a consideration of the applicable law does not, in itself, constitute the practice of law. We can point to many examples in society where non-lawyers apply law to a specific factual situation and render opinions and recommendations, yet they are not considered to be practicing law (or engaged in the unauthorized practice of law). Some of these include:
- Jurors in the court system
- Jurors in a private, simulated jury
- CPAs and accountants (tax laws)
- Non-law-trained employees of tax preparing
- Companies, such as H&R block
- Real estate appraisers (zoning laws;
- Environmental laws)
- Employees of title companies
- Environmental experts
- Police officers
- Employees in every agency of federal and state government (evaluating applications for licenses, governmental benefits, etc.)
We could think of hundreds of other examples. If these people are not "practicing law" in doing their jobs, why should lawyer or non-lawyer mediators who perform evaluative mediation be deemed to be practicing law? The point where the logic of the "practice of law" proponents fails is in its inability to explain why lawyer or non-lawyer arbitrators do not practice law when they render binding or non-binding awards. Clearly, nonbinding arbitration is very similar to evaluative mediation. Yet, those subscribing to the "practice of law" theory assert that evaluative mediation is the practice of law and nonbinding arbitration is not -- though some "practice of law" proponents are now retreating from that position to contend that neutrals in both processes (nonbinding arbitration and evaluative mediation) are engaged in the practice of law. It is only a short step from nonbinding to binding arbitration. Will they next claim that binding arbitration is the practice of law? If they do, they will have disenfranchised a large part of the non-lawyer ADR profession that for decades has performed admirably as arbitrators in numerous types of dispute settings including the areas of employment, construction, environmental, real estate, and securities. Indeed, if members of the "practice of law" contingent take that route, they will be embarking, consciously or unconsciously, in the direction of neutralizing the neutrals. If they do not choose the route of arguing that binding arbitration is the practice of law, then their argument will be hoisted on its own petard. They will not be able to explain, logically, why nonbinding arbitration is the practice of law and why binding arbitration is not.
While this "practice of law" debate is interesting and engaging, it is simply the wrong debate. We have framed the wrong issue; we have defined (indeed, designed) the wrong problem. The problem is not "what is the practice of law (or the unauthorized practice of law) relative to mediation," but rather "what is the authorized practice of mediation within the larger practice of ADR". We are trying to solve the wrong problem because we are all inside a major paradigm shift in society and have not stepped back far enough to see the outer boundaries of the new paradigm. We are trying to apply the template with which we are familiar -- the practice of law template -- to an evolving profession -- the ADR profession -- whose ultimate boundaries are still vague, whose characteristics seem, in part, similar to the practice of law, but whose essence is distinctly and wholly different. Figure 1 below illustrates this perceptual problem.(19) Let us assume that we are shown only the top drawing in the vertical column below and asked: What computer keyboard symbol is being masked by the rectangle?
Figure 1
Most people would visualize a capital "B" and give that as their answer (as shown in the middle drawing), perhaps because the right side of the rectangle suggests the vertical part of the letter capital "B". People are quick to apply a familiar template in solving problems. The correct answer, however, -- the number "8" -- would be misperceived. The top rectangle actually masks a symbol whose ultimate boundaries are vague, whose characteristics seem, in part, similar to a B, but whose essence, when fully exposed, is distinctly and wholly different from a capital "B". The same is true of the practice of law and the practice of ADR. Currently, when we look at our ADR profession, parts of it appear to be the practice of law ("B"), when in fact the ADR profession consists of something entirely different -- the practice of ADR ("8").
Thus, the challenge is to reframe the problem as presented. If we want to optimally reframe the problem, we must be willing to see and to appreciate a new paradigm. But first we need to understand the basic phenomenon of paradigms and paradigm shifts.
How Do We Optimally Reframe The Problem?
Solving the problem of determining how to optimally reframe the current problem in our profession must be first approached by educating ourselves about paradigms, paradigm shifts, and the paradigm effect. A paradigm is a set of rules and regulations, written or unwritten, that:
- establishes or defines boundaries; and
- tells one how to behave inside the boundaries in order to be successful.
A paradigm shift is a change to a new game, a new set of rules.(20) The process of shifting is called the paradigm effect. Paradigms can occur in scientific, technological, organizational, business, and social contexts, among others. A "prevailing paradigm" defines a set of rules by which problems are solved within a discrete context.(21)
A simple example of a paradigm shift in a technological context occurred last century in the watchmaking industry. The Swiss had traditionally dominated the world of watchmaking. In the beginning they were constantly improving their watches. They invented the minute hand and the second hand, they led the research effort in finding better ways to manufacture gears, bearings, and mainsprings of the then modern watches. They spearheaded the research in waterproofing watches and in self-winding watches. By 1968, the Swiss watchmakers had more than 65 percent of the unit sales in the world watch market and between 80 to 90 percent of the profits, worldwide. By 1980 their market share collapsed to less than 10 percent of the world market share. Their profit domination had plummeted to less than 20 percent. What had happened? Simple. Without fully appreciating it -- perhaps because of the narrowness of their focus -- the Swiss encountered a paradigm shift -- a change in the fundamental rules of watchmaking. Other watchmakers were introducing electronic devices as a substitute for purely mechanical watch movements. The industry's interest in gears, bearings, and mainsprings, was waning. In less than ten years, the Swiss watchmaking business that had seemed to secure, profitable, and dominant was essentially bankrupt. It is estimated that between 1979 and 1981, fifty thousand of the sixty-two thousand watchmakers had become unemployed. This was economically catastrophic for a country as small as Switzerland. For another nation -- Japan -- which had embraced the new paradigm of the electronic quartz watch, saw their profitability in watchmaking expand from 1% of the world watch market in 1968 to 33 percent of the world market in the 1990s, with an equivalent share of the profits. The irony of this situation is that the Swiss could have avoided its catastrophe if it had just stepped back to fully appreciate the prevailing and new paradigms, to think about their own future, and to fully appreciate the kind of change they were facing: a massive paradigm shift.
In any given context, the paradigm shifting process, or paradigm effect, can be illustrated by a curve. Figure 2 below shows various segments of a paradigm effect which might occur in any industry. The figure illustrates time as graphed against the number of problems solved in the prevailing paradigm, represented by the star on the vertical axis. As people start solving problems in new ways, using new rules, they see advantages to the application of the new rules and begin adopting their use successfully.
Figure 2
In the B segment, rapid problem solving occurs to a point represented by a break in the B segment. It is at that point where the problems get more difficult and the rate of problem solving slows down. In the C phase, all the toughest problems of the prevailing paradigm need to be solved. Everyone in the field desires to solve these problems but no one has a clue how to do it. That is where a new paradigm appears that, for most people, is unexpected. Figure 3 below illustrates this phenomenon.
Figure 3
For a while, people who are happy with the prevailing paradigm will reject the new paradigm and try to apply the old rules to the new problems. A new paradigm puts everyone practicing the old paradigm at substantial risk. The higher one's position in the prevailing paradigm industry, the greater the risk. The better one is at solving problems under the prevailing set of rules, the more one has invested in it, and the more one has to lose by changing paradigms. Often outsiders appear on the scene and begin the paradigm shift -- they take risks to try out new rules -- new ways of doing things. As one author has noted:
"The paradigm shifter has played the role of catalyst, of change agent, and has stirred up a lot of thinking in the prevailing paradigm community. The community acknowledges that the problems on their shelf should be solved. They know they are not solving them.
They also know that the paradigm shifter has offered an alternative way of thinking about these difficult and important problems. Yet the community continues to defend the prevailing paradigm, because it is still very successful."(22)
Then come the paradigm pioneers to take the rough pathway that the paradigm shifters have discovered. These pioneers (some of whom may have also been shifters) are captivated, aesthetically and practically, by a new set of rules that suggests more successful solutions to problems than those achievable by the prevailing rules. As the same author points out:
"Driven by the frustration of the old and the appeal of the new, they cross the brink. They leap a professional chasm that separates the old paradigm, where the territory is well illuminated and where repu- tations and positions are clearly defined, into a new territory, illuminated by the new paradigm in such a limited way that it is impossible to know whether they are standing on the edge of an unexplored continent or merely on a tiny island."(23)
The new paradigm becomes the prevailing paradigm until a still newer paradigm appears and either persists or fails.
The "paradigm effect" theory helps us to understand what is now occurring in the organized bar and academia relative to the new paradigm of alternative dispute resolution. Many bar leaders and academics are rejecting this new paradigm being defined by a new and evolving ADR profession because they feel more comfortable with the old litigation rules and procedures which they know well and with which they feel comfortable. Other bar leaders and academics are not risk takers and are only partially embracing ADR so long as they can apply prevailing definitions of "the practice of law" to achieve a comfort level with the new paradigm. The paradigm pioneers are those within the evolving ADR profession who have the courage and tenacity to seek out a better way to do things and the intuition to see the new paradigm in its ultimate splendor, with the knowledge that when the rules change the whole world can change.
For the paradigm pioneers (leaders of the ADR movement), the optimally reframed problem is "what is the authorized practice of mediation within the larger practice of ADR". To answer this question (or to solve the reframed problem) requires the pioneers to define several terms: mediation, the practice of mediation, the authorized practice of mediation, ADR, and the practice of ADR. They are in the process of addressing all of those tasks at the present time in an effort to resolve the reframed problem.
What Are The Possible Solutions To The Reframed Problem?
There are many solutions to the reframed problem. There are substantial differences of opinion as to how even the basic processes of mediation and arbitration should be defined, not to mention the numerous hybrid ADR processes that have emerged over the last ten years or so. One point on which everyone seems to agree is that the process of defining the ADR processes, appropriate ADR practice, and ultimately the precise contours of the ADR profession will take a substantial amount of time, perhaps a decade or more. SPIDR International's(24) Committee on Credentials, Competencies, and Qualifications ("3CQ") has made great strides in establishing working groups to study topical areas of accreditation and registry, certification, practitioner membership, and competency. But an immense amount of work has yet to be done -- and all this to be accomplished within the context of a planned merger with two other national dispute resolution organizations -- the Academy of Family Mediators and Conflict Resolution Education Network.
In the face of these obstacles, the principal quandary of the pioneers and designers of this new paradigm -- the ADR profession -- is that members of the prevailing (law practice) paradigm want to apply their law practice definitions before the pioneers have an opportunity to define basic terms and establish clear boundaries of their ADR profession. The pioneers, therefore, must design an interim paradigm to avoid being subsumed into the law practice paradigm. An interim paradigm (or as some would urge, a "parallel" paradigm) appears to be the optimal solution to the reframed problem.
What Is The Optimal Solution To The Reframed Problem?
The optimal solution to the reframed problem has at least six elements:
- gaining time;
- intensive study;
- consensus;
- massive public education;
- strong ADR practice emphasis on the parties' rights of self-determination and informed consent; and
- at least as an interim measure, to define the ADR practitioner's professional and ethical role in relation to the judicial rather than the lawyer's role.
1. Gaining time.
It is important that current efforts to define mediation in relation to the practice of law be suspended indefinitely so that the designers of the ADR profession have sufficient time to study all relevant aspects of ADR practice and make careful and informed decisions about how it should be defined and regulated. Actually, there is no actual need for the "practice of law" proponents to expedite the lawyerizing of mediation. Nationwide, the number of misconduct complaints made against mediators has been de minimis. The National Conference of Commissioners on Uniform State Laws in early 2000 demonstrated great wisdom by slowing down the committee machinery looking into proposed national uniform legislation regarding mediation confidentiality. This conduct should serve as an example for those who are overly anxious to label aspects of mediation as the practice of law.
2. Intensive study.
The ADR profession designers have daunting tasks ahead. They must not only design standards of competency for neutrals in various types of ADR processes but they must also design standards and methods to properly train and evaluate ADR professionals. They will also be involved in how to properly regulate practitioners of the ADR profession. This latter task is most important because the current lack of certification, regulation and oversight of neutrals is in large part fueling the efforts of the "practice of law" proponents to bring mediation within the scope of lawyer regulation.
3. Consensus.
There are widely disparate views among members of our profession as to how, specifically, to define the ADR processes and as to what constitutes proper ADR practice in each of the processes. Consensus will not come easy. But it must come, if we are to become a self-regulated profession.
4. Massive public education.
Nationally, many more people know much more about ADR than they did ten years ago. This has been the result of widespread efforts of peer-review mediation proponents in our nation's school systems, many new periodical and newsletters covering ADR topics, court mandated ADR programs, and other means. However, the general public still has only a vague notion of what mediation and arbitration are, and practically no understanding of what the ADR hybrids are. If we are going to become a self-regulated profession we all must cooperate to educate the general public on the various beneficial services that our profession has to offer.
5. Parties' rights to self-determination and informed
ADR profession leaders and designers must take immediate and continuing measures to emphasize the importance of practitioners preserving and guaranteeing to all parties who use ADR services the parties' rights to self-determination and informed consent. Self-determination is important because it preserves the parties right to freely and jointly choose the neutral (lawyer and nonlawyer) and the ADR process that best suits their specific needs. Informed consent is important because it best responds to the "practice of law" proponents' worry that users will be confused about the neutral's role and the nature and purpose of the process.
6. Focus on the judicial rather than the lawyer's role.
Finally, at least as an interim (or parallel) measure, the ADR profession leaders and designers should define the ADR practitioner's professional and ethical role in relation to the judicial rather that the lawyer's role. The judicial role is a much more appropriate and logical interim analog than the lawyer role. First, when performing their judicial role (which includes applying law to facts and assisting with the drafting of settlement agreements), judges are not practicing law.(25) Second, both lawyers and non-lawyers serve in the judicial capacity across the United States. Indeed, being a lawyer is not even a requisite qualification to serve on the United States Supreme Court. Although the American Bar Association's Ethics 2000 Commission is studying and proposing changes to the ABA's Model Rules of Professional Conduct for lawyers, there is currently no similar study being undertaken with respect to the ABA Model Code of Judicial Conduct. ADR profession leaders and designers should take an active role in urging the study and revision of the ABA Model Code of Judicial Conduct, first to modernize the judicial role to include standards relating to judges' evolving ADR functions; and second, to consider the inclusion of new Canons specifically addressing the neutral roles of lawyers and non-lawyers in the various ADR processes.
Very simply, my words here are a call to arms for all members of our new ADR profession. Who better than we -- the mediators and the arbitrators -- are more capable of solving and helping others to solve difficult problems. Our principal weapons are not insults and epithets, but rather our abilities to ask questions, to listen intently, to perceive clearly, to understand profoundly, and to articulate convincingly. If we work together we can conquer the challenges that currently confront our profession. If we continue to ask the questions a child would ask, we will learn forever; and if we dare to change the rules, we can succeed in changing the whole world.
End Notes
1. See David A. Hoffman and Natasha A. Affolder, "Mediation and UPL: Do Mediators Have a Well-founded Fear of Prosecution?" Dispute Resolution Magazine, 20 (Winter, 2000).
2. See Ethics 2000 Commission Proposed Rule 2.X -- Public Discussion Draft April 18, 2000 -- "Lawyer Serving as Third-Party Neutral". Other draft rule changes that relate in part to ADR are Proposed Rule 1.12, "Former Judge, Arbitrator, Mediator or Other Third-Party Neutral" and Proposed Rule 5.5, "Unauthorized Practice of Law".
3. See generally, John Gibeaut, "MDP on Deck," 86 ABAJ 22 (June, 2000); Peter C. Kostant, "The Future of the Profession: A Symposium on Multidisciplinary Practice: Breeding Better Watchdogs: Multidisciplinary Partnerships in Corporate Legal Practice," 84 Minn. L. Rev. 1213 (2000).
4. See generally, the symposium on the topic, "Is Mediation the Practice of Law?" in Forum, Number 33 (NIDR, June 1997).
5. Guidelines, p. 1.
6. Guidelines, pp. 4-5. The Virginia Guidelines prohibit mediators from giving legal advice. Conceding that the term "legal advice" has "not been precisely defined in Virginia," the Guidelines adopt the following definition for "legal advice in the mediation context": "At a minimum, a mediator provides legal advice whenever, in the mediation context, he or she applies legal principles to facts in a manner that (1) in effect predicts a specific resolution of a legal issue or (2) directs, counsels, urges, or recommends a course of action by a disputant or dis-putants as a means of resolving a legal issue." Guidelines, p. 13.
7. The Virginia Guidelines attempt to draw a line between providing legal information (which is not the practice of law) and giving legal advice (which is). The Guidelines are quite vague on this point and provide a playground for prosecutorial mischief.
8. Guidelines, p. 18.
9. Guidelines, p. 18.
10. 54.1-3904, Code of Virginia. Confounding this matter of permissible and impermissible mediator questions further is the Guidelines' seemingly inconsistent discussion evolving from the premise that mediators "may make statements that are declarative of the state of the law of a given legal topic and these statements are generally permissible." Guidelines, p. 16. The Guidelines provide the following statements declarative of the law that "probably would not be considered legal advice":
In the context of a divorce mediation: "In Virginia, custody involves two major components: with whom will the child primarily reside and who is responsible for making decisions concerning the upbringing of the child."
In the context of a personal injury dispute: "Generally, the statute of limitations in Virginia for personal injury claims is two years."
In the context of a commercial dispute: "Generally speaking, a contract for the lease of goods that exceeds $1000 must be in writing to be enforceable."
Guidelines, pp. 16-17. These declaratory statements that are not deemed by the Guidelines to be the unauthorized practice of law read much like the questions in the right hand columns of the two tables appearing supra in text which the Guidelines state would constitute the unauthorized practice of law.
11. Guidelines, p. 25.
12. Guidelines, p. 25.
13. Guidelines, p. 26.
14. Guidelines, p. 25.
15. David A. Hoffman and Natasha A. Affolder, supra note 2 at 21-22.
16. See, e.g., Carrie Menkel-Meadow, "Ethics in Alternative Dispute Resolution: New Issues, No Answers from the Adversary Conception of Lawyers' Responsibilities," 38 South Texas Law Review 407, 424 (1997).
17. See, e.g.,Carrie Menkel-Meadow, "Is Mediation the Practice of Law?," Alternatives, May 1996 at 60-61.
18. See, e.g., Donald T. Weckstein, "In Praise of Party Empowerment -- And of Mediator Activism," 33 Willamette Law Review 501, 543-44 (1997).
19. Figure 1 appears in Edward de Bono, Lateral Thinking: Creativity Step by Step, Harper & Row Publishers, p. 272 (1990).
20. See Joel Arthur Barker, Paradigms: The Business of Discovering the Future, HarperBusiness, pp. 33, 37 (1992); see also
Thomas S. Kuhn, The Structure of Scientific Revolutions, (2d Ed.), University of Chicago Press (1970).
21. Joel Arthur Barker, supra note 21 at p. 42. The remainder of this section, including Figures 2 and 3, is adapted from Id. at pp. 42-83.
22. Id. at 72.
23. Id. at 74.
24. See The International Society of Professionals in Dispute
Resolution's website: 25. American Bar Association's Model Code of Judicial
Conduct, Canon 4G.
25. American Bar Association's Model Code of Judicial Conduct, Canon 4G.


text:
Senior Minister and Minister of Public Works and Transports H.E. Sun Chanthol addresses the participants while he was presiding over the inauguration ceremony of a Vehicle Inspection Centre (Boeung Snor Branch) located along the National Road No. 1 in Kdey Takoy village, Sangkat Veal Sbov, Khan Chbar Ampov, Phnom Penh this morning.
Source: Agency Kampuchea Press


text:
SPED Preschool - Mrs. Flecha
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Ms. robin flecha
(650) 638-2700
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Job Summary
*The Job:
*As the Software Test Engineer your responsibilities include conducting thorough product testing and maintain agreed upon quality standards in order to provide the highest quality software products to both external and internal customers. Your passion for software quality allows you to create and modify automated test scripts based on manual test cases, functional requirements or existing functionality of the system.
As the QA Engineer you work to understand the business requirements and objectives relative to the desired functionality of products and applications. Evaluate and test new or modified software to determine that software meets user requirements and established quality standards.
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text:
I. Preamble
Minority rights in simple words can be defined as a legal framework which has been devised in order to ensure that a specific group of people who are in a vulnerable or disadvantageous position in the given society are able to achieve equality and to some extent protected from persecution. These rights apply to ethnic, religious or linguistic minorities and indigenous people, thereby forming an integral part of international human rights law. By way of granting these rights the various international treaties seeks to protect various facets of life which includes the very right of existence, protection from discrimination, protection of identity and many others. Minority protection thus operates on the assumption that religious, cultural, and linguistic affiliations are essential features of what it means to be human (Macklem, 2008)
II. Definition of minority rights
Providing an all-encompassing definition for 'minority' may prove difficult due to the basic reason that the facts constituting the premise for a particular group being a minority would never be the same from region to region. (Volger, 2002: 373).
The definition provided by UN Special Rapporteur Francesco Captorti has shed some light on the scope and ambit of the term 'minority'. According to him a minority is "a group numerically inferior to the rest of the population of a state, in a non-dominant position, whose members – beings nationals of the state – possess ethnic, religious, or linguistic characteristics different from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards preserving culture, traditions, religion, or language (Captorti, 1979)."
In a more general sense it can be defined as a group of people who held together by ties of common descent, physical characteristics, traditions etc. occupy subordinate status and receive differential treatment compared to other groups in the society of which they are party. (Colliens Encyclopedia, 1978: 336)
III. Conventions Protecting Minority Rights
The United Nations Declaration of Human Rights (1948) is the most important document that represents the universal consensus on the existence of human rights. Article 2 of the UDHR states that all persons irrespective of their status, including their racial and social origin are entitled to the rights and freedoms in the Declaration. Further Article 7 provides for equality before law and equal protection before law without discrimination.
The United Nations Declaration on the Elimination of All Forms of Racial Discrimination (1963) was yet another step which sought to protect minority rights. This declaration paved way for the International Convention on the Elimination of all Forms of Racial Discrimination in 1965. This treaty essentially dealt with the rights of racial and ethnic minorities.
In the year 1951 the United Nations through the Convention Relating to Status of Refugees emphasized on the right of the individuals to seek asylum in case of fear of race, religion or nationality-based persecution (Article 2) and also made it mandatory of the member states to implement these provisions regardless of race, religion etc.
The Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities is yet another important document as this is the only UN document which solely caters to minority rights.
The Rome Statute of the International Criminal Court (1998) also places stress on the importance of minority rights by way of giving the International Criminal Court the jurisdiction over acts of genocide of specific national, ethnic, racial or religious groups.
The International Covenant on Civil and Political Rights (ICCPR), which is the Bible as regards international law on the civil and political rights of the Members States that every Member State is obliged to guarantee all the rights that is enumerated in the Covenant without distinction of any kind. Article 27 of the ICCPR states that States in which minorities exist, whether ethnic, religious or linguistic, the State shall not deny to any such person the right to enjoy their own culture, religion or language.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) emphasizes that the rights protected under the said treaty shall be exercised without distinction of social status or race. This clearly shows the importance given to the rights of minorities.
As regards regional Treaties and Convention safeguarding human rights, the European Convention of Human Rights is the earliest, and still considered the most effective. The Rights guaranteed under the ECHR are in many ways similar to those guaranteed under various international and regional Human Rights instruments such as the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic Social and Cultural Rights (ICESCR). However various Amendments which have been introduced in the ECHR by way of Protocols, have served to strengthen the provisions as well as introduce special rights. Some of these include the right not to be denied education and the right for parents to have their children educated in accordance with their religious and other views (Protocol 1), prohibition of expulsion of nationals and right of an individual to enter a country of his or her nationality (Protocol 4), right to fair procedures for lawfully resident foreigners facing expulsion (Protocol 7), and equality between spouses (Protocol 7).
African Charter on Human and Peoples' Rights (1981), the United Nations Sub commission on Prevention of Discrimination and Protection of Minority Rights, Convention on Indigenous and other Tribal and Semi-tribal Populations in Independent Countries (1957), The UNESCO Declaration on Race and Racial Prejudice (1982), Resolution on the Languages and Cultures of Regional and Ethnic Minorities, adopted in 1987 are a few other documents which uphold minority rights.
IV. Substantive Rights that are accepted as Minority Rights
The right to non- discrimination is the most important right that has found a place in almost all the international agreements where there has been doubts about denial of equal treatment to the minorities. The Human Rights Committee in its General Comment 18 of 10 November 1989 on non-discrimination has opined that any kind of distinction based on race ,religion etc which results in the denial of equal treatment of all persons can be regarded as non -discrimination. Article 1 and Article 55 of the Charter of the United Nations, Article 2 of the UDHR, Article 2 and Article 26 of ICCPR, Article 2 of International Covenant on Economic, Social and Cultural Rights, Article 2 of the Convention on the Rights of Child, Article 2 of the International Convention on the Elimination of All forms of Racial Discrimination, Article 2 of the African Charter of Human and People's Rights etc. stress on the importance of this right.
The right to self determination is yet another right that has gained recognition under international law. This right gives every individual the freedom to decide on their political status, religious social and cultural development without any kind of inference from the state. However, the United Nations has been cautious while recognizing this particular right as there has been cases where minorities have requested independence or political autonomy on the basis of their right to self-determination. Hence, as per the UN Document on the Declaration on Granting Independence to Colonial Countries and Peoples (UN Doc. A/Res/ 1514 (XV) of 14 December 1960) if an act of any group attempts to or results in destruction of territorial integrity or national unity of a state, such an act will be considered derogatory to the principles enshrined in the United Nations. African Charter of Human Rights (Article 20) grants the above said right to all the people. The Article also states that colonized and oppressed sections of the country have every right to break the chains of domination. This clearly points out the importance the international community places on the existence of this right for the minority groups.
Equality before law is a basic human right that has been recognized as a substantive right of all minority groups through the various conventions and treaties. If any treaty seeks to grant a person all rights without any kind of distinction based on race, sex etc it is propagating the concept of equality before law. The Art 2 of the American Declaration of Rights and Duties of Man, Article 26 of the ICCPR etc are clear examples of this line of thought.
Freedom of religion is yet another substantive right which is made available to all individuals through the various conventions and treaties. It attains more relevance in the case of minority groups as they are more susceptible to attacks and forced conversions. The right to enjoy their own culture and to use their own language is also very important aspect of minority rights. Art 27 of the ICCPR guarantees these rights to ethnic religious or linguistic minorities so that members belonging to minority groups can effectively engage in activities of the community.
As regards minority language rights one can see that this is generally protected under two different categories of rights (Dunbar, 2001: 90). The first category consists of linguistic tolerance which aims to protect the speakers of minority languages from discrimination and procedural unfairness. The Convention for the protection of human Rights and Fundamental Freedoms and the ICCPR two conventions which stresses on this aspect of protection. The second category is that of linguistic promotion. The Copenhagen Declaration, the Minorities Language Charter are e.g. of conventions which stresses on this aspect.
The right to seek asylum is a very important right as regards minority groups. Article 14 of the UDHR provides that all individuals have the right to seek asylum in other countries in order to protect themselves from persecution.
Prisoners' Rights form yet another important part of general minority rights, with various Conventions affording protection against torture per se, and also offering guidelines regarding treatment of prisoners. Some of these include the Geneva Convention relative to the Treatment of Prisoners of War, 1949, United Nation's Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment etc. Moreover, these rights are protected in the various regional Conventions such as the European and American Conventions as well.
As the UN considers categories of persons such as women and children as being in a vulnerable or disadvantageous position in the given society, the various treaties pertaining to them may be construed to be one form of minority rights protection. Some examples are the Convention on the Elimination of All Forms of Discrimination Against Women (1979) and Convention on the Rights of the Child (1989).
Special rights have been developed within the United Nations with a view to enable minorities to preserve their identity and traditions. In principle, those rights are not privileges, but granted to members of minorities in different situations to alleviate conditions for them to reach, the same situation as the majority population. Some of the conventions which include special rights for persons belonging to minorities are Convention on Prevention and Punishment of the Crime of Genocide (Art II),Convention on Elimination of all forms of Racial Discrimination (Art 2 and Art 4) etc.
V. Role of international and regional monitoring bodies
Various committees have been established by the U.N in order to monitor the acts of the State Parties with regard to minority rights. The Committee of Human Rights is the most important one. It has been established in order to look into the proper implementation of the ICCPR. This body has given a number of decisions in pursuance of protecting minority rights enunciated in the ICCPR. In the case of Ivon Kitok v Sweden, U.N. Doc. CCPR/C/33/D/197/1985 (Aug. 10, 1988) the issue involved a member of the Ethnic Sami Community in Sweden, whose right to herd reindeer was denied under Swedish Law. The Human Rights Committee deciding upon the case, held that the reindeer husbandry "is so closely connected to the Sami Culture" that it must be deemed to be part of the culture, and would therefore fall within the protection afforded by Art.27 of the ICCPR. Further in the case of Hopu and Bessert v France, U.N. Doc. CCPR/C/60/D/549/1993 (Jul. 29, 1997) the right to a family life was interpreted. The case involved an indigenous historical burial ground and a lagoon used by indigenous families for subsistence fishing in Tahiti. The French Polynesian Authorities were planning to build a resort around the particular area. The Human Rights Committee expanded the protection afforded by art.23 of the ICCPR by observing that the relationship to one's ancestor is an essential part of identity and thus the act of the State would be a violation of the right to a family life as guaranteed.
The Committee on Economic, Social and Cultural Rights, Committee on the Elimination of Racial Discrimination and the Committee on the Rights of Child are various other bodies of the UN which oversees the implementation of the minority rights enumerated in the various Conventions. The UN also has a specific post, namely High Commissioner for Human Rights who is given the duty to promote and protect the rights of the minorities. The final and the most important body is the International Court of Justice which also has rendered many decisions for protecting minority rights. Case Concerning Minority Schools in Albania, Advisory Opinion 26. PCIJ, Ser. A./B., No. 64, 1935,is a land mark decision by its predecessor, the Permanent Court of International Justice which emphasized the importance of group minority rights as opposed to individual rights. In the instant case, the rights of the Greek minority in Albania were in question following the abolition of private schools in Albania. The Permanent Court of International Justice took that stand that since the Greek community in Albania relied heavily on Private schools for their education and preservation of culture, a complete ban would deny equal treatment to the Greeks and would amount to discrimination.
The European Convention on Human Rights does not contain any provisions specifically relating to minority rights .However one can see that a number of rights under the European Convention on Human Rights are applicable to minorities and the Courts have discussed the scope of these rights through the various case laws. In the case Socialist Party v Turkey, 1998-III Eur. Ct. H.R, a decision by the European Court of Human Rights, the political rights of the Kurdish minority in Turkey was in issue .The Turkish Constitutional Court decided to ban a political party which claimed autonomy for the Kurds and advocated a binational federal Republic of Turkey. The European Court held that respect for the various political ideologies is the very essence of democracy, and in the instant case, there was no harm to democracy as such. Thlimmenos v Greece, 2004-IV Eur. Ct. H.R,was the first case where the European Court prescribed differential treatment for people who are significantly different. In the instant case, a Jehovah's Witness refused to enlist in the Greek Army due to religious reasons and was convicted for the same. Later he was brought under the rule which barred persons convicted of serious crimes from pursuing chartered accountancy. The court was of the view that though the rule on its face was neutral, it had the tendency of discriminating against a religious minority, and thus was against the equality principle. Prisoners' rights were specifically dealt with in Mathew v. the Netherlands, application no. 24919/03, which looked into the conditions of the applicant's detention in Aruba. The Court after observing that the detainee was under solitary confinement for an excessive and unnecessarily protracted period, concluded there had been a violation of prisoner rights.
The Inter American Commission of Human Rights is yet another body that has made significant impact in the field of monitoring and protecting minority rights within the 35 members of the Organization of American States. The Organization of American States also has an Inter American Court of Human Rights which looks into various human rights issues. The Court has played a pro-active role in preserving minority rights among the members of the Convention. One landmark decision relating to child rights is Morales v Guatemala (2003) 10 I.H.R.R. 995, which looked into the extra judicial killing of children on the streets. The Court came strongly down upon the Guatemala Government ordering them to provide non-pecuniary damages to the kin of children and also ordering them to conform to the provisions of the Convention.
VI . Conclusion
It is to be noted that almost all States have one or more minority groups that can be distinguished by their ethnic, linguistic or religious specialty. The diversity that these groups bring forth should be protected. The various international, and regional organizations, the most important being the United Nations through its various conventions have tried to preserve and protect these ethnic, linguistic or religious characteristics of these groups by granting them minority rights. The implementation remains a huge problem since most of the International regulatory bodies lack an effective mechanism for enforcement of decisions and to ensure implementation of the minority rights. Once this obstacle is mitigated to an extent, the rights of the minorities can be protected at an international level in a much more effective manner.


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- The Jonas Brothers' Happiness Begins tour started on August 7
- The first concert was in Miami, Florida
- The Jonas Brothers were accompanied by their wives
How cool are the Jonas Sisters? Very. Priyanka Chopra (married to Nick Jonas), Sophie Turner (Joe Jonas' wife) and Danielle Jonas (wife of Kevin Jonas) have nicknamed their fam group of three as the 'Jonas Sisters' and we love it. The Jonas Brothers kick-started their Happiness Begins tour on Wednesday with their first concert in Miami, Florida and Priyanka, Sophie and Danielle were the loudest cheerleaders in the concert hall. The Isn't It Romantic actress shared glimpses of the Jonas Brothers' performance on her Instagram stories followed by a few priceless photos from the event venue.
Priyanka's pictures are proof that Nick Jonas not only took along the pack of Jonases but also a bunch of Chopras to their big event. Spotted posing for a group photo were Priyanka's brother Siddharth, mom Madhu Chopra, Nick's parents Denise and Paul Kevin Jonas and the youngest Jonas brother Frankie. "Family. Happiness Begins sold out tour! Crushed it! So proud of you guys," Priyanka captioned one of the photos while for another, she added: "The J-sisters for life." Our personal favourite is the one in which Priyanka, Sophie and Danielle are twinning in matching tees that say 'Jonas Brothers'. How cool is that?
Take a look at photos from the Happiness Begins tour here:
After performing at their sold-out show in Miami, the Jonas Brothers tweeted this: "Miami night one was insane. We love you guys."
Miami night one was insane. We love you guys. #HappinessBeginsTourpic.twitter.com/CWYHSD2YX3— Jonas Brothers (@jonasbrothers) August 8, 2019
Happiness Begins is the Jonas Brother's first mega tour after they reunited earlier this year. The Jonas Brothers will cover 90 locations across North America and Europe as part of their tour, which comes to an end next year with the final performance in Paris on February 22.


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Our new website address: www.wdev.eu
The General Conference of UNESCO, meeting in Paris from October 3 to October 21, approved the Convention on the protection and promotion of the diversity of cultural expressions, an international normative instrument that will enter into force three months after its ratification by 30 States. Delegates voted 148 to 2 to approve the document with four abstentions (Australia, Nicaragua, Honduras and Liberia). The US and Issrael opposed it. An In Brief analysis.The result of a long process of maturation and two years of intense negotiations, punctuated by numerous meetings of independent and then governmental experts, this text which takes the form of an international normative instrument, reinforces the idea already included in the UNESCO Universal Declaration on Cultural Diversity, unanimously adopted in 2001, that cultural diversity must be considered as a "common heritage of humanity", and its "defence as an ethical imperative, inseparable from respect for human dignity." In 2003, Member States requested the Organization to pursue its normative action to defend human creativity, a vital component of the Declaration, as explained in Articles eight and eleven. * The diversity of cultural expression in the context of globalizationThe Convention (>>> here) seeks to reaffirm the links between culture, development and dialogue and to create an innovative platform for international cultural cooperation; to this end, it reaffirms the sovereign right of States to elaborate cultural policies with a view "to protect and promote the diversity of cultural expressions" and "to create the conditions for cultures to clourish and to freely interact in a mutually beneficial manner" (Article 1). At the same time, a series of Guiding Principles (Article 2) guarantees that all measures aimed at protecting and promoting the diversity of cultural expressions does not hinder respect for human rights and fundamental freedoms "such as freedom of expression, information and communication, as well as the ability of individuals to choose (them)…". As well, the "Principle of openness and balance" ensures that when States adopt measures in favour of the diversity of cultural expressions "they should seek to promote, in an appropriate manner, openness to other cultures of the world". The rights and obligations of Parties (Articles 5 to 11) include a series of policies and measures aimed at protecting and promoting the diversity of cultural expressions, approaching creativity and all it implies in the context of globalization, where diverse expressions are circulated and made accessible to all via cultural goods and services. Thus, Parties, recognizing the fundamental role of civil society, will seek to create an environment that encourages individuals and social groups "to create, produce, disseminate, distribute and have access to their own cultural expressions, paying due attention to the special circumstances and needs of women as well as various social groups, including persons belonging to minorities and indigenous peoples", and "to recognize the important contribution of artists, others involved in the creative process, cultural communities, and organizations that support their work, and their central role in nurturing the diversity of cultural expressions." * An International Fund for Cultural DiversityIt should be stressed that international promotion and cooperation, especially in the case of developing countries, is at the heart of the Convention (Articles 12 to 19). To this effect, the creation of an International Fund for Cultural Diversity, has been provided for (Article 18). Resources for this Fund will come from voluntary contributions from Parties, funds allocated by UNESCO's General Conference, diverse contributions, gifts or bequests, interest due on resources of the Fund, funds raised through collections and receipts from events organized for the benefit of the Fund, or any other resources authorized by the Fund's regulations. The concern to ensure coherence between the Convention and other existing international instruments guided States to include a clause (Article 20) aimed at ensuring a relationship of "mutual supportiveness, complementarity and non-subordination" between these instruments. At the same time, "nothing in the present Convention shall be interpreted as modifying rights and obligations of the Parties under any other treaties to which they are parties." The Convention establishes a series of follow-up mechanisms aimed at ensuring efficient implementation of the new instrument. Among these, a non binding mechanism for the settlement of disputes allows, within a strictly cultural perspective, possible divergences of views on the interpretation or application of certain rules or principles relatives to the Convention (Article 25) to be dealt with. This mechanism encourages, first and foremost, negotiation, then recourse to good offices or mediation. If no settlement is achieved, a Party may have recourse to conciliation. The Convention does not include any mechanism for sanctions. Finally, it should be recalled that UNESCO's Constitution provides a mandate to both respect the "fruitful diversity of (…) cultures" and to "promote the free flow of ideas by word and image", principles that are reaffirmed in the Preamble to the Convention. The Organization, which celebrates its 60th anniversary next month, has spared no effort to fulfill this double mission. With this Convention, it completes its normative action aimed at defending cultural diversity in all of its manifestations, and most especially the two pillars of culture: heritage and contemporary creativity. * Step forwardEven though the convention, the result of two years' heated and occasionally bitter negotiations fell short of the hopes of its original sponsors, France and Canada, its adoption by UNESCO was hailed as an important step toward protecting threatened cultures, particulary in development countries. Canada and France won broad support for the convention partly by highlightening the question of its impact on trade liberalization and future trade talks. For instance, while the convention states that it cannot be interpreted as "modifying rights and obligations of the parties under any other treaties to which they are parties", it also requires governments to take it into account in international negotiations.(Posted: 23 October 2005)Access to the articles is free of charge during the pilot phase. But as of April 2006, the beginning of the regular subscription period, a special authorization will be required. Subscribers will receive a username and a password with their subscription.* SUBSCRIBE to World Economy & Development in brief >>> here.
Issue 1-2/Jan-Jun 2017
The end of US hegemony + Financing for development? Mostly not! + Turkey at the crossroads
Issue 1-4/Jan-Dec 2016
The Brexit is not gender-neutral + Poverty reduction at risk + ITUC Rights Index 2016 + Europe's multiple crises
Issue 3-4/Jul-Dec 2015
Left losses in Latin America + World Bank's gender strategy + Markel's victory in Greece
Issue 1-2/Jan-Jun 2015
Tax avoidance and investment policy + Alternatives to stagnation in Europe + New labour standard + Rehabilitating the c word
Issue 4/Oct-Dec 2014
Challenging 2015 + PPP and infrastructure + The case of Ebola + OECD and tax avoidance + Juncker's new European Commission
Enthronisation of an ultra-presidential regime?
At first glance, everyday life seems not to have changed in Istanbul. The streets are congested; people hurry to the ferry or the bus. For weeks, there has been no terror attack. Nevertheless, there are some visible changes. There are much more policemen in the streets. In some days, the Istiklal Caddesi, the main shopping street on the European side, seems to be under a state of siege. At every street corner, there is police van with the blue light switched on.
Financing for development? Mostly not!
Recent disturbing trends in international finance have particularly problematic implications, especially for developing countries. The new United Nations report, World Economic Situation and Prospects 2017 (WESP 2017), is the only recent report of a multilateral inter-governmental organization to recognize these problems, especially as they are relevant to the financing requirements for achieving the Sustainable Development Goals (SDGs).
The end of US hegemony
The Trump government signals unequivocally the end of international US hegemony. An international hegemon is able to define rules that find relatively broad acceptance internationally and plays a role in safeguarding international economic stability. The Trump government announced measures that go against the present economic rules while not proposing new ones.
Global employment crisis: 2030 Agenda under threat
The global deficit in quality jobs and deteriorating economic conditions in a number of regions threatens to undo decades of progress in poverty reduction, warns a new report by the International Labour Organization (ILO), the World Employment and Social Outlook (WESO) 2016.
The closing of democratic space for trade unions
Weakening of workers' rights in most regions is being aggravated by severe crackdowns on freedom of speech and assembly, according to the 2016 Global Rights Index. Restrictions on freedom of speech and assembly, including severe crackdowns in some countries, increased by 22%, with 50 out of 141 countries surveyed recording restrictions.


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