Violence and Religion Essay - 582 Words

Violence is an ever present dark cloud that blots out the sun; a stifling hand over the mouth of the victims of society. The word violence, when looked up in a dictionary, has a list of varied definitions, and for a good reason. Violence comes in many different shapes and sizes. A definition that best covers the idea is: any act that show aggression or is intentionally done in the intent of hurting someone. Now this covers the idea of physical, emotional, and mental harm. Violence is a highly controversial idea that is one of the harder concepts to grasp relating to psychology and human nature It was once said by jiddu krishnamurti that â€Å"Violence is not merely killing another. It is violence when we use a sharp word, when we make a†¦show more content†¦On top of that 3 out of five murders, or attempted murders, are motivated by some form of sexual, physical, mental or emotional, violence or abuse. The problem with violence is that the human mind and body is easily har med. And all though physical violence is easily identified, other forms are not so easily recognized. Occasionally we are violent towards others without ever meaning to be. Discluding others from activities or ignoring individuals, may also be forms of violence towards the victim of these callous acts. One’s actions against another can be perceived in a multitude of ways. Some may take simple jests are hurtful remarks. For example if a stranger meets someone new and exchanges playful banter about ones appearance, the person could take offence to the comment and the playful banter could cause serious emotional damage; therefore, by not watching what one says, they have victimized this person. In order to prevent this issue, self restraint, and forethought must be used. Consider before you speak how a person might perceive your words. Pretend when you approach a situation that each and every one person could be your next columbine shooter. Each and every person has the potenti al to commit a murder of or other heinous violent crime. The potential is bred into us, in theory, through the first two humans Adam and Eve. Christians believe that when the fist sin was committed and Adam and Eve received the knowledge of good and evilShow MoreRelatedReligion : Abrahamic Religions And Violence2836 Words   |  12 PagesJacob Hane Ms. Houle English 9H-3 May 7th 2015 Abrahamic Religions and Violence On, February 25, 1994, an armed Israelite, Baruch Goldstein, entered into a mosque in Hebron and open fired into a group of Muslims during their holy month of Ramadan. Goldstein, baring a Galil assault rifle and training from the Israeli army, killed twenty-nine muslims and wounded countless others (Wiles). His actions later inspired riots throughout the streets of Hebron, which resulted in approximately sixty deathsRead MoreReligion As An Excuse For Violence1270 Words   |  6 Pagesall religions around the world are based on a belief. Almost every religion have certain rules and principles that order together within a society: Many people misunderstand and misinterpret the holy texts the Bible, Quran, Torah, and others fabricate. Religion is defined as faith to a higher being who one believes has created us. It has also been used as laws through history to stop the committing of crimes. In many religions, the consequences of breaking rules and regulations of the religion areRead MoreIslam : A Religion Of Violence1885 Words   |  8 PagesThe Refuting of Islam being born a Religion of Violence There are those in the world that maintain that Islam is a religion born of violence, but many scholars, including Timothy Rowe and William T. Cavanaugh, maintain that Islam was not a religion born of violence instead a religion that was born into a violent culture. This thesis by both scholars allows for the interpretation of Islam that looks not only at the actions of today, but also at the historical foundations of Islam from its birth inRead MoreIslam Is A Religion Of Violence1965 Words   |  8 PagesIn the article â€Å"Islam Is a Religion of Violence†, Ayaan Hirsi Ali discusses the long-debated question of whether Islam is a religion of violence or peace. Islamic terrorism was brought to the forefront of American and Western awareness on September 11, 2001 with the crash of the twin towers. More acts of terrorism committed by Muslims followed throughout the years in different parts of the world. To understand the cause of Islamic terrorism, Ali divides its adherents i nto three categories: the fundamentalistsRead MoreReligion and Violence Essay examples1081 Words   |  5 PagesConflict and violence is around us throughout the world and the mass media has made a huge impact of what we think of violence and the relation to religion, especially in the last couple of years. In addition violence has been considered as being part of human nature and comes from our biological structure of aggression. It is an out let for us to relieve stress levels and some believe that it can be a device of vengeance and a positive mechanism to human survival. For example it is a system forRead MoreViolence, Religion, Or Past Experiences1158 Words   |  5 PagesCulture violence intersect in many different situations both through direct and indirect contact. The two can be observed in multiple settings but I am going to focus on the violence that occurs within Intimate Relationships, particularly between a man and woman, and how women assume the role of the ‘ submissive’ partner. I will talk about how different cultural feelings, religions and exposure to intimate partner violence can be an example of culture and violence intersecting by observing the threateningRead MoreReligion As A Primary Force Of Violence1762 Words   |  8 Pagesmodern society consider themselves a certain religion. Within this religion they believe that all human beings who are apart of that religious community are sacred, in and of themselves, because they share a specific fundamental set of beliefs and practices as well as worship the same God. It can be argued according to Mark Juergensemeyer, author of â€Å"Terror in the Mind of God.† that religion has a natural affinity to violence. That is why, even though religion began the division of humankind, the religiousRead MoreBuddhism : A Religion Of Peace And Non Violence1185 Words   |  5 PagesNirvana. Even though there are many sects of the Buddhist faith, this essay focuses on the shared peac e practices and beliefs Buddhism promotes, especially the concept of inner peace through reflection. Buddhism is known widely as a religion of peace and non-violence, though there are outlying examples contrary to the point such as Sri Lanka, Myanmar, Thailand, and etc., the concept of achieving inner peace and living harmoniously no matter what views one has can promote a positive society. Read MoreReligion And Violence Is Currently One Of The Most Recurrent1623 Words   |  7 PagesReligion and violence is currently one of the most recurrent themes authors write about due to the numerous terrorist actions that consistently occur. These incidents raise multiple questions that the authors of the articles tried to answer by treating different aspects that intersect with religion and violence such as politics and terrorism. The authors of these articles share a lot of ideas and assumptions while simultaneously disagree on others and try to explain certain aspects differentlyRead MoreThe Role Of Politics, Religion, And Violence In The Metamorphoses By Apuleius1828 Words   |  8 Pagesthe roles of politics, religion, and violence during this era by to uncover how each played into shaping life and society in ancient Mediterranean civilization. Violence has been a mainstay in humanity for as long as it has existed, and it manifested itself in ancient Mediterranean history in a variety of ways. In the ancient world, especially, violence was both brutal and ubiquitous. It was how empires were forged and it was how they fell. It is worth noting that violence in this time was almost

Survey ask 5 drivers about their knowledge Free Essays

What would you consider are outside and inside distractions while driving? Brian: inside is cellphone, radio, food, conversations, and kids. The outside distractions are, an accident on the road, construction, and any thing that catches interest. Ben: outside would be weather, advertisements, nice cars. We will write a custom essay sample on Survey: ask 5 drivers about their knowledge or any similar topic only for you Order Now Inside would be passengers, radio or phones or anything that involves music, also changing car settings like heat and AC. Meg: cell phone, conversations, food, makeup. Out side there are ads, other people, and the weather. Alexandra: In: cell phone, kids, dogs, food, Out: ads, other drivers, pedestrians, and animals Henry: outside there is advertisements, cars, really nice cars, homeless people, working people, running women, but inside there is the radio, heat, the dials, and passengers. Question #2: What would you do when approaching a traffic light that is flashing amber? Brian: slow down, and proceed with caution. Ben: slow down, proceed with cation and be alter for things out of the ordinary or onstruction. Meg: proceed with caution. Alexandra:slow down as much as possible, and proceed with caution. Henry: slow down, look around for any dangers, and continue with caution If one does not slow down, they may cause an accident with others that have, proceeding with caution is best advised, due to possible risks that may lay ahead. Question #3: When driving on a highway at 80 km/h the safe following distance is _. When would you increase this distance? Brian: two car lengths, at least. The space should be increased when the weather onditions are abnormal Ben: I would stay 3 seconds behind the car I front of my and increase that distance if I see anything a head that could be problematic like a merge lane, accident, construction Meg: three seconds approximately, but if the weather is bad, construction, or if there is traffic the space is increased. Alexandra: three seconds when the weather allows such. The time should be increased during rain, snow, ice and fog. Henry: 3-4 seconds, but increased when roads are slippery and/or wet, there is fog, and when it is snowing. If the following distance is not increased on highways when required, an accident may occur. The driver is putting him/her self in danger by not considering the adverse weather conditions, construction, and accidents. Question #4: What would you say are things that other drivers do that annoy you? Brian: tailgating, driving with your high beams on, texting, wearing headphones, not shoulder checking, and no signal usage. Ben: my number one most annoying thing that other cars do is not signal. Meg: when people cut me ott, or when they dont signal. It also bugs me when they’re to busy talking on their blue tooth to pay attention to what is happening around them. Alexandra: not signalling and cutting me off really gets me angry. Henry: women thinking that they can apply makeup while driving, tailgating, texting and not signalling, I believe that in order from most dangerous to least dangerous, these annoying actions are as listed: not signalling 2 texting 3 cutting off 4 tailgating 5 high beams 6 not shoulder-checking 7 talking on phone/blue tooth 8 make up How to cite Survey: ask 5 drivers about their knowledge, Papers

Energy Economics and Financial Analysis

Question: Discuss about the Energy Economics and Financial Analysis. Answer: Introduction The reported paper reviews the impact of falling coal prices on the global economies considering the demand and supply of the fossil fuel. Under the current circumstances, due to sluggish demand, drop in global consumption and falling crude oil prices have forced the prices of the fossil fuel to as low as $62 per metric ton in 2014-15 (Thurber and Morse, 2015). The weakening demand from the largest exporters and the global economic growth situation has significantly contributed to the falling prices of coal. Moreover, the paper has identified the critical reasons for the falling coal prices analysing the fundamentals of demand and supply of the commodity (Giraud, 2009). Also, the notable impact of declining coal prices on the coal importing, exporting and massive coal producing economies has been discussed herein providing supportive evidence (Roseman, 2009). Additionally, the impact of the falling prices of the fossil fuel of global industries has been identified showing proper argu ment. Reason for the falling price of Coal Several reasons have been identified that results in the falling price of coal in the international market. It has been found that all of these factors impacts that the demand and supply of the product that further results in the fall of price over the global market (Rademacher, 2008). The major reasons that have resulted in the falling price coal ate presented below: Reduction in the use of coal: A reduction in the use of coal can be evident with the development of bio-fuels and other less polluting fossil fuels (Rademacher, 2008). Furthermore, the increased use of electricity to run large furnaces and motors has resulted in the fall in demand for coal in the global market. Political issues: The political uncertainties have resulted in the fall of price in the coal industry in Australia. It can be seen that the changes in the taxation policy and price floor policy of the Australian Government has highly impacted the demand and supply of coal in the market (Heilmann, Saarenketo and Liikkanen, 2013). Environmental pollution: Environmental pollution has been a primary factor for the fall of demand and price of coal in the international market. It can be seen that there are several alternatives are create less pollution as compared to coal which have replace the commodity in the international market (Power and Brunt, 2007). Hence, it is a major factor for the fall of coal price in the Australian as well as international market. Economic Factor: It has been evident through survey that mining of coal is quite uneconomic as compared to other fossil fuels (Heilmann, Saarenketo and Liikkanen, 2013). It has resulted in financial losses of market leaders that made them increase the price which has resulted in a negative fall in the demand. It can be seen from the above analysis that every factor resulting in the fall of the coal price, primarily impacts the demand and supply of the commodity (Power and Brunt, 2007). It can be said that the current factors in the global market has resulted in the fall in the quantity demanded of coal and increase in the quantity supplied (Heilmann, Saarenketo and Liikkanen, 2013). Hence, the shift in the demand and supply curve has resulted in the fall of the price. A graphical explanation is given below: Figure: Demand and Supply of Coal Source: (Ravindra and Iyer, 2014) It can be seen from the above diagram that the demand curve shifts from D1 to D2 because of the fall in the quantity demanded of coal in the global market. On the other hand, the supply curve shifts from S1 to S2, resulting in an increase in quantity supplied (Ravindra and Iyer, 2014). Hence, the equilibrium price P1 to P2 keeping the quantity demanded constant at Q1 or Q2. The effect of falling price of Coal on the economies Impact on huge coal importing countries such as Japan The falling coal prices can be identified as one of the most inspiring economic events as the power-sector of Japan will revive from a decline situation. Under the current scenario of weak economic growth, the electricity demand in Japan declined by 2.7 percent in 2015. Meanwhile, the power sector transformation of Japan is leading to biggest coal imports at the cheapest rate. The weak prices of coal have influenced the thermal coal imports in 2015. Due to the increase in demand, the thermal coal imports rose by 4.8% to a record high of 114.145 million tonnes in 2015 (Buckley, 2016). Notably, in 2014-15 financial years, the price of coal was down to as low as $62 per metric ton due to sluggish demand and the slump in crude oil prices. As a result of the falling prices of coal, the Institute of Energy Economics Japan has predicted that the imports of LNG will be expected to decline to a record low of 79.6 million tonnes (Tsukimori and Sheldrick, 2016). Apparently, the slump in coal pr ices will improve the economic growth structure of Japan. Impact on massive coal exporting countries such as Indonesia The recent downward movement of coal prices have created significant economic issues for Indonesia as the exports of coal has significantly declined massively. Currently, Indonesias coal production industry is going into a deep turmoil as the ramping up production of coal has put the economy of the country in danger. In 2014, Indonesia, the worlds biggest exporter of the fossil fuel, shipped 410 megatonnes of coal to the neighbouring countries notably India and China (Coca, 2016). But, due to the global price fall of coal, shipments to China have been declined by 49% in 2015. The outlook of coal export is looking worse than ever in the next couple of years as well (Guay, 2014). As a result of the consequences, the coal-mining corporations of Indonesia are shutting down production demanding public subsidiary. Undoubtedly, the slump in the coal prices has affected the GDP growth of the country as the coal-mining industry has suffered massive losses due to decline in export of the fossi l fuel. Impact on countries with huge production and consumption such as China The slump in the coal prices has triggered a significant decline in coal production in China for the first time in last fourteen years. As the supply of coal exceeds demand, one of the largest coal producer and consumer of the fossil fuel, China has forced to put a break on coal production. According to the data released by the National Bureau of Statistics of China, in 2015, the coal production of the economy has been declined by 2.5% to 3.87 billion metric ton. Similarly, the consumption of coal prices has been reduced by 2.9% due to sluggish economic growth (Yang, 2016). Clearly, the demand, supply and pricing scenario of global coal market has indicated towards the massive fall of the coal industry in China creating issues of unemployment and economic debt situation (Liu, Margaritis and Zhang, 2013). The effect of falling price of Coal on the business or industry The businesses/industries likely to benefit from the fall of coal price The falling price of coal has primarily benefited the industries or businesses that use coal on regular basis. The major industries include steel producing firms, iron-ore factories, electricity production companies and businesses that required large furnaces that consume a huge amount of coal. These business or industries are benefitted because the fall in the price of coal results in the fall in the cost of production (Coca, 2016). Furthermore, the fall in the production cost increases the profitability of the firms. Hence, it can be said that the industries or businesses that uses coal in their daily production process are mainly benefited due to the fall in the coal prices over the global market (Soderbery, 2015). The businesses/industries likely to lose out from the fall of coal price Now, considering the negative side, it can be seen that the businesses or industries that deals with coal production and supplies coals in the overseas market are estimated to make a high amount of loss from the fall of coal price in the international market. The primary coal producers of Australia like Anglo Coal Australia Ltd, BMA Mines, Hunter Valley Energy Coal, BHP Billiton and Centennial Coal Company Ltd are likely to face a huge loss from the falling price of coal (Coca, 2016). It has been found that the fall in the price of coal has resulted in falling profitability of the firm. It has been found that in the recent years, several coal producing companies have shut down their production due to the immense losses (Soderbery, 2015). Hence, it can be seen that the coal producing businesses or coal industry of Australia is highly impacted by the falling price of coal. Conclusion The reason for declining prices of coal is quite significant considering the global economic situation and sluggish demand of the commodity. Meanwhile, environmental sustainability is another standpoint to avoid coal in the development of industries. Understandably, the massive coal importing economies such as Japan has utilised the opportunity for the development of the power sector transformation supporting the economic growth. Conversely, large-scale coal exporters such as Indonesia have faced significant headwinds due to falling prices of coal. In the meantime, economies such as China has found the condition more challenging as the production and consumption of the fossil fuels have seemed to be declining for the first time in a long time forcing unemployment and economic debt condition. Conclusively, on the basis of industrial development, power sector industries are significantly got the advantage whereas the coal-mining industry has faced unmanageable headwinds. References Buckley, T. (2016).As Japans Electricity Sector Evolves, Signs Its Coal Dependency Will Wane - Institute for Energy Economics Financial Analysis. [online] Institute for Energy Economics Financial Analysis. Available at: https://ieefa.org/as-japans-electricity-sector-evolves-signs-its-coal-dependency-will-decline/ [Accessed Sep. 2016]. Coca, N. (2016).Indonesia's coal addiction reaches new heights. [online] Southeast Asia Globe Magazine. Available at: https://sea-globe.com/19553-2-coal-indonesia/ [Accessed Sep. 2016]. Giraud, P. (2009). International coal prices.Natural Resources Forum, 13(4), pp.330-332. Guay, J. (2014).Coal Exports Are Dragging Down Indonesia's Economy -- Is the US Next?. [online] Huffington Post India. Available at: https://www.huffingtonpost.in/entry/coal-exports-are-dragging_b_4987403 [Accessed Sep. 2016]. Heilmann, P., Saarenketo, S. and Liikkanen, K. (2013). Employer branding in power industry.Int J of Energy Sector Man, 7(2), pp.283-302. Liu, M., Margaritis, D. and Zhang, Y. (2013). Market-driven coal prices and state-administered electricity prices in China.Energy Economics, 40, pp.167-175. Power, C. and Brunt, B. (2007). The role of industry associations in stimulating economic development: A case study of the information and communication technologies sector in Cork.Irish Geography, 40(2), pp.184-199. Rademacher, M. (2008). Development and perspectives on supply and demand in the global hard coal market.ZS Energ. Wirtsch., 32(2), pp.67-87. Ravindra, K. and Iyer, P. (2014). Decentralized demandsupply matching using community microgrids and consumer demand response: A scenario analysis.Energy, 76, pp.32-41. Roseman, E. (2009). Best Practices for Encouraging Private Sector Investment and Competition in the Power Industry.The Journal of Structured Finance, 5(3), pp.15-25. Soderbery, A. (2015). Estimating Import Supply and Demand Elasticities: Analysis and Implications.SSRN Electronic Journal. Thurber, M. and Morse, R. (2015).The global coal market. Tsukimori, O. and Sheldrick, A. (2016).As Japan's oil, gas, power use stalls, coal imports hit new record. [online] Reuters UK. Available at: https://uk.reuters.com/article/uk-japan-energy-demand-idUKKCN0V30N6 [Accessed Sep. 2016]. Yang, J. (2016).China Oil, Coal Output Decline Signals More Imports to Come - Bloomberg. [online] Bloomberg.com. Available at: https://www.bloomberg.com/news/articles/2016-07-15/china-s-oil-coal-output-slides-in-sign-of-more-imports-to-come [Accessed Sep. 2016].

Uncitral Model Law Essay Example

Uncitral Model Law Essay Pepperdine Dispute Resolution Law Journal Volume 3 | Issue 3 Article 5 4-6-2012 UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly Robert N. Dobbins Follow this and additional works at: http://digitalcommons. pepperdine. edu/drlj Part of the Commercial Law Commons, Dispute Resolution and Arbitration Commons, International Law Commons, International Trade Commons, Legislation Commons, Other Law Commons, and the Remedies Commons Recommended Citation Dobbins, Robert N. 2003) UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly , Pepperdine Dispute Resolution Law Journal: Vol. 3: Iss. 3, Article 5. Available at: http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 This Article is brought to you for free and open access by the School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Dispute Resolution Law Journal by an authorized administrator of Pepperdine Digital Commons. For more information, please contact Kevin. [emailprotected] du. Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly Robert N. Dobbins As has often been the case for this virtually unsung Commission of the United Nations, with little fanfare outside the United Nations earlier this year the General Assembly formally adopted the Model Law on International Commercial Conciliation (the Model Law) created by the United Nations Commission on International Trade Law (UNCITRAL; also the Commission). We will write a custom essay sample on Uncitral Model Law specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Uncitral Model Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Uncitral Model Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Readers should not misconstrue the quietude as something indicative of insignificance. The Model Law is landmark legislation in this age of globalization, providing a solid foundation on which UN Member States and businesses can build international commercial relationships with the comfort of knowing that they can control the outcome of the inevitable future disputes. By no means a Pulitzer Prize winner, for those interested enough to inquire, the story of the creation of the Model Law is remarkable. The purpose of this Note is to give a snapshot of how, what began in the shadow of Arbitration as a possible work topic considered by the Commission . . . Conciliation, in the space of two and one-half years be- came the Model Law. As a secondary and intentional focus of this note, this author (conceding his own bias) hopes to allow the Secretariat of UNCITRAL to enjoy its well-deserved moment in the spotlight for its monumental efforts in the creation of the Model Law. In the first section of this Note, we will review the structure of the Secretariat the working arm of the Commission. Here we will also examine the Working Group the representatives of Member States and Non-Government Organizations (NGOs) who helped to craft the wording and the spirit of the Model Law. The second section will discuss some of the background to the actual process by which the Model Law went from the Commissions suggested 1. Report of the Working Group on Arbitration on the Work of Its Thirty-Second Session (Vienna, 20-31 March 2000), United Nations Commission on International Trade Law A/cn. 9/ 468 (10 April 2000) [Working Group Report 468J. Produced by The Berkeley Electronic Press, 2003 1 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 work topic to approval by the General Assembly. In this section we will begin with a short introduction to the concept of a model law a uniform legislative text intended as a tool for stabilization in its assigned subject. We will also consider the shadow of arbitration from which the Model Law emerged and can be recognized as covering a subject conciliation wholly distinguishable from arbitration. In the third section, we will explore the evolution of the Model Law. We will follow the progress of what began as a possible topic for consideration and, after extensive debate, negotiations, and redrafting, found its way to the final draft. We conclude in the fourth section with a discussion of the final draft how, in one and one-half years, the Secretariat and the Working Group had developed the Model Law and readied it for delivery to the Commission. This section ends with the words of the General Assembly acknowledging the Commissions remarkable achievement as it adopted the Model Law. I. THE SECRETARIAT AND THE WORKING GROUP: WHERE THE WORK GETS DONE Based in the magnificent city of Vienna, Austria, the Secretariat is the hard-working arm of the Commission responsible for taking from idea to fruition the concepts identified by the Commission as important to international trade law. The Secretariats under-staffed senior lawyers from 2 several different countries, taking directions from the Working Groups, prepare the draft provisions and working paper reports for the Working Group. The Secretariat also delivers the Report of the Working Group to the Commission. The Commission entrusted the work on the Model Law to the Working Group on Arbitration (which later became the Working Group on Arbitration and Conciliation [the Working Group]) with directions to the Secretariat to prepare the necessary documentation. Besides the Secretariat, the Working Group participants occupy three tiers: States Members of the Commission; 3 States observers; 4 and, observers from interna2. With apologies to the Secretariat for what may appear to be short shrift, a full discussion of its valuable service is beyond the scope of this note. As of this writing, the Secretariat oversees six Working Groups, including Arbitration and Conciliation: Publicly Financed Infrastructure Projects; Transport Law; Electronic Commerce; Insolvency; and, Security Interests. 3. At its inception, these were: Austria, Cameroon, China, Colombia, Egypt, Finland, France, Germany, Honduras, India, Islamic Republic of Iran, Italy, Japan, Lithuania, Mexico, Nigeria, Russian Federation, Singapore, Spain, Sudan, Thailand, United Kingdom of Great Britain and Northern Ireland, and the United States of America. ttp://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 2 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL tional organizations. 5 The Working Group met twice annually, once in Vienna and then in New York City. 6 The meetings are conducted quite formally: a Chair and Rapporteur are elected, an agenda adopted, and discussion among Working Group participants i s conducted by recognition from the Chair. Sessions are conducted in English with real time translations into French, Russian, Chinese, Arabic, and Spanish. All proceedings are recorded, except for the frequent and fascinating behind-the-scenes discussions held off the record. At the end of each days session, the Secretariat prepares comprehensive working paper reports of the proceedings, presents the reports to the translators, and has the reports ready for distribution before the next mornings session begins. Boiled down to their essence, the working paper reports state the proposed legislative provisions, including alternative wording, and reflect the Working Groups deliberations and conclusions had during the session regarding each provision and alternative. 7 The report serves as the starting point for the next days session, and the basis for the final report produced at the end of the two-week session. THE CONCEPT OF A MODEL LAW Before we examine the evolution of the Model Law, a brief explanation of the concept of a model law is useful. The term refers to a form of legislative text. The text is designed so that it can be adopted in total, without modification, by Member States legislatures, at which point it 4. The States Members sit on a rotating basis and, when not represented on the Commission, rotate into observer status. These were originally representatives from: Argentina, Canada, Costa Rica, Cuba, Czech Republic, Denmark, Indonesia, Lebanon, Morocco, Netherlands, Peru, Poland, Portugal, Republic of Korea, Rwanda, Saudi Arabia, Slovakia, Sweden, Switzerland, Turkey, Ukraine and Venezuela. . Though no less active participants, the NGO-observers were: Economic Commission for Europe; NAFTA Article 2022 Advisory Committee; Permanent Court of Arbitration at the Hague; Cairo Regional Centre for International Commercial Arbitration; Chartered Institute of Arbitrators; International Chamber of Commerce (ICC); and the International Federation of Commercial Arbitration Institutions. 6. Most likely attributable to budge t constraints, the Working Group now meets only once per year. 7. For an example of this, go to www. uncitral. rg, click on travaux preparatoires,click on UNCITRAL Model Law on International Commercial Conciliation, scroll down to Working Group Reports, then click on any or all of the four that are listed. Produced by The Berkeley Electronic Press, 2003 3 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 would become the law of that State; hence the term model. The legislative provisions are crafted so that they can be adapted to fit within the Member States legislative and procedural framework. It can also be referred to in commercial contracts as the law to be applied in the event of a dispute. The underlying philosophy is to afford stability and advancement of international commerce through uniformity. 8 II. IN THE SHADOW OF ARBITRATIONP If you have been with us since the beginning of this note, you have twice read the phrase in the shadow of arbitration. Given its importance to the evolution of the Model Law, let us set this phrase in context. As noted above, the Working Group began as the Working Group on Arbitration. The States Members, States and NGO observers are, in large part, those who created the globally recognized and highly respected UNCITRAL Model Law on International Commercial Arbitration. The Commissions view that conciliation may be merely an extension of international arbitration was apparent. It was thought that, the initial Commission Report states, even if ultimately no new uniform text would be prepared, an in-depth discussion by delegates from all major legal social and economic systems represented in the Commission, possibly with suggestions for un iform interpretation would be a useful contribution to 0 the practice of international commercial arbitration. 1 This arbitration shadow both fostered and framed the debate on the Model Laws provisions. Fortunately, Working Group participants comments made on and off the record provided continuing reminders that conciliation is and must be treated as a process fundamentally distinguishable from arbitration. 8. International commerce contemplates State-to-State transactions, State-to-private business transactions, and business-to-business transactions. In the right situation, the term can include business-to-consumer transactions. Each type of transaction occurs in the international arena, the term international ultimately being defined in the Model Law (see Article 1). 9. To review the Arbitration Model Law, go to www. uncitral. org, click on approved text, then click on UNCITRAL Model Law on International Commercial Arbitration. You can also find there the Guide to Enactment, which discusses the letter and spirit of the model legislation. Note also, for examples, the NGO observers and the head of the United States delegation Howard Holtzman, considered to be an icon in (if not a founding father of) international commercial arbitration. 10. Working Group Report 468, supra, note 1. http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 4 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL III. THE MODEL LAW EVOLVES We have a snapshot of the Secretariat and have been exposed to the make up of the Working Group. We have a notion of the concept of a model law and an understanding that the Model Law emerged from the shadow of arbitration. Let us look now at the Model Laws evolution. As a foundation for its considerations, the Working Group acknowledged the growing use of conciliation as a process of choice for resolving commercial disputes. Intending conciliation and mediation as synonymous terms, the Working Group confirmed . . . that the use of such non- contentious methods of dealing with disputes deserved to be promoted and that the work of the Commission in the area should be geared to such promotion. They also wanted the picture of conciliation to be painted with the broadest brush to encompass an array of proceedings where the parties sought assistance from an independent and impartial third person to help the disputants reach an amicable settlement. Confirming that the process contemplated was a non-binding method of dispute resolution, the Working Group recognized that procedural techniques used to facilitate settlement and the expressions used to refer to the proceedings (for example, mediation) may differ. Whatever the form of text to be prepared (legislative or non-legislative), and by whatever name the process might be called, the consensus was to limit the context to commercial disputes. Similarly, the Working Group was clear that the overriding proposition throughout their deliberations was that party autonomy throughout the dispute resolution process was paramount. The Working Group had as a backdrop the previously-adopted UNCITRAL Conciliation Rules. 2 Though more procedural, the Conciliation Rules provided a frame of reference for the Working Groups substantive considerations as it began development of the Model Laws structure. At the outset, concerns were raised regarding confidentiality of information disclosed by the parties during the proceeding. Couched in terms of admissibility of certain evidence in subsequent judicial or arbitral proceedings, the Working Group recognized this fundamental aspect of con11. Id. 12. UNCITRAL Conciliation Rules (1980); Resolution 35/52 Adopted by the General Assembly on 4 December 1980. Produced by The Berkeley Electronic Press, 2003 5 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 ciliation. Their aim was to prevent a spillover of information into subsequent judicial or arbitration proceedings. As to cases where the parties have not agreed on a rule [governing confidentiality] the Working Group suggested, . . . he model provision should state that it was an implied term of an agreement to conciliate that the parties undertook not to rely in any subsequent arbitral or judicial proceedings on evidence of the types of facts to be specified in the model provision. 3 In their initial considerations, the Working Group was also concerned with issues relating to the role of the conciliator: could she subsequently serve as arbitrator, as a party representative in a subsequent proceeding, or as a witness in a later dispute? Other topics viewed as important included questions relating to enforceability of settlement agreements reached in conciliation; whether it was appropriate for a sitting arbitrator to assume a role of conciliator during the arbitration; what effect would proceeding with conciliation have on the running of limitation and prescription periods; should provisions be made that would treat conciliation agreements as binding; and, were there guiding principles of conciliation proceedings that needed to be articulated in any uniform provisions. There was also concern raised over whether the Working Group should attempt to draft a conciliators code of ethics . . . to build confidence in the conciliation process by distilling issues 4from the best traditions and openly enunciating standards of practice. Lest we lose sight of where we are, the preceding discussion in this section addressed only the starting point for the Working Group as of March 2000. As of this writing, we are a mere three years later, with the Model Law having been approved by the Commission and adopted by the General Assembly. When the Working Group met in March 2000, the Secretariat had not yet been given the task of beginning the draft legislative provisions. Working Group sessions only occurred approximately every six months, and the final draft of the Model Law was agreed upon in November 2001. In other words, in three sessions over a year and a half, the Working Group and the Secretariat met its Herculean challenge of creating the Model Law. To put this in context, after the March 2000 session, the Secretariat commenced drafting the initial legislative provisions. Over the ten days of the next Working Group meeting six months later, they debated the draft provisions, directing the Secretariat to make changes, additions, deletions, 13. 14. Working Group Report 468, supra note 1. Id. http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 6 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL and providing insight into the philosophical and practical thinking upon which the provisions were based. The Secretariat then had only another six months to re-draft and have ready well in advance of the next Working Group meeting the working paper containing the revised provisions and the detailed discussion of the basis upon which these provisions were created. Moving forward to March 2001, again, a ten day extensive debate; again, daily preparation of reports; and again, a Report prepared by the Secretariat and adopted by the Working Group reflecting the progress on what had become apparent would be UNCITRALs next model law. In case the reader may think this authors use of the term Herculean was a bit melodramatic, let us not forget the Secretariats and Working Groups task. Think about it a moment: we are dealing with a concept neither generally recognized, understood, nor accepted as a means of resolving international commercial disputes. Working Group participants represent constituencies with as broad and diverse perspectives and experiences as are found in the global marketplace. On one end of the spectrum is the developing Third World Country, with little if any stabilized legal system let alone alternative dispute resolution procedures; on the other end, are the dominant and sophisticated economies of the US, the UK, and others. And, let us not overlook the impact of the NGOs perspective, and the influence from the shadow of arbitration. More than 50 participants trying to create a universally acceptable and uniform Model Law governing international commercial conciliation; melodramatic or not, the task was Herculean. The final version of the Model Law restructured, consolidated and removed provisions found in the first draft. 5 Party autonomy throughout the process continued to be a dominant theme. The development of confidentiality and the role of the conciliator reflected the importance to the Working Group of these two aspects of the Model Law. Refinements were made to assure a clear understanding of the concept of internationality, to guide the parties in their effort to determine the place for the conciliation proceeding, and to provide an expansive definition of conciliation to assure the broadest application of the Model Law. Significant debate was 15. For a more comprehensive review of the development of the final draft, see the Report of the Working Group on the Work of Its Thirty-Fifth Session; UNCITRAL document A/cn. 9/ 506. Produced by The Berkeley Electronic Press, 2003 7 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 had on provisions designed to address the enforceability of settlement agreements borne of the conciliation. The Working Group had extensive discussions on the issue of if and how a conciliation would effect the running of the statute of limitations. In continued deference to assuring that parties control the conciliation process, provision was made for them to vary or exclude portions of the Model Law. Extensive discussion, drafting and re-drafting were had to address concerns about the use of information obtained during a conciliation in subsequent proceedings. And if there was not enough drafting and debate going on, the Secretariat, at the behest of the Working Group, also prepared its Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Conciliation. Finally, the Secretariat and the Working Group were ready for the final push. IV. THE FINAL DRAFT, ADOPTION BY THE COMMISSION THE IMPRIMATUR OF THE GENERAL ASSEMBLY The on-the-record debate is concluded, the discussion in the hallways and the quiet negotiations over lunch, dinner, cocktails are behind them, and the final draft Model Law meets the approval of the Working Group at the end of its November 2001 session. To get there, a drafting group met daily, often-times more than once and into the evening, working with the Secretariat to formulate language for the various provisions to be considered by the Working Group. During the time leading up to the eventful November session, the Secretariat prepared the draft Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Conciliation. As stated in its preamble, this comprehensive document was created as background and explanatory material. In large part derived from the travaux preparatoires, [t]he Guide explains why the provisions in the Model Law have been included as essential basic features of a statutory device designed to achieve the objec6 tives of the Model Law. 1 The Guide states, In preparing and adopting model legislative provisions on international commercial conciliation, the .. .Commission was mindful that such provisions would be a more effective tool for States modernizing their legislation if accompanied by background and explanatory information. The Commission was also aware of the likelihood that the model provisions would be used in a number of States with limited familiarity with conciliation as a method of dispute settlement. Primarily directed to executive branches of Governments 16. Draft Guide to Enactment and Use of the UNCITRAL Model Law on International Commercial Conciliation; A/cn. 9/514 (27 May 2002). http://digitalcommons. pepperdine. edu/drlj/vol3/iss3/5 8 Dobbins: UNCITRAL Model Law on International Commercial Conciliation: From [Vol. 3: 529, 2003] PEPPERDINE DISPUTE RESOLUTION LAW JOURNAL and legislators preparing the necessary legislative revisions, the information provided in this Guide should also provide useful insight to other users of the text, including commer7 cial parties, practitioners, academics and judges. Prepared by the Secretariat, the Guide discusses issues left unsettled in the Model Law, recognizing that some provisions may need modifying to conform the Model Law to particular legal traditions and nuances of a State contemplating adoption of the Law. Following the Working Groups approval of the language for the final draft Model Law and the Guide to Enactment and Use, the Secretariat set upon the task of preparing the final Report o f the Working Group the vehicle by which the Model Law would be presented to the Commission. This included preparing the Compilation of comments by Governments and International Organizations, 18 these comments having been received after the Secretariat circulated the approved Draft Model Law. In June 2002, the Commission approved and adopted the Model Law and Guide to Enactment and Use as submitted in the Secretariats Report. From there, the Model Law found its way to and surmounted its last hurdle adoption by the General Assembly. At its 5 2 nd Plenary Meeting, 19 November 2002, the General Assembly adopted the following resolution, to which was annexed the approved Model Law: The General Assembly, Recognizing the value for international trade of methods for settling commercial disputes in which the parties in dispute request a third person or persons to assist them in their attempt to settle the dispute amicably, Noting that such dispute settlement methods, referred to by expressions such as conciliation and mediation and expressions of similar import, are increasingly used in international and domestic commercial practice as an alternative to litigation, Considering that the use of such dispute settlement methods results in significant benefits, such as reducing the instances where a dispute leads to the termination of a commercial relationship, facilitating the administration of international transactions by commercial parties and producing savings in the administration of justice by States, 17. 18. Id. UNCITRAL document A/cn. 9/513 Produced by The Berkeley Electronic Press, 2003 9 Pepperdine Dispute Resolution Law Journal, Vol. 3 [2003], Iss. 3, Art. 5 Convinced that the establishment of model legislation on these methods that is acceptable to States with different legal, social and economic systems would contribute to the development of harmonious international economic relations, Noting with satisfaction the completion and adoption by the United Nations Commission on International Trade Law of the Model Law on International Commercial Conciliation, Believing that the Model Law will significantly assist States in enhancing their legislation governing the use f modem conciliation or mediation techniques and in formulating such legislation where none currently exists, Noting that the preparation of the Model Law was the subject of due deliberation and extensive consultations with Governments and interested circles, Convinced that the Model Law, together with the Conciliation Rules r ecommended by the General Assembly in its resolution 35/52 of 4 December 1980, contributes significantly to the establishment of a harmonized legal framework for the fair and efficient settlement of disputes arising in international commercial relations, 1. Expresses its appreciation to the United Nations Commission on International Trade Law for completing and adopting the Model Law on International Commercial Conciliation, the text of which is contained in the annex to the present resolution, and for preparing the Guide to Enactment and Use of the Model Law; 2. Requests the Secretary-General to make all efforts to ensure that the Model Law, together with its Guide to Enactment, becomes generally known and available; 3. Recommends that all States give due consideration to the enactment of the Model Law, in view of the desirability of uniformity of the law of dispute settlement 9 procedures and the specific needs of international commercial conciliation practice. CONCLUSION The Model Law, as amplified by the Guide, gives testimony to the vision of the Commission, the Working Group and the Secretariat. The use of dispute resolution processes that empower the parties to find their own settlement especially conciliation or mediation is rapidly ascending. What this author has tried to do in this Note is give the reader a glimpse of development of the Model Law groundbreaking legislation of international magnitude that fundamentally contributes to stability in the global marketplace. It seems appropriate to conclude with the words from the presiding legal officer of the Secretariat. When asked about the Model Law, Jernej Sekolec commented, The UNCITRAL process provides universal applicability. The Model Law is prepared and approved by consensus of representatives from across the spectrum. In part, this makes the Model Law significant in international commercial dispute resolution. 19. Resolution adopted by the United Nations General Assembly; document A/res/57/18.

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