Outline Spelling and Structure Check Essay Example for Free

Outline Spelling and Structure Check Essay I. Introduction. 1. African American women are faced with the conflict between reality and their happiness. The reality is that African American women are facing unfair treatment, unjust social structure, and racism in a society that consists of white people as the majority. They will be able to achieve happiness and acceptance when they are treated just as the white people are treated, when respect to the African American race is recognized, and when they are provided more opportunities and not discriminated just because of their color. 2. Elise Jonson McDougald wrote the essay entitled â€Å"The Task of Negro Womanhood† for all African America women. 3. In the novel Passing by Nella Larsen, two characters, Irene and Clare, demonstrated the problems of African American women outlined in McDougal’s essay. 4. Looking at the two characters, we analyze what â€Å"passing† truly means. We also look at why the women pass off as a white person, how they are doing this, and what results do they get. Only after can we find the solution for the two womens happiness in the McDougald essay. 1. Clare desires for the outside beauty. She gives importance to material things. She deceives her husband when she passes off as a white person when the truth is, she belongs to the African American race. She gets what she has dreamed of all of her life. However, she is not happy because of her lies and not knowing where to place herself in society. 2. She felt lonely, as she could not relate her problem to her husband. She then meets her old friend, Irene, whom she started to compare herself with. As a result, she realizes that material things are not essential in life and that family and identity are the more important things that she has to think about. Ultimately, her lying leads to her death. 2. For Irene, family is more important. She has the right moral values. When she met Clare, she also started to compared herself with the other woman. She felt inferior to Clare and worried living as   a true African American woman. She forced her husband to be a doctor and regret not â€Å"passing.† As a consequence, she lost her husband’s trust when she sat back and let Clare die. 3. The two women fail to live a happy life. McDougald gave each other solutions to their misery. 4. Conclusion.  McDougald emphasizes the beauty and importance of African American women’s identity. What does the color â€Å"black† for African American mean? Black color is the African American’s racial stem. They have to understand first about their race and their history, and then we can change problems that they deal with from the society. In the novel, both women

Events that lead to the Civil War :: American History

Events that lead to the Civil War The secession of the southern states was a long simmering conflict. The secession of the southern could have been avoided by both the North and the South could have come up with a compromise. The secession of the southern states inevitable because the South knew that the North wanted to end slavery and the South wanted slavery because it was their way of life. To have slaves was their way of life style, both the North and the South couldn?t have come up with a compromise and agree with it. The three most important events that lead to the secession of the southern states and the civil war were the Wilmot proviso, California state hood, Fugitive slave law, and Uncle Tom?s cabin. Wilmot?s proviso it proposed western territories are closed to slavery. The Wilmot proviso it was created by David Wilmot in 1846. Wilmot proviso it supported the containment and destruction of slavery. The north feared that the south would become too powerful in congress. The south opposed Wilmot proviso because they need slavery to survive economically. The south feared that the north would take over the south. The California state hood was when California became part of the union. The union said the only way they can be part of the union is if they enforced the fugitive slave law. The fugitive slave law was passed by congress into making people turn in fugitive slaves. The law it effected the North and the South in some ways. It effected the North into creating the Underground Railroad and violence to free the slaves. These laws made the north pass the personal liberty laws. These laws effected the south by making slave owners threatened to secede/withdraw for the union. Uncle Tom?s Cabin it was a book that was written by Harriet Beecher Stowe on June 5, 1852. The book was criticized by the south the characters were being stereotyped and the plot was melodramatic. The north?s reaction to the book was they increased their protests against slavery and the fugitive slave law. The south?s reaction was they criticized the book as an attack on the south. The south didn?t like the book because they thought that it was an attack on them and slavery. These are some of the events that lead to the Civil war and the secession of the southern states.

Pulchara Negotiation

IntroductionThis is paper seeks to analyze and discuss the results of a simulated negotiation between two nations which are Pulchara and Veritas. This researcher represented Pulchara as Deputy Foreign Minister of Economic Affairs to negotiate with the Diego, as the First Secretary for International Legal Affairs from Veritas on issues of compensation caused by damaged to Pulcharas’ farmers crops caused by a chemical pesticide DS-30 leakage from a chemical plant in Veritas that had adversely affected large tracts of Pulchran farmland.After the negotiation, there is a good ground to now have analysis whether there is basis to sustain of the application of tools that this researcher has learned in class to a deeper understanding of the negotiation. The analysis therefore basically as ask reason for the working of negotiation tactics employed in the case and wells as the finding the reasons for the partner having been able to set the frame more effectively than me.Using evidence o f what really happened in the negotiation as well valid references; this paper will try to revisit what happened in the preparatory phrase including the sort of preparation and what strategy did developed.   Included also are the applications of the concept of BATNA, target point, resistance point, position, interest and positions, anchors   during   entry phrase. In addition, discussion extend to framing preferred and applied by the parties, shaping the end game after the first agreements and whether special topics on culture, gender power, personality, communication, or other thematic issues did play in the negotiation.  Ã‚   A conclusion on the analysis made will form to end the paper.The preparatory phaseAt the preparatory phase, I needed to know what I wanted to have for my country and that is to compensated by Veritas within an amount I believed that is fair enough within a certain predetermined range of figures.   As the representative of Pulchra I approached this n egotiation with a Calculus-based trust. I depended on a history of cordial relationship with the Veritas and hoped they will reciprocate. I felt as if I did not have a great BATNA, because winning the election was main concern, and it can only happen if Diego of Veritas spills out the money. I went in with my Resistance Point at 50 million and Optimal point at 100 million.I found my negotiation with Diego very peaceful and respectful. I ran into a trouble when I could not explain why we cannot export the damage crops in a time of emergency. I have explained to him that the crops were destroyed by the farmers according to our legislation. He argued that they could have been exported to other part of the parts of the world, and our policy states no import over 4ppm.Diego stated that he can only compensate for the 300,000 mt because it went over 12ppm. I could not get him to come to 800,000mt. I became a little forceful and expressed signs of disrespect when he offered 300,000mt for 12 5/mt which comes at 37.5 million. Showing signs of a salesman, he offered 500000mt for 125/mt expressing that the farmers are interested in their inflated price of 125/mt, and agreeing to this agreement will make all of us happy. He explained deal comes out at 62.5 million and knowing that congress will reimburse them will 50 million which will come out as 112.5 million, this being over their original demand of 100 million.   I guess Diego knew that I do not have a good BATNA and that he knew that what is important to me is that I got the farmers compensatedThe use of BATNAMy BATNA (Spangler, 2003) was to walk out of the negotiation is to bring the complaint of the farmers to the international courts and have Veritas pay the higher or actual amount if the Diego will not agree within my Resistance Point at 50 million and Optimal point at 100 million USD. Veritas’ BATNA was clear as Diego was able to parlay on the table ways to expand the pie when he has sensed that I was los ing respect when he started his offer to paying 300 mt at about 37.5 million USD.   Veritas’ side was able to anchor on his belief that my government would be ready enough to give 50 million USD from the act of legislature.The use of framingAs to the use of framing by either side it may be stated that the other side’s preferred frame is the further expanding the pie as Diego saw my limited options. With his knowledge that I am interested to have that $100M   as compensation of the damage for $800M, he as was brave to say that I could get the part of the amount the from my government. I know that knowing the interest behind my position (Fisher and Ury, 1981) taken is more important in negotiation.This I came to know after I have revealed the experience of a country who found it difficult to pay after they found the effort was not made to have the commitment of the responsible country to have at least promised some compensation.   I realized telling Diego a part of my BATNA world worse than it should have been. This happened because Diego perceived that my BATNA is worse than I thought. He used power in the conflicts (Coleman, 2000).Between the two of the negotiator I feel Diego was more persuasive since he seemed to have prepared more for the negotiation up to what level I would be anchoring the negotiation. He seemed to know my asking price. Since his country is basically admitting responsibility he was in a sense to be finding the best criteria to base this country’s liability.   I found that I basically told him what is my interest and he seemed to have read it easily and thus the negotiation was not as difficult as I had expected.The main negotiationAs to the main negotiation, it may be asked: What tactics were used by both sides? Was it more collaborative or competitive (or did it switch over the course of the negotiation, and how)? Why were these tactics effective or not?In response to the questions, I guess both of us applied the collaborative approach (Weber, and Khandemian, 1997; Meiners and Miller, 2004) as I started with the negotiation by approaching this negotiation with a Calculus-based trust. Having depended on a history of cordial relationship with the Veritas and with my big hope that they will reciprocate, I actually set the stage for a very collaborative instead of competitive one.This researcher believes that the tactics employed were effective enough because we chose to expand the pie instead of taking a hard-line position in the negotiation. I was looking forward to the election of the President of my country and who continued stay will also keep my long-term in office as government official and a representative of my country on issues of international dealings like the negotiations I had.As to endgame stage of the negotiation, the following questions   may be asked:   Once we had some agreement on the main points, or a `first agreement`, how did the remaining points shape up, and wha t brought us the negotiators to the final deal? Did we try any `nibbles` or other tactics in this phase? How well did they work?What has kept the negotiation proceeding well, I believe, is based on our giving much importance to our relationships is friends and this has led the negotiation proceeding almost very smoothly. With Diego understanding the destruction of the farmers would be important to my country and his country’s readiness to respond to the need by ad admission of the result of the damage, the issue was more the amount of the compensation.We conducted the negotiation in a relatively peaceful and friendly environment where we feel we could just make thing free flowing.   Diego as I said has the marking of salesman since from his offer of compensating only 300,000 metric tons of the crops which had effectively raised by blood pressure because the amount of compensation would be below my walk away price of 50 million, he was magnanimous and friendly enough to brin g it into 500,000 and thereby sending the amount of 62.5 million USD.He capped it by saying that 50 million could be coming from my country’s legislature and that would exceed the 100 million being demanded by the farmers.  I guess, there is wisdom in what Diego did in jumping from 300,000 metric tons to 500,000 tons as a sign of building greater business relationship   with the offer of buying the my country’s farmer’s products for the next five years.   Diego again I suppose know my BATNA and he sensed that my country’s farmers have limited options where to sell the products.Although a bit satisfied, I felt I should fish for more damaged crops. I insisted that he should compensate for the damage of at least 600,000 mt for the market price of 115/mt. I tried to cajole him into our friendship in the past and that I have to explain the farmers why I cannot compensate for more of damaged crops. They complied according to our law and damaged crops is 8 00,000 mt not 500,000 mt, which you party is culpable of. He was resolute about his offer, but did bend a little by offering to buy more crops from us in the future, which came about 5 years agreement. I could not set the price of future crops with him due to shortage of timeThe relevance of culture, gender power, personality, communication, or other thematic issues in negotiationAs to whether culture, gender power, personality, communication, or other thematic issues play in this negotiation, I believe they have played a part to the extent how one negotiator feels about the other.   Diego’s personality was that of sales man and so was I. We felt there was better reason to agree on many things despite the conflict than walking out of the negotiation.ConclusionTo conclude, it may be stated that I felt if I was a little aggressive in the beginning and showed more of a concern about the election, and Verities has no option but to help us out with 100million. By expressing that it is in both Presidents’ interest that we win the election and dictating that there will be no compromise in the 800000mt damaged, especially from a friendly nation. Most likely my deal would have closed with much higher offer than 62.5 million. I still would not have a threat approach, by challenging them to the Nuclear charge. I feel cooperative approach is the only way to go.This experience has also proved to this researcher the importance of frame, the significant role played by having BATAN, anchoring one’s argument of what may deemed fair that could further expand the pie as well the greater benefit in collaborative negotiation rather a competitive one.References:Coleman. P (2000) â€Å"Power and Conflict.† Morton Deutsch and Peter T. Coleman, eds., The Handbook of Conflict Resolution: Theory and Practice San Francisco: Jossey-Bas Publishers, 2000, pp. 108-130. Fisher and Ury (1981) Getting to Yes: Negotiating Agreement Without Giving In. (New York: Peng uin Books, 1981), 104. Meiners and Miller (2004) The Effect of Formality and Relational Tone on Supervisor/subordinate Negotiation Episodes; Western Journal of Communication, Vol. 68 Spangler, (2003) Best Alternative to a Negotiated Agreement (BATNA), {www document} URL, http://www.beyondintractability.org/essay/batna/, Accessed December 14, 2007 Weber, and Khandemian   (1997) From Agitation to Collaboration: Clearing the Air through Negotiation; Public Administration Review, Vol. 57, 1997

Dispute Settlement Clauses in Investment Treaties - Free Essay Example

Sample details Pages: 4 Words: 1331 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Tags: Investment Essay Did you like this example? A vital element of investment treaty arbitration is the dispute settlement clause found in investment treaties. It grants investors the right to institute arbitration proceeding directly against a state. This type of clause represent a change from traditional international law practice where by an investor was generally dependent on its home sate to pursue a diplomatic protection claim on behalf of the investor.[1] 3.8.1. International Center for Settlement of Investment Disputes The ICSID is an autonomous international institution formulated under the auspices of the World Bank to facilitate as a specialized method of international dispute settlement. The claimant in this form of arbitration is a private party and the respondent is a foreign state. The convention also known as the Washington convention entered into force in October 14, 1996. The ICSID is based in Washington; the center offers special autonomous procedures for administering investment arbitration between a state, or state entity and a foreign private investor. ICSID was created as n independent international organization (article 18 of ICSID), but ità ¢Ã¢â€š ¬Ã¢â€ž ¢s structurally linked to the World Bank. The banks governor sits on the administrative council of ICSID, the chairman of the administrative council is the World Bank president and the ICSID secretariat is funded through the World Bank. The ICSID has a comprehensive o structure consisting of a council and a secretariat. The a dministrative council is composed of all contracting states, the secretariat on the other hand provides the day to day administrative and support function for arbitration. Initially numbers of cases registered with the ICSID was low. After the conventions entry to force in 1966 no case was registered with ICSID,[2] between 1966 to 1996 only 35 cases were registered, an average of one case per year approximately.[3] Today though the picture is totally different, the number of cases registered at the ICSID has increased significantly. The ICSID has also brought some revolutionary change in private vs. state arbitrations. Traditionally investors depended on their home state to pursue claims on their behalf against a host state before an international court or tribunal. The ICSID conventions grants investorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ direct arbitration rights against states. In contrast with other arbitral institutions, ICSID procedure is self contained and insulated from domestic cour t involvement during arbitral procedure.[4] The insulation of ICSID arbitral proceedings from the influence of domestic court is achieved through a number of provisions in the ICSID convention. Under the ICSID convention domestic courts have no power to set aside ICSID awards. Under international law submission of a private party claim against states before an international tribunal requires that the party first needs to exhaust the local domestic legal remedies available in the respondents states domestic courts. The ICSID reverse these notion and it presumes that parties to the convention have waived there requirement of exhaustion of domestic remedies. Due to its advantages, ICSID is a major actor in the field of international investment and economic development, the ICSID stands as a leading international arbitration institution devoted to investor vs. state dispute. Don’t waste time! Our writers will create an original "Dispute Settlement Clauses in Investment Treaties" essay for you Create order 3.8.2. Permanent Court of Arbitration The PCA was established in 1899 at the first Hague peace conference. The PCA provides arbitration for cases involving states, intergovernmental organizations against private parties.At the conference à ¢Ã¢â€š ¬Ã…“Convention for the Pacific Settlement of International Disputes,à ¢Ã¢â€š ¬Ã‚  was adopted which established which set the foundation for an institution resolving international commercial dispute. The Permanent Court of Arbitration was founded. It was the first in its character to have a political character because it was created bu states pooling their resources. The PCA was founded in 1899; the PCA holds the pride for being the oldest institution that deals with international dispute resolution. At the time it was established referring disputes or international disputes to international tribunals for resolutions was rare. In the same way, international law the basis for dispute resolution wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t quite relatively undeveloped. Hamilton elaborates th at à ¢Ã¢â€š ¬Ã‹Å"while a rudimentary set of principles had emerged from a combination of state practice and the theoretical wok of writers such as Grotius, Vattel and Pufendor, neither the substantive rules needed to regulate the complex relation of states nor, naturally, the adjectival law indispensable to third party processes of dispute resolution, had been properly developed[5] The PCA back then is todays forms of international dispute solving mechanism, including the International Court of Justice (à ¢Ã¢â€š ¬Ã…“ICJà ¢Ã¢â€š ¬Ã‚ ).[6] The PCA headquarters is located in Hague, and it house in the peace place, the Peace Palace now also houses the ICJ, the Carnegie Library and The Hague Academy of International Law. When it was first founded, the PCA establishment purpose was to settle dispute between states. During it first existence yearà ¢Ã¢â€š ¬Ã¢â€ž ¢s significant number of interstate disputes were submitted to tribunal under PCA auspices. The PCA has to solve issues relating to territorial disputes, state responsibilities, treaty interpretation more generally issues related to international public law. Many of the principles laid down in the early PCA cases are still good law today, and are cited by other international tribunals, including the ICJ.[7] Mentioned earlier, the PCA was established to resolve interstate disputes, but in the 1930s the PCA was authorized to use its facilities for conciliation, and for the arbitration of international disputes between States and private parties, making it available for resolving c commercial and investment disputes. In 1962, the PCA elaborated a set of à ¢Ã¢â€š ¬Ã…“Rules of Arbitration and Conciliation for settlement of international disputes between two parties of which only one is a State,à ¢Ã¢â€š ¬Ã‚  which undoubtedly inspired the subsequent adoption of the 1965 Agreement establishing the ICSID at the World Bank. The PCA was revived in the 1980s by the the United Nations (UNCITRAL), it a dopted a set of non-institutional arbitration rules for settling international commercial disputes. There was a setback for the United Nations though, having created all these rules to foster international trade, they had no method for appointing arbitrators and deciding challenges. The UNICITRL rules had given disputant parties the choice of setting their own rules for arbitration and also the choice to choose their own arbitrator. It also stated in cases in which the parties were unable to agree on the choice of an appointing authority, a trusted international institution was needed. Since 1981, nearly 200 requests for designation of an appointing authority have been submitted to the Secretary-General, the vast majority of them since the mid-1990s. This increase, as well as, the increasing complexity of the cases in which requests are made, has brought the PCA squarely into the realm of international commercial arbitration. Since then, the PCA has expanded and internationali zed its staff, increased worldwide awareness of its facilities and services, and improved and modernized the functioning of its system of dispute settlement primarily by adopting several sets of procedural rules, nearly all of which are based closely on the comparable UNCITRAL texts.[8] The basic organizational structure of the PCA is set out in the 1899 and 1907 Conventions. The PCA is not an actual court true in the sense it doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have permanent judges residencing in it. Instead, a permanent secretariat, known as the International Bureau and headed by the Secretary-General, assists the parties by establishing and administering for each case an ad hoc tribunal. The Bureau serves as the operative as the engine of the PCA. It holds the permanent list of arbitrators; it handles communication for the PCA. Supervisory and overseeing of the PCA is held by the Administrative Council, the administrative council consists of the diplomatic representatives of member coun tries. The Council duty is to guide the work of the PCA, and control its administration and expenses. [1] Greenberg, Simon, International Commercial Arbitration: An Asia-Pacific Perspective, Cambridge university press, 2011, p.481. [2] Greenberg, Simon, International Commercial Arbitration: An Asia-Pacific Perspective, Cambridge university press, 2011, p.481 [3] icsid.worldbank.org [4] Greenberg, Simon, International Commercial Arbitration: An Asia-Pacific Perspective, Cambridge university press, 2011, p.492. [5] Hamilton, P, The Permanent court of Arbitration: international arbitration and dispute resolution: summaries of awards, settlement agreements and reports, kluwer law international, 1999, p.3. [6] Unctad.org [7] Hamilton, P, The Permanent court of Arbitration: international arbitration and dispute resolution: summaries of awards, settlement agreements and reports, kluwer law international, 1999, p.3. [8] Unctad.org