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Essay Boer War
New Zealand and the South African War
The South African War (also known as the Second Anglo-Boer War) was the first overseas conflict to involve New Zealand troops. Fought between the British Empire and the Boer South African Republic (Transvaal) and its Orange Free State ally, it was the culmination of long-standing tensions in southern Africa.
Eager to display New Zealand's commitment to the British Empire, Premier Richard Seddon had offered to send troops two weeks before fighting began. Hundreds of men applied to serve, and by the time the war began in October 1899, the First Contingent was already preparing to depart for South Africa. Within a few months they would be fighting the Boers.
By the time peace was concluded 2½ years later, 10 contingents of volunteers totalling more than 6500 men (plus 8000 horses) had sailed for South Africa, along with doctors, nurses, veterinary surgeons and about 20 schoolteachers. Seventy-one New Zealanders were killed in action or died of wounds, with another 159 dying in accidents or from disease.
The South African War set the pattern for New Zealand's later involvement in two world wars. Specially raised units which included many volunteers were despatched overseas to serve alongside forces from other parts of the British Empire. Their success in battle fostered the idea that New Zealanders were natural soldiers who needed little training to fight well.
Alternative Titles: Anglo-Boer War, Boer War, Second Boer War, Second War of Independence
South African War, also called Boer War, Second Boer War, or Anglo-Boer War; to Afrikaners, also known as the Second War of Independence, war fought from Oct. 11, 1899, to May 31, 1902, between Great Britain and the two Boer (Afrikaner) republics—the South African Republic (Transvaal) and the Orange Free State—resulting in British victory.
Although it was the largest and most costly war in which the British engaged between the Napoleonic Wars and World War I (spending more than £200 million), it was fought between wholly unequal protagonists. The total British military strength in Southern Africa reached nearly 500,000 men, whereas the Boers could muster no more than about 88,000. But the British were fighting in a hostile country over difficult terrain, with long lines of communications, while the Boers, mainly on the defensive, were able to use modern rifle fire to good effect at a time when attacking forces had no means of overcoming it. The conflict provided a foretaste of warfare fought with breach-loading rifles and machine guns, with the advantage to the defenders, that was to characterize World War I.
Read More on This Topic
Southern Africa: The South African War
If the Nama-Herero wars were among the most savage in colonial Africa, an equally bitter, costly colonial war was fought by Britain against the Afrikaner South African Republic. The reasons for the South African (or Anglo-Boer) War (1899–1902) remain controversial: some historians…READ MORE
Underlying causes
The causes of the war have provoked intense debates among historians and remain as unresolved today as during the war itself. British politicians claimed they were defending their "suzerainty" over the South African Republic (SAR) enshrined in the Pretoria and (disputably) London conventions of 1881 and 1884, respectively. Many historians stress that in reality the contest was for control of the rich Witwatersrand gold-mining complex located in the SAR. It was the largest gold-mining complex in the world at a time when the world's monetary systems, preeminently the British, were increasingly dependent upon gold. Although there were many Uitlanders (foreigners; i.e., non-Dutch/Boer and in this case primarily British) working in the Witwatersrand gold-mining industry, the complex itself was beyond direct British control. Also, the discovery of gold on the Witwatersrand in 1886 allowed the SAR to make progress with modernization efforts and vie with Britain for domination in Southern Africa.
After 1897 Britain—through Alfred Milner, its high commissioner for South Africa—maneuvered to undermine the political independence of the SAR and demanded the modification of the Boer republic's constitution to grant political rights to the primarily British Uitlanders, thereby providing them with a dominant role in formulating state policy that would presumably be more pro-British than the current policy of the SAR. In an effort to prevent a conflict between Britain and the SAR, Marthinus Steyn, president of the Orange Free State, hosted the unsuccessful Bloemfontein Conference in May–June 1899 between Milner and Paul Kruger, president of the SAR. Kruger did offer to make concessions to Britain, but they were deemed insufficient by Milner. After the conference, Milner requested that the British government send additional troops to reinforce the British garrison in Southern Africa; they began arriving in August and September. The buildup of troops alarmed the Boers, and Kruger offered additional Uitlander-related concessions, which were again rejected by Milner.
The Boers, realizing war was unavoidable, took the offensive. On Oct. 9, 1899, they issued an ultimatum to British government, declaring that a state of war would exist between Britain and the two Boer republics if the British did not remove their troops from along the border. The ultimatum expired without resolution, and the war began on Oct. 11, 1899.
Initial Boer success
The course of the war can be divided into three periods. During the first phase, the British in Southern Africa were unprepared and militarily weak. Boer armies attacked on two fronts: into the British colony of Natal from the SAR and into the northern Cape Colony from the Orange Free State. The northern districts of the Cape Colony rebelled against the British and joined the Boer forces. In late 1899 and early 1900, the Boers defeated the British in a number of major engagements and besieged the key towns of Ladysmith, Mafeking (Mafikeng), and Kimberley. Particularly of note among Boer victories in this period are those that occurred at Magersfontein, Colesberg, and Stormberg, during what became known as Black Week (Dec. 10–15, 1899).
British resurgence
Kruger's October 1899 offensive had taken the British by surprise, and it accounts for the early Boer victories. However, the arrival of large numbers of British reinforcements by early 1900 made an eventual Boer defeat inevitable. In this second phase the British, under Lords Kitchener and Roberts, relieved the besieged towns, beat the Boer armies in the field, and rapidly advanced up the lines of rail transportation. Bloemfontein (capital of the Orange Free State) was occupied by the British in February 1900, and Johannesburg and Pretoria (capital of the SAR) in May and June. Kruger evaded capture and went to Europe, where, despite the fact that there was much sympathy for the plight of the Boers, he was unsuccessful in his attempts to gain viable assistance in the fight against the British.
Boer guerrilla warfare and the British response
At the end of 1900 the war entered upon its most destructive phase. For 15 months, Boer commandos, under the brilliant leadership of generals such as Christiaan Rudolf de Wet and Jacobus Hercules de la Rey, held British troops at bay, using hit-and-run guerrilla tactics. They harried the British army bases and communications, and large rural areas of the SAR and the Orange Free State (which the British had annexed as the Crown Colony of the Transvaal and the Orange River Colony, respectively) remained out of British control.
Kitchener responded with barbed wire and blockhouses along the railways, but when these failed he retaliated with a scorched-earth policy. The farms of Boers and Africans alike were destroyed, and the inhabitants of the countryside were rounded up and held in segregated concentration camps, often under horrific conditions; several thousand died during their incarceration. The plight of the Boer women and children in the carelessly run, unhygienic camps became an international outrage, attracting the attention of such humanitarians as British social worker Emily Hobhouse.
The commandos continued their attacks, many of them deep into the Cape Colony, with Gen. Jan Smuts leading his forces to within 50 miles (80 km) of Cape Town. But Kitchener's drastic and brutal methods slowly paid off. Boer resistance was worn down and led to divisions between the bittereinders ("bitter-enders"), who wanted to continue fighting, and the hensoppers ("hands-uppers"), who voluntarily surrendered and, in some cases, worked with the British.
The Boers had rejected an offer of peace from the British in March 1901, in part because it required that the Boers recognize the British annexation of their republics. Fighting continued until the Boers finally accepted the loss of their independence with the Peace of Vereeniging in May 1902. In the end, pragmatic Boer leaders such as Louis Botha and General Smuts trumped the will of the bittereinders and opted to negotiate for peace on the basis of British suzerainty, promises of local self-government, the swift restoration and efficient management of the gold mines, and, crucially, the alliance of Boers and Britons against black Africans.
In terms of human life, nearly 100,000 lives were lost, including those of more than 20,000 British troops and 14,000 Boer troops. Noncombatant deaths include the more than 26,000 Boer women and children estimated to have died in the concentration camps from malnutrition and disease; the total number of African deaths in the concentration camps was not recorded, but estimates range from 13,000 to 20,000.
On both sides the war produced heights of national enthusiasm of a type that marked the era and culminated in frenetic British celebrations after the relief of the Siege of Mafeking in May 1900. (The word mafficking, meaning wild rejoicing, originated from these celebrations.) Despite attempts at rapid healing of the wounds after 1902 and a willingness to cooperate for the purpose of uniting against black Africans, relations between Boers (or Afrikaners, as they became known) and English-speaking South Africans were to remain frigid for many decades. Internationally, the war helped poison the atmosphere between Europe's great powers, as Britain found that most countries sympathized with the Boers.
Reflective of the discriminatory climate that permeated South Africa during much of the 20th century, it was not until the 1980s that studies of the war's impact on Africa's black peoples were made. In addition to the thousands who died in the concentration camps, innumerable black Africans were caught up in the sieges, lost their jobs (for example, when the gold mines were closed down during the conflict), or were evicted from their land in areas overrun by war. Both sides recruited black Africans, though various euphemisms were sometimes used for "black soldier." On the other hand, some segments of the black African population benefitted from the conflict by some measure. Black farmers in some areas prospered, owing to the wartime demand for food. In some regions, such as the western Transvaal, black Africans took advantage of the war and reoccupied lands previously seized from them by white settlers. Swaziland, which had previously been administered by the SAR, was taken by the British during the war and administered by them afterward; this is why it would be excluded from the Union of South Africa in 1910.
The most astonishing aspect of the war, perhaps, is that it was a war between groups of white peoples in a subcontinent with a largely black African population that both sides generally sought to exclude from the fighting, although research in the later decades of the 20th century indicated that black Africans became heavily involved in the war both as combatants and as victims of the armies. During the conflict the British hinted and sometimes promised that in return for support, or at least neutrality, black Africans would be rewarded with political rights after the war. Nevertheless, the Treaty of Vereeniging specifically excluded black Africans from having political rights in a reorganized South Africa as the British and Boers cooperated toward a common goal of white minority rule.


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After a Flood
Precautions When Returning to Your Home
Electrical power and natural gas or propane tanks should be shut off to avoid fire, electrocution, or explosions. Try to return to your home during the daytime so that you do not have to use any lights. Use battery-powered flashlights and lanterns, rather than candles, gas lanterns, or torches. If you smell gas or suspect a leak, turn off the main gas valve, open all windows, and leave the house immediately. Notify the gas company or the police or fire departments or State Fire Marshal's office, and do not turn on the lights or do anything that could cause a spark. Do not return to the house until you are told it is safe to do so.
Your electrical system may also be damaged. If you see frayed wiring or sparks, or if there is an odor of something burning but no visible fire, you should immediately shut off the electrical system at the circuit breaker.
Avoid any downed power lines, particularly those in water. Avoid wading in standing water, which also may contain glass or metal fragments.
You should consult your utility company about using electrical equipment, including power generators. Be aware that it is against the law and a violation of electrical codes to connect generators to your home's electrical circuits without the approved, automatic-interrupt devices. If a generator is on line when electrical service is restored, it can become a major fire hazard. In addition, the improper connection of a generator to your home's electrical circuits may endanger line workers helping to restore power in your area. All electrical equipment and appliances must be completely dry before returning them to service. It is advisable to have a certified electrician check these items if there is any question. Also, remember not to operate any gas-powered equipment indoors (see also Carbon Monoxide Poisoning ).
For more information, see Protect Yourself and Others From Electrical Hazards After a Disaster and Reentering Your Flooded Home .
Walls, hard-surfaced floors, and many other household surfaces should be cleaned with soap and water and disinfected with a solution of 1 cup of bleach to five gallons of water. Be particularly careful to thoroughly disinfect surfaces that may come in contact with food, such as counter tops, pantry shelves, refrigerators, etc. Areas where small children play should also be carefully cleaned. Wash all linens and clothing in hot water, or dry clean them. For items that cannot be washed or dry cleaned, such as mattresses and upholstered furniture, air dry them in the sun and then spray them thoroughly with a disinfectant. Steam clean all carpeting. If there has been a backflow of sewage into the house, wear rubber boots and waterproof gloves during cleanup. Remove and discard contaminated household materials that cannot be disinfected, such as wallcoverings, cloth, rugs, and drywall. (See also Cleanup of Flood Water )
See also Mold After a Disaster .
Outbreaks of communicable diseases after floods are unusual. However, the rates of diseases that were present before a flood may increase because of decreased sanitation or overcrowding among displaced persons. Increases in infectious diseases that were not present in the community before the flood are not usually a problem. If you receive a puncture wound or a wound contaminated with feces, soil, or saliva, have a doctor or health department determine whether a tetanus booster is necessary based on individual records.
Specific recommendations for vaccinations should be made on a case-by-case basis, or as determined by local and state health departments.
Swiftly Flowing Water
If you enter swiftly flowing water, you risk drowning — regardless of your ability to swim. Swiftly moving shallow water can be deadly, and even shallow standing water can be dangerous for small children. Cars or other vehicles do not provide adequate protection from flood waters. Cars can be swept away or may break down in moving water.
Chemical Hazards
Use extreme caution when returning to your area after a flood. Be aware of potential chemical hazards you may encounter during flood recovery. Flood waters may have buried or moved hazardous chemical containers of solvents or other industrial chemicals from their normal storage places.
If any propane tanks (whether 20-lb. tanks from a gas grill or household propane tanks) are discovered, do not attempt to move them yourself. These represent a very real danger of fire or explosion, and if any are found, police or fire departments or your State Fire Marshal's office should be contacted immediately.
Car batteries, even those in flood water, may still contain an electrical charge and should be removed with extreme caution by using insulated gloves. Avoid coming in contact with any acid that may have spilled from a damaged car battery.
For more information about possible dangers posed by chemical leaks and spills, see the Chemical Emergencies Web site.

subset: commoncrawl


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This capacity was separated into 1.478GW in Yumen City and 2.558GW in Guazhou County, said
Wu Xuesheng, deputy director of Jiuquan Municipal Development and Reform Committee.
Wu said that since May, the peak season of wind farm construction, Jiuquan has been accelerating the pace of building its wind power base. On May 31, Jiuquan had a cumulative 3.08GW installed capacity
The wind farms, stretching over 200km in length, are installing 40MW turbines each day on average.
Construction of the first stage Jiuquan wind power base began on August 8, 2009. It installed 2GW of wind turbines by the end of 2009.
According to China's plan, Jiuquan wind power base, comprising 20 wind farms, will have 12.71GW installed capacity by 2015.
On 9 June, the No.3 wind farm at Changma, Yumen City, totalling 400MW, became the first of the farms to finish construction.
It is being funded by the China Energy Conservation Investment Corporation.
The supporting 750kv transmission lines, from Guazhou to Yongdeng in Gansu, are also under construction.
Towers are already erected, and electric wires are due to be completed in October this year.


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Swing gently and a sound is heard. A change of direction shifts sounds. Communicate with other swingers. In this way, the Social Swing more than just a playground. Explore a playful musical harmonies and disharmonies through synchronous and asynchronous movements in-group.
Social Swing is a 13-meter by 13-meter structure consisting of four swings with a thrilling 360-degree movement, each equipped by sensors and a speakers. The movement of the swings generates an immersive ambient sound layer that evokes memories. Each swing generates a distinct set of sounds, and moreover playful hidden sound layers can be discovered when players swing in similar directions.
Sound design: Firma 103
Production: MAD-faculty and Vormingplus Citizenne - CLIP. Co-production: Festival Kanal
Swing calculations: Kiran Gangadharan
Photos: Marie Garcia Bardon
Concept: Thomas Laureyssens


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ASP.NET - Data Access Guidance
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Microsoft has published Data Access Guidance for ASP.NET 4.5. Most of the changes are related to new features in 4.5, such as those in Web Forms and the new ASP.NET Web API.
Some notes from the guidance -
- Use ORMs wherever possible with ASP.NET Web Forms and MVC, but ADO.NET directly (through the Database helper) in ASP.NET Web Pages
- For WebForms data controls
- For Displaying a Single Record - Use FormView to customize generated HTML; for maximum automation of HTML generation use DetailsView
- For Displaying Lists - Use ListView to customize generated HTML; Repeater for customized HTML but read-only access and better efficiency (but lesser advanced features); and GridView for maximum automation of HTML generation
- ASP.NET Web Forms data binding methods -
- Data Source Controls for simple binding without writing any code
- Model Binding when it is feasible to write data retrieval and update code
- Manual Data Binding when fine-grained control over binding needed or model binding not supported
- Data-Binding Expressions
- Eval and Bind for weakly typed data
- Bind and BindItem for strongly typed data
- Use colon in opening delimiter (<%#:) to enable automatic HTML-encoding
Notably, there is a guidance on how to choose between WCF Data Services and ASP.NET Web API for your web services -
Choose WCF Data Services if you want to quickly expose a database over HTTP for use inside a firewall on an internal company network.
Conversely, choose Web API for Internet-based services because the whitelist approach is more secure than the blacklist approach.
WCF uses a black-listing approach to security restrictions (by default everything is made available) whereas Web API uses a white-listing approach (by default nothing is made available)
There are a lot of walkthroughs for various scenarios covered on MSDN – you can refer it for more details.
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ORMs wherever possible?
Jonathan Allen
Re: ORMs wherever possible?
Roopesh Shenoy
Depending on the feature set needed, you could either go for a full-fledged ORM such as EF/NHibernate or even pick a thinner mapper such as Dapper.NET. A lot of enterprise work is based on dealing with legacy databases, where a full-fledged ORM can bring in a lot of benefits.
Eventually, it's just a matter of profiling and seeing whether ORM causing the biggest performance hit, and whether the gain by writing your own data access is worth extra developer time in terms of development/maintenance. I haven't seen that yet in the projects that I have worked on.
that's not even taking into account the bad data access patterns that ORMs tend to lead to.
Isn't that the same argument that you can both cut vegetables or cut yourself with a knife?
The same considerations would apply to a lot of other libraries as well (Spring.NET anyone?). I guess you shouldn't use these as an excuse for knowledge deficit (for e.g. use ORMs so you don't have to learn SQL!) - no - you should know the underlyings well enough, its just that you are adding a layer of abstraction to make yourself more productive. And you should know when to dive down one layer on a case-by-case basis in case something doesn't work as it's expected to.
Re: ORMs wherever possible?
Mark N
Performance: Is good enough good enough? Many times it is. If not, then an ORM is not possible in that instance.
What about all the bad data access patterns that not using an ORM lead to?
Re: ORMs wherever possible?
Mark N
What Microsoft should add as the #1 guidance: If you don't know what you are doing or how to architect it right, get someone who does to help you.
That being said, anyone with good sense should take this guidance with a grain of salt.
Re: ORMs wherever possible?
Eben Roux
It seems as though Microsoft 'guidance' is aimed at managers.
Re: ORMs wherever possible?
Mark N
Your choices [typically] are:
Use an ORM
Write your own ORM type code
Write difficult to maintain code/apps.
Re: ORMs wherever possible?
Eben Roux
Re: ORMs wherever possible?
kattypier sharma


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Uses: Advent, Christmas Scripture: Luke 2 From the composer of Tapestry of Light and The Winter Rose comes a new major work that is based on the traditional Lesson and Carols service. Filled to overflowing with beloved carols and original seasonal songs, this cantata tells the story of Christ's birth adorned with beautiful arrangements and meaningful Scriptures. The work includes optional moments for congregational participation, handbell ringers, and children's choir, if desired. Stunning orchestrations and a full line of support products are available to support your presentation. Titles include: A Christmas Overture; O Come, All Ye Faithful; A Prayer for Advent; People of Promise, Arise!; Song of Hope and Joy; O Little Town of Bethlehem; My Soul Doth Magnify the Lord; Lullabies of Bethlehem; Angels We Have Heard on High; Carols for Seekers; Let Christmas Begin; A Christmas Trilogy. Available separately: SATB, SAB, iPrint Orch CD-rom, Printed Orchestration, iPrint Consort Orch CD-rom, iPrint Handbells CD-rom, StudioTrax CD, Listening CD, 10-Pack Listening CDs, Preview Pack, RehearsalTrax CDs, Digital Resource Kit. Duration: ca. 59:21 (full performance) or ca. 48:37 (w/o opt. congregational anthems). New product for the week of May 7, 2012.Return Policy Exception: This product can not be returned if opened but it can be exchanged if defective, for the exact same title.
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6 awards! That's pretty amazing.
World Car of the Year Finalist by World Car of the Year
World Car Design of the Year: Nominee by World Car of the Year
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I feel lonely mostly when im with people i dont like, then i'd rather be alone tbh, even if theres some i like because i hate the thing about only talking to 1-2 outta 10people etc.
When im alone i never really feel lonely, i just feel like i should be doing something else, although i never have an idea what.
fish go m00
I feel lonely when I know no one can relate or will want to try and relate to me, and when I am unable to relate to others. There have been countless events where I have tried to explain where I'm coming from, but all that I got was questioning looks bordering disbelief and a tactless comment on what I was feeling. It made me feel like I was an invalid person, and that my thoughts and opinions are invalid and unreal to the point that I prefer not to talk about the more important and deeply-etched feelings and thoughts because I fear the same outcome will happen again. I also feel loneliest when I'm persecuted without at least a chance to explain myself, especially if the one on the other side is one of my family members, and that loneliness only doubles when what I had in mind was only and genuinely something that was in the best interest of the other person.
I don't really care about being in a room full of people who are familiar with others among themselves, since being alone does not equal to being lonely in my book. You can be alone, but not lonely. I think it's actually when you're not alone, but you still feel lonely is when it really hurts.
experimenting things~
Watching Evangelion. Self-worth man.
[No information available]
I usually feel lonely when I hang out with my friends. They all either have jobs, are in good relationships, or have a better home life(living space, stable family, etc) than I do. They basically have it better than I do right now. I guess being the one with no job, no relationship and a lame home life makes me feel a little lonely. I wish I could let go of this silly feeling. I thought I got over this stuff years ago, but it seems I'm not as mature as i think I am.
I'd been seeing a lot of Lonely word recently. Gosh it makes me so Depressed. LOL.
When a person doesn't show interest in me then I will give him the same treatment. We couldn't please everybody right?
The only thing that makes my unhappy is when my internet started to get crappy. Being lonely? I'm fine being alone and has no one to talk to. How happy and satisfied is that?
What makes me lonely is that i can go weeks without talking to anyone and noone worries. I live in texas with no family and im in the military and have been away from home for 5 years, i feel forgotten.
at the end of a good show definitely :3
Seriously what makes me feel really lonely, is boring people that only have the typical general interests in mind and get upset when you cannot relate to it cause its simple minded, lazy media that panders to the illiterate & music about sex masked in love that creates shallow behavior. Those are just a few things that do it and impacts my life and others around we which I have notice.
an empty fridge
i might have pica
when there are no new eps to watch cause then I don't know what to do with myself..........i have no life
Sorciére de Gré, Pucelle de Force
I like to be alone, but as to be "lonely" the concept. No one around you, no friends, no family, it's a scary thought, I personally never really feel "lonely" but I can relate to getting depressed because of things like this, people deny what I'm trying to achieve/say, it's hard. But I never think it's a reason to think that I'm lonely, I just lose faith in my self confidence <.<! I guess what I'm trying to say, that I don't think so far, I just think about what the problem might be, and just get depressed by that, instead of thinking it's a major factor.
what is this cr stuff
I will just add a quote from, interestingly, My Little Monster -- "you can't feel lonely when there's no one else around." Always seemed kind of funny to me that I never felt lonely by myself. The only times I can remember feeling lonely are around other people. OP stated it pretty well.
Spoiler Alert! Click to show or hide
having no friends in real life....
[ late replys ]
I feel lonely when I am not making a connection with someone I care about and before the connection wasn't such hard work..
smoke and mirrors
like a lot of people in this post apparently, i feel lonely when im with people. usually its because i cant relate to many people or when i try to speak my mind i get a lot of wierd looks o.o
Just living life


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Reviewed By Garrett G (STEVENSON RANCH, CA) Reviewed for a 2015 Mazda 6 —8/9/2015 10:30 AM
I replaced my old Injen nano fiber filter for the K&N. The K&N was about 2" taller than my old filter which made a huge difference with sound and performance. I highly recommend this product


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Brazil's Music Collection Societies Convicted Of Price Fixing
from the protecting-artists? dept
Now, it appears those were the least of ECAD's problems, because (as reader Ninja passes along), ECAD and the six music licensing agencies that make up its members have been convicted of being an illegal cartel engaged in price fixing, and told to pay $38 million in fines. The fine is clear that they cannot use money collected for artists to pay this fine.
The details sound like a classic case of price fixing. The leadership of the different organizations would get together in a room and agree to set rates. Investigators even found the pricing tables shared among the organizations. It also didn't help matters that ECAD had not allowed another organization to join ECAD in 30 years. That spoke to it being a bit of a cartel. ECAD claims it's going to appeal the decision, but having direct pricing tables shared among different organizations is a tough thing to overcome.
ECAD has also been given six months to basically reorganize its entire performance rights/collections set up so that it's not illegal, leaving some to wonder how the entire industry may change. This is one of the reasons why we're less than enthusiastic about efforts that seek to expand the power of organizations like this. Over and over again we see such collections efforts abused, such that artists aren't actually being helped, but harmed.


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Class of 2011
Number of enrolled students: 15
Average age: 29 (range from 23 to 46)
Gender: 60% female; 40% male
Nationality: 93% international; 7% U.S.
Countries of nationality represented by the Class of 2011: Canada; Georgia; India; Lithuania; Malaysia; Mexico; Nigeria; Pakistan; Turkey; United States; Vietnam
Languages Spoken: Arabic; Armenian; Bahasa Melayu; Cantonese; English; French; Georgian; German; Hindi; Ibo; Italian; Korean; Lithuanian; Malayalam; Mandarin; Russian; Sinhala; Spanish; Swahili; Tamil; Telegu; Thai; Urdu; Vietnamese
International Arbitration Vis-a-vis Shari'a Law:
its Perception and Reception in the Islamic Nations
Languages spoken: English, Hindi, Telugu
Thesis Advisor: Professor Jeswald W. Salacuse
The Shari'a laws have been in existence from around 600 AD, since the advent of Islam in the Holy region of Mecca and Medina. This study seeks to examine the emergence of laws in Islam, their diffusion in the society and creation of their binding character on each person who follows the faith. The various origins of Islamic law from the revealed to non-revealed sources, the methodology to deduce them from the religious texts and the application of those laws in the field of arbitration have been outlined. This thesis has delved into the foundations of arbitration in Islam, its development over the course of years and its present stand in the Islamic nations. The primary schools of Islam have similar as well as differing views on arbitration, its practices, capacity and legitimacy. This report reviews the various opinions of scholars and examines them under the light of practices in the current international arbitration scenario to discern whether there is any harmony between the Shari'a perspective and other perspectives in the area of arbitration.
The prevalent international arbitration has evolved as a result of western legislation, practice and interests and thus, is seen as foreign judicial institution rather than an alternative dispute resolution method. Therefore, the main analysis of this thesis is to highlight possible conflicts between international arbitration and Islamic law. To do this, a number of case laws from specific countries have been assayed and a review of arbitration codes adopted by these states has been carried out. Finally, this study critiques the advantages or disadvantages of international arbitration as an adjudication process especially in the Islamic countries. Suggestions resulting from this study have been outlined in the conclusion of this thesis.
Spandana Battula received her Bachelor of Law from Osmania University in 2009 and was admitted to the Bar Council the same year. She also completed a Post-Graduate Diploma in Alternative Dispute Resolution from the Nalsar University. She received a certificate from The Hague Academy of International Law for completing a course in Public International Law and a certificate from WIPO Worldwide Academy for "General Course on Intellectual Property." Ms. Battula has worked as a judicial clerk in a Judge's office, legal trainer & content developer in an educational institute and interned at the National Human Rights Commission, a corporate law firm and an NGO. At Fletcher, she is interested in studying International Organizations, Human Rights and Diplomatic Relations.
A comparison of the Affirmative Action policies and
laws in political participation and higher education
between India and United States
Languages spoken: English, Hindi
Thesis Advisor: Professor Louis Aucoin
The world's largest democracy and the world's oldest democracy share quite a few common features. The framers of the Indian Constitution were greatly inspired by the American constitution and the American experience with democracy. In fact, the Equal Protection clause has been nearly incorporated verbatim into the Indian Constitution (Article 14). However, one of the most striking similarities between the two countries is the adoption of Affirmative Action ("AA") programs. In both countries certain sections of society have historically been subjected to discrimination and been subjected to oppression. In the US, the discrimination has primarily been on the grounds of race, whereas in India the discrimination is entrenched in the caste system prevalent in the country. Further, historically the discrimination in both the countries was social state sponsored and in both of them the state has been a major instrument attempting to eliminate these discriminations. However, this where the similarity ends- The means adopted by both the countries to implement the AA programs are widely different and have also been given different interpretations by the judiciary of both the countries.
One of the first and in my opinion the primary difference is the source and foundation for such programs. The Indian Constitution explicitly mandates the government to take steps and measures to uplift the certain 'class' and 'section' of society. Therefore, unlike the US, the judiciary is not required to undertake the validity of the AA program per se. The second main difference is in the means of implementation. The Indian government has decided to follow the path of reservations and to implement the quota system, whereas the US has opposed any implementation of the quota system.
In my thesis, I attempt to analyze the different approaches followed by both the countries especially in the context of political participation and higher education. I decided to focus on these two areas, as in my opinion access to government and the decision making process and access to education are the two primary means for the upliftment of the 'depressed or discriminated' section of society. The thesis canvasses and analyses the process and means adopted by the governments of both the countries, the role of the judiciary; and the future of AA programs in both countries in light of the increasing backlash against such programs. It also examines if there are any lessons that either country can learn from the other's experience or whether in light of the significant differences between India and the US- economic, societal (the caste system is far more entrenched than race discrimination and is still far more prevalent in the country), the difference in the extent of discrimination and stigmatization and the magnitude of the problem (the population of Dalits is more than the entire population of US), it is fair to compare the two programs?
Pallavi Bedi received her Bachelor of Law from the National Law Institute University, Bhopal in 2007. She is also a member of the Bar Council of Delhi. She has worked in a corporate law firm in the field of securities law for two and half years. Subsequently she practiced in the Supreme Court of India under the guidance of a Senior Advocate. She has also been associated with Gene Campaign, an NGO working in the field of traditional knowledge and farmer's rights especially in the context of intellectual property rights.
War Crimes Prosecution in Post-War Sri Lanka: Obstacles
and Lessons Learned to International (Human Rights) Advocacy
Languages spoken: English, Mandarin, Cantonese,
Bahasa Malaysia
Thesis Advisor: Professor Antonia Chayes
The decades-long civil war that was waged between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) – and which claimed an estimated 70,000 to 100,000 lives – ended in May 2009. The most brutal stage of the armed conflict took place in the Northeast between January and May 2009, during which the Tamil civilian population was trapped between the LTTE who did not allow escape from the conflict area, and state security forces who are alleged to have fired repeatedly into shrinking No Fire Zones designated by the government.
This paper looks at the intersection between international law and politics, particularly with respect to violations of fundamental humanitarian and human rights norms in a civil war involving an internationally proscribed terrorist group, and the politics of securing accountability. Developments both within and outside Sri Lanka during the last stages of the fighting and in the aftermath are located within a "transnational legal process" framework in which the Sri Lankan government, the United Nations and its organs, as well as other transnational actors including media groups and non-governmental organisations engaged, and continue to engage, in a complex debate relating essentially to adherence of international humanitarian and human rights law by a government in its domestic war on terror.
Part I of the paper outlines the theory of transnational legal process, which serves as both a descriptive and strategic framework for the remainder of the discussion. The Sri Lankan civil war and its background, as well as the international legal framework, are sketched out in Part II. Parts III and IV map the various legal and political challenges – at both the international and domestic levels – to attaining accountability for potential crimes committed. Part V concludes by utilising transnational legal process as a plan of action, tentatively suggesting strategies to nudge the Sri Lankan government towards compliance with its international obligations, and argues for continued international (human rights) advocacy calling for accountability for violations of international humanitarian and human rights law.
Elaine Chan holds a Bachelor of Laws and a Bachelor of Economics from the University of New South Wales. Whilst in Australia, she worked with various national (Social Justice Project, Anti-Poverty Week) and regional (Diplomacy Training Program) non-governmental organizations active in the field of socio-economic rights and international human rights advocacy. More recently, she was Programme Officer, and then Associate Legal Officer, at the International Commission of Jurists' (ICJ) Asia-Pacific regional office in Bangkok. Before joining the Bangkok office, she also spent six months at the ICJ's international secretariat in Geneva, where she engaged with the procedures of the UN Human Rights Council. Ms. Chan is interested in issues related to the rule of law and the domestication of international law.
The Balance Of Rights: Judicial Decision Making In
Countering Terrorism
Languages spoken: English, Hindi, Swahili, Kutchi
Thesis Advisor: Professor Louis M. Aucoin
"We should all be clear that there is no trade-off between effective action against terrorism and the protection of human rights. On the contrary, I believe that in the long term we shall find that human rights, along with democracy and social justice, are one of the best prophylactics against terrorism." UN Secretary General Kofi Anan
Too much horror the days after the attack of 9/11 resulted in widespread changes in law that led to a destruction of the international human rights framework that many had fought to build. Violations that countries took part in post 9/11 included individuals being abducted and held in secret prisons where they were tortured and ill treated, suspects held for extended periods of time without being charged; no access to lawyers, courts, and the outside world; broad legislation encroaching on individuals fundamental freedoms of speech, opinion and assembly; and counter terrorist measures that lacked basic safeguards such as due process and adequate oversight mechanisms. The response was shocking yet, as more and more of the above violations came to light, there was a call to balance states counterterrorism measures with human rights. As the ten-year anniversary of the tragic events of 9/11 come upon us it is necessary to reflect on the tragedy and our responses to the event. This paper will examine the role of the judiciary as a catalyst in assisting with the shift back towards a human rights framework. How far we have improved in balancing counterterrorism and human rights is uncertain yet it is clear that the role of the judiciary has been of great assistance as they have strived to keep their governments in check through reviews of counterterrorism measures. Through an examination of India and United States this paper finds that the courts facilitated a shift back to an HR framework because of their unwillingness to allow certain violations of human rights principles. By examining case law in each country it is clear that the judiciary plays a significant role in maintaining the balance between human rights and counter terrorism.
Fatema Dada received an honors BA in political science with a legal studies option at the University of Waterloo and then obtained her LLB at the University of Windsor. While completing her LLB she had the opportunity to work for a legal NGO in Mumbai, India and upon graduation was awarded the J.W Whiteside award and Student Law Society award for outstanding services at the university and in the community. She then worked as legal counsel with the Ministry of the Attorney General, Ontario in their civil litigation department. While there she had the opportunity to work with leading practitioners on complex high profile litigation ranging from injunction proceedings and judicial reviews to malicious prosecutions and personal injury law. Alongside her legal practice Fatema was an active member of the South Asian Bar Association and acted as Pro Bono Counsel for SMILE - an organization dedicated to supporting children with disabilities. Currently Fatema is attending Fletcher to pursue her interests in international law and human rights.
On the Doctrine of Sovereign Equality of States and the Fallacy
of Equality of Sovereign States: A Prescription For Ending the
Paralysis in Global Governance
Languages spoken: English, Igbo
Thesis Advisor: Professor Antonia Chayes
We live in a world where, in the words of Fred Kaplan, Schwartz Senior Fellow at the New America Foundation, 'power has dispersed and fractured'. Institutions of global governance are beset daily by a paralysis that stems directly from a diffusion of the power structure in the multilateral global governance process. The diffusion manifests in the increasing tendency of States to place an ever higher premium on their national interest, real or imagined, to the detriment of the global good. This tendency is fortified by certain fundamental principles of international law which States seem determined to deploy as weapons of confrontation instead of tools for the construction of a functional global system. The doctrine of Sovereign Equality of States is a well-intentioned norm of international law, designed to place on an equal footing all States that attain the prescribed attributes of Statehood. But the principle has become distorted and taken to extremes that its originators clearly never contemplated. The doctrine now threatens to be a stumbling block on the path of international law as States seek to seize every opportunity to aggressively canvass the notion of absolute equality of all states beyond the mere doctrinal equality of the sovereign status of States.
This paper asserts categorically that Sovereign Equality of States is not synonymous or coterminous with Equality of Sovereign States, and further canvasses the viewpoint that one sure path towards the restoration of functionality in global governance is the jettisoning of the false notion of [absolute] equality of States, a fictional construct that has no basis in fact, and the conscious embrace of the obvious reality that all states are not created equal. The Paper concludes that all states both large and small stand to benefit if the rules of the international system are formally reconstructed to enable large states enjoy the privileges but also carry the burden that their heft demand.
John St. Claret Ezeani holds a Bachelor of laws Degree from the University of Benin, Nigeria. He subsequently attended the Nigerian Law School and was admitted to the Nigerian Bar as a Solicitor and Advocate of the Supreme Court of Nigeria. He also holds a Master of Laws Degree (LLM) and a Master of International Law and Diplomacy Degree (MILD) both from the University of Lagos, Nigeria. Mr. Ezeani received a Certificate from Harvard University's John F. Kennedy School of Government on 'Infrastructure in a Market Economy' and another Certificate from the Institute of Public Private Partnerships (IP3), Arlington, Virginia on 'Legislative, Institutional and Regulatory Frameworks for Successful Public-Private Partnerships'. Mr. Ezeani is a partner in the law firm of Marshall and Stevens in Nigeria where his core competencies are in International Law and Diplomacy, Infrastructure Law and Policy, Telecommunications Law and Intellectual Property Law. As Legal Consultant to the United States Agency for International Development (USAID), Mr. Ezeani designed the structure and drafted the Charter of the West African Telecommunications Regulators' Assembly (WATRA). A practicing Arbitrator, Mr. Ezeani is a member of the Chartered Institute of Arbitrators of the United Kingdom. After Fletcher, Mr. Ezeani intends to focus on International Arbitration, Negotiation and Mediation, on Law and Development and on issues of Global Governance. A Doctorate Degree program is not unlikely.
Cooperation on Global Mergers: The Daimler-Chrysler Case
Languages spoken: English, Spanish, French, German, Italian
Thesis Advisor: Professor Joel P. Trachtman
Globalization is a very interesting phenomenon that reduces the barriers to economic, political and cultural exchange. There are numerous issues of regulatory competition surrounding cross-border mergers and acquisitions that may lead to harmonization of norms. In the first part, attention is focused on different cooperation theories that influence cross-border mergers and acquisitions. Moreover, it provides some examples of harmonization of legislations from different jurisdictions caused by cross-border mergers and globalization. It is also discussed how M&A causes globalization and regulatory change, and how globalization affects M&A law in particular countries. The second part examines the merger agreement of Daimler Benz and Chrysler and the differences in corporate governance structures in Germany and the United States. It also provides an explanation on how companies are benefited from having better accounting standards and corporate governance structures from their host country, and how these benefits are portable to the country where they invest. This paper describes the reasons of the failure of the Daimler-Chrysler merger agreement and it analyzes the disadvantages that cross-border merger agreements encounter when the legislations from their respective countries have substantial differences in their corporate governance structures.
Gerardo Farah received his Bachelor of Laws in Mexico from Universidad Panamericana on 2003, and a Masters degree in Taxation on 2010. He received one of the highest grades of the generation and recognition of the dissertation's jury for his thesis on the constitutionality of the corporate tax law in Mexico. He is currently a Master of International Law candidate at the Fletcher School of Law and Diplomacy, where he has deepened his knowledge on International Corporate, Financial and Tax Law.
Gerardo is certified by the Ministry of Public Education to practice law in Mexico and his career has been shaped by nine years of experience as a corporate and tax attorney in prestigious international firms such as Ernst & Young, Deloitte, and Chevez, Ruiz, Zamarripa y CIA. In 2006, Gerardo co-founded the Firm, Hermosillo, Farah y CIA, with three retired partners from Ernst & Young, Deloitte and
PricewaterhouseCoopers. Among the Firm's achievements is being one of the few recipients of favorable sentences against the Corporate Tax Law in Mexico. Gerardo planned and implemented the Firm's growth strategy until his departure in 2010. He is a member of the American Bar Association and the Boston Bar Association since 2011, and he is in the process of receiving his certification as a foreign legal consultant in Boston.
Regime Changer?: Sovereign Wealth Funds and the
International Investment Framework
Languages spoken: English, French
Thesis Advisor: Professor Jeswald W. Salacuse
Over the past decade, the number of bilateral investment treaties regulating foreign direct investment in the global system has skyrocketed. With the increase, new challenges have confronted the system as standards have evolved, terms have been refined and actors have pressed claims. A recent challenge, however -- that of the growing prevalence of sovereign wealth funds engaging in foreign direct investment -- presents the system with fundamental questions of legitimacy and purpose. On the one hand, these sovereign wealth funds may fit within the generally accepted jurisdictional criteria for entry into the international investment regime, thus allowing them to take advantage of favorable terms negotiated by capital-exporting countries over fifty years. On the other hand, sovereign wealth funds represent a difference not of degree, but of kind, from traditional foreign direct investors. This paper argues that, as a result, sovereign wealth funds are problematic additions to the international investment regime and represent a challenge for which, due to its own myopia and post-colonial hubris, the international investment regime has no good answer.
David Fromm received his law degree from the Georgetown University Law Center and his master's degree in international relations from the Central European University in Prague, C.R. He has worked for law firms in Massachusetts and California, focusing on complex civil litigation and alternative dispute resolution. He served for several years on the executive committee of the Los Angeles County Bar Association's International Law Section and, in that capacity, participated in the ILS's first-ever bar development delegation to Asia in 2007. In addition to his degree programs, Mr. Fromm has completed coursework in international ADR and negotiation at the Straus Institute at Pepperdine University. Expatriate Games, an account of his brief basketball career in Prague, was published by Skyhorse Publishing in October 2008. He hopes to focus his studies at Fletcher on private international dispute resolution and international joint venturing.
The International Criminal Court and the War Against
Drugs in Mexico
Languages spoken: English, Spanish, French, German
Thesis Advisor: Professor Michael J. Glennon
Drug cartels in Mexico are no longer acting as classic organized crime. They are using techniques and strategies more related to an insurgency. Some cartels show signs of targeting not only law enforcement officers, but also civilians and unrelated "combatants" for the purpose of eliminating the rule of law in certain regions, applying social pressure upon the government, and diminishing the social support for competing cartels. This new strategy comes from the rise of cartel leaders who are former police and military officers with high-level guerilla training. The Mexican State has been forced to react in a more aggressive manner. The federal forces have seized the streets of certain regions and in that process they have been violating basic human rights. They have initiated targeting killings against key drug lords, and they have placed pressure upon civilian populations without considering its impact on human rights. The International Criminal Court (ICC) might have a role to play in this situation. Even though the ICC was not created to prosecute drug related crimes because the drafters thought that it would overwhelm the workflow of the Court, the Mexican situation is more closely related to an internal war, focalized in certain regions, where civilians have become targets. Particularly there are elements to believe that the situation in Mexico can be considered as one of an internal armed conflict, with cartels organized and structured in a very sophisticated way, with military training and hierarchical structures with the capabilities to initiate widespread or systematic attacks. This new modus operandi from the cartels shows signs of having escalated their actions to crimes against humanity or war crimes in certain regions. In addition, there are reasons to believe that the Mexican judiciary is not up to the task in processing these types of crimes. If the ICC does decide to initiate preliminary examinations in Mexico, it would generate a "shadow" upon the Mexican government: an effect that could force it to initiate appropriate proceedings and reevaluate its strategy in order to avoid the OTP's request for a second stage of investigation.
Guillermo received two degrees with honours from Instituto Tecnologico Autonomo de Mexico (ITAM), international relations and law, and attended the International Private and Public Law Sessions of The Hague Academy (2008). For his law thesis on the negotiation of transboundary resources in the Gulf of Mexico he received the Academic Excellency Award for the best law thesis of 2009. During his studies he was the Secretary General of ITAM's Model of United Nations; and in 2009 he filed an amicus curiae before the Inter-American Court of Human Rights regarding the Judge ad hoc institution in the Inter-American Human Rights system. Since 2009 he has been a member of the Mexican Council of Foreign Affairs.
In his professional experience he was a Legal Advisor of the Ministry of Foreign Affairs and he is a former associate of the international investment arbitration team of Curtis, Mallet-Prevost, Colt & Mosle LLP. In 2006 he worked at ITAM's pro bono Centre for Access to Justice, and participated as an assistant professor on international relations at ITAM. He is a founding member of national civil movements that promote independent candidates to the Mexican Federal Congress and that lobby the introduction of a re-election system in Mexico (VotaIndependiente and Reeligeo Castiga).
Preventing Genocide: Obligations of the P5 under the
Genocide Convention
Languages spoken: Georgian, English, Russian
Thesis Advisor: Professor Ian Johnstone
In its judgment in the case of Bosnia and Herzegovina v. Serbia and Montenegro , the International Court of Justice ruled that under the Convention on the Prevention and Punishment of the Crime of Genocide, states have the obligation, which is not limited to their territories, to use "all means reasonably available to them" to prevent genocide. By this interpretation, it is argued, ICJ has created "a justiciable" obligation to prevent genocide and the states can be held accountable for failing to meet this obligation.
Contemporary system of international law, as shaped by the UN Charter, is based on an idea of sovereignty and non-intervention in internal matters of a state, the only exemption to the rule being, for situations not falling under self-defense, intervention authorized by the UN Security Council to address a threat to international peace and security. However, the doctrine of Responsibility to Protect ("RtoP") developed in the past decade suggests that the notion of sovereignty as enshrined in the UN Charter has eroded over time and the scope of the exception from the rule on non-intervention has by now widened to include, inter alia, cases of intra-state genocide as warranting intervention.
Five permanent members of Security Council (the P5) are parties to the Genocide Convention. In view of the above and considering that the prohibition of genocide constitutes both a jus cogens norm and an erga omnes obligation under the international law, the thesis examines what are the obligations of the P5 under the Genocide Convention in terms of preventing intra-state genocide in another country. Also looking at possible implications of RtoP (if any) in this regard, the thesis is an attempt to see how far the legal obligations of P5 go and what constitutes the means that could be considered as reasonably available to them for preventing anticipated or ongoing genocide elsewhere.
Ms. Japaridze received her first degree in law from the Technical University of Georgia and LL.M. in Human Rights Law from the Central European University in Budapest, Hungary. She has also completed a three-month traineeship program at the European Court of Human Rights in Strasbourg, France. Ms. Japaridze has been working on the issues of displacement for the past few years. She has worked with refugees and asylum seekers, mostly from Chechnya, the Russian Federation, as well as with internally displaced persons (IDPs) from two unresolved ethnic conflicts in Georgia. Her most recent employers have been UNHCR and the Norwegian Refugee Council. Ms. Japaridze's main area of interest for studies at Fletcher is the right to self-determination in the context of ethnic conflicts and secession.
A Comparative Study of the Police Forces in Colombia and
Mexico. Security and Democracy Matters:
The Police Reform in Mexico
Languages spoken: English, French, Spanish
Thesis Advisor: Professor Louis M. Aucoin
Not so long ago, the concept of security was only related to national security issues. Security was understood as a concept that concentrated only in defending any State against any internal or external threat. Under the doctrine of national security, the main objective was to protect the State instead of protecting its citizens. The citizens were seen as part of the background in any situation without taking into account their right to lead their lives without threat to them or their goods.
Most of the countries in Latin America have a state organization that responds more to national security issues than to public safety matters.
The actions and result of any police corporation is linked to any current democracy. The police deal with the safety of the population and maintenance of public order. The police in Latin America have faced multiple problems such as the lack of effectiveness, efficiency, legality, legitimacy and transparency. This situation has brought multiple problems in Latin America not only for the governments but also for the society.
This thesis studies, analyzes and compares the case of Colombia with the case of Mexico, for several reasons: these countries share similar historical and political backgrounds; with similar people, traditions and culture. Importantly Colombia has been facing for the last twenty years a constant struggle and fight against drug cartels and organized crime, and this situation has been taking place in Mexico for the last 10 years. Because of this situation, there can be a comparative study in which the countries share characteristics and most importantly: the recommendations can be applied.
In the specific case of Colombia, the reform process started in 1993 and many changes have been made since the Government of Colombia applied these reforms. Many of these changes and particular characteristics can be and should be applied in the case of Mexico to fight drug cartels, organized crime, and most importantly to decrease the level of violence that the population has been experiencing and that has brought a high discontent within society. It is the obligation of the government to make their citizens feel safe in their country and to change and create a new police force that can approach and properly fight crime and violence.
María José Ocampo received her law degree from the Universidad Iberoamericana. During her studies she worked at various law firms; and has been actively involved in numerous political activities in Mexico. Her most recent employment was in the Mexican Congress where she worked in the Tax Commission Office. Ms. Ocampo is interested in international law and hopes to return to her country in order to work for the government after her graduation.
Comparative Analysis of Two Institutions of Justice in
Post-Conflict Societies: The International Criminal Court
and Truth Commissions
Language spoken: English, Hindi, Urdu, Sinhala
Thesis Advisor: Professor Louis M. Aucoin
This thesis makes a comparative analysis of retributive and restorative approaches to justice in post conflict societies, analyzing the relationship of the International Criminal Court as the classical example of the retributive approach with truth commissions as a standard mechanism of restorative approach in selected situations, including the presentation of findings and recommendations, with a focus and area of interest in International Criminal Justice. The author uses documentary methods in his research and concludes that neither the Court nor truth commissions alone can grapple with and heal a society post-conflict. Rather, both institutions and approaches can work in a complementary, mutually supportive and balanced relationship that allows them share their resources, expertise, and advantages.
The author makes recommendations that, unlike a 'one size fits all approach,' one institution cannot be a principal and effective response to all situations. Both primary and secondary audiences' needs and perspectives should be accommodated while dealing with the post-conflict situation. The final outcome of the partnership between the Court and truth commissions should help societies in a post conflict stage find the answers to the questions of what happened during the conflict, how the acts occurred, and strives to seek the necessary reform to prevent a recurrence of atrocity.
Ali Palh is a lawyer, peacekeeper and human rights activist. He has done his Bachelor degree in Law from Law College Hyderabad, Pakistan and is member of District Bar Association Mirpurkhas, Sindh, Pakistan. Later, Mr. Palh completed his Masters in International Human Rights Law from the Office of Human Rights and Social Development (OHRSD), Faculty of Graduate Studies Mahidol University, Thailand. Prior to it, he was working in Pakistan on human rights, peace and development where his main focus was on women rights and protection of religious minorities. Before joining Fletcher school, Mr. Palh was working with Nonviolent Peace Force, Sri Lanka as Coordinator for Human Rights Defender's Protection Project. Ali Palh joined Nonviolent Peace Force Sri Lanka in June 2007 and worked there as peacekeeper and Head of Field Office Trincomalee, Eastern province until March 2009. After graduation from Fletcher School, Ali plans to return back to Pakistan and work on protection of human rights defenders and minorities, and ratification of the International Criminal Court.
Legal impediments for large-scale foreign-invested
infrastructure projects in Vietnam
Languages spoken: English, Vietnamese
Thesis Advisor: Professor Jeswald W. Salacuse
Although infrastructure is considered as the bottleneck points for the growth of Vietnamese economy, only 18 public private partnership projects have been implemented in the country with foreign partners during the last 12 years, representing about 15% of the total capital invested in infrastructure. This situation is explained by the government's inconsistent attitude toward private sector participation in infrastructure, particularly the provision of a legal framework that specifies the "rule of the game" for the private sector.
The thesis aims to analyze major legal impediments for foreign investors to develop large-scale infrastructure projects in Vietnam, with focus on Build – Operate – Transfer projects in energy, transportation and water and sewerage. The major legal impediments are (i) the lack of an efficient domestic legal framework and enforcement mechanism to protect the rights of foreign investors in large-scale financing project; (ii) the uncertainties in investors' contractual rights to make the projects feasible and (iii) the absence of an effective dispute settlement mechanism between the Vietnamese government and foreign investors. The thesis will also analyze investment-related treaties signed and to be signed between Vietnam and the United States as well as Vietnam's WTO commitments to give recommendations to both government of Vietnam in legal reforms to attract more private participation in these projects and American investors in using international treaties to protect their rights.
Mai Phan graduated from the Faculty of International Law of Diplomatic Academy of Vietnam as student with the highest grade point average in 2008 and won numerous student awards. She was the head of Vietnam's team participating in the Philip C. Jessup International Law Competition in 2008. After graduation, Mai joined the VILAF law firm, one of the leading local commercial law firms of Vietnam.
Security Exceptions In The General Agreement of
Tariffs And Trade
Languages spoken: English, Russian, Lithuanian
Thesis Advisor: Professor Joel P. Trachtman
In light of recent and prospective economic, political and technological developments there is a need to clarify the scope of states' rights under the security exception clause of XXI(b) of GATT. Given controversial and unsettled practice, as well as differing opinions of trade law experts, the correct approach is to analyze states' rights under Article XXI(b) from the perspective of the WTO dispute settlement system. This implies reliance on customary rules of interpretation of public international law and deference to the WTO dispute settlement reports and decisions.
The author agues, that states' rights to security exceptions under GATT of 1994 are very limited. Contrary to the dominating allegations, Article XXI(b) does not give to an invoking state a right to be herself a judge, and the security exceptions are entirely subject to the objective review by WTO panels and the Appellate Body. Four recent empirical cases that concern or could hypothetically involve trade restrictive measures under Article XXI(b) are used to illustrate the analysis: India's ban of the telecommunication equipment and Blackberry phones, China's restriction on rare earth mineral exports and hypothetical state's measures taken to address Stuxnet type virus threats.
Arguments that advocate self-judging nature of Article XXI(b) (Red-Light Approach) and arguments that support objective interpretation of Article XXI(b) (Green-Light Approach) are examined and synthesized to provide a new approach to interpretation of Article XXI(b). In assessing Article XXI(b) measures, WTO panels and the Appellate Body should apply a two tier test: first, to assess whether requirements laid down in Article XXI(b) subparagraphs (i-iii) for a security exception measure are met; in affirmative case, further consider whether the measure complies with the chapeau of Article XXI(b).
Author argues that while objective judicial review of security action's "necessity" may be limited, WTO panels and the Appellate body could assess, whether protected security interests are essential. Most importantly, essential security interests are strictly limited to the corners of subparagraphs (i-iii). Based on the analysis, author concludes that Article XXI(b) envisages only a narrow scope of essential security interests and available measures. None of the security exception actions invoked unilaterally in four empirical cases are justified under Article XXI(b).
Rytis Valunas received a law bachelor degree and a law master degree in 2007 and 2009, Mykolas Romeris University, Lithuania, respectively. He also studied at Lunds University, Sweden (2006) and Ghent University, Belgium (2008). In 2007 Rytis started working in a law firm specializing in litigation and was admitted to the Bar in 2010. During his studies he successfully participated in a number of international law moot courts (Jean Pictet, Philip C. Jessup, World Trade Organization) and received numerous student awards and scholarships. In 2009 he was invited to deliver lectures on international public law and trade law at Mykolas Romeris University. In addition, since 2009 Rytis also served as a legal adviser to one of the Lithuanian MPs. Interested in international trade and energy issues, he expects to enrich his expertise at Fletcher and considers diplomatic career after graduation.
Raise your hands, all in favour- Shareholder Activism –
An analysis on their role in the United States and in India
Languages spoken: Malayalam, English, Hindi
Thesis Advisor: Professor Joel P. Trachtman
Working Title- In the light of evolving corporate governance norms, this thesis aims to have a relook at the role of the shareholder within the company and the larger role they play vis-à-vis other stakeholders. A relook is taken at the role of the activist shareholder. The concerns of this particular subset have always constantly been changing- It may be internal concerns- such as questions on executive compensation or it may be concerns that affect the greater common good- environmental pollution for instance. The different kinds of shareholders, specifically the role of larger shareholders such as hedge funds and mutual funds and the manner in which they choose to air their concerns or if they do, is touched upon. The thesis begins with a discussion and review of the theories on the role of the shareholder and proceeds to evaluate how these theories have evolved and stand today. The paper then proceeds to lay down the laws/regulations in the US, specifically Delaware corporate law and federal law and how shareholders use their statutory rights in the context of corporate social responsibility initiatives. The manner in which the US courts view these shareholder initiatives are also highlighted upon. The situation in India is also analysed along with reasons on the lack of strong shareholder initiative as is seen in the US and how courts in India view the role of the shareholder- whether seen as owing a duty only in respect of the profit maximization objective or whether if they are expected to keep larger concerns in mind and if so to what extent. The underlying objectives behind the laws in US and India are analysed.
The paper also seeks to question whether in the context of the recent economic financial crisis; shareholder initiatives in respect of companies which were overleveraging themselves or were engaging in speculative financial transactions may have been successful in preventing them from imploding.
The paper seeks to conclude with a framework on how shareholder initiatives may be strengthened and how especially in the context of India the statutory laws be used in that regard.
Vidya Venugopal received her degree in law from the National University of Advanced Legal Studies, India in 2007. She was an editor of the maiden law journal of the University and an active mooter, representing the University at several prestigious moot competitions including Jessup and Stetson. After completion of her degree she worked as an in-house legal counsel at ICICI Bank, the largest private sector bank in India, for three years. She specialised in the areas of derivatives, resource raising and securitisation at ICICI Bank before deciding to pursue higher studies at Fletcher. She is interested in working in the areas relating to international business/economic law and policy and hopes to work for international organizations upon graduation.
Turkey's Deadlock: Right to Freedom of Expression v. An Ever Rising Suppression
Languages spoken: English, Turkish
Thesis Advisor: Professor Daniel Kanstroom
Turkey's accession to European Union has been a problematic issue for many years. After the approval of its official candidacy, Turkey promised to undertake several legal reforms under the title of "judiciary and fundamental rights", one of the 35 chapters of acquis communautaire. Freedom of expression is one of the most important subtitles of the judiciary and fundamental rights chapter; however, Turkey has constantly failed to provide this vital freedom. Turkish legal system still does not offer a strong protection for those who want to make their voice heard. My study sheds light on Turkish perception of freedom of expression and aims to point out the flaws in Turkey's legal system about this issue.
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosn. & Herz. V, Serb. & Mont.), 2007 ICJ 91 (Feb. 26).


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(Dana White & the stars of UFC 164 hold court last night after the fights in Milwaukee | Video via UFC Youtube)
Watch the video above to see what UFC President Dana White, and some of UFC 164′s top fighters had to say about all the action from last night's pay per view event. New champion Anthony Pettis talked about his dramatic first round submission of Benson Henderson, Frank Mir and Josh Barnett talk about their controversial heavyweight clash and Chad Mendes discusses his fourth straight knockout win.
Per usual, the "…of the night" bonuses were announced by White at the post presser. Mendes won KO of the night, Pettis won submission of the night and Hyun Gyu Lim and Pascal Krauss won fight of the night. All fighters involved took home an extra $50,000 for the honors.


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echo $tot_res['total']; ?> Customer review - Add a review
Goldgenies' 18k Solid Gold and Diamond NBA Limited Edition Rolex The Oyster Perpetual Submariner's robust and functional design is a modern day icon amongst fine watch collector. Goldgenie have crafted the latest model in pure 18k Solid Gold and encrusted in 8ct of VS1 Diamonds in homage to the NBA; making it an even more […]
Perpetual, mechanical, self-winding
3135, Manufacture Rolex
-2/+2 sec/day, after casing
Centre hour, minute and seconds hands. Instantaneous date with rapid setting. Stop-seconds for precise time setting
Paramagnetic blue Parachrom hairspring
Bidirectional self-winding via Perpetual rotor
Approximately 48 hours
Folding Oysterlock safety clasp with Rolex Glidelock extension system


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The Savoy media blitz continues with an article on eater!
Erik Ellestad Drinks Through Savoy Cocktail Book
In addition to everything I say there, I'd like to thank the lovely Mrs. Flannestad for her love, support, and frequent late night pick ups at sundry bars, restaurants, and random locations.
I really couldn't do anything without her and her support!


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Our Expertise
Value-added, responsive approach to rapid prototyping, custom injection molding and functional manufacturing for the automotive market.
Automotive Design, Development, Engineering
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Phillips-Medisize's unique Rapid Process Technologies (RPTech™) gives automotive customers a variety of prototyping options to meet any project guideline or budget. Benefits of the RPTech system include:
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A Scene-Analysis Approach To Remote Sensing
by Tenenbaum, Jay M., Fischler, Martin A., Wolf, Helen C.
Technical Note 173
Institution: AI Center, SRI International
Address: 333 Ravenswood Ave., Menlo Park, CA 94025
Oct 1978.
A scene-analysis approach to interpretation of remotely sensed imagery is described, with emphasis on applications involving continuous monitoring of predetermined ground sites. A key concept is the use of knowledge contained in various kinds of maps to guide the extraction of relevant information from the image. Geometric correspondence between a sensed image and a symbolic map is established in an initial stage of processing by adjusting parameters of a sensor model so that image features predicted from the optimally match corresponding features extracted from the sensed image. Information in the map is then used to constrain where to look in an image, what to look for, and how to interpret what is seen. For simple monitoring tasks involving multispectral classification, these constraints can significantly reduce computation, simplify interpretation, and improve the utility of the resulting information. Moreover, previously intractable tasks requiring spatial and textural analysis may become straightforward in the context established by the map knowledge. Three such tasks are demonstrated: monitoring the volume of water in a reservoir, monitoring the number of boxcars in a rail yard, and monitoring the number of ships in a harbor. The conceptual approach of map-guided image analysis is described in sufficient generality to suggest numerous other applications. Details of the map-image correspondence procedure and a general technique for locating boundaries to subpixel accuracy using map knowledge are described in appendices.
Adobe PDF
|Fischler, Martin A
|Principal Scientist
|Tenenbaum, J. M.
|Wolf, Helen Chan


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A childhood dream come alive created by Double Fine's lead animator, Tasha Harris, Costume Quest follows the adventure of a group of young friends who must rid their neighborhood of monsters using only their wits, their bravery, and their home-made costumes. Players go door-to-door collecting candy, points, cards, battle stamps and quest assignments as they prepare themselves for Combat Mode -- where they transform into larger-than-life versions of their costumes. Each costume that comes-to-life provides its own unique set of superpowers that players will need to battle Halloween's worst monsters. Explore the various neighborhoods, complete quests, discover hidden areas and trick-or-treat your way through this spooky Halloween night.
Halloween is more than a week away, but Tim Schafer and the team at Double Fine are inviting gamers to go trick or treating today with the release of Costume Quest. The Halloween-themed adventure/RPG launches today on PlayStation Network and Xbox Live. Read More »
Tim Shafer and the team at Double Fine have, for the time being, given up on AAA games and shifted their focus to smaller downloadable titles. We'll get to see what types of games this new business strategy yields when Halloween RPG Costume Quest launches in two weeks. Read More »
As promised, game designer Tim Schafer is getting the hell out of the AAA business. The Psychonauts and Brutal Legend creator announced today his studio's next two titles will be of the digital download variety, kicking off this fall with Halloween adventure/RPG Costume Quest. Read More »
Release Region: United States
Release Date: October 20, 2010
Publisher: THQ
Release Region: United Kingdom
Release Date: October 21, 2010
Publisher: THQ
Release Region: Australia
Release Date: October 21, 2010
Publisher: THQ
Expansion packs related to this game:
Costume Quest: Grubbins on Ice (X360)
Also available on: PlayStation 3, PC
Costume Quest at IGN
Costume Quest Cheats at IGN
Costume Quest at GameSpy
Costume Quest at GameStats


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Audio Transcription
Budget $10-30 CAD
I need an audio transcription from the audio file that is embedded in the powerpoint. Each powerpoint page has it's own audio file that runs about 10-15sec. Theres about 630 pages. So total is roughly 160-180min. Audio is narrational speech, narrator talks slow, clear and it's English.
Awarded to:
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Have you had a chance to read The Leadership Challenge by Kouzes and Posner? It's a bit dry, but provides great stories about leadership and, more importantly, a simple and understandable leadership model. It's a great resource to have around the office.
The first of five Practices of Leadership they talk about in the book is "Model the Way." Here's a short excerpt:


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At 17 mm it covers 180 degrees diagonally on a FX (full frame 35mm camera). Being a fish eye zoom it naturally exhibits heavy barrel distortion in particular at the wide end. But, for anyone familiar with Tokinas 10-17 lens on DX format cameras knows exactly what they are getting.
Edited by Walt Stearns, 13 November 2009 - 02:23 PM.