Tuesday, November 18, 2014

Ardiana Xhafa--Beauty







Aspiring others to look at us as well as read our minds
It’s an experience  of physical attractiveness and mind !
As two inseparable things that bring into existence of beauty!
That is a barrier and forbidden of ugliness, depression, fear and death!

I smile at my beauty humbly as I am able !
I look at it with care and know it as I know myself !
It gives strength to all my hope!
And leaves my way not in a nightmare !

My writing promise so much to you and so !
I wrote just as I wished
     For the greatest and memorable admirers of me !
I such a beautiful lady who cares for you!
Who mind my candid words
That have made your hearts eager to read !


                                                                                        Ardiana Xhafa
                                                                                       U.S.A, 2013


                                                        


 


 



Sunday, November 16, 2014

DIPLOMACY


Mediation is a dispute resolution process in which a neutral third party assists the participants to reach a voluntary and informed settlement. Mediation and diplomacy have both been used more and more frequently after the Second World War in order to prevent such a tragedy from reoccurring. Diplomacy is used in several ways. Nevertheless, there are always exceptions to the rule and not all problems can be resolved peacefully and without bloodshed. These exceptions must be recognized early so that the proper measures can be taken to immediately settle the conflict. However, not all attempts at resolving problems using diplomacy are successful. It is easier to react when something happens than to act in order for something not to happen.

The term "track-one diplomacy" is conducted by official representatives of a state or state-like authority and involves interaction with other state or state-like authorities: heads of state, state department or ministry of foreign affairs officials, and other governmental departments and ministries. Track-one diplomacy may also be referred to as "first track" or "first tier" diplomacy. These official diplomatic efforts can be distinguished from unofficial interactions, which may involve conflict resolution specialists, private citizens, non-governmental organizations (NGOs), or businesses. Such unofficial interactions are referred to as "track-two diplomacy."

The track-one diplomacy takes place bilaterally between two states, or multilaterally when several states interact together, and even regionally or globally through inter-governmental organizations (IGOs). For example, when Estonia and Russia negotiated over issues related to the Russian-speaking people living in Estonia, these negotiations were examples of bilateral track-one diplomacy. Much of the work of the United Nations could be classified as global track-one diplomacy. The track-one diplomacy is used coercively and may involve sanctions, ultimatums, and psychological intimidation; it is used persuasively and involve argumentation and/or compromise; it is used as a means of adjusting states' relationship to and views of one another; and it is a a tool for reaching mutual agreements---which may themselves reflect elements of persuasion or coercion.

Track-one diplomacy is used by a third-party state to help bring about an agreement between other states. As further detailed in the section below entitled "Track-one diplomacy in Conflict Resolution," states may engage in track-one diplomacy as direct participants in negotiations, as supporters of one or another party to the negotiations, or as third party mediators. For example, when U.S. President Jimmy Carter negotiated the Camp David Accords with Israeli Prime Minister Menachem Begin and Egyptian President Anwar Sadat in 1978, a written document resulted from a combination of formal meetings and significant informal personal discussions that Carter held with Begin and with Sadat. War, peacekeeping, and other military and development initiatives are often not included in traditional definitions of official diplomacy, although, like track-one diplomacy, such initiatives are led by official representatives of states or state-like authorities. In addition, track one diplomats are committed to representing their state's interests, which may not always include a strong interest in quickly resolving a conflict. Track-one diplomacy is not always easily applied for successful conflict resolution.

Within the United Nations there are six areas of conflict resolution. These areas work together but also have been known to clash. The six areas are diplomacy, General Assembly resolutions, Security Council mandates and resolutions, Peacekeeping forces, and Peacemaking forces. Diplomacy shows us why the UN faces a problematic status in conflict resolution.  Conflict occurs normally and continually in human society. When opposing groups do not have the skills to keep the conflict in check, and where other factors such as injustice, inequality are present, conflict can become violent. These conflicts destroy the lives of their victims and the quality of life for the survivors. Inequality may be based on ethnicity, religion, national identity or economic and social class.  In addition, a weak Government has little capacity to stop the eruption and spread of violence. 

At the inter-group or international level, the term encompasses a number of different terms: "track two diplomacy," citizen diplomacy, "multi-track diplomacy," supplemental diplomacy, pre-negotiation, consultation, interactive conflict resolution, back-channel diplomacy, facilitated joint brainstorming, coexistence work. While differing in emphasis, agenda, and theoretical approach, these initiatives share many common goals. They attempt to provide an environment that is low-key, non-judgmental, non-coercive, and safe, and to create a process in which participants feel free to share perceptions, fears and needs, and to explore ideas for resolution, free of the constraints of government positions. The process is designed to encourage the development of mutual understanding of differing perceptions and needs, the creation of new ideas, and strong problem-solving relationships. Normally, informal intermediaries are non-governmental actors, such as religious institutions, academics, former government officials, non-governmental organizations, humanitarian organizations, and think tanks, among others. In some cases, however, governments or government officials can act as informal intermediaries when they facilitate discussions among non-officials -- private citizens or groups of individuals -- from conflicting parties.

 Diplomacy has remained an important means of responding to regional as well as international conflicts. Particularly in the present challenging situation, when economic injustices and military expansion have reached an alarming level, the need to provide timely warning to the countries involved and suggest concrete solutions to mounting problems is one of the fundamental tasks of all international institutions. These issues are usually focused through conferences at both regional and international levels. Hence, the role of conference diplomacy cannot be overlooked.  The success or failure of conference diplomacy depends on the circumstances and the sincerity of the concerned parties, and above all, on their political and economic compulsions

            We are born to struggle for our own "survival". Throughout our life, we have to compete with other people to survive or we have to face with unpredictable situations. Therefore, survival planning is necessary for us because it makes us realize that something could happen to us and would put us in a survival situation. In brief, survival is the supreme national interest. Challenges to it lead to war.  VITAL INTEREST #1: Safeguard state national security. This means, above all, to protect state’s territory, borders, and airspace.

2. Prevent a major power threat to enemies.  

3. Maintain access to foreign trade.

4. Protect the state and its people against threats to their lives and well-being

5. Maintain access to resources

For example, The U.S. has an important interest in promoting democracy and free markets abroad, especially in regions where old totalitarian or authoritarian empires have collapsed. The more democratic the world becomes, the more peaceful it becomes, and therefore the more congenial for U.S. values and interests. Strategic interests arise from matters and developments that do not bear immediately on a state’s security, well-being  and domestic tranquility but that have the potential if left unattended to directly affect these vital interests or the capacity to advance or defend them. If a state is to prosper its policies and relationships must be adjusted to address such strategic trends and to bend them to its greatest advantage or least disadvantage. Strategic interests can help a state accomplish key objectives and make strategic use of interest states and groups.

            Tactical interests emerge from the entire range of activities by a state and its nationals beyond its borders. In brief, the state's tactical advantages influence what interest groups do politically and their effectiveness. Since terrorists are difficult to identify, states seek to develop intelligence on their covert activities. A society’s values find expression in its national ideology which shapes its international aspirations and inspires the national interests. Ideology combines with interests to generate national concerns. For example, no national or international leader has presented anything remotely close to a real strategy to address problems related to terrorism, oil dependency, geopolitical tensions, environmental destruction and global warming. They go tactical and mistake this for a strategy. It is not. It is a sham and a poor excuse for decisive strategic planning and action. Even if national leaders tactically succeed in temporarily delaying the progress of terrorists, they will yet be left with such problem.

Power is a major asset that can bring a country to power. The national power is measured by their ability to alter and channel the behavior of other states. For example, the values of the national community and the operation of its central government are linked together through mediating institutions, such as corporations, estates and the representative system, which ensure that the activities of the government broadly express the basic ideals and interests of groups within the community or its individual members. If such mediating links do not exist or ends to perform their proper function the nation or its important sections become alienated from the government and the integrity or independence of the political community is jeopardized. Leadership can fortify resolve. The accumulation and effective of power are the central tasks of statecraft. Power is a major role in political influence. It affects the politics in foreign policy and many other foreign relations as well. Power can intimidate or provoke a country to act in a way they might not act. Power is a major asset that can bring a country to power. Power can also ruin a country. "Political institutions are the rules that regulate the exercise of power in societies and in the world. When power becomes institutionalized - that is, when rules for the use of power are widely accepted - the holders of power have authority. In today's society a balance of power is necessary. The term balance of power refers to the relatively equal power capabilities of rival states or alliances. The balance of power theory maintains that when one state or alliance increases its power or applies it more aggressively threatened states will increase their own power in response, often by forming a counter-balancing coalition. Many states will counter any threat to their own security by allying with other threatened states and then increasing their own military capabilities. A state's power is derived from the size of its land mass, population, and its level of technology. This potential power s measured into military capability. The effective use of military force depends on such elements as leadership and other things.

            Intelligence is having the capacity to apply knowledge. It evaluates and gathers information about the safety of the state but also directs tasks of other agencies in the intelligence community. The duties of the intelligence of a state are numerous: engaging in research in military, scientific, and political fields, conducting counterintelligence activities in other countries, checking foreign television and radio broadcasts, taking part in espionage, and most importantly warning national leaders about international occurrences. Many people just don't realize what espionage is? It involves Industrial, Economic, and just plain old fashion spying. For example, in some cases, countries take the information that they have stolen from United States companies and sell the secrets to their own domestic stores/companies to compete with U.S. companies and companies around the world. There is a huge phenomenal, growing pain in the economy, the reason why is we are targets because the United States has the most advanced technology.  By reading Freeman I conclude that a state is like god, (power, justice and wisdom). It is the all mighty powerful being that controls all and others just think it's a big overblown idea. The idea of the state is fairly confusing but rarely ever challenged. The state is thought to be merely an idea, an ideological thing or an abstract formal idea. I know that the state is not an object and it doesn't seem logical to me that the state would be an abstract formal idea; the only logical explanation for the state is that of it being an idea. The state can also be seen to hold unknown amounts of power. How the state gets this power, why the state emerged to form this power and why the people legitimize this power is debatable. By reading Freeman’s book the “ Arts of power” I conclude that diplomacy is the activity of preventing and solving conflicts by representatives, namely diplomats, of two or more states (nations) conversing on related controversial issues with expectations toward peaceful agreements. The most significant catalyst or mechanism used within diplomacy exists as immunities and privileges. Diplomatic immunity and privilege involves an exemption or freedom from liability or penalty under criminal and national law. Consular agreements, extraterritoriality, impunity and extradition are terms that appear frequently throughout the discussion of diplomatic immunities and privileges. By reading the author Freeman I also wanted to mention that morality does not exists, and everyone lives in constant fear as a result in such condition, there is no place for industry, and consequently no culture of the earth, no navigation, nor use of the commodities that maybe imported by sea; no commodious building, no knowledge of the face of the earth, no account of time, no arts, no letters, no society; and which is worst of all, continual fear and danger of violent death; and the life of people, solitary, poor, nasty, brutish, and short. We see signs of this in the mistrust countries and people show of others in their daily lives. In countries that have yet to be civilized people treat are barbaric to each other.

In the absence of international law strong countries prey on the weakness of weak countries. People have three motivations for ending this state of war: the fear of death, the desire to have an adequate living, and the hope to attain this through one's labor. Nevertheless, until the state of war ends, each person has a right to everything, including another person's life. 

4. UN Security Council is the organ with primary responsibility for the maintenance of international peace and security, the UN Security Council must work constantly to enhance its potential for the prevention and settlement of conflicts. The Council's current structure is 5 permanent members (China, France, Russia, UK, the U.S.) each with the right to veto, and 10 non-permanent members elected by the General Assembly for 2 year terms. Under the UN Charter, it is the only body that can take decisions binding on all UN members. The U.S. and other permanent members of the Council must ratify any changes to the UN Charter, including any changes to the Council's size or powers Non-governmental organizations are private organizations that pursue activities to relieve suffering, promote interests of the poor, protect the environment, provide basic social services, and undertake community development projects. The basis of these organizations came from outside parties who believed the politically corrupt and ethnically tied governments would be unable to solve the nation problems. Another benefit was to start with the grassroots of the nation and provide programs that help the people of Africa help themselves. NGO's are value-based organizations that depend on charitable donations and voluntary services. The key to the reasons why NGO's are successful is the fact that all money and effort put into the program bypasses the government. The government is unable to get their fingers on any money so it then goes directly into the community. Beginning around 1990, non-governmental organizations dramatically increased their contact with the UN Security Council.

 Beginning in the 1990s, several trends led towards greater NGO involvement with the Council. Firstly, in this period, the Council assumed a much more active program of work and began to meet on an almost continuous basis. For example, in the six years from 1988 to 1993, the Council's total number of meetings and consultations grew nearly fourfold while its total resolutions and presidential statements increased more than six fold. As the Council took unprecedented action in the area of sanctions, peacekeeping, election monitoring, policing, and post-conflict peace-building, NGOs with international policy mandates decided that they must follow the Council's work much more closely.

Secondly, Council delegations (and especially those of the ten Elected members, the E-10) faced a large and growing policy burden as the Council took on responsibilities in dozens of active crisis areas. The smaller delegations could not keep up with this pace. They urgently sought information expertise and policy ideas from NGOs that could help them fulfill their responsibilities in the Council and act as a counter-weight to the large mission staffs and vast intelligence capabilities of the Council's.

 Thirdly, in this period, NGOs were assuming a larger role in international affairs and a greater influence in shaping public opinion on international policy issues. Further, NGO public advocacy and media campaigns often shaped public understanding of the crises and created public pressure on governments to act.

Fourth, because the Council's work increasingly addressed civil wars, the collapse of government authority, and internal strife “not interstate wars as had been largely the case previously“ its work entered an arena where the expertise and action of NGOs was especially critical. In every crisis, NGOs were present, struggling to feed the hungry, care for the sick, shelter the homeless and protect the vulnerable. If the Council was to end such conflicts, it obviously had to seek more than formal peace agreements between belligerents.

And fifth, as awareness of globalization emerged, the international public began to recognize the 'democratic deficit' in the global decision making process. Countries providing troops and other personnel for the Council's increasing peacekeeping missions grew irate that the Council was placing their nationals at risk with scarcely any explanation or accountability.

NGOs nonetheless began to make sporadic contacts with the Council as an institution, or with individual Council members. And, conversely, Council members reached out to NGOs. For example, the new contacts arose mainly from urgent international crises such as the Gulf War in 1991 and the Somalia crisis in 1993. The 1994 genocide in Rwanda, during which the Council had remained shockingly inactive, alerted human rights and humanitarian NGOs to the need for regular communication and advocacy. The Balkan wars, the conflict in Chechnya, the deepening Palestine crisis, and conflicts in central and western Africa had a similar effect: the post-Cold War world was obviously not going to be an era of peace, and NGOs could not count on states to solve these problems. NGOs with such concerns, however, had little or no regular representation at UN headquarters in the early 1990s. Nor were they familiar with the Council, its arcane traditions or its secretive working methods. NGOs worked steadfastly on urgent issues such as Iraq, Sudan, the Balkans, the Great Lakes, disarmament, sanctions reform and the Israel/Palestine conflict, learning that support by a Council majority was not enough, no matter how just the cause.

   Ardiana Xhafa
MS in Communication  
     2012  U.S.A                       

 

INTERNATIONAL HUMANITARIAN LAW


 
International law means ingathering of agreements, duties, and mutual agreements leading the collaboration of nations and worldwide trade or non-governmental groups. The issues areas involve:

1)  The Developmental and International Law area which examines the relationship between international law and the development agenda as articulated in the UN Millennium Development Goals. This includes issues such as the role of international law and institutions in eradicating extreme poverty and hunger; achieving universal primary education; promoting gender equality and empowering women; reducing child mortality; improving material child health; combating HIV/AIDS, malaria, and other illnesses; ensuring environmental sustainability; and creating a global partnership for development. The issue area also encompasses the international legal aspects of efforts to curb corruption and promote democracy, good governance, and the rule of law.

2) The Environment, Science & Technology issue area examines the intersections between international law and a wide array of contemporary issues involving scientific advancement and technological developments such as internet governance, cyber security, privacy and data encryption, and the protection of intellectual property rights. This program area also includes global environmental issues and challenges involving the Law of the Sea, climate change, and natural disasters.

3) Human Rights and Humanitarian Law issues involve human rights’ issues associated to gender equality, minority rights, trade and human rights, and the domestic incorporation and execution of international standards. Developments concerning the status and application of the laws of war and the Geneva Conventions generally as well as in the context of combating terrorism will also be addressed.

 4) International Security issue area speaks about the role of international law and international institutions in promoting and sustaining international peace and security by focusing on legal issues related to the use of force, peacekeeping and stability operations, conflict resolution, and post-conflict reconstruction. It also involves the production of weapons of mass destruction, global crimes, and terrorism

5) The International Institutions issue area focuses on the role of international institutions in creating, shaping, promoting, and enforcing international law and standards as well as ongoing efforts to improve their efficiency and effectiveness through institutional reform. Particular attention in this area will be paid to formal international organizations, financial institutions, dispute resolutions mechanisms, and courts and tribunals such as the United Nations, World Trade Organization, World Bank, International Criminal Court, and also to regional bodies and informal mechanisms and networks

 6) Trade and Investment issue area includes significant legal and institutional developments in the areas of trade, foreign direct investment, economic integration, business regulation and taxation, intellectual property, and issues related to the transnational movement and regulation of goods, services, labor, and capital.

7) The Transnational Litigation & Arbitration issue area explores substantive and procedural aspects of private international law and dispute resolution, such as forum non convenience, choice of court agreements and rules, enforcement of judgments, and cross-border evidentiary issues such as discovery. Issues related to investment arbitration and other forms of dispute resolution are also addressed by this issue area.

8) The Women and International Law issue area reflects the breadth of the Society's work relating to women's rights, women as a subject of international law, gender perspectives on international law, and the role of women in the development of international law. Much of the work in this area is, of course, spearheaded by one of ASIL's most active interest groups, the Women in International Law Interest Group (or "WILIG"). ASIL President Lucy Reed has established "women and international law" as a theme of her 2008-2010 presidency, with a particular emphasis on issues relating to accountability for sexual violence in conflict and post-conflict settings.

Complex emergencies are situations of disrupted livelihoods and threats to life produced by warfare, civil disturbance and large-scale movements of people, in which any emergency response has to be conducted in a difficult political and security environment. Environmental health in emergencies and disasters: a practical guide (WHO, 2002). Complex emergencies combine internal conflict with large-scale displacements of people, mass famine or food shortage, and fragile or failing economic, political, and social institutions. Often, complex emergencies are also exacerbated by natural disasters. Who is response to complex emergencies is coordinated by the department of Health Action in Crisis.

Every year natural disasters kill around 90 000 people and affect close to 160 million people worldwide. Natural disasters include earthquakes, tsunamis, volcanic eruptions, landslides, hurricanes, floods, wildfires, heat waves and droughts. They have an immediate impact on human lives and often result in the destruction of the physical, biological and social environment of the affected people, thereby having a longer-term impact on their health, well-being and survival.

In the context of emergencies, displaced people are people who have had to leave their homes as a result of a natural, technological or deliberate event. Political turbulence in many regions of the world has increased the number of displaced people fleeing complex emergencies and disasters. They often end up in large camps where environmental health measures are insufficient.  Displaced people include internally displaced people (people who remain in their own countries) as well as refugees (people who cross international borders).
Ardiana Xhafa
   U.S.A 2010