Over the last decade, Australia's tropical north has featured front and centre in big national debates about the nation's future. As in the past, the north has again been cast as the nation's frontier saviour through bold new resource and agricultural developments, both real and imagined. Yet others have dreamt of the north's expansive landscapes being secured as an iconic wilderness. Big human rights-centred debates have raged about the success or otherwise of Commonwealth, State and Territory interventions in Indigenous communities. Quick-draw policy responses on complex issues like the live cattle trade have had devastating impacts on the confidence of northern industries and communities. Finally, the daily media images of refugees heading to the coast keep the north's strategic importance on centre-stage, raising unresolved tensions about relationships with our Asian-Pacific neighbours. With some exceptions, these national debates have played out across southern Australia's media, policy-making and academic institutions and think-tanks; a debate largely crafted by, and for, a southern audience. For those of us in the north, it is forgivable to think that the south looks upon northern Australia as one might look upon their own troubled child; a youngster on the precipice between adolescence and adulthood. There seems to be, on one level, that great hope and expectation of a gifted life ahead; the north stepping forth into untold prosperity and longevity. At the same time, there remains a fear that, left to its own devices, the north will spiral into delinquency; a failed state perhaps. While it could be too easy to cast a discussion about the future of northern Australia in simple north-south terms, the south does have the political power, money and population to deliver big changes in the north. Many in the north, however, would argue that, on a daily basis, they experience flaws in the south's contribution to its governance. There is a common perception that major policy decisions are often made in the interest of a southern electorate without real concern for the rights and interests of those in the north. Other concerns relate to programs that are too short term, fragmented and restrictive to make any genuine changes for the better. Without further extending the "troubled youth" analogy, this might just be a sign that the north is maturing and is champing at the bit to be more in control of its own destiny. The north, however, is indeed different to the south. It has a far thinner human and institutional capacity. Its land tenure foundations are largely public or communal versus private. It is primarily an Indigenous domain. Its climate and annual cyclonic risk is beyond the typical experiences of those in the south. Much of the north is closer to populous Asian and Pacific capitals than to Perth, Brisbane or Canberra. As such, northerners, by and large, are looking for different governance models. There is a desire to cast existing models aside and to at least explore, in partnership with State and Federal Governments, innovative new approaches. Northern Australians want people in the south to better understand this unique, majestic land and its importance to the nation. Over recent years, several columnists and academics have had a go at building a narrative about the north, but few have tried to start a genuine dialogue between northern and southern Australia; a dialogue focused on how the nation as a whole might work towards a better future for northern Australia through governance reform. This discussion piece aims to start a national debate about the purpose and direction for such reform. It is not, however, a return to Theodorian-style calls for political separatism. Northern Australia needs southern Australia and vice versa. This means that, at the very least, the nation needs a bolder and united north Australian narrative that takes us from being the post-colonial backwater of three separate governments to a more northern-driven but nationally integrated governance system. It is about Australian and State/Territory Governments radically and collectively reconfiguring their current fragmented and geographically distant approach, to one that negotiates big policy decisions in the north and that manages government policy and programs in radically different ways. With mature economies in the south, fresh opportunities for major national economic, social and environmental advances rest in the north. Southern powers need to explicitly support the emergence of these opportunities from within the north itself for the benefit of the nation as a whole. This could emerge through a stronger northern Australian policy, fiscal and delivery architecture; perhaps one directly integrated into the Council of Australian Governments (COAG) framework. Such an architecture and associated processes, however, must be powerfully engaged with a cohesive and strong pan-tropical alliance of northern Australia's sectoral interests, inclusive of traditional owners, local government, industry, human service, conservation and other sectors. It must also be independently informed by a cohesive and engaged knowledge-based relationship with the north's key research institutions. If this approach recasts the way decisions are made for the north, then there are several big reform agendas that need to be the foundational focus of attention. First, as the foundation for both economic development and rights protection, the north needs real innovation in the efficient resolution of land use and tenure conflicts across the landscape. This requires a long-term, cohesive and regionally-driven approach to planning of the north's strategic land use and infrastructure needs. This contrasts the current approach, driven both by either high profile southern conservation campaigns or major development projects that emerge in bull markets. On the economic front, we also need a more targeted and consistent approach to negotiating major project development in ways that lift investor-confidence while not trashing our crown-jewel environmental and cultural assets; approaches that also can build the long-term foundations for regional community development. Alongside this, we have an opportunity to create the basis for an eco-system services economy specifically designed for, and focussed on, northern Australia; one that delivers land owners/managers real economic reasons for managing landscapes explicitly for their cultural, conservation and wilderness values while also keeping the economic foundations for remote communities intact. At the community-scale, over the past 30 years, the core government model for Indigenous policy and program delivery shifted from assimilation to self-determination, but the policy failures of both have culminated in (the largely top-down) interventions of the last decade and their focus on service normalisation. While addressing critical needs, the new normalisation-based approaches continue to disempower and deliver stop-start progress. The architecture for government delivery largely remains welfare-oriented, inflexible and annualised. Such approaches simply do not build lasting human capacity and often do not work for a region with a rugged landscape, limited human resources and a cruelling wet-dry seasonality. Similarly in that time, local governments across the north have been gradually lumbered with big new policy and delivery responsibilities without linked improvements in revenue. To shift the whole economy from an historically boom-bust cycle, however, the nation must build the foundations for a tropical knowledge-driven economy that both underpins productivity improvements in our existing industries (mining, agriculture, fishing, tourism) and creates real export-oriented engagement. This outward looking engagement needs to be not just into the Asia-Pacific, but right across the globe's tropical latitudes. This will rely on Australia investing in tropical knowledge development (e.g., tropical health, agriculture, environmental and disaster management, tropical design and energy) within the north. These strengths then need to be brokered into the wider tropical region via long-term partnership building, trade and innovation clusters and the strategic attraction of foreign investment. This palette of reforms could deliver a progressive and productive northern Australia with a strong identity and lifestyle values to-die-for. Despite the challenging climate, the north could become a place where a great diversity of people (with a wide skills base) want to live, escaping our reputation as the southern hemisphere's salt mines. The cost of failure would be great: a permanent boom and bust economy with more bust and less boom, whole regions of multi-generational disadvantage and the nation's environmental and cultural jewels degraded. If progressed through the right governance reforms, however, securing these opportunities in the north may hold the keys to the whole nation's future. This paper outlines first why good governance for northern Australia is important to the nation. It details how things actually function in a pan-tropical sense, in northern Western Australia (WA), the Northern Territory (NT) and northern Queensland, and at regional and local scales. It then looks at how the north has been governed through the lens of major conflict themes from our recent history. It also looks at the outcomes that might emerge from a business-as-usual scenario; what happens if the flaws in the governance of the north continue unabated into the future? Finally, it explores (or perhaps dreams) of some of the alternative possibilities for northern governance.
Pikeville College Diary of a Flood A Publication of Pikeville College Pikeville, Kentucky 40501 April, 1977 Since 1889, the influence of Pikeville College has reached into the lives of families and individuals now digging out from under the muddy floodwaters of the Levisa Fork of the Big Sandy River, whose banks overflowed Monday night, Apri l 4, spilling over 51 feet of devastation into Pike County. The warm sun, 'tempered by a brisk wind, is now settling in on hundreds of students and employees . of Pikeville College as they begin putting back together their homes, classrooms and lives. Official estimates of the amount of money that Pikeville College will have to raise in order to get back to where it was on Monday morning, April 4, before the flood changed everything, are now over $1.5 million. At the same time, the people who are a part of Pikeville College-faculty, staff, students and administrators '--are trying to recover t heir spunk and spirit and carry on with their responsibilities. The process wi ll be slow. The coll ege's Science Building has served as a Red Cross Disaster Relief Center. For nearly two weeks, the dining room fed some 2,000 meals a day to people affected by t he flood who aren't connected with the college. Workers from HUD have set up offices in t he Science Bui lding that could be in use for up to six months. Larry Darlage, chairman of the Chemistry Department, helped Roger Keller organize the college facilities into a disaster. center before the Red Cross was mobilized. Now they and others who have assisted them are returning to their classes to finish the spring semester. They will have to manage that a long with continuing their service to the homeless, many of whom are college employees. "We estimate that to repair just the living facilities owned by the coll ege that were destroyed or bad ly damaged will cost upward of $300,000," President Jackson 0. Hall sad ly commented. Hall and Vice President for Development Bill Higginbotham are t rave ling to Detro it, Pittsburgh, Philadelphia, Washington, New York, Charlottesvi lle, Richmond, Lexington and Louisville to seek immediate assistance. The personal possessions of college employees and students who have been displaced from their homes - many of whom have devoted countless hours staffing the emergency re lief centers as well as salvaging their belongings - a re conser vative ly estimated at $200,000. Although many of these people are from Pike County or areas where similar flooding occurs, others are from regions of the country where floods are unknown. Dr. Marie Tarpey, Vice President of Academic Affairs, came to Pikeville College from Delaware. A Boston native, Tarpey had no idea what kind of damage water will do. While the menace was rising toward her second floor apartment in a brand new complex just bui lt by the college, she was in her office call ing applicants to interview for a position currently open at the college. She had no idea that a f lood was in the making - a flood that would destroy her new furniture and most of her academic papers and books. (PHOTO) Associate Professor of Music Jim Andy Caudill and wife Jenny remove their belongings from college owned apartments. Photo by Bill Higginbotham Likewise, Dr. Jerry Harris, chairman of the college's Humanities Division, was dutifully teaching his Monday night class. About 7 p.m. Bill Higginbotham, Vice President for Development and Public Relations, walked into Harris' classroom and lifted him out of h1s chair. "We've got to get your cars out of the parking lot. The water is already up on the tires. It's taken us this long to figure out they were your cars." By the time they made the two minute trip from the classroom building down · the hi II to the parking lot, the cars had water up over the engines. They couldn't be saved. Harris and his wife Judith, recovering from major surgery in Columbus, Ohio, hospital, moved into the new apartment on February 25. On April 4, they lost nearly everything they had, including two libraries containing 1,800 pounds of books. SGA President Dole . . . exemplifies service above self A student government association president leads an exciting life at Pikeville College. Monday, April 4 , was a week long for Doug Dole, SGA president from Hamilton, Ohio. About 4 :45 p.m. that day Dole went with Ken Thornbury down the hill at the college to Park Street. The water was coming up and Thornbury wanted to move Bill McCloud's washer and dryer. Dole had been helping with the Red Cross Bloddmobile that had been in the college's Science Building that day. After moving McCloud's washer and dryer up the hi II and going back down to the river, Dole and his companions dis- covered the water coming up a lot quicker than they had noticed before. They began moving cars out of the parking lot behind the college gym. By the time the last car was on dry ground, the water was lapping around Dole's knees. Moving down Park Street next to the gym, Dole worked with Freddy Rutherford and Bi ll McCloud to move their be longings either up or out. He knocked on doors a ll a long the. street, asking people he didn't even know if they needed his help in trying to warn those who hadn't been outside that the water was coming up. Jonathan Harris joined Dole and Thornbury. They realized three people couldn't do much with the water rising so rapidly. So they went back to the dorm and got a lot more help. "They thought I was kidding (about the water). but they came anyway," Dole said . There were then at least fifteen students that went back to the Park Street area; others went to the other end of town. Dole didn't leave Park Street until the water was waist high. By that time his legs had begun to swell and were totally numb. He hurried to the new college apartments on the other side of the gym from Park Street. The water was up about six inches in the back of the building closest to the river When he arrived. He carried Lois Marks, wife of the college's alumni affairs director, out to her car. "Jonathan· must have carried the kid that was with Lois," Dole tried to recall. Lois was taking care of Jason Falls, four-year old son of public relations director Sara Falls, who was working furiously to move her first floor apartment be longings to safety. Some minutes later Dole waded back through the waist high water in the parking lot with Sara Falls. She climbed over furniture piled head high on the second floor breezeway and over the wrought iron railing to get an extra set of her car keys that she had left with neighbors for safe-keeping. Dole made sure she got up and back without falling. (Continued on page 3) While college employees and students were evacuating houses and apartments, water was also creeping into the college gymnasium: The interior destruction was total, not only to the gym, but to the classrooms housed in the build ing. To repair it and the tennis courts adjacent to it will cost more t han $300,000. Compounding an already bleak financial situation is the fact that Pikeville College relies heavily on gift support from the region. Annual giving had been projected at a level of $500,000 this year. The flood may reduce this by as much as $200,000, and the lingering effect will no doubt severely hamper local fund raising efforts next year. The business people and ind iv iduals who normally support Pikeville College in many cases are the same people who are digging themselves out of this disaster. Ramifications reach even further. There could be a decline in enrollment. Current students and other young men and women who otherwise would have come to Pikeville College will need to seek employment to offset the cost of replacing their homes and belongings. It's difficult to assess what that might mean in loss of tuition and room and board, but it could conceivably run as high as another $250,000 next year. Jack Marks, Director of Alumni Affairs, looked down shaking his head. "If anyone anywhere not affected by this tragedy ever thought of helping Pikeville College, I hope it will be now." Marks lost his personal belongings; he and his wife had moved into the new college apartments the first of March. He's back at work, trying to do what he can to get the college back in operating order. "The college needed me to come back to work," he said. "Everyone else is in the same shape I'm in; we're all doing the best we can. I just hope that depression and frustration doesn't set in." The future of Pikeville College depends on the spirit of people who work there like Jack Marks. And it depends on immediate financial relief from individuals, foundations and corporations outside the floodstricken area who come to the aid of this small, but vital, Appalachian college. Coming Events May 7 Alumni Banquet May 8 Commencement Summer Terms May 9-27 MiniMester June 6-July 28 Session I July 11-August 12 Session II June 6-August 5 Evening Session Morehead Graduate Classes May 16 Intersession June 6 Summer I July 5 Summer II
Angling for Atlantic salmon (Salmo salar L.) is a popular recreational activity and provides income for Norwegian landowners holding fishing rights. Abundance and distribution of salmon have however declined markedly during the last 30 years. The recreational salmon fishery is a highly interesting meeting place for natural resources management, delegation of rights and responsibilities, and economic development in rural areas. Landowners are key actors in this regard by having a wide range of roles being farm owners, holders of fishing rights, suppliers of angling, tourist hosts, owners and managers of salmon habitat, and comanagers of salmon stocks through statuary river owner organizations. Landowners have limited angling tourism resources, and share salmon management responsibilities, making collective-action by the landowner group important. The recreational salmon fishery which both salmon and landowners are parts of can be viewed as a social-ecological system where there is reciprocity between salmon as a resource and landowners regarding angling tourism,management and conservation of salmon stocks. The main objectives of the thesis were 1) to identify constraints and 2) make recommendations about management of salmon stocks and development of angling tourism in Norway with an emphasis on private small scale landowners. Secondary objectives were to: a) reveal landowners' objectives and which variables influence these objectives; b) analyze landowners' profit efficiency; c) analyze risk sources in angling tourism and landowners' risk management strategies; d) identify different types of landowners, their priority of management actions to strengthen salmon stocks and attitudes to river owner organizations' work. The objectives were addressed through a study of the recreational salmon fishery in four major salmon rivers in the Trondheim fjord region of mid-Norway. Empirical results were based on a postal questionnaire survey sent landowners in the Gaula, Orkla, Stjørdal and Verdal rivers. Data analyses included use of multiple regressions, factor analysis, binary logistic regression, cluster analysis, and a stochastic profit frontier function. The study revealed a heterogeneous landowner group regarding quality of the fishing rights, farm and landowner characteristics, and objectives about the fishing right. Heterogeneity is generally a problem for cooperation and coordination. Several distinct landowner types were identified: the passive owner, the recreationist, the multiobjective owner, and the economist. Marginalization of angling income reduces profit efficiency in supply of angling tourism. The ongoing trend with more landowners taking off-farm work or not living on the farm may lead to future landowners emphasizing the recreational function of the fishing right and other farm resources rather than the business function. Thereby, profit efficiency would decrease and less fishing could be available for anglers and have consequences for rural tourism. Policies should therefore facilitate development of specialized fishing tourism enterprises by making it easier to rent and acquire fishing rights. Thus could be done by e.g. legislating a minimum period for lease of rights. Mandatory organization of landowners in river owner organizations and introducing a minimum size for beats could also reduce some of the problems caused by heterogeneity in the landowner group. Reduced angling season and changes in strength of salmon runs salmon were seen as having the largest impact on future income from salmon angling tourism. Measures to strengthen salmon stocks might therefore be the most important measure to promote angling tourism, as this ensures that angling can take place and reduces landowners' investment risk. Landowners used a multiple of strategies to secure household income. Salmon related strategies were least important probably because of the overall limited profit from angling (average NOK 30,000 per landowner), and the top risk sources being beyond individual landowner control. Reduce problems from salmon farming and stop the spread of the Gyrodactylus salaris (Malmberg) parasite were seen as the biggest threats to salmon stocks. The river owner organizations have little influence over unfavorable conditions in the ocean. Landowners could maximize natural smolt production in the rivers to mitigate these effects and show that they take their share of salmon conservation. Management of habitat and regulation of the fishery to ensure enough spawners are key issues. The high priority of stocking and low priority of catch and release show the apparently irrationality of landowners in prioritizing management actions to secure stocks. This demonstrates a need for knowledge building in the landowner group and for improved communication between scientists, government, river owner organizations and landowners about the effects of stocking and other management actions. The many landowners being negative to the net fishery lease might be due to a lack of information from the river owner organization but also the unfamiliarity with paying for conservation, a concept being new for landowners that historically may have taken salmon for granted. The results from this study might be useful also for understanding how landowners view other natural resources on their farm and the effects on resource management, conservation and economic development. ; Sportsfiske etter laks (Salmo salar L.) er en populær fritidsaktivitet og skaffer også inntekter for norske fiskerettshavere (elveeiere). Mengden og utbredelsen av laks har imidlertid gått merkbart ned de siste 30 år. Laksefiskeriet er en svært interessant arena i skjæringspunktet mellom naturforvaltning, delegering av rettigheter og plikter, og næringsutvikling i distriktene. Elveeierne er nøkkelpersoner i så måte, fordi de har en rekke ulike roller som grunneiere, tilbydere av fiske, turistverter, eiere og forvaltere av laksens leveområder, og forvaltere av laksestammene og fisket gjennom elveeierlaget. Elveeierne har hver for seg begrensede ressurser for fisketurisme, og deler også ansvaret for forvaltning av laksen. Dette gjør at samarbeid mellom elveeiere er viktig. Laksefiskeriet kan bli sett på som et sosialøkologisk system der det er en avhengighet mellom laksen som ressurs og elveeierne vedrørende fisketurisme, lakseforvaltning og bevaring av laksestammene. Hovedmålsettingene med denne doktorgradsavhandlingen har vært 1) å identifisere hindringer og 2) foreslå anbefalinger for forvaltning av laksen og utvikling av fisketurisme i Norge med spesiell fokus på private elveeiere. Delmålsettinger var å: a) avdekke elveeiernes mål med fiskeretten og hvilke variabler som påvirker disse målene; b) analysere elveeiernes profitteffektivitet; c) analysere risikokilder i fisketurismen og elveeiernes bruk av risikostrategier; d) identifisere ulike typer elveeiere, deres prioritering av forvaltningstiltak for å styrke laksestammene, og deres holdninger til elveeierlagets arbeid. Målsettingene i avhandlingen ble gjennomført ved en studie av laksefiskeriet i fire store lakseelver i Trondheimsfjorden. Empiriske resultater baseres på en spørreundersøkelse sendt elveeierne i Gaula, Orkla, Stjørdalselva og Verdalselva. Dataanalysene inneholdt bruk av multippel regresjonsanalyse, faktoranalyse, binær logistisk regresjonsanalyse, klusteranalyse, og en stokastisk profitt grenseverdifunksjon. Studiet avdekket en elveeiergruppe med stor variasjon angående kvalitet på fiskeretten, eiendoms- og elveeierkarakteristika, og mål med fiskeretten. Slik heterogenitet er vanligvis et problem for samarbeid og koordinering. Flere distinkte typer elveeiere kunne identifiseres: den passive eieren, rekreasjonisten, flerbrukeren, og økonomen. Marginalisering av inntekt fra laksefiske reduserer elveeiernes profitteffektiviteten som tilbydere av laksefiske. Den vedvarende trenden med at en stadig større andel av inntekta hentes utenfor gårdsbruket og at flere har bosted utenfor gårdsbruket, kan føre til at flere elveeiere og andre bosatt på landbrukseiendommer heller vektlegger fritidsfunksjonen til fiskeretten og brukets ressurser, enn foretaksfunksjonen. I så fall, vil profitteffektiviteten synke, og færre fiskevald vil bli tilgjengelig for sportsfiskere i et åpent marked. Dette vil også ha uheldige konsekvenser for turismeutvikling. Politikkutformingen bør derfor oppmuntre en profesjonalisering av fisketurismenæringa ved å gjøre det lettere å eie eller leie fiskeretter. Dette kan gjøres ved å lovhjemle en minimumsperiode for utleie av fiskeretter. Tvungen organisering av elveeiere i elveeierlag, og innføring av en minimumsstørrelse for vald kan motvirke noen av de problemene en heterogen elveeiergruppe skaper for lakseforvaltning og utvikling av fisketurisme. Redusert fiskesesong og endringer i lakseoppgangen ble av elveeierne ansett å ha størst innvirkning på deres framtidige inntjening fra laksefisket. Tiltak for å styrke laksebestandene kan derfor være det viktigste tiltaket for å fremme lakseturismen, ettersom dette opprettholder laksefisket og samtidig reduserer elveeiernes investeringsrisiko. Elveeierne brukte en rekke strategier for å sikre husholdningens inntekter. Lakserelaterte strategier var minst viktig av disse, sannsynligvis fordi at nettoinntektene fra laksefisket utgjør en begrenset del av husholdningens inntekter med et gjennomsnitt på ca 30.000 kroner per elveeier. Samtidig blir nok også de faktorene som hadde størst innvirkning på inntjeningen ansett for å være utenfor den enkelte elveeiers kontroll. Å redusere problemene som oppdrettsnæringen forårsaker, samt stoppe spredningen av lakseparasitten Gyrodactylus, ble av elveeierne vurdert til å være de viktigste tiltakene for å styrke laksebestanden i sine vassdrag. Elveeierlagene kan gjøre lite med de ugunstige forholdene som laksen møter i havet. Derimot kan de maksimere den naturlige smoltproduksjon i elva for å motvirke disse effektene, og samtidig vise at de tar ansvar for laksebestandene. Forvaltning av laksens leveområder og regulering av elvefisket for å sikre nok gytere er viktige virkemidler som elveeierne rår over. Elveeierne ga høy prioritet til utsetting av lakseunger – et tiltak som forskere anser som skadelig eller i beste fall uten effekt, mens fang-og-slipp fiske var lavt prioritert. Denne forskjellen i syn på forvaltningstiltak viser et behov for kompetanseheving blant elveeierne, og for bedre kommunikasjon mellom forskere, offentlig forvaltning, elveeierlag og elveeiere om effektene av fiskeutsettinger og andre forvaltningstiltak. Mange elveeiere var negative til oppleia av kilenøter i Trondheimsfjorden, og dette kan skyldes at de syntes at de hadde fått for lite informasjon fra elveeierlaget. Å betale for forvaltning og vern av laksen er også nytt og uvant for elveeierne som historisk sett kan ha tatt laksen for gitt. Resultatene fra dette studiet kan også være nyttig for å forstå hvordan eiere av landbrukseiendommer ser på bruken av andre naturressurser, og hvilke følger dette får for ressursforvaltning, vern og næringsutvikling. ; Verdal Vekst ; The Trondheim Fjord Rivers
Nature based tourism is often considered as an important area for rural municipalities when traditional industries such as agriculture, forestry and manufacturing has been downgraded and rationalised because they are no longer profitable. The main objective of this PhD thesis has been to investigate the opportunities within the Norwegian holiday and leisure market for various nature based tourism products. Furthermore, it has been the goal of this study to identify professionally valid criteria for commercial segmentation of these markets. The thesis consist of four papers based on three quantitative surveys: (1) a national survey among a representative sample of the Norwegian population between 16 and 79 years (N = 1904), (2) a survey among members of the two largest outdoor organizations in Norway (DNT and NJFF) (N = 763), and (3) a survey of second-homeowners in a mountainous municipality in southern Norway, Ål municipality (N = 1128). The findings from the four studies deliver collectively a good insight into the Norwegian market for nature based tourism activity products. The typical buyers are young men with a high education and high income, who are a member of an outdoor organization and have access to a second-home. They are often motivated by a desire to learn something new or learn more about an activity that they are already performing. They are motivated by risktaking and being socialise. Furthermore, it is clear that life situation (age, family relationships, children) affects the type of products purchased. However, not everyone who chooses to purchase nature based tourism activity products has the same socio-demographic characteristics and they may have different motives for purchasing. The fact that nature based tourism activity products is a collective term for a range of products that only have a commonality because they are based on activities that are dependent on or are enhanced by nature, implies that this is a group of products that appeal to different segments of tourists with very different needs, desires and preferences. Therefore, it has been argued that there is a need for more precise segmentation techniques to identify the various tourists. The study shows that the members of outdoor recreation organization and secondhomeowners are two strategically important segments to target for nature based tourism businesses. Both these segments are very large in a Norwegian frame of reference, and it is therefore necessary to further divide these segments into more homogeneous groups. This can be done based on both the purchase motivation (Paper II) and household composition (Paper III). Based on the four purchase motivation factors identified: new activities, social, skill development and quality improvement, it was possible to identify five market segments: Want-it-all, Social, Try new activity, Performer and Unexplained. These five segments were different from each other not only with regard to motives for purchasing nature based tourism products, but also regarding their socio-demographic characteristics and travel behaviour. The composition of households affected which experience dimensions tourists sought when they purchased the nature based tourism products. Five household types were defined: Nuclear family, Single parent, Couples without children, Single and Adults live together. Four key experience dimensions were identified: Risk/challenge, Facilitation, Learning, and Family/children friendly. The risk/challenge dimension was most popular among households without children. Members of nuclear families emphasized to a lesser extent on the facilitation dimension than the other household types did. The learning dimension was most important to the single parents. Unsurprisingly, the family/children-friendly dimension was most important to members of the nuclear family. In Paper IV a combination of recreation experience preference (REP), motivation to have a second-home at a specific location and demographic variables was used to explain the variation in intention to purchase nature based tourism activity products. The study suggest that the second-home market can be segmented in a useful way on the basis of these variables. The results are useful for nature based tourism actors since they provide insight into some important market segments, and the differences in the preferences of unique market segments in the Norwegian domestic market. This is knowledge that companies can find useful in the development of products that are more suitable to the segments on which they focus. In the long-term, this could also be a part of increasing the profitability for this part of the tourist industry in that they may appear more attractive to the growing groups of customers. The findings will also be interesting to politicians and management authorities who wish to lay the groundwork for the development of rural areas into successful tourism destinations. The results from the study are also interesting from an academic standpoint because the findings from the study contribute new knowledge that may help to explain the emergence of nature based tourism in recent decades, and to a more nuanced understanding of the purchase motivations in nature-based tourism. ; Naturbasert turisme blir ofte ansett som et satsningsområde for rurale kommuner når tradisjonell næringsvirksomhet som jordbruk, skogbruk og industri blir lagt ned som en konsekvens av at de ikke lenger er lønnsomme. Hovedmålsettingen for denne doktorgradsavhandlingen har vært å kartlegge nærmere hvilket potensial det norske ferie- og fritidsmarkedet for ulike naturbaserte reiselivsprodukter har. Videre har det vært et mål å identifisere faglig holdbare kriterier for kommersiell segmentering av disse markedene. Avhandlingen består av fire artikler som er basert på tre kvantitative spørreundersøkelser: (1) en nasjonal undersøkelse blant et representativt utvalg av Norges befolkning mellom 16 og 79 år (N = 1904), (2) en undersøkelse blant medlemmene av de to største friluftslivsorganisasjonene i Norge (DNT og NJFF) (N = 763), og (3) en undersøkelse blant fritidsboligeiere i en fjellkommune i Sør-Norge, Ål kommune i Buskerud (N = 1128). Funnene fra de fire arbeidene gir samlet et godt innblikk i det norske markedet for aktivitetsbasert naturturisme produkter. Den typiske kjøperen er en ung mann med lang utdanning og høy inntekt, er medlem av en friluftsorganisasjon og har tilgang på en fritidsbolig. De er ofte motivert ut fra et ønske om å lære noe nytt eller lære mer om en aktivitet som de allerede driver med. De er risikovillige og de er også motivert ut i fra et ønske om å være sosiale. Videre er det tydelig at livssituasjonen (alder, familieforhold, barn) påvirker hvilke type produkter som kjøpes. Likevel er det ikke slik at alle som velger å kjøpe aktivitetsbasert naturturisme produkter har de samme sosiodemografiske egenskapene og de kan ha ulike beveggrunner for å kjøpe. Det faktum at aktivitetsbasert naturturisme produkter er en samlebenevnelse for et spekter av produkter, som kun har til felles at de tar utgangspunkt i aktiviteter som er avhengig av eller blir beriket av natur, medfører at dette er en gruppe produkter som appellerer til ulike segmenter med turister med svært ulike behov, ønsker og preferanser. Det har derfor blitt hevdet at det er behov for mer presise segmenteringsteknikker for å identifisere ulike turister som er interessert i å kjøpe denne typen reiselivsprodukter. Studien viser at medlemmene av friluftslivsorganisasjoner og eiere av fritidsbolig er to strategisk viktige satsingsområder for naturbaserte reiselivsbedrifter. Begge segmentene er svært store i en norsk sammenheng og det er derfor behov for å ytterligere dele disse segmentene inn i mer homogene grupper. Dette kan gjøres med utgangspunkt i både kjøpsmotiver (Artikkel II) og husholdingssammensetting (Artikkel III). Basert på de fire kjøpsmotiver som ble avdekket; ny aktivitet, sosial, ferdighetsutvikling og kvalitetssikring, var det mulig å identifisere fem markedssegmenter; Sosial, Vil ha alt, Prøve en ny aktivitet, Utøver og Uforklart. Disse fem segmentene skilte seg fra hverandre ikke bare med hensyn på motiver for å kjøpe naturbaserte reiselivsprodukter, men også med hensyn på sosiodemografiske egenskaper og reiseatferd. Sammensettingen på husholdingen påvirket hvilke opplevelsesdimensjoner turister søkte når de kjøpte naturbaserte reiselivsprodukter. Fem husholdingstyper ble definert: Kjernefamilien, Aleneforeldre, Par uten barn, Single og Voksne som bor sammen (eks. i kollektiv). Fire opplevelsesdimensjoner ble identifisert; Spenning, Tilrettelagt, Læring og Familie- og barnevennlig. Spenningsdimensjonen var mest populær blant husholdinger uten barn. Medlemmer av kjernefamilier vektla i mindre grad tilretteleggingsdimensjonen enn de andre husholdingstypene. Læringsdimensjonen var viktigst for aleneforeldrene. Ikke overraskende var familie- og barnevennligdimensjonen mest viktig for medlemmer av kjernefamilien. I artikkel IV ble en kombinasjon av rekerasjonspreferanser, stedsmotiver og demografiske variabler benyttet for å forklare variasjonene i intensjonen om å kjøpe naturbaserte aktivitetsprodukter. Studien tyder på at fritidsboligmarkedet kan segmenteres på en fruktbar måte med utgangspunkt i disse variablene. Resultatene er nyttige for naturbaserte reiselivsaktører siden den gir innsikt i noen viktige markedssegmenter, og til ulikhetene i preferansene til ulike markedssegmenter i det norske hjemmemarkedet. Dette er kunnskap som bedriftene kan ta med seg i utviklingen av produkter som er mer tilpasset de segmentene de satser på. På sikt vil dette også kunne være med på øke profitabiliteten til denne delen av reiselivsnæringen ved at de i større grad vil fremstå som attraktive for økende grupper av kunder. Funnene vil også være av interesse for politikere og forvaltingsmyndigheter som ønsker å legge til rette for å utvikle rurale områder til suksessfulle reiselivsdestinasjoner. Resultatene fra studien er også av interesse fra et akademisk ståsted i og med at funnene fra undersøkelsen bidrar med ny kunnskap som kan bidra til å forklare fremveksten av naturbasert turisme de siste tiårene, og til en mer nyansert forståelse av kjøpsmotiver i naturbasert turisme.
AMÉRICA LATINAFalleció el ex presidente argentino Néstor Kirchner.Para más información:http://www.nytimes.com/2010/10/28/world/americas/28argentina.html?_r=1&ref=world http://www.chinadaily.com.cn/world/2010-10/27/content_11467331.htm http://www.eluniversal.com.mx/notas/719324.html http://www.bbc.co.uk/news/world-latin-america-10627873 http://edition.cnn.com/2010/WORLD/americas/10/27/argentina.kirchner.dies/index.html?hpt=T2 http://www.eltiempo.com/mundo/latinoamerica/muri-el-ex-presidente-argentino-nstor-kirchner_8214081-4 http://www.lemonde.fr/ameriques/article/2010/10/27/nestor-kirchner-est-mort_1432037_3222.html http://www.lanacion.com.ar/nota.asp?nota_id=1319033 http://www.miamiherald.com/2010/10/27/1894171/former-argentine-president-nestor.html http://www.time.com/time/world/article/0,8599,2027800,00.htmlEl cólera se expande entre la población de Haití.Para más información:http://www.elpais.com/articulo/internacional/autoridades/creen/brote/colera/puede/estar/estabilizandose/Haiti/elpepuint/20101024elpepuint_1/Tes http://edition.cnn.com/2010/WORLD/americas/10/23/haiti.cholera/index.html http://www.msnbc.msn.com/id/39823732/ns/health/ http://www.eltiempo.com/mundo/europa/epidemia-de-clera-en-hait-an-no-ha-alcanzado-su-pico-segn-la-oms_8213700-4 http://www.miamiherald.com/2010/10/27/1894505/aid-meant-for-red-cross-in-haiti.htmlVenezuela, el país más corrupto de América Latina.Para más información:http://www.eltiempo.com/mundo/europa/ndice-de-percepcin-de-la-corrupcin_8204040-4Hugo Chávez toma control de plantas de firma estadounidense.Para más información:http://www.eltiempo.com/mundo/latinoamerica/chvez-llama-a-movilizacin-de-apoyo-a-expropiacin-firma-de-ee-uu_8212760-4 http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/41B9F5C4-E92A-4E3D-BD52-6AEE034B5B7D.htm?id={41B9F5C4-E92A-4E3D-BD52-6AEE034B5B7D}13 internos mueren acribillados en un centro de desintoxicación en Tijuana.Para más información:http://www.msnbc.msn.com/id/39828239/ns/world_news-americas/ http://www.elpais.com/articulo/internacional/internos/mueren/acribillados/centro/desintoxicacion/Tijuana/elpepuint/20101025elpepuint_4/Tes http://www.lanacion.com.ar/nota.asp?nota_id=1318562Se seca un afluente del Amazonas.Para más información:http://www.elpais.com/articulo/internacional/seca/afluente/Amazonas/elpepuint/20101025elpepuint_2/TesEn una ajustada victoria, la izquierdista Villarán se queda con la alcaldía de Lima.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/_portada/noticias/68B22954-A2BF-450B-9614-2FC9548050E3.htm?id={68B22954-A2BF-450B-9614-2FC9548050E3}Recta final de la campaña presidencial brasileña.Para más información:http://www.elpais.com/articulo/internacional/Serra/prepara/ultimo/asalto/elpepuint/20101024elpepiint_10/Tes http://www.msnbc.msn.com/id/39809473/ns/world_news-americas/ http://www.lanacion.com.ar/nota.asp?nota_id=1317498Congreso español instó a Venezuela a cooperar en lucha contra Eta.Para más información:http://www.eltiempo.com/mundo/europa/congreso-espaol-inst-a-venezuela-a-cooperar-en-lucha-contra-eta_8209502-4Se desvanece el huracán Richard.Para más información:http://www.msnbc.msn.com/id/39826998/ns/weather/Piñera condecoró como héroes a los 33 mineros.Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318546Por decimonoveno año consecutivo, la ONU condena el embargo contra Cuba.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/2186E090-C048-40D6-84AE-7BB6A965BDAC.htm?id={2186E090-C048-40D6-84AE-7BB6A965BDAC}Irán y Bolivia amplían alianza estratégica.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/6D820549-4140-4223-9837-5A2C3AC8E8C9.htm?id={6D820549-4140-4223-9837-5A2C3AC8E8C9}Censo nacional tuvo lugar en Argentina.Para más información: http://www.bbc.co.uk/news/world-latin-america-11634631ESTADOS UNIDOS / CANADÁElecciones federales, estatales y locales en los Estados Unidos.Para más información:http://www.elpais.com/articulo/internacional/Obama/cierra/campana/electoral/democrata/alertando/peligro/republicano/elpepuint/20101024elpepuint_2/Teshttp://www.lanacion.com.ar/nota.asp?nota_id=1318728 http://clesnes.blog.lemonde.fr/2010/10/26/obama-et-le-slurpee-des-republicains/ http://electionsamericaines.blog.lemonde.fr/2010/10/26/les-quatre-reines-du-tea-party/ http://www.nytimes.com/2010/10/27/us/politics/27money.html?_r=1&hpLos crímenes de Irak se revelan al mundo.Para más información:http://www.eltiempo.com/mundo/estados-unidos/wikileaks-divulga-nuevos-videos-sobre-supuestos-abusos-en_8208420-4 http://www.elpais.com/articulo/internacional/crimenes/Irak/revelan/mundo/elpepuint/20101024elpepiint_1/Tes http://edition.cnn.com/2010/US/10/22/wikileaks.iraq/index.html http://www.msnbc.msn.com/id/39810329/ns/world_news-the_new_york_times/ http://www.lanacion.com.ar/nota.asp?nota_id=1318265EUROPALa Unión Europea explorará vías de acercamiento a Cuba.Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318560 http://www.elpais.com/articulo/espana/UE/explorara/vias/acercamiento/Cuba/elpepuint/20101025elpepunac_3/Tes Osama bin Laden lanza advertencia contra Francia.Para más información:http://www.eltiempo.com/mundo/medio-oriente/osama-ben-laden-lanza-advertencia-contra-francia-en-mensaje-de-audio_8213900-4 http://www.eluniversal.com.mx/notas/719288.html http://www.bbc.co.uk/news/world-europe-11636408Para Gorbachov, Putin obstaculiza la democracia rusa.Para más información:http://www.nytimes.com/2010/10/27/world/europe/27russia.html?ref=worldLa Unión Europea abre sus brazos a Serbia.Para más información:http://www.elpais.com/articulo/internacional/UE/abre/brazos/Serbia/elpepuint/20101025elpepuint_7/TesAprueban en Francia la controvertida reforma de pensiones.Para más información:http://www.lemonde.fr/societe/article/2010/10/27/nouvelle-journee-d-action-jeudi-alors-que-la-loi-est-votee_1432127_3224.html#ens_id=1305816 http://www.nytimes.com/2010/10/27/world/europe/27france.html?ref=world http://www.eluniversal.com.mx/notas/719283.html http://www.bbc.co.uk/news/world-europe-11633178La protesta cuesta a Francia entre 200 y 400 millones de euros.Para más información:http://www.msnbc.msn.com/id/39834068/ns/world_news-europe/ http://www.lanacion.com.ar/nota.asp?nota_id=1318549 http://www.elpais.com/articulo/internacional/protesta/cuesta/Francia/200/400/millones/euros/elpepuint/20101025elpepuint_5/TesClegg pide una investigación sobre las revelaciones de Wikileaks.Para más información:http://www.elpais.com/articulo/internacional/Clegg/pide/investigacion/revelaciones/Wikileaks/elpepuint/20101024elpepuint_4/TesFrancia busca ofertas de energía nuclear en Libia.Para más información: http://www.chinadaily.com.cn/world/2010-10/22/content_11447748.htmFrancia expulsó a más de 8.000 rumanos en la primera quincena de octubre.Para más información:http://www.elpais.com/articulo/internacional/Francia/expulso/8000/rumanos/primera/quincena/octubre/elpepuint/20101025elpepuint_9/TesPolicía sueca captura asesino serial.Para más información:http://edition.cnn.com/2010/WORLD/europe/10/23/sweden.serial.shooter/index.htmlBajos niveles de aprobación a Sarkozy en Francia.Para más información:http://www.msnbc.msn.com/id/39821364/ns/world_news-europe/Un falso periodista traspasa barreras de seguridad de Merkel.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/45A90191-A8AB-4D88-999B-52A080FC9248.htm?id={45A90191-A8AB-4D88-999B-52A080FC9248 ASIA- PACÍFICO/ MEDIO ORIENTEEl Gobierno afgano recibe "bolsas de dinero" de Irán.Para más información:http://www.elpais.com/articulo/internacional/Gobierno/afgano/recibe/bolsas/dinero/Iran/elpepuint/20101025elpepuint_8/Tes http://edition.cnn.com/2010/WORLD/asiapcf/10/25/afghanistan.iran.money/index.html http://www.msnbc.msn.com/id/39827533/ns/world_news-south_and_central_asia/ http://www.lanacion.com.ar/nota.asp?nota_id=1318614 http://www.eltiempo.com/mundo/medio-oriente/el-juego-de-irn-en-la-crisis-afgana_8212340-4Desastres naturales azotan Indonesia.Para más información:http://www.lemonde.fr/asie-pacifique/portfolio/2010/10/27/seisme-tsunami-et-eruption-volcanique-frappent-l-indonesie_1431646_3216.html#ens_id=1431527 http://www.nytimes.com/2010/10/28/world/asia/28indo.html?ref=world http://www.eltiempo.com/mundo/asia/tsunami-tras-el-terremoto-de-75-grados-en-indonesia_8196960-4 http://www.msnbc.msn.com/id/39826538/ns/world_news/ http://www.msnbc.msn.com/id/39831929/ns/world_news-asiapacific/ http://www.time.com/time/world/article/0,8599,2027758,00.html http://www.eluniversal.com.mx/notas/719300.html http://www.bbc.co.uk/news/world-asia-pacific-11634150 http://www.chinadaily.com.cn/world/2010-10/27/content_11461633.htmIrán comienza a cargar combustible para poner en funcionamiento reactor nuclear.Para más información:http://www.latimes.com/news/nationworld/world/middleeast/la-fg-iran-nuclear-20101027,0,1194581.story http://www.nytimes.com/2010/10/27/world/middleeast/27nuke.html?ref=world12 muertos por ataque en Pakistán.Para más información:http://edition.cnn.com/2010/WORLD/asiapcf/10/23/pakistan.violence/index.html http://www.mundologistico.net/s-asociaciones.htmlIrán restringirá la enseñanza de ciencias sociales por ser consideradas "occidentales".Para más información:http://www.msnbc.msn.com/id/39820011/ns/world_news-mideastn_africa/Los chiíes revalidan su peso político en el reino de Bahrein.Para más información:http://www.elpais.com/articulo/internacional/chiies/revalidan/peso/politico/reino/Bahrein/elpepuint/20101025elpepiint_8/TesProtestas en China contra el control de Japón de islas en disputa.Para más información:http://www.msnbc.msn.com/id/39826813/ns/world_news-asiapacific/ http://edition.cnn.com/2010/WORLD/asiapcf/10/25/japan.china.islands.dispute/index.htmlEl alza del yen acelera cambios en Japón.Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318538"New York Times" analiza los recientes diálogos entre las Coreas.Para más información:http://www.nytimes.com/2010/10/28/world/asia/28korea.html?ref=worldIrán: en espera de una reforma económica.Para más información:http://www.time.com/time/world/article/0,8599,2027393,00.htmlAl Qaeda presente en la frontera de Arabia Saudita con Yemen.Para más información:http://www.nytimes.com/2010/10/27/world/middleeast/27saudi.html?ref=worldSe estima que Al Qaeda posee 400 militantes en Yemen.Para más información:http://www.msnbc.msn.com/id/39819857/ns/world_news-mideastn_africa/Principal figura del gobierno iraquí de Saddam Hussein es condenado a la horca.Para más información:http://www.nytimes.com/2010/10/27/world/middleeast/27iraq.html?ref=world http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/33062911-B9C0-441B-8F0D-9C7B66F19900.htm?id={33062911-B9C0-441B-8F0D-9C7B66F19900}http://www.eltiempo.com/mundo/medio-oriente/condenado-a-muerte-tarek-aziz-viceprimer-ministro-de-saddam-hussein_8203960-4 http://www.chinadaily.com.cn/world/2010-10/26/content_11461028.htm http://www.latimes.com/news/nationworld/world/la-fg-iraq-aziz-execute-20101027,0,4941766.storyDos semanas de inundaciones en Tailandia dejan como resultado 57 personas muertas.Para más información:http://www.chinadaily.com.cn/world/2010-10/27/content_11466185.htmÁFRICAEstampida en juego de fútbol mata a 7 personas en Kenia.Para más información:http://edition.cnn.com/2010/WORLD/africa/10/24/kenya.soccer.deaths/index.htmlNuevos obstáculos a enfrentar por gobierno de Sudán.Para más información:http://edition.cnn.com/2010/WORLD/africa/10/23/sudan.referendum/index.htmlPiratas somalíes capturan 2 barcos.Para más información:http://www.msnbc.msn.com/id/39819344/ns/world_news-africa/ http://www.chinadaily.com.cn/world/2010-10/25/content_11451293.htmOTRAS NOTICIASThe Economist presenta su informe semanal: "Business this week".Para más información: http://www.economist.com/node/16648201?story_id=16648201 CNN publica la sección: "Impact your world".Para más información:http://edition.cnn.com/SPECIALS/impact.your.world/"La Nación" analiza: "Los acuerdos en el G-20".Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318389
AMÉRICA LATINAFalleció el ex presidente argentino Néstor Kirchner.Para más información:http://www.nytimes.com/2010/10/28/world/americas/28argentina.html?_r=1&ref=world http://www.chinadaily.com.cn/world/2010-10/27/content_11467331.htm http://www.eluniversal.com.mx/notas/719324.html http://www.bbc.co.uk/news/world-latin-america-10627873 http://edition.cnn.com/2010/WORLD/americas/10/27/argentina.kirchner.dies/index.html?hpt=T2 http://www.eltiempo.com/mundo/latinoamerica/muri-el-ex-presidente-argentino-nstor-kirchner_8214081-4 http://www.lemonde.fr/ameriques/article/2010/10/27/nestor-kirchner-est-mort_1432037_3222.html http://www.lanacion.com.ar/nota.asp?nota_id=1319033 http://www.miamiherald.com/2010/10/27/1894171/former-argentine-president-nestor.html http://www.time.com/time/world/article/0,8599,2027800,00.htmlEl cólera se expande entre la población de Haití.Para más información:http://www.elpais.com/articulo/internacional/autoridades/creen/brote/colera/puede/estar/estabilizandose/Haiti/elpepuint/20101024elpepuint_1/Tes http://edition.cnn.com/2010/WORLD/americas/10/23/haiti.cholera/index.html http://www.msnbc.msn.com/id/39823732/ns/health/ http://www.eltiempo.com/mundo/europa/epidemia-de-clera-en-hait-an-no-ha-alcanzado-su-pico-segn-la-oms_8213700-4 http://www.miamiherald.com/2010/10/27/1894505/aid-meant-for-red-cross-in-haiti.htmlVenezuela, el país más corrupto de América Latina.Para más información:http://www.eltiempo.com/mundo/europa/ndice-de-percepcin-de-la-corrupcin_8204040-4Hugo Chávez toma control de plantas de firma estadounidense.Para más información:http://www.eltiempo.com/mundo/latinoamerica/chvez-llama-a-movilizacin-de-apoyo-a-expropiacin-firma-de-ee-uu_8212760-4 http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/41B9F5C4-E92A-4E3D-BD52-6AEE034B5B7D.htm?id={41B9F5C4-E92A-4E3D-BD52-6AEE034B5B7D}13 internos mueren acribillados en un centro de desintoxicación en Tijuana.Para más información:http://www.msnbc.msn.com/id/39828239/ns/world_news-americas/ http://www.elpais.com/articulo/internacional/internos/mueren/acribillados/centro/desintoxicacion/Tijuana/elpepuint/20101025elpepuint_4/Tes http://www.lanacion.com.ar/nota.asp?nota_id=1318562Se seca un afluente del Amazonas.Para más información:http://www.elpais.com/articulo/internacional/seca/afluente/Amazonas/elpepuint/20101025elpepuint_2/TesEn una ajustada victoria, la izquierdista Villarán se queda con la alcaldía de Lima.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/_portada/noticias/68B22954-A2BF-450B-9614-2FC9548050E3.htm?id={68B22954-A2BF-450B-9614-2FC9548050E3}Recta final de la campaña presidencial brasileña.Para más información:http://www.elpais.com/articulo/internacional/Serra/prepara/ultimo/asalto/elpepuint/20101024elpepiint_10/Tes http://www.msnbc.msn.com/id/39809473/ns/world_news-americas/ http://www.lanacion.com.ar/nota.asp?nota_id=1317498Congreso español instó a Venezuela a cooperar en lucha contra Eta.Para más información:http://www.eltiempo.com/mundo/europa/congreso-espaol-inst-a-venezuela-a-cooperar-en-lucha-contra-eta_8209502-4Se desvanece el huracán Richard.Para más información:http://www.msnbc.msn.com/id/39826998/ns/weather/Piñera condecoró como héroes a los 33 mineros.Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318546Por decimonoveno año consecutivo, la ONU condena el embargo contra Cuba.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/2186E090-C048-40D6-84AE-7BB6A965BDAC.htm?id={2186E090-C048-40D6-84AE-7BB6A965BDAC}Irán y Bolivia amplían alianza estratégica.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/6D820549-4140-4223-9837-5A2C3AC8E8C9.htm?id={6D820549-4140-4223-9837-5A2C3AC8E8C9}Censo nacional tuvo lugar en Argentina.Para más información: http://www.bbc.co.uk/news/world-latin-america-11634631ESTADOS UNIDOS / CANADÁElecciones federales, estatales y locales en los Estados Unidos.Para más información:http://www.elpais.com/articulo/internacional/Obama/cierra/campana/electoral/democrata/alertando/peligro/republicano/elpepuint/20101024elpepuint_2/Teshttp://www.lanacion.com.ar/nota.asp?nota_id=1318728 http://clesnes.blog.lemonde.fr/2010/10/26/obama-et-le-slurpee-des-republicains/ http://electionsamericaines.blog.lemonde.fr/2010/10/26/les-quatre-reines-du-tea-party/ http://www.nytimes.com/2010/10/27/us/politics/27money.html?_r=1&hpLos crímenes de Irak se revelan al mundo.Para más información:http://www.eltiempo.com/mundo/estados-unidos/wikileaks-divulga-nuevos-videos-sobre-supuestos-abusos-en_8208420-4 http://www.elpais.com/articulo/internacional/crimenes/Irak/revelan/mundo/elpepuint/20101024elpepiint_1/Tes http://edition.cnn.com/2010/US/10/22/wikileaks.iraq/index.html http://www.msnbc.msn.com/id/39810329/ns/world_news-the_new_york_times/ http://www.lanacion.com.ar/nota.asp?nota_id=1318265EUROPALa Unión Europea explorará vías de acercamiento a Cuba.Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318560 http://www.elpais.com/articulo/espana/UE/explorara/vias/acercamiento/Cuba/elpepuint/20101025elpepunac_3/Tes Osama bin Laden lanza advertencia contra Francia.Para más información:http://www.eltiempo.com/mundo/medio-oriente/osama-ben-laden-lanza-advertencia-contra-francia-en-mensaje-de-audio_8213900-4 http://www.eluniversal.com.mx/notas/719288.html http://www.bbc.co.uk/news/world-europe-11636408Para Gorbachov, Putin obstaculiza la democracia rusa.Para más información:http://www.nytimes.com/2010/10/27/world/europe/27russia.html?ref=worldLa Unión Europea abre sus brazos a Serbia.Para más información:http://www.elpais.com/articulo/internacional/UE/abre/brazos/Serbia/elpepuint/20101025elpepuint_7/TesAprueban en Francia la controvertida reforma de pensiones.Para más información:http://www.lemonde.fr/societe/article/2010/10/27/nouvelle-journee-d-action-jeudi-alors-que-la-loi-est-votee_1432127_3224.html#ens_id=1305816 http://www.nytimes.com/2010/10/27/world/europe/27france.html?ref=world http://www.eluniversal.com.mx/notas/719283.html http://www.bbc.co.uk/news/world-europe-11633178La protesta cuesta a Francia entre 200 y 400 millones de euros.Para más información:http://www.msnbc.msn.com/id/39834068/ns/world_news-europe/ http://www.lanacion.com.ar/nota.asp?nota_id=1318549 http://www.elpais.com/articulo/internacional/protesta/cuesta/Francia/200/400/millones/euros/elpepuint/20101025elpepuint_5/TesClegg pide una investigación sobre las revelaciones de Wikileaks.Para más información:http://www.elpais.com/articulo/internacional/Clegg/pide/investigacion/revelaciones/Wikileaks/elpepuint/20101024elpepuint_4/TesFrancia busca ofertas de energía nuclear en Libia.Para más información: http://www.chinadaily.com.cn/world/2010-10/22/content_11447748.htmFrancia expulsó a más de 8.000 rumanos en la primera quincena de octubre.Para más información:http://www.elpais.com/articulo/internacional/Francia/expulso/8000/rumanos/primera/quincena/octubre/elpepuint/20101025elpepuint_9/TesPolicía sueca captura asesino serial.Para más información:http://edition.cnn.com/2010/WORLD/europe/10/23/sweden.serial.shooter/index.htmlBajos niveles de aprobación a Sarkozy en Francia.Para más información:http://www.msnbc.msn.com/id/39821364/ns/world_news-europe/Un falso periodista traspasa barreras de seguridad de Merkel.Para más información:http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/45A90191-A8AB-4D88-999B-52A080FC9248.htm?id={45A90191-A8AB-4D88-999B-52A080FC9248 ASIA- PACÍFICO/ MEDIO ORIENTEEl Gobierno afgano recibe "bolsas de dinero" de Irán.Para más información:http://www.elpais.com/articulo/internacional/Gobierno/afgano/recibe/bolsas/dinero/Iran/elpepuint/20101025elpepuint_8/Tes http://edition.cnn.com/2010/WORLD/asiapcf/10/25/afghanistan.iran.money/index.html http://www.msnbc.msn.com/id/39827533/ns/world_news-south_and_central_asia/ http://www.lanacion.com.ar/nota.asp?nota_id=1318614 http://www.eltiempo.com/mundo/medio-oriente/el-juego-de-irn-en-la-crisis-afgana_8212340-4Desastres naturales azotan Indonesia.Para más información:http://www.lemonde.fr/asie-pacifique/portfolio/2010/10/27/seisme-tsunami-et-eruption-volcanique-frappent-l-indonesie_1431646_3216.html#ens_id=1431527 http://www.nytimes.com/2010/10/28/world/asia/28indo.html?ref=world http://www.eltiempo.com/mundo/asia/tsunami-tras-el-terremoto-de-75-grados-en-indonesia_8196960-4 http://www.msnbc.msn.com/id/39826538/ns/world_news/ http://www.msnbc.msn.com/id/39831929/ns/world_news-asiapacific/ http://www.time.com/time/world/article/0,8599,2027758,00.html http://www.eluniversal.com.mx/notas/719300.html http://www.bbc.co.uk/news/world-asia-pacific-11634150 http://www.chinadaily.com.cn/world/2010-10/27/content_11461633.htmIrán comienza a cargar combustible para poner en funcionamiento reactor nuclear.Para más información:http://www.latimes.com/news/nationworld/world/middleeast/la-fg-iran-nuclear-20101027,0,1194581.story http://www.nytimes.com/2010/10/27/world/middleeast/27nuke.html?ref=world12 muertos por ataque en Pakistán.Para más información:http://edition.cnn.com/2010/WORLD/asiapcf/10/23/pakistan.violence/index.html http://www.mundologistico.net/s-asociaciones.htmlIrán restringirá la enseñanza de ciencias sociales por ser consideradas "occidentales".Para más información:http://www.msnbc.msn.com/id/39820011/ns/world_news-mideastn_africa/Los chiíes revalidan su peso político en el reino de Bahrein.Para más información:http://www.elpais.com/articulo/internacional/chiies/revalidan/peso/politico/reino/Bahrein/elpepuint/20101025elpepiint_8/TesProtestas en China contra el control de Japón de islas en disputa.Para más información:http://www.msnbc.msn.com/id/39826813/ns/world_news-asiapacific/ http://edition.cnn.com/2010/WORLD/asiapcf/10/25/japan.china.islands.dispute/index.htmlEl alza del yen acelera cambios en Japón.Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318538"New York Times" analiza los recientes diálogos entre las Coreas.Para más información:http://www.nytimes.com/2010/10/28/world/asia/28korea.html?ref=worldIrán: en espera de una reforma económica.Para más información:http://www.time.com/time/world/article/0,8599,2027393,00.htmlAl Qaeda presente en la frontera de Arabia Saudita con Yemen.Para más información:http://www.nytimes.com/2010/10/27/world/middleeast/27saudi.html?ref=worldSe estima que Al Qaeda posee 400 militantes en Yemen.Para más información:http://www.msnbc.msn.com/id/39819857/ns/world_news-mideastn_africa/Principal figura del gobierno iraquí de Saddam Hussein es condenado a la horca.Para más información:http://www.nytimes.com/2010/10/27/world/middleeast/27iraq.html?ref=world http://diario.elmercurio.com/2010/10/27/internacional/internacional/noticias/33062911-B9C0-441B-8F0D-9C7B66F19900.htm?id={33062911-B9C0-441B-8F0D-9C7B66F19900}http://www.eltiempo.com/mundo/medio-oriente/condenado-a-muerte-tarek-aziz-viceprimer-ministro-de-saddam-hussein_8203960-4 http://www.chinadaily.com.cn/world/2010-10/26/content_11461028.htm http://www.latimes.com/news/nationworld/world/la-fg-iraq-aziz-execute-20101027,0,4941766.storyDos semanas de inundaciones en Tailandia dejan como resultado 57 personas muertas.Para más información:http://www.chinadaily.com.cn/world/2010-10/27/content_11466185.htmÁFRICAEstampida en juego de fútbol mata a 7 personas en Kenia.Para más información:http://edition.cnn.com/2010/WORLD/africa/10/24/kenya.soccer.deaths/index.htmlNuevos obstáculos a enfrentar por gobierno de Sudán.Para más información:http://edition.cnn.com/2010/WORLD/africa/10/23/sudan.referendum/index.htmlPiratas somalíes capturan 2 barcos.Para más información:http://www.msnbc.msn.com/id/39819344/ns/world_news-africa/ http://www.chinadaily.com.cn/world/2010-10/25/content_11451293.htmOTRAS NOTICIASThe Economist presenta su informe semanal: "Business this week".Para más información: http://www.economist.com/node/16648201?story_id=16648201 CNN publica la sección: "Impact your world".Para más información:http://edition.cnn.com/SPECIALS/impact.your.world/"La Nación" analiza: "Los acuerdos en el G-20".Para más información:http://www.lanacion.com.ar/nota.asp?nota_id=1318389
Research problem It has been four decades since conclusion of the Vienna Convention on the law of treaties. The Convention included a provision that a treaty shall be inter-preted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. The customary status of this rule has been accepted by the International Court of Justice. Disregarding that, some question whether the rules, as opposed to principles, of interpretation are possible (i.e. would that not be better not to reduce them to writing). The International Law Commission itself has com-mented on this. On the other hand, the differences concerning interpretation of treaties were apparent already at the time the treaty was drafted. When the Convention was finally adopted, a few scholars representing the so-called New Haven approach opined that they expected the Convention to fail due to its "insistent emphasis upon an impossible, comformity-imposing textuality". In their view, conclusion of an international agreement was a continuous process of cooperation and collaboration of the parties, which required a much more detailed focus on the intentions of the parties than the Vienna Convention rule of interpretation envisaged. They called for interpretation which would search for genuine shared expectations, together with the complementary appeals for 'supplementing' and 'policing' communications in accordance with overriding community goals. Disregarding these hallmarks, they accepted that the text should remain an important index of party expectations, which they identify as one of the goals of interpretation. In their view, attention to the carefully worked out arrangements of the parties encourages the clarity of expectation, especially when sources of equal credibility give contradictory results concern-ing their expectations. Although the New Haven approach to interpretation of treaties was not included in the Vienna Convention on the Law of Treaties, a form of their reflection could be identified in national law, especially that of continental legal systems. It is agreed that the major difference between common law and conti-nental practice lies in the rules of interpretation: common law is based on a presumption of law, into which statutes are interwoven, hence the practice of drafting statutes in the fullest detail, and the broad assumptions that a statute deals only with those cases which fall within its actual wording. Continental theory, on the other hand, treats statutes as a basis of the law, but these tend to be drafted in a very general and abstract way, leaving it up to the courts to fill in the details by reference to a presumed legislative intention. However, this key difference seems to dissipate, as the common law tends to move away from the purely literal towards the purposive construction of statutory provi-sions, i.e. a new, 'revamped' version of literal rule has developed, which required the general context and purpose to be taken into consideration before any decision is reached concerning the ordinary meaning of statutory words. The continental practice remains consistent on its emphasis on the legislative intention. In the law of contracts this rule turns into a global one: both Lando and UNIDROIT principles of international commercial contracts include a rule of interpretation requiring to determine the common intentions of the parties. This approach finds reflection also in the Civil Code of the Republic of Lithuania, which was drafted on the basis of the UNIDROIT Principles. The International Law Commission returned to the topic of interpreta-tion of treaties thirty years later, in 2000, when it decided to consider the issue of fragmentation of international law and the potential problems it might give rise to. With this purpose in mind in its report on the topic of 2006 the study group has identified four general principles of interpretation of international rules: first, international law should be considered as a legal system, not as a random collection of international rules; second, in applying international law, it is necessary to determine the precise relationship between two or more rules and principles that are both valid and applicable in respect of the whole situa-tion (i.e. to identify whether their relationship is a one of interpretation or con-flict); thirdly, the norms should be interpreted in accordance with the Vienna Convention on the law of treaties, and fourthly, when several norms bear on a single issue, they should be interpreted so as to give rise to a set of compatible obligations. Explaining the latter principle, the Commission, similarly to the New Haven group approach, emphasized the need to take into consideration the community values, i.e. ius cogens and erga omnes, even though continues to recommend to follow the Vienna Convention approach on the ordinary meaning of the terms. Forty years later, it is already possible to consider, whether the New Haven group was correct criticising the Vienna Convention rule of interpreta-tion for its excessive emphasis on text, and how significant is the practical difference between the rule requiring to determine the common intentions of the parties as opposed to the rule, which requires to interpret a treaty in accor-dance with the ordinary meaning of its terms. Also, what is the practical im-pact of these differences on protection of the rights of persons. In order to answer this research question, the focus of the dissertation is on the foreign investment law in the energy sector. The topic is suitable and convenient to consider the impact of the rules of interpretation and the problems posed by fragmentation of international law. Its sources include in-ternational, national, and for the EU countries also EU law, even though the nature of the relationship between EU law and international investment law remains a disputable issue. The energy sector has been chosen in order to evaluate more precisely the impact of the rules of interpretation and fragmenta-tion of international law on the content of the rights of persons and their appli-cation. Research sources The Dissertation analyzes multilateral and bilateral investment trea-ties which are significant for the the protection of investment in the energy sector and the decisions of international investment arbitral tribunals. The ma-jor sources of international investment law are international treaties. The most significant documents for the energy sector currently are the Energy Charter treaty, the ICSID Convention, and the bilateral investment treaties, although national law remains also important for enforcement of arbitral awards and interpretation of state contracts. State contracts also remain significant, be-cause as a rule they include arbitration clauses and stabilization clauses. The latter are particularly common in the energy sector due to its specificity – on the one hand, energy is a heavily politicized sector due to its significance for the development of the economy of a state and both its economic and political stability. Therefore it has a status of a strategic sector, even an issue of national security. This could be observed ever since the beginning of the twentieth century. On the other hand, energy is an infrastructure sector, which requires high investments for development. Not all states are capable to develop this sector by their own financial means, and choose to attract foreign investment. As a result, investment contracts (state contracts) are concluded; they have a status of international commercial contracts, and their parties are free to choose both the applicable law and the means of dispute settlement. The en-ergy contracts as a rule include stabilization clauses, which seek to maintain stable business legal and financial environment for the duration of the contract. Finally, European Union law may also be accepted as a source for in-vestment protection, despite its generalized purposes, which are to achieve the strengthening and convergence of their economies and to establish a monetary and economic union, to implement a common foreign and security policy, including the progressive framing of the common defence policy, and to estab-lish the area of freedom, security and justice. EU law and foreign investment law are still largely conceived as independent and hardly interlinked. However, as integration between the EU member states becomes closer, EU legislation makes an increasing impact also on the specific sectors of the economy, in-cluding the energy sector. Research object The research object of this dissertation are the problems of interpreta-tion and application of law which arise in the resolution of disputes concerning protection of investments in the energy sector between the host states and for-eign investors. They may be grouped into three groups on the basis of the ap-plicable law: 1. The problems of interpretation of international agreements. Both BITs and MITs apply only with respect to investment. ICSID arbitral tribunals can hear only disputes arising directly out of an investment. Disregarding the key role the notion has on the exercise of rights, its meaning remains unclear. The most recent arbitral practice is completely inconsistent on this issue. No less problems are posed by the umbrella clauses, which are included in a large number of BITs and the Energy Charter Treaty, and which requires states to observe obligations they have entered into with an investor. These provisions have been included even in the BITs of 1970s, but in practice they have emerged only recently. The arbitral tribunals differ on whether this provision should be read literaly, or whether its meaning should be restricted. 2. The problems of interpretation of arbitration clauses and invest-ment contracts. This group includes the problems concerning arbitrab
Research problem It has been four decades since conclusion of the Vienna Convention on the law of treaties. The Convention included a provision that a treaty shall be inter-preted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. The customary status of this rule has been accepted by the International Court of Justice. Disregarding that, some question whether the rules, as opposed to principles, of interpretation are possible (i.e. would that not be better not to reduce them to writing). The International Law Commission itself has com-mented on this. On the other hand, the differences concerning interpretation of treaties were apparent already at the time the treaty was drafted. When the Convention was finally adopted, a few scholars representing the so-called New Haven approach opined that they expected the Convention to fail due to its "insistent emphasis upon an impossible, comformity-imposing textuality". In their view, conclusion of an international agreement was a continuous process of cooperation and collaboration of the parties, which required a much more detailed focus on the intentions of the parties than the Vienna Convention rule of interpretation envisaged. They called for interpretation which would search for genuine shared expectations, together with the complementary appeals for 'supplementing' and 'policing' communications in accordance with overriding community goals. Disregarding these hallmarks, they accepted that the text should remain an important index of party expectations, which they identify as one of the goals of interpretation. In their view, attention to the carefully worked out arrangements of the parties encourages the clarity of expectation, especially when sources of equal credibility give contradictory results concern-ing their expectations. Although the New Haven approach to interpretation of treaties was not included in the Vienna Convention on the Law of Treaties, a form of their reflection could be identified in national law, especially that of continental legal systems. It is agreed that the major difference between common law and conti-nental practice lies in the rules of interpretation: common law is based on a presumption of law, into which statutes are interwoven, hence the practice of drafting statutes in the fullest detail, and the broad assumptions that a statute deals only with those cases which fall within its actual wording. Continental theory, on the other hand, treats statutes as a basis of the law, but these tend to be drafted in a very general and abstract way, leaving it up to the courts to fill in the details by reference to a presumed legislative intention. However, this key difference seems to dissipate, as the common law tends to move away from the purely literal towards the purposive construction of statutory provi-sions, i.e. a new, 'revamped' version of literal rule has developed, which required the general context and purpose to be taken into consideration before any decision is reached concerning the ordinary meaning of statutory words. The continental practice remains consistent on its emphasis on the legislative intention. In the law of contracts this rule turns into a global one: both Lando and UNIDROIT principles of international commercial contracts include a rule of interpretation requiring to determine the common intentions of the parties. This approach finds reflection also in the Civil Code of the Republic of Lithuania, which was drafted on the basis of the UNIDROIT Principles. The International Law Commission returned to the topic of interpreta-tion of treaties thirty years later, in 2000, when it decided to consider the issue of fragmentation of international law and the potential problems it might give rise to. With this purpose in mind in its report on the topic of 2006 the study group has identified four general principles of interpretation of international rules: first, international law should be considered as a legal system, not as a random collection of international rules; second, in applying international law, it is necessary to determine the precise relationship between two or more rules and principles that are both valid and applicable in respect of the whole situa-tion (i.e. to identify whether their relationship is a one of interpretation or con-flict); thirdly, the norms should be interpreted in accordance with the Vienna Convention on the law of treaties, and fourthly, when several norms bear on a single issue, they should be interpreted so as to give rise to a set of compatible obligations. Explaining the latter principle, the Commission, similarly to the New Haven group approach, emphasized the need to take into consideration the community values, i.e. ius cogens and erga omnes, even though continues to recommend to follow the Vienna Convention approach on the ordinary meaning of the terms. Forty years later, it is already possible to consider, whether the New Haven group was correct criticising the Vienna Convention rule of interpreta-tion for its excessive emphasis on text, and how significant is the practical difference between the rule requiring to determine the common intentions of the parties as opposed to the rule, which requires to interpret a treaty in accor-dance with the ordinary meaning of its terms. Also, what is the practical im-pact of these differences on protection of the rights of persons. In order to answer this research question, the focus of the dissertation is on the foreign investment law in the energy sector. The topic is suitable and convenient to consider the impact of the rules of interpretation and the problems posed by fragmentation of international law. Its sources include in-ternational, national, and for the EU countries also EU law, even though the nature of the relationship between EU law and international investment law remains a disputable issue. The energy sector has been chosen in order to evaluate more precisely the impact of the rules of interpretation and fragmenta-tion of international law on the content of the rights of persons and their appli-cation. Research sources The Dissertation analyzes multilateral and bilateral investment trea-ties which are significant for the the protection of investment in the energy sector and the decisions of international investment arbitral tribunals. The ma-jor sources of international investment law are international treaties. The most significant documents for the energy sector currently are the Energy Charter treaty, the ICSID Convention, and the bilateral investment treaties, although national law remains also important for enforcement of arbitral awards and interpretation of state contracts. State contracts also remain significant, be-cause as a rule they include arbitration clauses and stabilization clauses. The latter are particularly common in the energy sector due to its specificity – on the one hand, energy is a heavily politicized sector due to its significance for the development of the economy of a state and both its economic and political stability. Therefore it has a status of a strategic sector, even an issue of national security. This could be observed ever since the beginning of the twentieth century. On the other hand, energy is an infrastructure sector, which requires high investments for development. Not all states are capable to develop this sector by their own financial means, and choose to attract foreign investment. As a result, investment contracts (state contracts) are concluded; they have a status of international commercial contracts, and their parties are free to choose both the applicable law and the means of dispute settlement. The en-ergy contracts as a rule include stabilization clauses, which seek to maintain stable business legal and financial environment for the duration of the contract. Finally, European Union law may also be accepted as a source for in-vestment protection, despite its generalized purposes, which are to achieve the strengthening and convergence of their economies and to establish a monetary and economic union, to implement a common foreign and security policy, including the progressive framing of the common defence policy, and to estab-lish the area of freedom, security and justice. EU law and foreign investment law are still largely conceived as independent and hardly interlinked. However, as integration between the EU member states becomes closer, EU legislation makes an increasing impact also on the specific sectors of the economy, in-cluding the energy sector. Research object The research object of this dissertation are the problems of interpreta-tion and application of law which arise in the resolution of disputes concerning protection of investments in the energy sector between the host states and for-eign investors. They may be grouped into three groups on the basis of the ap-plicable law: 1. The problems of interpretation of international agreements. Both BITs and MITs apply only with respect to investment. ICSID arbitral tribunals can hear only disputes arising directly out of an investment. Disregarding the key role the notion has on the exercise of rights, its meaning remains unclear. The most recent arbitral practice is completely inconsistent on this issue. No less problems are posed by the umbrella clauses, which are included in a large number of BITs and the Energy Charter Treaty, and which requires states to observe obligations they have entered into with an investor. These provisions have been included even in the BITs of 1970s, but in practice they have emerged only recently. The arbitral tribunals differ on whether this provision should be read literaly, or whether its meaning should be restricted. 2. The problems of interpretation of arbitration clauses and invest-ment contracts. This group includes the problems concerning arbitrab
El partido socialista, del presidente del gobierno español José Luis Rodríguez Zapatero, proclamó su victoria en las elecciones generales del pasado domingo. Con el 73% de los votos escrutados, Rodríguez Zapatero obtenía el 44.3% de los votos, mientras que el Partido Popular recibía en 39.7%, de acuerdo con el ministerio del Interior. Sobre este hecho y sus consecuencias, diferentes publicaciones nos informan: "El País" de Madrid en su sitio web publica gráficos de los resultados electorales:http://www.elpais.com/graficos/espana/Resultados/elecciones/generales/2008/elpgra/20080309elpepunac_2/Ges/"El País" de Madrid publica: "Zapatero: "Hay que gobernar mejor"":http://www.elpais.com/articulo/espana/Zapatero/Hay/gobernar/mejor/elpepuesp/20080310elpepunac_15/Tes"El País" de Madrid informa: "El Partido Popular no es un partido de fulanismo":http://www.elpais.com/articulo/espana/Acebes/Partido/Popular/partido/fulanismo/elpepuesp/20080310elpepunac_17/TesEl "New York Times" publica: "Socialists Re-elected in Spain, After a Bitter Campaign":http://www.nytimes.com/2008/03/10/world/europe/10spain.html?ref=world"El Universal" de México aborda el suceso:http://www.eluniversal.com.mx/notas/488635.html"El Universal" de México analiza las importantes consecuencias de las elecciones: "Victoria en País Vasco y Cataluña, de altísimo valor político: Zapatero":http://www.eluniversal.com.mx/notas/488785.html"El Universal" continua informando sobre las elecciones españolas: "Rajoy felicita a Zapatero; destaca aumento de escaños del PP":http://www.eluniversal.com.mx/notas/488632.html"Los Angeles Times" publica: "Spanish voters back Socialists":http://www.latimes.com/news/nationworld/world/la-fg-spain10mar10,1,4970722.story?ctrack=1&cset=true"El Mercurio" de Chile analiza el futuro de Mariano Rajoy tras la derrota electoral:http://diario.elmercurio.com/2008/03/11/internacional/_portada/noticias/B45288E5-7C26-4388-A632-641083783EE6.htm?id={B45288E5-7C26-4388-A632-641083783EE6}"The Economist" informa: "Back for more The Socialist Party wins another term":http://www.economist.com/world/europe/displaystory.cfm?story_id=10833787"La Nación" publica: "Zapatero gana, Rajoy avanza":http://www.lanacion.com.ar/edicionimpresa/exterior/nota.asp?nota_id=994510 AMERICA LATINAEl conflicto desatado luego de la operación militar que culminó con la muerte del líder de las FARC, Raúl Reyes, en territorio ecuatoriano se resolvió en la Cumbre del Grupo de Río en Santo Domingo, al pedir disculpas el presidente de Colombia, Alvaro Uribe, y asegurar que nunca se producirá un ataque semejante fuera de su país."El País" de Madrid informa sobre el fin de la crisis con Colombia.- La Cumbre de Río escenifica la reconciliación.- Los mandatarios se comprometen a iniciar un diálogo amistoso para dar una solución política: "América Latina puede dormir tranquila":http://www.elpais.com/articulo/internacional/America/Latina/puede/dormir/tranquila/elpepuint/20080308elpepuint_6/Tes"El Universal" de México publica: "Propone Ecuador que ONU vigile frontera":http://www.eluniversal.com.mx/notas/488732.htmlLa "CNN" informa: ´"Venezuela to reopen embassy in Columbia":http://edition.cnn.com/2008/WORLD/americas/03/10/venezuela.colombia.ap/index.html"CNN" tambien publica: "Colombia crisis ends with accord":http://edition.cnn.com/2008/WORLD/americas/03/07/samerica.summit/index.html"El País" de Madrid informa: "La Corte Electoral boliviana suspende los referendos constitucionales convocados por Morales"http://www.elpais.com/articulo/internacional/Corte/Electoral/boliviana/suspende/referendos/constitucionales/convocados/Morales/elpepuint/20080308elpepuint_4/TesPatrick J. McDonnell informa para "Los Angeles Times" sobre apoyo a Chavez por parte de población peruana : "In Peru's high plains, Chavez is exalted"http://www.latimes.com/news/nationworld/world/la-fg-puno9mar09,1,7225422.story?ctrack=6&cset=trueESTADOS UNIDOSDiferentes medios infoman sobre las elecciones estadounidenses:"Los Angeles Times" informa: "Obama says Clinton is trying to 'hoodwink,' 'bamboozle' Americans":http://www.latimes.com/news/politics/la-na-campaign11mar11,0,1577606.story"Time" publica: "Can Clinton Make Mississippi a Race?":http://www.time.com/time/politics/article/0,8599,1721113,00.html"Newsweek" publica: "Going Deep in the Deep South":http://www.newsweek.com/id/121444Escándalo de prostitución afecta al gobernador de Nueva York, Eliot Spitzer habría sido grabado mientras negociaba para contratar los servicios de una mujer."El Mercurio" de Chile informa sobre el suceso:http://diario.elmercurio.com/2008/03/11/internacional/_portada/noticias/1DE47734-3574-4A51-9E1A-1EE11D6C2E9D.htm?id={1DE47734-3574-4A51-9E1A-1EE11D6C2E9D}"The Economist" publica: "Eliot Spitzer: The fall of ethics man":http://www.economist.com/daily/news/displaystory.cfm?story_id=10835377&top_story=1"El Universal" de México informa: "Se triplica el costo de la guerra en Irak, aseguran expertos":http://www.eluniversal.com.mx/internacional/57091.html"El País" de Madrid analiza la situación económica de Estados Unidos: "El clima de recesión en EE UU deja el dólar en mínimos históricos":http://www.elpais.com/articulo/economia/clima/recesion/EE/UU/deja/dolar/minimos/historicos/elpepieco/20080308elpepieco_2/TesEUROPA El presidente ruso en funciones se reúne con la canciller alemana, Angela Merkel, y menciona una posible indulto a Mijail Jordorkovsky"El País" de Madrid informa: "Putin: "Las relaciones entre Occidente y Rusia no serán más fáciles con Medvédev"":http://www.elpais.com/articulo/internacional/Putin/relaciones/Occidente/Rusia/seran/faciles/Medvedev/elpepuint/20080308elpepuint_8/TesEspaña recuerda a las víctimas del 11-M Los reyes depositaron una corona de laureles en el monumento erigido en Atocha; Rodríguez Zapatero y Rajoy coincidieron en el acto, en el que no hubo oradores"La Nación" informa:http://www.lanacion.com.ar/exterior/nota.asp?nota_id=994636Serbia inicia el proceso para adelantar las elecciones. Kostunica disuelve el Gobierno de coalición por las diferencias entre los miembros ante la independencia de Kosovo"El País" de Madrid informa:http://www.elpais.com/articulo/internacional/Serbia/inicia/proceso/adelantar/elecciones/elpepuint/20080310elpepuint_3/TesEl Movimiento Popular del presidente Nicolas Sarkozy, sufrió ayer un revés en la primera ronda de elecciones locales, que amenaza con opacar su posición política a menos de un año luego de que el presidente asumiera el cargo."El Universal" informa: "Castigan votantes galos a Sarkozy":http://www.eluniversal.com.mx/internacional/57079.html"El Mercurio" publica: "Nicolas Sarkozy reformaría su gobierno":http://diario.elmercurio.com/2008/03/11/internacional/internacional/noticias/8AE9D8AF-F91A-4368-9F96-D69A708793C2.htm?id={8AE9D8AF-F91A-4368-9F96-D69A708793C2}Estados Unidos y Polonia alcanzaron ayer un acuerdo por el que Washington ayudará a modernizar las Fuerzas Armadas polacas a cambio del visto bueno de Varsovia para acoger el polémico escudo antimisiles que EE.UU. quiere desplegar entre ese país y la República Checa en Europa del Este, y a cuyo emplazamiento se opone fuertemente Rusia."El Mercurio" de Chile informa:http://diario.elmercurio.com/2008/03/11/internacional/internacional/noticias/A1705CA9-3C17-4FC8-BF59-F3D763718421.htm?id={A1705CA9-3C17-4FC8-BF59-F3D763718421}La "MSNBC" publica: " Bush: U.S. to help Poland modernize military"http://www.msnbc.msn.com/id/23554655/ ASIA PACÍFICO Y MEDIO ORIENTEEl "New York Times" informa sobre la situacion política de Pakistan: "Pakistan Rivals Join to Fight Musharraf":http://www.nytimes.com/2008/03/10/world/asia/10pstan.html?_r=1&ref=world&oref=slogin"CNN" informa: "Pakistan opposition to form government, restore judges"http://edition.cnn.com/2008/WORLD/asiapcf/03/10/pakistan.ap/index.htmlUn doble atentado dejó 20 muertos en Paquistán. Uno de los ataques se produjo cerca de la casa del viudo de la ex primera ministra, Benazir Bhutto; otras 150 personas resultaron heridas, tanto "La Nación" como "El Tiempo" informan:http://www.lanacion.com.ar/exterior/nota.asp?nota_id=994624http://www.eltiempo.com/internacional/otrasregiones/noticias/ARTICULO-WEB-NOTA_INTERIOR-3998088.htmlEl "New York Times" informa: "Five American Soldiers Killed in Baghdad"http://www.nytimes.com/2008/03/10/world/middleeast/11iraq.html?ref=worldLA"CNN" tambien informa: "Officials: 5 U.S. troops killed in suicide blast"http://edition.cnn.com/2008/WORLD/meast/03/10/iraq.main/index.htmlEl "Jerusalén Post" informa sobre atentado en el centro de Jerusalén por parte de jóvenes palestinos: 8 jóvenes muertos http://www.jpost.com/servlet/Satellite?cid=1204546422275&pagename=JPost%2FJPArticle%2FshowFull´"Across divided Jerusalem, a day of grief"http://www.latimes.com/news/nationworld/world/la-fg-mideast8mar08,1,4088856.story?ctrack=8&cset=trueA cinco meses del comienzo de los Juegos Olímpicos: Dalai Lama denuncia aumento de represión china en el Tíbethttp://diario.elmercurio.com/2008/03/11/internacional/internacional/noticias/A6F8993F-AD4E-43B4-9691-4DF327DAC4C5.htm?id={A6F8993F-AD4E-43B4-9691-4DF327DAC4C5}La "CNN" publica: "Tibet exiles protest Beijing Olympics" http://edition.cnn.com/2008/WORLD/asiapcf/03/10/india.tibet.ap/index.html "MSNBC" informa: "Three arrested in U.S. Embassy bomb plot Middle Eastern nationals held in Manila suspected of terror links":http://www.msnbc.msn.com/id/23496851/"Time" analiza: "Iran's Referendum on Ahmadinejad":http://www.time.com/time/world/article/0,8599,1720076,00.html"El Tiempo" de Colombia informa: "China anuncia creación de cinco "superministerios", incluido uno de Medio Ambiente"http://www.eltiempo.com/internacional/otrasregiones/noticias/ARTICULO-WEB-NOTA_INTERIOR-3998245.html"The Economist" informa: "Malaysia's election Political tsunami?"http://www.economist.com/daily/news/displaystory.cfm?story_id=10833119"China Daily" informa: "Proceedings initiated for China's leadership change"http://www.chinadaily.com.cn/china/2008npc/2008-03/12/content_6531084.htmAFRICA"CNN" publica: "Zimbabwe: Blacks to control firms":http://edition.cnn.com/2008/WORLD/africa/03/10/zimbabwe/index.html"El Tiempo" de Colombia informa: "Parlamento de Kenia vota reformas con vistas a Gobierno de coalición":http://www.eltiempo.com/internacional/otrasregiones/noticias/ARTICULO-WEB-NOTA_INTERIOR-3998445.html ECONOMIA "The Economist" realiza el informe sema nal de negocios: "Business this week":http://www.economist.com/displaystory.cfm?story_id=10809515&CFID=8416342&CFTOKEN=693d3eca97f9248a-9EE294E4-B27C-BB00-01439C1A68D7FB5B"El País" de Madrid informa: "El BBVA apuesta por un fuerte crecimiento en Latinoamérica":http://www.elpais.com/articulo/economia/BBVA/apuesta/fuerte/crecimiento/Latinoamerica/elpepueco/20080308elpepueco_1/Tes"El crudo OPEP alcanza un nuevo máximo con 99,16 dólares/barril":http://www.unionradio.com.ve/Noticias/Noticia.aspx?noticiaid=234267 OTRAS NOTICIAS"El Universal" de México publica: "Afirma ONU que 5% de la población mundial es adicta a drogas ilegales":http://www.eluniversal.com.mx/notas/488726.htmlSegún datos de un nuevo informe del Banco Interamericano de Desarrollo:. "Los inmigrantes enviaron alrededor de 66.500 millones de dólares a sus familiares en América Latina en el 2007":http://about.reuters.com/dynamic/countrypages/peru/1205192123nN10704963.ASP
Slavery is a historical antecedent, which affected all continents, sometimes simultaneously, sometimes successively; its genesis is the sum of all that happened during an intermediate period of history. Paradoxically, slavery and slave trade still exist today under various pseudonyms: servants, nannies, prostitutes, indentured servants, extremely low paid workers. The examination here is confined to the Atlantic Slave Trade and its implications to Africa and its people, both in Africa and in Diaspora. Various aspects and instruments of law, particularly, international and inter-temporal law were examined to justify or repudiate the demand for compensation vis-à-vis reparation. The Atlantic Slavery, which began in the year 1440 was first abolished in 1787 throughout British Empire and in 1833, the British parliament abolished slavery in its colonies. In 1838, the slaves were emancipated and by 1880, slavery had been abolished in southern United States and across the world an estimated figure of over 14 million blacks was forcibly transported to overseas countries. This figure does not include those who died before they arrived to their various destinations. The thesis that slavery and slave trade contributed to the development of capitalism because slave trade constituted an essential element in the early mercantilist stage of capitalist development and abolition, which was a reflex of the resulting industrialism and its free commercial policies may have adherence here and there. Apparently, the increased demand for slaves not only reallocated resources, but also produced externalities thought to impede long-time development in Africa. These impediments were constraints on the growth of African states, increase in ethnic and socio stratification and sustained a culture of political violence. The history of West Africa will be used as a model for the economic marginalisation and depopulation of Africa. While most scholars agree that the depopulation of Africa was a consequence of Atlantic Slave Trade and must have reduced the aggregate population between 1700 and 1850, nevertheless it is problematic to assess the causal impact of slave population growth and development. The regular slave raiding was a constraint to production, social life obscured the ethnic boundaries and the inability to distinguish insider from outsider as the people scattered to escape the risk of being caught. Between the 16th and 19th centuries more than 14 million slaves were produced in Africa and transported to overseas. Book one Chapter I addresses the term "Slavery" and its concepts in all its ramifications. The instruments of semantics, philology and biology e.t.c. were used to arrive at an acceptable definition of slavery. Chapter II have as its priority the examination of slavery as an ancient institution of all cultures and the subsequent break of this culture by the Europeans. Enough evidence were advanced to prove that almost every continent and country practiced one form or another of slavery and slave trade, but this seemingly established culture and norm were put to question by the Europeans. The practice of the Atlantic triangular slave trade and the colonial Plantation economy with the attendant exploitation of the slave workers were extensively discussed in this chapter. Chapter III have as its priority racism, cultural differences, and above all, economics as the motives for Atlantic slave trade vis-à-vis triangular slave trade. The roles and the works of intellectuals, movies, newspapers, and physical contacts with the Africans contributed to slavery and also to the Atlantic slave trade. Book Two Chapter IV dealt with the examination and analysis of the motives of Atlantic slavery and slave trade using the economic, social and political yardstick as the most compelling factors. Mathematical calculations and economic diagrams were used here to describe the demand and supply of slaves and its effect on African economies. In Book Two, the implications of Atlantic slave trade to Africa and its people in strictly economic and demographical terms were examined. Chapter V presented various definitions of natural law and present its prominent progenitors and contributors. The role of natural law in the examination of the atrocities of the Atlantic slave trade cannot be underestimated considering the fact that during this period, international law or positive law as we understand it today, had hardly existed therefore, the only appropriate yardstick open for the examination of the treatment and trade of the Africans appear to be the instrument of natural law vis-à-vis moral law. Chapter VI examined in detail the merits and demerits of the concept of "Pacta sunt servanda" as applied by the Europeans in trade with his African partners. The unfolding implications that resulted because of the failure of adherence to "Pacta sunt servanda" to the contracting persons, nations, villages also featured here prominently. It is on record that the European expansion over other parts of the world was undertaken by the acts of states and governments and later also private business partners participated in the slave trade. Therefore, the implication of this under international law was evaluated. Chapter VII combined the extent and influence of the Radbruch's Formula of Ratio Juris, its logicality and the nature of legal theory and Robert Alexy's conceptual analysis and the theory about the nature of law to determine the degree of morality and justice embodied in the slave laws enacted in the United States during the Atlantic Slave Trade. For example, Radbruch postulated that the objective of legal philosophy is to appraise the law in terms of congruency with its ultimate goal, i.e. to realize the ideas of law. Chapter VIII highlighted the abolition and emancipation of slavery and emphasized the role of Quakers, Anglicans and most importantly anti-slavery campaigners, like Granville Sharp and Thomas Clarkson. They initiated, campaigned and fought for the abolition and emancipation of African slavery, without which the history of Africa and its people would have being hitherto be rewritten today. Just as the instruments of publications, sermon, pamphlets, treatise, poems, narratives, newspaper articles, reports and petitions were used to promote and aggravate Atlantic slave trade and slavery so also were these instruments used to fight for the emancipation of slavery. Though the cause of reparation for Africans and Africans in Diaspora cannot be seriously questioned, particularly under natural law and the laws of morality, the conceptual, legal, moral and historical issues were discussed extensively in Chapter IX. The normative arguments for and against reparations and the identity of beneficiaries and those sued for reparations were the object of analysis. Causation and attenuation arguments of reparations, particularly in tort liability, for example, act attenuation, victim attenuation and wrongdoer attenuation will help to determine culpability. Tort law analogy in slavery reparations and more so lawsuits for Jim Crow, constitutional requirements and unjust enrichment are all indispensable legal instruments to ascertain the merits and demerits of reparations. The concepts of restitution and genealogical determinism are also essential parts of this chapter. And finally, the philosophy of Libertarianism also constituted to the evaluation of the case for reparations. Reparation has been a common feature or idea in public international law before the emergence of international human rights law. The various international courts have defined the notion of reparation in relation to the notion of international responsibility of the state in • Art. 31: ILC (s. pages 238, 241) • Art. 3: ILC • Art. 13 Universal Declaration of Human Rights (1948) • Art. 11(2) • Art. 7(1) The international law advances that any conduct, which is attributable to the state and which constitutes a breach of an international obligation of the state is an international wrongful act and comes under the state responsibility. The international law that adjudicates on state responsibility stipulates that there must be a link between a past wrong and present claim, consequently any legal claim for reparation at the international level will be confronted with the problem of proving that the present day western countries caused the injury inflicted on slaves. Other bodies of law like restitution, which deals with benefit-based liability or benefit-based recovery, has become an increasingly powerful tool in the case of reparation, particularly for mass wrongs. The merits and demerits were done justice to in this Dissertation. Natural Law has played an important role in the affairs of men through the ages because it entails basic principles of moral law and legislation and is in some cases objective, accessible to reason and based on human nature. Though, the concept of natural law is controversial, however, the Nuremberg War-Crimes trials after World War II, had no foundation in written laws. The prosecutors and judges justified their sentences on the assumption of natural laws binding all human beings and the present insistence on human rights also implies the affirmation of a kind of natural law. Natural law is therefore, a reflection of morality and consequently, legally valid if they conform to morality. He appraised human rights as surpassing all written laws and advanced that the law of nature should be sufficient to address the issue of restitution. Therefore, the kidnappings, the involuntary enslavement, the killings or murder of protesting or rebellious African slaves were an offence and a crime that needed to be addressed. Africa and the Africans in Diaspora can seek for justice albeit post mortem of the slaves.
The paper attempted to assess the domestic and export market performance and prospects of Philippines cocochemicals. The Philippines holds the distinction of having the first oleochemical business venture in the ASEAN region. As of CY 2000, there were 18 manufacturers of cocochemicals registeres with the BOI with an aggregate production capacity of 678,301 mt. However, only 15 plants with a combined production capacity of 504,501 mt. were operating as of this year. Apart from the manufacturers of cocochemicals, there were two palm-based oleochemical manufacturers registered with the BOI in the same year. These were the Zambosur Oil Refinery Corporation and the Vegeoil Philippines, Inc. was operating in the year 2000. The industry is composed of the oleochemical producers of fatty alcohol, fatty acids, methyl esters, and glycerine as the by-product; and the surfactant or oleochemicals derivatives-producers involved in the manufacture of alcohol sulfates, alkyl phosphates, amines, distearates, etc.The oleochemicls derivative-producers source their raw materials from the basic oleochemicals producers. Thirteen Luzon-based plants accounted for 68.39 percent of the total oleochemical production capacity (504,501 mt.) in the year 2000. Two Mindanao-based plants captured 31,49 percent of the aggregate olechemical production capacity. Meanwhile, there was only one operating plant in the Visayas region and this firm represented a miniscule share of only 0.12 percent of the total registered capacity nationwide. The major players in the oleochemical industry in the Philippines are the United Cocochemicals, Inc. which registeres a 23.14 percent share of the total registered capacity nationwide and Pilipinas Kao, Inc. with 21.74 percent share. The United coco chemicals Inc., and Pilipinas Kao, inc. dominated in Luzon and Mindanao, respectively. Primo oleochemicals, inc. ranked third among the operating plants nationwide with 10.26 percent share while Procter and Gamble Phils., ranked fourth with 8.62 percent share. Cocochemicals production in the Philippines exhibited an erratic trend from 1989 to 1995. Since crude coconut oil is the feedstock or raw material in cocochemical production in the Philippines, cocochemical production in the country was influenced to a large extent by the availability of the price o crude coconut oil. However, the supply and price of crude coconut oil in the Philippines are highly unstable due to year-to-year weather variability. cocochemical production was found to be inversely related to the price of crude-coconut oil. Despite the fluctuating trend in cocochemical production, cocochemical production rose markedly from 71,799 mt in 1989 to 116,326 mt in 1995, or by 62 percent. Despite the lack of updated data on cocochemical production from 1996 to 2000, it is expected that the trend in cocochemical production in recent years will follow the trend in the domestic price of crude coconut oil and the quantity of availability crude coconut oil in the same period From 16,955 mt in 1989, domestic consumption of cocochemicals in copra terms increased markedly to 28,817 mt in 1995, or by 67 percent. on the average, domestic consumption of cocochemicals grew an an average of 52.3 percent per year during the period 1989-1995 could be attributed to the implementation of Executive Order (E.O.) 259 in 1989. The said executive order required the substitution of petroleum-based hard alkyl benzene, a non-biodegradable chemical used in the manufacture of soap detergents, with coco-fatty alcohol sulfate, which is biodegradable. An examination of the average annual cocochemical production vis-a-vis consumption during the period 1989-1995 showed that 34.2 percent was consumed by the domestic market. Several industries in the country utilize cocochemicals to manufacture soaps, shampoo, hair rinse, cosmetics, household detergents, textile/industrial detergents, agrichemicals toiletries (e.g. deodorants, bath oils, toothpastes and synthetic perfumes), polyyurethane, tobacco, base material in paints, explosive, propellants and pharmaceuticals. Currently, about 90 percent of domestic cocochemical consumption went to detergents compared to 59 percent in 1989. The increase in the percentage share of the househol detergent industries could be attributed to the passage of E.O. 259. It is expected that the domestic market potential of cocochemicals in great due to its wide application in local manufacturing industries and the growing end-use markets as a result of the country's increasing population and the real income per capital. The country's population increased as an average of 2.4 percent annually from 1990-1999 while the average annual growth rate in real income per capita was 1.01 percent. Real income per capita is a measure of the purchasing power of each individual consumer. Hence, a projected rise in consumers' purchasing power will allow increased purchase beyond the essentials of food, clothing, and shelter into personal care products, soap, detergents, and other products which rely on cocochemicals, Among the end-use markets, major growth areas will be in the soap and detergent market and the personal care product market. The demand for drugs, lubricants, and motor oil which use oleochemicals as inputs is also projected to continue growing. The Philippine oleochemical industry is largely export-oriented. An average of 65.2 percent of the total cocochemical production in the country during the period 1989-1995 was exported. The major cocochemicals exported by the Philippines as fatty alcohol, fatty acid, and methyl ester. other cocochemical exports include refined glycerine, crude glycerine, alkanolamide, and coco acid oil. During the nine-year period under review, the Philippines generally did not perform well in exporting cocochemicals as evidenced by the negative growth rate in the aggregate volume of exports of all types of cocochemicals (-1.2%/year). This could be largely attributed to the significant decline in the volume of methyl ester exports and to a lesser degree to the drop in the volume of exports of alkanolamide, coco acid oil, and crude glycerine. However, despite the negative trend in the aggregate export volume of all types of cocochemicals, overall export receipts generated grew by an average of 10.2 percent per year due to the rising export prices of cocochemicals (9%/year). Among the cocochemical exports of the Philippines, fatty alcohol, fatty acid, and refined glycerine appear to have bright export market prospects as evident from the increase in the number of foreign buyers and the positive trend in export volume, value and price of these cocochemicals. Oleochemical firms forecast that the world demand for natural oleochemicals will grow at 3-4 percent per year due to the world population growth and increased standards of living. The main markets of natural oleochemicals in the world will cntinue to be the United states, Europe and Japan, partly due to the high level of environmental awareness or conciuousness in these countries. For Philippine oleochemicals, the emerging major market is the people's Republic of china. Moreover, the demand for fatty alcohols to be used in the production of surfactants for the laundry and detergent industries in the United States, the People's Republic of China and Taiwan is projected to continue increasing. Considering that the demand for personal care products in Japan, the United States, and Europe is also growing, this, in turn, will increase the demand for fatty amines and derivatives has strong growth, partly due to the growing use in "ultra" liquid detergents and in hair-conditioning products and shampoos. The demand for fatty alcohol is also projected to increase because of the development of new uses of natural fatty alcohols such as the production of alkyl polyglucoside. On the other hand, there are indications that China will show strong growth in fatty acid demand and capacity in the coming applications. Drugs and personal care are by far the most important end-use markets especially in the United States , Western Europe, and Japan, followed by tobacco/triacetin in the United states and Western Europe, Glycerine is also used in manufacturing polyether polyols, alkyd resins, cellophane, explosives and food, among others. Despite the favorable market prospects of oleochemicals in the Philippines is confronted with the following problems which might constrain in the country from capturing a bigger share in the world market for oleochemicals; (1) stagnant coconut production and low coconut productivity; (2) high price of coconut oil and stiff competition with palm kernel oil-based oleochemicals from Malaysia and Indonesia; (3) price competitiveness of ethylene-based synthetic alcohols; (4) new competition coming from rapessed oil and cuphea as a feedstock in olechemicals production due to biotechnological development; (5) negative effects of trade liberaization ; and (6) smuggling of detergents. The future of the local oleochemical industry hinges on the reliability of coconut supply and the price competitiveness of coconut oil vis-a-vis palm kernel oil and ethylene. Unless coconut production is increased and prices of coconut oil are competitive, the country's cocochemical industry will face a bleak future. Given threat facing the local cocochemical industry from palm kernel-based olechemical industries in Malaysia and Indonesia and from synthetic capacities, concerted efforts of both the philippine government and the private sector in undertaking a large-scale replanting program in the country are urgently needed. To be globally conpetitive in the world oleochemical market, the Philippines should not only be cost-efficient in copra/coconut oil production. but in oleochemical manufacturing as well. To expand the domestic and export markets of locally manufactured cocochemicals, researches aimed at developing new uses of cocochemicals must also be accorded priority in terms of budgetary allocation by local research funding institutions.
After an initial boom in the early years of the millennium, global land-based investments, also called Large-Scale Land Acquisitions (LSLAs), have slowed in recent years, but their impact on local environments and human well-being still poses a challenge for fulfilling the 2030 Agenda for Sustainable Development. The debate on the effects of LSLAs lacks systematic assessment at the meso-level of spatial and administrative scale – a level that is critical for informing national policies. This research addresses that issue by first explaining how LSLAs entail differential impacts on local livelihoods, and second, by revealing how positive outcomes to these investments can be achieved in the context of the Global South. My analysis of the recent land concession inventory of the Lao PDR, including the scope, scale and socio-ecological context of LSLAs, reveals how land deals have impacted local livelihoods. They have transformed natural resources and labour relations by pushing former land users into precarious situations and onto pathways leading to different well-being outcomes. The affected villages have experienced different degrees of poverty increase or reduction. This research suggests that looking only at quantitative variables, especially the size of the land acquisitions, is a poor predictor of their socio-economic impacts. A better understanding of key variables is urgently needed to avoid both misinterpretations of the impact and misguided land-based investment policies. Using a methodological approach that includes an examination of monetary poverty, multiple dimensions of human well-being, primitive accumulation, and precarity, this research suggests that the pathway to improved human well-being in the context of LSLAs is very narrow. The decrease in monetary poverty in most villages has not resulted in positive human well-being outcomes. In terms of employment, which is the most important and immediate benefit that smallholders can enjoy, the findings reveal that in some cases, the peasants have experienced dispossession without proletarianization. In many cases, semi-proletarianization has occurred, but through adverse terms rather than could be part of a sustainable livelihood strategy. To avoid the negative impacts and ensure that land deals contribute to sustainable agricultural growth, this dissertation emphasizes four key points: 1) A comprehensive socio-environmental impact analysis and monitoring that includes natural resources such as non-timber forest products, timber and wild animals must be implemented rather than just focusing on the land itself. Implementation of the relevant accompanying measures must take place throughout the business cycle. Protecting access to the land and other resources is imperative as natural resources still play a significant role in rural resilience. This will ensure that smallholders, particularly women and vulnerable groups like ethnic minorities, can sustain their traditional livelihoods, especially during the transition period. 2) Adverse outcomes tend to occur in cases in which smallholders are dependent on natural resources for a living rather than already being engaged in the non-farm sector. Therefore, the development of LSAs must consider the socio-ecological heterogeneity of peasant livelihoods. 3) The International Code of Conduct (free, prior, and informed consent) per se does not guarantee positive well-being outcomes but it does provide space for consultation and negotiation. Thus, it is an important tool that should be applied by the investors, but should not be considered as the solution for safeguards. 4) Promoting land-based investments as a means of poverty reduction in rural areas by moving from the natural resource- to wage-based livelihoods is effective only with accompanying related measures. The national government should consider appropriate trade-offs among different development goals – for example, large-scale, labour-intensive investments may not significantly contribute to national growth but they may generate a higher number of jobs which may have a great positive impact on human well-being. ; ພາຍຫຼັງທີ ່ ໄດ້ມີການຂະຫຍາຍຕົວຢ່ າງໄວວາ ແລະ ກວ້າງຂວາງ, ການລົງທຶນໃນຂົງເຂດທີ ່ ດິນ ຫຼື ເອີ້ນ ວ່ າ ການເຊ່ າົ -ສໍາປະທານທ່ ດີ ນິ ຂະໜາດ ໃຫຍ່ (LSLAs) ຢ່ ູໃນໂລກໃນຊຸມປີມ່ ໆໍ ນ ີ້ ໄດມ້ ກີ ານຂະຫຍາຍຕວົ ຊາ້ ລງົ ແຕ່ ຜນົ ກະທບົ ຂອງມນັ ຕ່ ໍກບັ ສ່ ງິ ແວດລອ້ ມ ແລະ ການມຊີ ວີ ດິ ການ ເປັນຢູ ່ ທີ ່ ດີ (Human well-being) ຂອງທ້ອງຖິ ່ ນ ຍັງເປັນສິ ່ ງທ້າທາຍໜຶ ່ ງ ຕໍ ່ ກັບການບັນລຸເປົ້າໝາຍການພດັ ທະນາແບບຍນື ຍງົ ປີ 2030. ການຖົກຖຽງ ກ່ ຽວກັບ ຜົນກະທົບຂອງ LSLAs ແມ່ ນຍັງຂາດຂໍ້ມູນຫຼັກຖານ ທີ ່ ໄດ້ຈາກການວິເຄາະຂໍ້ມູນຢ່ າງເປັນລະບບົ ໃນລະດບັ ຊາດ ຊ່ ງຶ ເຫັນວ່ າ ມີຄວາມສໍາຄັນຫຼາຍ ຕໍ ່ ກັບນະໂຍບາຍແຫ່ ງຊາດ. ການຄົ້ນຄວາ້ ນ ີ້ ໄດປ້ ະກອບສ່ ວນໃນການປິດຊ່ ອງຫວ່ າງດ່ ງັ ກ່ າວ ໂດຍ ທໍາອດິ ໄດວ້ ິ ເຄາະເຖິງ ບັນດາຜົນກະທົບ ຂອງ LSLAs ຕໍ ່ ກັບຊີວິດການເປັນຢູ ່ ຂອງທ້ອງຖິ ່ ນ ວ່ າເກີດຂຶ້ນແນວໃດ ແລະ ຈາກນັ້ນ ໄດວ້ ເິ ຄາະເຖງິ ແນວທາງ ທ່ ສີ າມາດເຮດັ ໃຫກ້ ານລງົ ທນຶ ດ່ ງັ ກ່ າວ ມຜີ ນົ ໄດຮ້ ບັ ດາ້ ນບວກຢ່ ູໃນປະເທດກໍາລງັ ພດັ ທະນາ. ຜົນໄດ້ຮັບຈາກການວິເຄາະຂໍ້ມູນ ການຂຶ້ນ ບັນຊີໂຄງການເຊົ ່ າ ແລະ ສໍາປະທານທີ ່ ດິນ ຂອງລັດຢູ ່ ສປປ ລາວ ທີ ່ ມີຢູ ່ ລ້າສຸດ ຊຶ ່ ງລວມມີຂໍ້ມູນກ່ຽວ ກບັ ປະເພດ ແລະ ຂະໜາດ ຂອງການລງົ ທນຶ ຢ່ ູໃນ ສະພາບແວດລອ້ ມດາ້ ນເສດຖະກດິ -ສງັ ຄມົ ແລະ ນເິ ວດວທິ ະຍາຕ່ າງໆ ໄດສ້ ະແດງເຖງິ ຂະ ບວນການ ທ່ ໂີ ຄງການລງົ ທນຶ ດ່ ງັ ກ່ າວ ໄດສ້ ່ ງົ ຜນົ ກະທບົ ຕ່ ໍກບັ ຊວີ ດິ ການເປັນຢ່ ູຂອງທອ້ ງຖ່ ນິ . ການລງົ ທນຶ ເຫ່ ຼາົ ນ ີ້ ໄດປ້ ່ ຽນແປງສດິ ທກິ ານຖຄື ອງ ທີ ່ ດິນ ແລະ ສາຍພົວພັນດ້ານກໍາລັງແຮງງານ ໂດຍໄດ້ເຮັດໃຫ້ ເຈົ້າ ຂອງທ່ ດີ ນິ ຕອ້ ງຕກົ ຢ່ ູໃນສະພາບຄວາມບ່ ໍແນ່ ນອນ ແລະ ມລີ ະດບັ ຊວີ ດິ ການ ເປັນຢູ ່ ທີ ່ ແຕກຕ່ າງກັນ. ນອກນັ້ນ , ບ້ານທີ ່ ໄດ້ຮັບຜົນກະທົບ ມີລະດັບຄວາມທຸກຍາກເພີ ່ ມຂຶ້ນ ຫຼ ື ຫຸຼດລງົ ໃນລະດບັ ທ່ ບີ ່ ໍຄກື ນັ . ຜນົ ຂອງການ ຄົ້ນ ຄວ້ານີ້ ແນະນໍາວ່ າ ການທີ ່ ນໍາເອົາແຕ່ ຂໍ້ມູນດາ້ ນປະລມິ ານ ໂດຍສະເພາະແມ່ ນ ຂະໜາດຂອງທ່ ດີ ນິ ມາເປັນເກນໃນການປະເມນີ ແມ່ ນບ່ ໍ ເປັນຕົວຊີ້ວັດທີ ່ ດີ ໃນການປະເມີນຜົນກະທົບທາງດ້ານເສດຖະກິດ-ສັງຄົມ ຂອງ LSLAs ຊຶ ່ ງອາດນໍາໄປສູ ່ ການເຂົ້າໃຈທີ ່ ຜິດພາດ ກ່ ຽວກັບ ຜນົ ກະທບົ ຂອງມນັ ແລະ ອາດນາໍ ໄປສ່ ູການກາໍ ນດົ ນະໂຍບາຍທ່ ບີ ່ ໍສອດຄ່ ອງ. ໂດຍການນໍາໃຊບ້ ນັ ດາວທິ ກີ ານຕ່ າງໆ ລວມມ ີ ການປະເມນີ ຄວາມທຸກຍາກໂດຍອງີ ໃສ່ ລາຍຮບັ ເປັນຫຼກັ , ການມຊີ ວີ ດິ ການເປັນຢ່ ູທ່ ດີ ,ີ ການ ຄອບຄອງກໍາລັງການຜະລິດ ເພື ່ ອເຮັດໃຫ້ເຈົ້າ ຂອງທ່ ດີ ນິ ກາຍເປັນແຮງງານຮບັ ຈາ້ ງຢ່ ູທ່ ດີ ນິ ຂອງຕນົ (primitive accumulation and proletarianization) ແລະ ຄວາມບໍ ່ໝັ້ນ ຄົງ ຂອງຊີວິດ (precarity), ບົດຄົ້ນ ຄວ້ານີ້ ຊີ້ໃ ຫເ້ ຫນັ ວ່ າ ການຫຸຼດລງົ ຂອງອດັ ຕາຄວາມທຸກຍາກ ໂດຍອີງໃສ່ລາຍຮັບເປັນຕົ້ນຕໍ ຢູ ່ ຫຼາຍບ້ານທີ ່ ໄດ້ຮັບຜົນກະທົບນັ້ນ ບໍ ່ ໄດ້ໝາຍຄວາມວ່ າ ຊາວບ້ານຈະມີຊີວິດການເປັນຢູ ່ ທີ ່ ດີຂຶ້ນ . ມບີ າງກໍລະ ນີ, ປະຊາຊົນສູນເສຍທີ ່ ດິນໃຫ້ແກ່ ໂຄງການລົງທຶນ ແຕ່ ບໍ ່ ໄດ້ຮັບໂອກາດເຂົ້າ ເປັນແຮງງານຮບັ ຈາ້ ງ ແລະ ໃນຫຼາຍກໍລະນ ີ ຊາວບາ້ ນໄດກ້ າຍເປັນ ເຄ່ ງິ -ແຮງງານຮບັ ຈາ້ ງ ໂດຍຢ່ ູພາຍໃຕເ້ ງ່ອື ນໄຂແບບຄວາມຈາໍ ເປັນ ແທນທ່ ຈີ ະເປັນຍຸດທະສາດ ສໍາລບັ ຊວີ ດິ ການເປັນຢ່ ູແບບຍນື ຍງົ . ເພ່ ອື ຫຼກີ ລຽ້ ງ ຜນົ ກະທບົ ດາ້ ນລບົ ຈາກ LSLAs ແລະ ຮບັ ປະກນັ ວ່ າ ການລງົ ທນຶ ດ່ ງັ ກ່ າວ ປະກອບສ່ ວນເຮດັ ໃຫ ້ ການເຕບີ ໂຕດາ້ ນການຜະ ລິດກະສິກໍາແບບຍືນຍົງນັ້ນ , ຜົນໄດ້ຮັບຈາກການຄົ້ນ ຄວາ້ ນ ີ້ ສະທອ້ ນເຖງິ ສ່ ບີ ນັ ຫາທ່ ສີ ໍາຄນັ ທ່ ຄີ ວນຈະພຈິ າລະນາ ໄດແ້ ກ່ : ໜ່ ງຶ , ຕອ້ ງມ ີ ກນົ ໄກໃນການປະເມນີ ແລະ ຕດິ ຕາມ ຜນົ ກະທບົ ດາ້ ນສງັ ຄມົ ແລະ ສ່ ງິ ແວດລອ້ ມ ແບບຄບົ ຊຸດ ໂດຍຄໍານງຶ ເຖງິ ບນັ ດາຊບັ ພະຍາ ກອນທໍາມະຊາດອື ່ ນໆ ເຊັ ່ ນ: ເຄື ່ ອງປ່ າຂອງດົງ, ໄມ້ທ່ ອນ ແລະ ສັດປ່ າ ແລະ ອື ່ ນໆ ແທນທີຈະເນັ້ນໃສ່ ແຕ່ ທີ ່ ດິນ ແລະ ລວມທັງການຈັດຕັ້ງ ປະຕິບັດ ບັນດາມາດຕະການທີ ່ ຈໍາເປັນ ແລະ ເໝາະສົມ. ພ້ອມກັນນັ້ນ ການປົກປອ້ ງສດິ ທກິ ານນໍາໃຊທ້ ່ ດີ ນິ ແລະ ຊບັ ພະຍາກອນທໍາມະຊາດ ຂອງປະຊາຊນົ ຈ່ ງຶ ເຫນັ ວ່ າມຄີ ວາມສໍາຄນັ ຫຼາຍ ເນ່ ອື ງຈາກວ່ າ ຊບັ ພະຍາກອນທໍາມະຊາດ ຍງັ ມບີ ດົ ບາດສໍາຄນັ ຫຼາຍໃນການຮບັ ມກື ບັ ເຫດສຸກ ເສນີ . ຊ່ ງຶ ມນັ ຈະສາມາດຮບັ ປະກນັ ວ່ າ ຊາວກະສກິ ອນ ໂດຍສະເພາະແມ່ ນ ແມ່ ຍງິ ແລະ ກ່ ຸມສ່ ຽງ ເຊ່ ນັ : ກ່ ຸມຊນົ ເຜ່ າົ ສ່ ວນນອ້ ຍ ສາມາດສບື ຕ່ ໍ ການດໍາລງົ ຊວີ ດິ ທ່ ເີ ຄຍີ ປະຕບິ ດັ ຜ່ ານມາໄດ ້ ໂດຍສະເພາະແມ່ ນ ໃນຊ່ ວງໄລຍະເວລາຂາ້ ມຜ່ ານ. ສອງ, ຜົນກະທົບດ້ານລົບຂອງການລົງທຶນມັກຈະເກີດຂຶ້ນ ໃນກໍລະນທີ ່ ີ ຊາວບາ້ ນຍງັ ອາໄສຊບັ ພະຍາກອນທໍາມະຊາດ ໃນການດໍາລງົ ຊວີ ດິ ເປັນຕົ້ນ ຕໍ ເມື ່ ອທຽບໃສ່ ກໍລະນີ ທີ ່ ຊາວບ້ານໄດ້ຫັນໄປສູ ່ ຂະແໜງການອື ່ ນທີ ່ ບໍ ່ ແມ່ ນການກະສິກໍາແລ້ວ. ສະນັ້ນ , ຈ່ ງຶ ແນະນໍາວ່ າ ຂະບວນການ ຕດັ ສນິ ໃຈ ຫຼ ື ວາງແຜນ ຄວນມກີ ານພຈິ າລະນາເຖງິ ຄວາມແຕກຕ່ າງຂອງປະຊາຊນົ ຢ່ ູໃນແຕ່ ລະເຂດ. ສາມ, ຫກຼັ ການ ກ່ ຽວກບັ ຄວາມສອດຄ່ ອງຂອງສາກນົ (Code of Conduct) ເຊ່ ນັ : ການເຫນັ ດ ີ ເຫນັ ພອ້ ມ ໂດຍມກີ ານຕດັ ສນິ ໃຈຢ່ າງ ອດິ ສະຫຼະ ແລະ ມກີ ານແຈງ້ ລ່ ວງໜາ້ ຢ່ າງດຽວ ແມ່ ນບ່ ໍສາມາດ ຮບັ ປະກນັ ຜນົ ໄດຮ້ ບັ ທາງດາ້ ນບວກໄດ ້ ແຕ່ ມນັ ຕອບສະໜອງ ໂອກາດ ໃນ ການປຶກສາຫາລື ແລະ ການເຈລະຈາໃຫ້ແກ່ ຊຸມຊົນ. ສະນັ້ນ , ຫຼກັ ການເຫ່ ຼາົ ນ ີ້ ແມ່ ນຄວນເປັນເຄ່ ອື ງມທື ່ ສີ ໍາຄນັ ທ່ ນີ ກັ ລງົ ທນຶ ຕອ້ ງນາໍ ໃຊ ້ ແຕ່ ບ່ ໍ ຄວນຖວື ່ າມນັ ເປັນທາງອອກ ສໍາລບັ ການປົກປອ້ ງຜນົ ກະທບົ ດາ້ ນສງັ ຄມົ . ສຸດທາ້ ຍ, ເຫນັ ວ່ າ ການສ່ ງົ ເສມີ ການລງົ ທນຶ ໃສ່ ທ່ ດີ ນິ ເພ່ ອື ເປັນເຄ່ ອື ງມໜື ່ ງຶ ໃນການຫຸຼດຜ່ ອນຄວາມທຸກຍາກຢ່ ູເຂດຊນົ ນະບດົ ໂດຍການຫນັ ຈາກ ການອາໄສຊບັ ພະຍາກອນທໍາມະຊາດ ໄປສ່ ູການເປັນແຮງງານຮບັ ຈາ້ ງ ແມ່ ນມປີ ະສດິ ທຜິ ນົ ຖາ້ ຫາກມ ີ ບນັ ດາມາດຕະການທ່ ຈີ າໍ ເປັນ. ສະນັ້ນ , ຈຶ ່ ງເຫັນວ່ າ ລັດຖະບານ ຈະຕ້ອງໄດ້ພິຈາລະນາເລືອກ (trade-offs) ລະຫວ່ າງ ເປົ້າ ໝາຍ ຂອງການພັດທະນາ - ຕົວຢ່າງ ໂຄງການ ລງົ ທນຶ ຂະໜາດໃຫຍ່ ແລະ ນໍາໃຊແ້ ຮງງານຄນົ ເປັນຫຼກັ ອາດບ່ ໍປະກອບສ່ ວນຫຼາຍປານໃດ ຕ່ ໍກບັ ການເຕບີ ໂຕແຫ່ ງຊາດ ແຕ່ ມນັ ອາດສາ້ ງວຽກ ເຮດັ ງານທໍາໄດຫ້ ຼາຍກວ່ າ.
"This file contains the following press articles: 1) "Facts Kept from Mexico by Carranza. Rigid Censorship has been Placed on Newspapers, Letters and Telegrams"". THE SAN ANTONIO LIGHT, San Antonio, Texas, U.S. August 26, 1919 denounces the censorship imposed by Venustiano Carranza who does not allow a single U.S. newspaper to pass through and warns of the possible Spanish publication of the military pact between Scott and Obregón and notes that this would force Alvaro Obregón to reveal the facts as they were. 2) Statement to the press made by Gen. Obregón comparing his attitude against the hoarders in Mexico City in 1915 and those in 1919 who took the United States Government. 3) ""Mexico's Latest Bid for Attention"". THE LITERARY DIGEST. August 30, 1919. Analysis of the relationship between Mexico and the United States; oil company problems; and the attitude of the Carranza's government toward them. Also analyzes Carrancista politics, his zone of influence, Villa's power, and the inability of the government to apprehend him. 4) """Treaty Opponents Win New Votes; Carranza Warned on Intervention. Conflict is Predicted by Gen. Alvarado"". LOS ANGELES EXAMINER. Los Angeles, Cal., U.S. Sept. 6, 1919. Comments on an open letter that Gen. Salvador Alvarado addresses to Carranza, Gen. Obregón and Gen. González warning them of an imminent U.S. invasion if they do not pacify the population.He accuses Carranza of corruption and pushing his personal agenda; he considers the most serious problems of the country to be: the pacification, the organization of the army, the settlement of internal and external debt, problems concerning oil, complaints, the banking question; he demands that Obregón and González abandon the election campaign. 5) "Mex. Civil War in 6 Months Predicted". EVENING HERALD. Los Angeles, CA, U.S. Sept 6, 1919. He claims that if Mexico does not control banditry, the United States will have to intervene or civil war is inevitable. 6) "Claim Cantu gave U.S. False Report"". LOS ANGELES EVENING HERALD. Los Angeles, CA., U.S. Sept. 10, 1919. Reports of the kidnapping of two American pilots and the authorization that Governor Esteban Cantú gave to American troops to search for the missing pilots in Mexican territory. 7) "The History of the Oilfields. The vicissitudes of the Prospectors and the detestable laws that affect them are aired." Translation of an article (whose original version was not found) from THE ARIZONA DAILY STAR. Tucson, AZ, U.S. Sept. 12, 1919. Report on the statement made by Mr. E.H. Doheny, President of the Mexican Oil Company to the Subcommittee on Foreign Relations of the American Senate, in which he details the history of the oil fields and the vicissitudes they have had to overcome due to banditry as much as laws and decrees issued by Carranza. O'Doheny reports that he has had to pay rebellious bosses to receive protection and suggests that some Americans had received money from the Carranza government to work for Mexico. 8) Gen. Alvaro Obregón's interviews given to Mr. Kent Hunter, representative of the CHICAGO TRIBUNE newspaper. Typed copy in English with questions and responses. Gen. Alvaro Obregón answers questions concerning internal and external politics, and the position he will take on various issues if he is elected President. 9) ""Obregon's Argument is Shallow for the Facts are Against Him"". EL PASO HERALD. El Paso, TX, U.S. Sept. 13-14, 1919. Comments on the message Gen. Obregón gave to the American people in which he recognizes it would have been of great importance if he advocated against a Military intervention of the U.S., only if he becomes President of Mexico; they accuse him of not considering the outrage and death suffered by thousands of US citizens in Mexico and affirm that if a military intervention happens, it is to defend those lives. They acknowledge that Gen. Obregón is interested in harmonious relations with the United States due to the chickpea business he manages with U.S. merchants. 10) ""Plot Charge Traced to Mexico. Author Admits his Evidence Came from Publisher of Carranza Organ"". Information about the statement made by Mr. L.J. Debekker to the subcommittee of the Senate in charge of investigating Mexico. 11) "Obregon's Message". THE SAN ANTONIO LIGHT. San Antonio, TX, U.S. Sept. 15, 1919. Comments on the message given to the American people by Gen. Alvaro Obregón and the politics between the two nations. 12) Telegram signed by the A.P. informing of the progress of the presidential campaigns of Gen. Obregón and Gen. González. / Este legajo contiene los siguientes artículos de prensa: 1) ""Facts Kept from Mexico by Carranza. Rigid Censorship has been Placed on Newspapers, Letters and Telegrams"". THE SANANTONIO LIGHT, San Antonio, Tex., E.U.A. Agosto 26, 1919. Denuncia la censura impuesta por Venustiano Carranza que no permite pasar ni un periódico norteamericano y previene sobre la posible publicación en español del pacto militar celebrado entre Scott y Obregón y advierte que ello obligaría a Alvaro Obregón a revelar tal como fueron los hechos. 2) Declaración a la prensa que hace el Gral. Obregón comparando su actitud contra los acaparadores en la ciudad de México en 1915 y la que en 1919 toma el gobierno de los Estados Unidos. 3) ""Mexico's Latest Bid for Attention"". THE LITERARY DIGEST. Agosto 30, 1919. Análisis de las relaciones México-Estados Unidos; el problema de las compañías petroleras y la actitud del gobierno de Carranza ante ellas. Analiza también la política carrancista, su zona de influencia, el poder de Villa y la ineficacia del gobierno para detenerlo. 4) ""Treaty Opponents Win New Votes; Carranza Warned on Intervention. Conflict is Predicted by Gen. Alvarado"". LOS ANGELES EXAMINER. Los Angeles, Cal., E.U.A. Sept. 6, 1919. Comentan carta abierta que el Gral. Salvador Alvarado dirige a Carranza y a los Grales. Obregón y González advirtiéndoles de una inminente intervención norteamericana si no se dan seguridades a la población. Acusa a Carranza por la corrupción y por su política personalista; considera que los más graves problemas del país son: la pacificación, la organización del ejército, el arreglo de la deuda interior y exterior, el problema del petróleo, el de las reclamaciones, la cuestión bancaria; pide a Obregón y a González que abandonen la contienda electoral. 5) ""Mex. Civil War in 6 Months Predicted"". EVENING HERALD. Los Angeles, Cal., E.U.A. Sept. 6, 1919. Anuncian que si México no controla el bandidaje, los Estados Unidos deberán intervenir o la guerra civil es inevitable. 6) ""Claim Cantu gave U.S. False Report"". LOS ANGELES EVENING HERALD. Los Angeles, Cal., E.U.A. Sept. 10, 1919. Informa del secuestro de dos aviadores norteamericanos y de la autorización que el Gobernador Esteban Cantú da a tropas americanas para que los busquen en territorio mexicano. 7) ""La Historia de los Campos Petroleros. Se ventilan las vicisitudes de los Prospectadores y la Leyes Detestables que los Afectan"". Traducción de un artículo (cuyo original no se encontró) del THE ARIZONA DAILY STAR. Tucson, Ariz. E.U.A. Sept. 12, 1919. Informan de la declaración que rindió el Sr. E.H. Doheny, Presidente de la Compañía Petrolera Mexicana Limitada, ante el Sub-Comité de Relaciones Exteriores del Senado Norteamericano, en la que hace una historia de los campos petroleros y las vicisitudes que han tenido que sortear tanto por el bandolerismo como por las leyes y decretos expedidos por Carranza. Relata O'Doheny como ha tenido necesidad de pagar a jefes rebeldes para recibir protección e insinúa que algunos norteamericanos habían recibido dinero del gobierno de Carranza para trabajar a favor de México. 8) Entrevista concedida al Sr. Kent Hunter, representante del periódico CHICAGO TRIBUNE por el Gral. Alvaro Obregón. Copia mecanográfica en inglés con las preguntas y respuestas. El Gral. Alvaro Obregón contesta preguntas relativas a política interna y externa y a la actitud que adoptará en caso de llegar a ser Presidente, ante diversas cuestiones. 9) ""Obregon's Argument is Shallow for the Facts are Against Him"". EL PASO HERALD. El Paso, Tex., E.U.A. Sept. 13-14, 1919. Comentarios al mensaje que dirigió el Gral. Obregón al pueblo norteamericano en el que se reconoce que tendría gran importancia el que el Gral. Obregón se hubiera pronunciado en contra de la intervención de los E.U.A., únicamente si llegara a ser Presidente de México; lo acusan de no considerar los atropellos y muerte que han sufrido miles de ciudadanos de los Estados Unidos en México y afirman que si se da una intervención es para defender esas vidas; reconocen que el interés que el Gral. Obregón tiene en la buena armonía de las relaciones México-Estados Unidos se debe a que sus negocios de venta de garbanzo los hace con comerciantes norteamericanos. 10) ""Plot Charge Traced to Mexico. Author Admits his Evidence Came from Publisher of Carranza Organ"". Información sobre la declaración que rindió el Sr. L.J. Debekker ante la Sub-Comisión del Senado encargado de investigar a México. 11) ""Obregon's Message"". THE SAN ANTONIO LIGHT. San Antonio, Tex., E.U.A. Sept. 15, 1919. Comentarios al mensaje del Gral. Alvaro Obregón al pueblo de los Estados Unidos y a la política entre ambos pueblos. 12) Cable firmado por la A.P., informando del desarrollo de las campañas para la Presidencia de los Generales Obregón y González."
PEBRUARY, 1901 ooTheoo ettysbiir Mercury CONTENTS The Flight of the Birds 239 The Taking of a United States Census 240 Pan-American Sports 243 A College Romance 244 The Treatment of the Skeptic 246 A Glimpse of Byron 248 Giving 254 Exchanges 255 Editor's Desk 258 The Past Our Present Pilot 259 A Financier (Continued) 263 A Twilight Reverie 266 "Taps" 266 An Era of Progress 268 G'BURG C. LIB. pUPLICATE FAVOR THOSE WHO FAVOR US. For Fine. Printing go to Tk Jo Eo Wile ftkilm Staff CARLISLE ST. GETTYSBURG, PA. C. B. Kitzmiller Dealer In Hats, Caps, Boots and Douglas Shoes GETTYSBURG, PA. R. M. Elliott Dealer in Hats, Caps, Shoes and. Gents' Furnishing Goods Corner Center Square and Carlisle Street GETTYSBURG, PA. EDGAR S. MARTIN, ^CIGARS AND SMOKERS' ARTICLES Chambersburs St., Gettysburg Leadership IN THE CLOTHING and MEN'S FURNISHING Business It is strictly here—everybody knows it. Testimony? The stock itself. The pen suffi-ciently nimble to tell all the good points of our ::::::: PALL AND WINTER. SUITS AND OVERCOATS has not been found. We will keep you dressed right up-to-date if you buy your Clothing and Furnishings here. : : : : STINE McPherson Block. No. II BALTIMORE STREET THE GETTYSBURG MERCURY. The Literary Journal of Pennsylvania College. Entered at the Postoffice at Gettysburg as second-class matter% VOL. IX. GETTYSBURG. PA., FEBRUARY, 1901. No. 8. THE FLIGHT OF THE BIRDS. MARGARET (HIMES) SEEBACH. Not one by one on lonely wing, They seek afar a sunny clime, When winds a chill from ice-fields bring The sombre Autumn-time; But when the cold rain comes to beat On tattered nest and drooping feather, They rise in rushing flocks, to greet The South-land all together. Not one by one, as single souls, We seek thy sunshine, Land of Light, When o'er our love-lit sky uprolls The first black shade of flight. When Pain comes whispering, " Rise and go I I bring the heart's bleak winter weather," Our pilgrim souls clasp hands, and so We journey home together I 240 THE GETTYSBURG MERCURY THE TAKING OF A UNITED STATES CENSUS. C. W. WEISER, '01. HPHE book-agent or peddler may meet with a door slammed in * his face, a couple of cross dogs let loose, or an angry and citrous tongue set wagging ; he may even meet with the toe of a boot, or some missile hurled violently at him—poor man ! But the enumerator who is discreet and courteous has none of these weapons of local warfare to fear. His way is paved by the an-nouncement in the local papers of his coming. All the cross dogs seem to be away on a visit, or else tied. The people greet you with, " I knew you'd be along ; I saw it in the paper.'' He, unlike the wretched book-agent, starts out knowing that he is going to succeed. He is not asking the people, in an indirect way, for dollars ; all he wants is their census. "Well, you hain't a going to get any of my senses," replied one woman. The census enumerator learns lessons and acquires experience which could be obtained in no other way. He comes in contact with all sorts and condition^ of men. Some of his experiences with these people are indelibly fixed in his memory. Many of them, indeed, are pleasant, and some of them ridiculously humor-ous ; while some of the scenes and tales of woe which incidentally come to his knowledge are pitiable in the extreme. It is our purpose to relate some of these experiences in the active service. In town the work was pleasant, and progressed rapidly, until I came to the manufacturing establishments, where it went slow. It was necessary to make a complete inventory of the books and property, which took much time. The proprietors, however, acted in a very courteous manner. In the country the work was more troublesome, owing to the distance between the different farms, and the rough roads I had to travel over. It was not an unusual occurrence to be seen pushing a wheel up a hilly road, which was almost too rough even for a buggy. The farmers were usually to be found in a back field at their corn. This meant a long tramp, and some-times several hours spent standing out under a scorching hot sun filling out the Agricultural report, for no one kept a book ac-count. But this was amply atoned for by a cordial invitation to a farmer's dinner. The required statistics were freely given, except in the case THE GETTYSBURG MERCURY 2A\ of a few illiterate people, who thought that this was only a scheme for increasing taxation. I met one man only who was unreason-able. Him, no amount of explanation would satisfy, until fright-ened into answering by the presentation of my census badge. All in all, the farmers proved themselves to be a well read, intel-ligent, courteous and hospitable people. It was, however, among the poor classes in or along themoun-tain side where one met with the most varied experiences. We came in contact with poverty and illiteracy of the most flagrant kind. The lack of suitable food and clothing was most evident. Some of the narratives were heartrending. I rapped at the closed door of a little shack one June morning, and soon saw the hag-gard and disheveled head of a distracted woman peer through a sidewindow. Soon the bolts were drawn and the door was opened. After I had completed the Population Schedule, and asked for the cause of the death of her child, the poor mother answered in tones of despair that it had frozen to death in bed one cold mid-winter night. Perched in an agony of physical and mental torment, in a lit-tle black hovel, through whose single window peered the dim light, I found a murderess—an ex-penitentiary convict. The look of despair, and fear, and torment, mirgled with every sign of the wildest passion, were sufficient to make one shudder. After a long and lonesome journey on horseback, through the wildest and most picturesque mountains in the state, I arrived one mid-day on the top of a lofty mountain. Far below lay a deep, narrow vale, wooded with the verdant forest. On the op-posite side loomed up lofty crags and peaks, proud sentinels of a scene of native grandeur which few have ever beheld, and which brought tears of rapture to the eye. In all this grand and lonely fastness there were but four families, for two of which I had to make this long trip. They had never been to school. Had no-where to go to church. Creeping in among the bushes I came across some rude hovels, in which dwelt gnome-like creatures, who spoke a dialect scarcely to be understood. The chief object which showed of any com-munication with the outside world, which I saw in one hovel, was a tin cup filled with tobacco standing in the centre of a rough table. Of this both men and women smoked and chewed. I suppose it was their only consolation. When asked the date of 242 THE GETTYSBURG MERCURY their birth, the one replied that she was born in "the corn husk-ing time," another in the " huckleberry season." When asked their age, they simply couldn't tell; they hadn't the faintest idea. At another house I rapped at the door. A woman answered, and after I had stated my business she simply turned her back and walked away. I followed her into the house, opened my portfolio, and began work. When I asked the date of her birth she studied awhile and finally drawled out, "Why—m—1749." (She was about thirty years of age.) Another woman said she was born in 1896. One old man replied, " My mommy hut mir net gesat" (His mother hadn't told him). No doubt you will ask whether the condition of these people of the mountains cannot be helped. It cannot, at least in this generation. It has been tried. Some of the children have been brought out to the town schools, and after years of hard toil and unceasing, patient effort 011 the part of the teacher, these chil-dren have gone back as ignorant as when they came. They could not spell d-o-g or c-a-t. When given warm clothing they could not be induced to wear much of it. Habits of thought and neat-ness could not be taught to them. When they spoke to each other it was in such guttural, and so rapid, that no one else could understand. And is it any wonder that these people have become so de-praved and mentally estranged ? Isolated from the world, amidst wild and lone surroundings, they have always lived in the same spot where their ancestors lived for two hundred years back. Under such conditions the natural condition would be for these people to drift back towards a wild and animal state. Thus, coming in contact with the high and the low, the rich and the poor, it will readily be seen what a wide range for the study of humanity the enumerator has. Much of the social and moral condition of our country cannot be conveyed by the great round numbers of a census report. It remains buried in the heart of the enumerator. 'Many a dream has vanished away, Many an ideal turned to clay ; Many a friendship proved untrue— Constant and lasting, Oh, how few !" THE GETTYSBURG MERCURY 243 PAN-AMERICAN SPORTS. '"PHE President of the Pan-American Exposition recently appoint- *■ ed a Committee on Sports, as follows: Jesse C. Dann, Chairman, Dr. Chas. Cary, J. McC. Mitchell, John B. Olmsted, Chas. M. Ranson, Seward A. Simons, Wm. Burnet Wright, Jr. Soon after its appointment the committee invited the follow-ing named gentlemen to act as members of an Advisory Committee on Amateur Sports: Hon. Theodore Roosevelt, Walter Camp, C. C. Cuyler, C. S. Hyman (Canada), C. H. Sherrill, A. A. Stagg, Benjamin Ide Wheeler, Casper Whitney. The appointment of this Advisory Committee emphasizes the desire of the Committee to have all amateur competitions occupy the highest possible plane. The Stadium, with a seating capacity of 12,000, is beautiful in design and promises to be one of the most successful architect-ural creations of the Exposition. It will surround a quarter-mile track with ground area ample for the requirements of all the events proposed. As to the nature of the athletic events planned, it may be said that amateur sports of all kinds will be encouraged as representing the most desirable of athletic competitions, and the members of the Committee on Sports, being college graduates, particularly wish to make a special feature of college sports. In the manage-ment of inter-collegiate events, it is the desire of the Committee that the various college associations be invited to undertake as far as possible the arrangement of the necessary details connected therewith. Although amateur sports will comprise a large part of the program, it is proposed to have such a number of professional events as will allow visitors an opportunity to witness the athletic skill of the best professionals. The character of prizes that will be offered has not yet been definitely determined upon, but the assurance may be given that prizes will be awarded of value as lasting souvenirs of athletic success at the Exposition. It is proposed to arrange a number of college baseball and foot-ball games, and it is especially desired by the Committee that the Eastern Inter-Collegiate (I. A. A. A.) Track Meeting be held in Buffalo next year. An ideal program might be to hold in the Stadium the East-ern Inter-Collegiate Meeting, then the Western Inter-Collegiate 244 THE GETTYSBURG MERCURY Meeting; these to be followed by a Pan-American Meeting open to competitors in the two previous meetings and to representatives of other Inter-Collegiate Associations. Other Inter Collegiate events have been considered, such as La Crosse, Cross Country Running with start and finish in the Stadium, etc., etc. The Committee on Sports hope that the Exposition may have a full college representation. It is proposed to hold many other sports in the Stadium, the A. A. U. Championship, Lawn Tennis, La Crosse, Cycling, Association Football, Water Sports, Trap and Target Shooting, etc., etc. All communications should be sent to Jesse C. Dann, Chair-man; 433 Ellicott Square, Buffalo, N. Y. c*p A COLLEGE ROMANCE. '99. Thro' a painted window Soft the sunlight falls, With a rainbow beauty Lighting- up the halls— With a touch of glory, Gilding dim, old walls. Stately arching pillars Rise above the stair, On the carven columns Stone-cut faces rare; Here a laughing satyr, Tearful naiad there. Graven deep, long ages Each has filled its space, Keeping watch in silence O'er the classic place. Time has laid no finger On each cold, still face. Motionless in sunshine, And in shadow so, Heeding not unnumbered Feet that come and go. Oh, what fiue romances Must these statues know! THE GETTYSBURG MERCURY 245 Could each sculptured image Open lips of stone, Tell to eager listening Secrets it hath known, Bits of lore and legend, Of the days long gone! Once a dark-eyed maiden Lingered near the stair, And a fair-haired Junior Stood beside her there, With one strong arm resting Strangely near her hair. Eyes of brown are meeting Eyes of tender blue, Hearts are closer beating— Lips are Hearing, too, How it came to happen Neither ever knew. Just a hurried pressure, One keen moment's bliss, But the face above them Saw the stolen kiss. When had graven image Looked on sight like this? Years have closed the lashes Over eyes of brown; One page in life's story Folds forever down. Thro' the classic hallway Others trail the gown. Tho' the silent statue May recall full well That romantic moment, Yet a magic spell Ouardeth still the secret— It can never tell! c*P Howe'er it be, it seems to me, 'Tis only noble to be good ; Kind hearts are more than coronets, And simple faith than Norman blood. —TENNYSON. 246 THE GETTYSBURG MERCURY THE TREATMENT OF THE SKEPTIC. J. B. BAKER, '01. TVTHAT the world is to-day, she owes to the skeptic. Before " he walked among men, the race was inert and drowsy and dull. No systems of thought were conceived, no rational explanations sought. It does appear sometimes, however, in going back to mythic lands and mythopceic days, that they must have been, indeed, an active state. The grotesqueness of their various colored myths is sometimes taken as a proof of mental keenness. The multiplicity of their beings, and the variety of their functions, connected as they are with almost every conceivable phenomenon of nature, is said to augur a deep measure of mental acumen on the part of the authors, as well as the people who believed in them and honored them. But they are not the product of a mature analysis ; only the fancies of a dreamy childhood. Their golden fables were nothing more than the gyrations of splendid color to the yawning child who is just rubbing the scales of sleep away from his eyes. They are the capricious imaginings of an awakening mind. In this setni-somiioleut condition the sons of men were long enwrapped, and cared little to abandon it. When Thales, Anaximines, Diogenes and others appeared with their various creeds and myth-dispelling dogmas, they dis-turbed the lethargy of their fellows, and incurred the hostility of many. Their names became the targets of false accusation, and their teachings were branded as dangerous. But the world of philosophy is not unique in its antagonism to the independent thinker. The realm of science is its kin. There was a time when scientific men believed the world to be fiat. Columbus said it was round, and instantly the tongues of ridicule were loosened on him. Yet upon his hypothesis rest the important calculations of to-day. There was a time when the sage men of the world held that "lightning was an almost infinitely fine combustible matter, that floats in the air and takes fire by sudden and mighty fermenta-tion; also, that it was a physical expression of God's wrath against the insects He had created." Benjamin Franklin was too practical a man for such idle spec-ulation, and showed them their folly by the flying of his kite. THE GETTYSBURG MERCURY 247 No sooner had he seized the bolts of Zeus, however, and shat-tered their theory to the good of mankind, than he was charged with an affront to the Almighty himself. Protecting houses against lightning was said to interfere with the prerogatives of Deity, and when, three years after the experi-ment, New England was shaken by an earthquake, a Boston divine contended, in a sermon preached on the subject, that light-ning rods, by gathering the electricity from the clouds and ac-cumulating it in the earth, were the causes of the upheaval. There was a time, even later than that, when the stage-coach was the fastest mode of transportation, when steam locomotion was unknown and little thought of. George Stephenson went to work to construct an engine, and this is what the Quarterly Re-view had to say: "What can be more palpably absurd and ridicu-lous than the prospect held out for locomotives traveling twice as fast as stage-coaches. We would as soon expect the people of Woolwich to suffer themselves to be fired off in one of Congreve's cannons as to trust themselves to the mercy of such a machine going at such a rate." Another authority of equal prominence said that " the poisoned air of the locomotives would kill the birds." Waile still another insisted that " there would be no further use for horses." Such examples might be added to an almost infinite number, but would only strengthen a truth already quite patent. There is yet another sphere of activity in which the skeptic, or man of thinking, figures prominently, and that is the world of religious thought. Nowhere does dissension touch such a vital point in man's destiny, and nowhere has it been punished with greater severity. The men of courage, who gave us the heritage of a pure gos-pel, were men who felt the hand of inquisitional torture. They were men whose flesh and bones were blistered and charred by the fagots of fire; men who were driven about like the master they followed, with nowhere to lay their heads. We honor them, and mention their names with oracular reverence. But we are judging them all from the vantage ground of tested history. What shall be our attitude toward the skeptic of to-day ? Con-servatism might advise us to shun him as we would shun a ser-pent. Radicalism might tell us to be fearless and read his works. We shall not presume to answer the question, but consider it wise 243 THE GETTYSBURG MERCURY to resort to that sage old philosopher, who said, "Know thyself," and to a still higher authority, which says, "Know the truth, and the truth shall make you free." Above all things, whether we believe him or not, whether he is right or wrong, it is due to us to respect him for his independent thought and candor. "Honor the honest man. Earth rears but few. Only at God's white forge are such souls wrought. Rare honest man. His mind perchance sees truth In different forms from thine, yet honor him. Perchance his vision thy dim sight transcends And what to thee appears sublime and sure As the eternal hills, to him is but A bubble in the air. Perchance when thou Hast found the crystal spring whereof he drinks Thou, too, wilt quaff, and own the light divine." A GLIMPSE OP BYRON. HTHE meteoric career of this celebrated, but ill-starred poet has * been a subject of study for all lovers of literature and its makers. Meteoric, both because of its brilliancy and short dura-tion. Byron's popularity, in his day, was greater than that of any of his contemporaries, but it was much briefer and more in-constant, and to-day the general verdict pronounced by the read-ing public and literary reviewers, is against him. To-day men praise the highland ruggedness and simplicity of Scott's poetry; its bold irregularity and indifference to minor imperfections, claiming all to be the highest attributes of genius; they speak with unchilled ardor of Wordsworth: his great and sympathetic heart; his tender but manly verse, always sincere, often profound and ever, the genuine utterances of a true priest of the spirit; Southey and Coleridge are both loved and lauded for their large-ness of vision and poetic truth; but Byron who was hailed as he rose over the horizon in the artlessness and inexperience of his youth, as a star of the first magnitude, as the brightest orb in the firmament, is now almost universally despised and deserted; an outlaw under the ban of moral reproach and literary censure, he stands friendless in the gloom of his solitary exile. That Byron was endowed with rare natural gifts, that his poetry bears the evi-dence of exceptional powers are denied by no impartial reviewers; THE GETTYSBURG MERCURY 249 that his poems lack energy, emotional colouring, daring in in-vention and many of the less definable qualities of poetry cannot be rationally insisted upon; bat that his poetry is unfit for the hands and hearts of innocent and impressionable youth and that it revolts the moral sensibilities of the more mature in years and experience, as well as offends the literary taste of the cultured, are matters of fact, known to all students of English literature. This apparent paradoxical fact must be accounted for by the unfortunate accompaniments that attended and marred his genius. His powers were of the first order, but they were accompanied by a pessimistic and envenomed spirit, a haughty egotism—though this he endeavored to conceal,—and at last, what reversed his early successes, a growing affectation of contempt for public opinion or private regard. There was a mixture of literary and moral virtues with literary and moral vices in which the propor-tion of vice became predominant, and eventually prostituted his genius to the service of shame and folly in their most attractive and insidious forms. Censorship should not be unjust, not even unsympathetic towards this most to be pitied of poets. His works to be properly appreciated, and his unwholesome sentiment and thought to be viewed in a fair light, must be traced back to his sad life as their source of inspiration, and there though the works may justly be reprobated as unchaste and injurious,we cannot help, at least but partially exonorate their author, when we view the circumstances that gave them birth and determined their character. Born into the world with a tender but impetuous and some-what petulant nature, he was alternately visited with passionate caress and indiscriminate and vindictive disfavor by his mother, —caressed into self-will and pride, he was upbraided and scolded into ill-temper and defiance; his sensitive young nature was embittered; his strong propensity to love and crave it in return was here first disappointed and thwarted; here his spirit began to be discolored with that tinge of hatred and haughty contempt for human kind that disfigured his poetry and ruined his life. Leaving home with scarce a regret save that at the expiration of the school term he would have to return, he hoped to enter a more wholesome social atmosphere, to mingle among more active and congenial spirits, and there find that sympathy, trust and esteem for which his ardent young nature panted. His friendships, 250 THE GETTYSBURG MERCURY as may be imagined, were few but fast, nearly always broken, if broken at all, through his own petulance upon the most trivial occasions, but generally soon renewed with ties of stronger affec-tion and mutual respect. Precocious emotional susceptibility exposed him at a very early age to the vexatious experience of unreasoning loves. The mistresses of hisyouthful passions uniformly repelled his advances, little knowing that they were crushing a heart that would bleed, not for a day, or a week, or a month, but for a lifetime; that they were rejecting a passion, which, exalted by a sanctified home-life, would have provided and enriched every endearment of wedded felicity; but spurned with indifference in its first ventures, would turn to the madness of despair. The haughty pride of his untamed spirit was insulted at every turn; his keen sensibility to neglect or offense kept his resent-ment, against somebody or other, at white heat the greater por-tion of his life, making him new enemies, and decimating fre-quently the ranks of his friends—those who generally endured his eccentricities, and enjoyed his confidence and esteem. His first effort in poetry was a juvenile performance, with meagre promise of his later fame in it, written at school and pub-lished when he left the University under the title, " Hours of Idleness." It was assailed at once by Francis Jeffreys, the most celebrated critic of his day, in the Edinburgh Review. The poem, prefaced with a disavowal of all poetical aspira-tions and a cleverly written appeal to the clemency of the critics was condemned without reserve, its faults exposed with relent-less accuracy, and, in general, treated with so much ridicule and contempt that Byron was aroused, the latent powers of sarcasm and irony that lay sleeping within him were awakened, and he seized the pen and wrote with the energy and inspiration of a demon, "English Bards and Scotch Reviewers," venting indis-criminate calumnies upon all writers and critics of his day. This poem, though written in the rashness of youth, and in some re-spects inviting severe censure as " misplaced anger and indis-criminate acrimony," for the first time announced his real power. His skill in versification, the vigor of his thought, the terrible energy of his feelings, and brilliancy of sarcastic wit, proclaimed at once to England that no common man had risen, and prophe-cies were many and sanguine of his future fame. THE GETTYSBURG MERCURY 251 After having been rebuked by every journal, by critic and even friends for his unjust assault upon men of genius and merit, some of established reputation and venerated name, he became dissatisfied at home, and, conceiving his talents not duly appre-ciated, and himself slighted, he sailed from England and traveled throughout the continent, visiting Spain, France, Switzerland and Italy. During his tour he wrote the first two cantos of " Childe Harold." This poem, written in the verse of Spencer's " Fairie Queen," though often affectedly antiquated in style, and always darkened by skepticism and misanthropy, is energetic and manly in thought always, in spirit often, and his language is picturesque and expressive, conjuring from the world of fancy the weird but vivid and copious imagery that so uniformly characterizes all his poetry. This rhythmic tale is regarded as a poetical version of his own life, the central figure throughout the narrative no other than the haughty Byron himself, masquerading in an imperfect disguise. The spirit, the pictured career and dismal sentiments of the self-exiled hero, are all paralleled in Byron, though he strenuously denied their identity, alleging that Harold was wholly an inde-pendent creation, without an existing prototype, at least under his observation. The poet, however, in the fourth canto identi-fies himself with the gloomy pilgrim visiting earth's historic scenes, as if no longer caring to maintain his false character. All the poetry that followed was animated by the same spirit; characters were changed in name, but not in essence ; scenery was altered; the tale diversified by fresh incident; yet through it all stalked Harold's sombre ghost casting a shade of gloom and sadness over it, and breathing into it his philosophy of despair. Frequently Byron was bitter, but that in his attacks upon so-ciety, upon the virtues and excellencies of character, which most men admire and magnify, he was insincere, and did not give utterance to sentiments actually his own, only unsympathetic and misled readers dare assert. His poetry above any other of his age bears the stamp of its author's character, the seal of his spirit, though often gracefully concealed, and impresses the reader that whatever the scenes, whatever the characters, Byron is there and speaks from the innermost depths of his heart. "From the in-nermost depths of his heart," for in all his works the energy of his 252 THE GETTYSBURG MERCURY spirit burns with a blazing heat and like a kindled furnace throws its wild glare upon the narrow scene it irradiates; little difference whether he wrote of angels or villains, of princes or beggars, the torch of his thought and feeling was lighted at the same flame. This sombre color and despairing energy of his genius, though admirable in the proper place and proportion, makes it impossible for him to sympathize with the ordinary and more generous feel-ings of humanity. He could not elevate the simple and obscure life, the pure love, the trials, the sorrows, the tradegy and comedy of those low in station and humble in fortune, into the realm of poetic beauty as Burns; Nature had denied him the tender respon siveness of heart to song of bird, ripple of brook, the sigh of wind, which it so richly bestowed upon Wordsworth. Byron was fasci-nated by rugged scenery, by nature in her violent moods but never loved her for herself, and though his poetry abounds with allusions to and descriptions of mountain and lake, ocean and forest, they serve but to suggest by analogy some mood of man—and that mood how monotonously the same ! What a sublime range of character, what inexhaustible re. sources of human feeling, what a wealth of poetic mystery, beauty and truth investing diversified nature and human life were left un-touched by his master pen. Had his energy of spirit not been perverted and confined to the narrow channels into which it was forced, had his harp been tuned to more numerous and pleasing chords, who can say that with his exuberance of imagination, ca-pacity for reflection and poetic insight and art, Byron would not have been the chief ornament of his day and generation, his mem-ory cherished with fondest admiration, and his poetry a more per-manent and vastly more desirable addition to our literature. Of this sad fact Byron was not ignorant and often took occasion in his verse to rebuke his impetuous and monotonous strain of feeling and ardently prayed for tranquillity of spirit and soberness of mind. Serene landscapes, peaceful waters, inspired longings "to forsake earth's troubled waters for a purer spring." "Clear placid Leman," he cries, "once I loved Torn ocean's roar but thy soft murmuring' Sounds sweet as if a sister's voice reproved." During the early stages of his literary career he resolves but in vain to tame his wild passions and to think and feel as other men: THE GETTYSBURG MERCURY 253 "Yet must I think less wildly; I have thought Too long and darkly, till my brain became In its own eddy boiling- and o'erwrought A whirling gulf of phantasy and flame, And thus untaught in youth my heart to tame My springs of life were poisoned,—"Tis too late." The tragedy of a soul here seems to reach its catastrophe in the utterance of the concluding sentence: '' 'Tis too late !'' Byron here appears to stand on a commanding eminence and view with retrospective survey the irredeemable past, lamenting the errors of his way, but all "too late," and theu with sublime heroism to submit to the doom prepared for him, "to feed on bitter fruits without accusing Fate;'' to chide himself with the guilt of his own desolation: "The thorns which I have reaped are of the tree I planted—they have torn me and I bleed, I should have known what fruit Would spring from such a seed." His poetry thus is the musical wail of a proud yet broken spirit; a life with many shattered yet many vibrant strings; it is a feast of beauty attended by the unclean spirits of an unchaste mind, a song with the vigor and spirit of a march and the sadness and gloom of a dirge; the tuneful philosophy of a man who knew both too much and too little of himself and his fellow mortals, who in tempest and calm sailed life's pathless sea without chart or compass; a man with more than the usual powers of men, but destitute of their most common possession—character. "A wandering mass of shapeless fame, A pathless comet and a curse, The menace of the universe, Still rolling on with innate force Without a sphere, without a course." —TID BITS. Oh, many a shaft at random sent Finds mark the archer little meant; And many a word at random spoken May soothe or wound a heart that's broken. —SCOTT. 254 THE GETTYSBURG MERCURY GIVING. When God brought forth the world we're told, He did it by decree, , Just spake the word, and chaos rolled Into consistency. But when the race of human-kind To sin became a slave, Not all the words in Perfect Mind Could ransom, so He gave. He gave his child, the anointed One, The best in Heaven above, That man might learn through His dear Son How God indeed is Love. And so must we, if we would be Found walking in His ways, Show to mankind that sympathy, That gives as well as prays. A word well said may often thrill, A happy song may cheer, But souls will ne'er be won, until Kind deeds with words appear. They are the vessels that contain The oil of healing grace, And they alone can free from pain The deep-scarred human race. Then let our eyes be e'er alert, Our neighbors' want to see, Our hands and feet grow more expert To bear them sympathy. For thus it is, each little chance Improved, becomes a gem, Whose lustre shall fore'er enhance Our heavenly diadem. —ERNIE. e$P Three poets in three distant ages born, Greece, Italy and England did adorn ; The first in loftiness of thought surpassed, The next in majesty, in both the last. The force of nature could no further go; To make a third she joined the former two. -DRYDEN. THE GETTYSBURG MERCURY. Entertdat the Postojfice at Gettysburg as second-class matter. VOL. IX. GETTYSBURG, PA., FEBRUARY, 1901. ' No. 8 Editor-in- Chief, . A. VAN OR.MER, '01. Assistant Editors, W. H. HKTRICK, W. A. KOHLER. Business Manager, H. C. HOFFMAN. Alumni Editor, REV. F. D. GARLAND. Assistant Business Manager, WILLIAM C. NEY; Advisory Board, PROF. J. A. HIMES, LIT. D. PROF. G. D. STAHLEY, M. D. PROF. J. W. RICHARD. D. D. Published monthly by the students of Pennsylvania (Gettysburg) College. Subscription price, One Dollar a year in advance; single copies Ten Cents. Notice to discontinue sending- the MERCURY to any address must be accompanied by all arrearages. Students, Professors, and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE GETTYBURG MERCURY, GETTYSBURG, PA. EXCHANGES. [From the January TOUCHSTONE, Lafayette.] Our Contemporaries. I HAVE heard it said that we never have original thoughts; that even those which we consider original have been worked over in the minds of others who have gone before. It seems impossible, however, that two college men, apparently far sepa-rated, should have had thoughts so exactly similar, and above all, that they should have expressed them in language so similar, as have two men representing two of our prominent colleges. This is an age of psychological phenomenon, and the power ot one mind over another is unquestioned ; but, if the case under consideration comes under this head, there evidently remains a field of psychological research yet unfathomed. 2S6 THE GETTYSBURG MERCURY We ask the aid of those interested in honest college literary work, in the solution of the following mystery : In the Nassau Literary Magazine for October, 1900, was printed the MacLeau prize oration, entitled "An Ideal of American His-tory." In the Gettysburg Mercury for November, 1900, appeared an oration, entitled " Abraham Lincoln." We quote from these two articles, and print them in parallel columns. AN IDEAL OF AMERICAN HISTORY. Thirty-five years have gone by and the Republic is stronger than ever. The battle smoke of the civil war has rolled away, and to-day when we look into the clear past, our first glance meets the colossal figure of Abraham Lincoln. He is an American mountain—when you view minutely and examine care-fully each particular crag or fea-ture, how homely he seems ! But stand back half a century, behold the entirety—do you not see an Al-mighty hand ? We say an Ameri-can mountain, for you cannot think of Lincoln as a Grecian or a Roman, he is not English and certainly not French—he is ours, the man be-longs to. us alone, while his fame is the world's. Our broad country can no more contain that, than the present race can compute its dura-tion. Ages are the units which shall measure its extent, and eter-nity shall not behold it9 comple-tion. Let us for a while then con-sider him who, under God's provi-dential hand, more than any other, preserved our liberties and main-tained for us our national govern-ment. ABRAHAM LINCOLN. Thirty-five years have passed and the Republic is stronger than ever. The battle-smoke of civil war has rolled away, and as we louk into the clear past, our first glance meets the colossal figure of Abra-ham Lincoln. He seems a moun-tain— when you examine each par-ticular crag and feature, how home-ly he appears; but stand back half a century, behold theentirety—Do you not see the hand of God ! We wonder at him for his greatness, and we are proud of him that he is ours. We cannot imaging Lincoln as a Grecian or a Roman; he is not English and certainly not French —he belongs to us alone, but his fame is the world's. Our broad land can no more contain that than the present generation can esti-mate its duration; ages are the units which shall measure its ex-tent, and eternity shall not behold its completion. Let us for a while then consider him who, under God, more than any other, preserved our liberties and kept us as a peo-ple what we are. The Nassau Literary Magazine Princeton University Princeton, N. J., Jan. 29, 1901 Editor Gettysburg Mercury, « Dear Sir: You have probably noticed in the Lafayette Touchstone for January, 1901, in the department headed Our Contemporaries, that attention is called to two orations, one entitled "An Ideal of American History," which was published in this magazine in the THE GETTYSBURG MERCURY 257 October number and another, entitled "Abraham Lincoln," which appeared in your magazine for November. The opening para-graphs of the two orations are printed in parallel columns and are so similar that it leaves no doubt in our mind that either one was copied from the other or else both were taken from a common source. If you will read what the Toiichstonc says you will prob-ably come to the same conclusion. Now this matter should be sifted to the bottom and it is to the interest of both magazines to see that it is done. I send you a copy of the Lit. which contains "An Ideal of American History" and request that you send us the November number of the Mercury. Will you also state who wrote the oration on "Abraham Lincoln," when it was delivered, and when probably written. Also the home residence of the man who wrote it. "An Ideal of American History" was delivered here last June and won the Junior McLean Oratorical prize of $ioo. I trust you will appreciate the seriousness of this for both of us, and help me to find out the truth of the matter. Awaiting an early reply, I am, sincerely RALPH P. SWOFFORD. The above are self-explanatory. It but remains for the MER-CURY to clear away the accumulated mist, thus vindicating Mr. Heilman and his alma mater as well as the MERCURY. For this purpose we find sufficient testimony in Mr. Heilman's Statement. "March 9, 1900, I delivered the oration at Collegeville before the Pennsylvania Inter-Collegiate Oratorical Union; March 10, joined Glee Club on trip at Carlisle; March 19, returned to Get-tysburg from Glee Club trip and found awaiting me a letter from Princeton, written by a '97 alumnus of the Harrisburg High- School, whose classmate I had been for about 9 mouths. The letter asked me to send a copy of my oration for a few hints and ideas, as the '97 alumnus was preparing an oration soon to be de-livered. Sent copy of oration to Princeton March 20th or 21st. Handed oration to Dr. Himes in competition for Geis Prize— third number. [The third production for the Geis prizes is due May 1st.—Ed.] Have not seen the manuscript since." The oration came into possession of the MERCURY from the Geis prize committee through Dr. Himes, before the close of 258 THE GETTYSBURG MERCURY college in June. We published it in the November MERCURY, and the original manuscript is still in our possession. We hope the above is a satisfactory explanation—that it is not necessary to ramble through that "field of psychological research yet unfathomed." It is to be hoped, further, that this, as a warn-ing to college men, may prove beneficial. Gettysburg does not suffer from the "mix up;" indeed we may feel complimented that one of our men wrote the oration that won the MacLean prize of $ioo at Princeton University, knowing that it was not sent for the use made of it. Princeton, come out. Lafayette, give us due credit. S. A. VAN ORMER, Ed. MERCURY. EDITORS' DESK. Following the custom of former years, no January number of the MERCURY was issued. The question of special programs in our literary societies is be-ing discussed. That they have merit no one will doubt; but whether they should occur so frequently is, indeed, a question. The object of the societies is to train their members for the duties that shall rest upon them in years to come by assisting in and completing that harmonious development that shall send the col-lege student into the world well-rounded. Our discoveries in science have been made by men who worked in seclusion; our masterpieces in literature and in art have not been wrought before the gaze of cheering throngs; the men who have "moved the masses" in days agone have frequently talked to the ocean's waves and the forest's trees. Young men, that they may be successful, must cultivate the habit of working with-out artificial stimulus. As this is the last issue of the present staff, we desire to ex-press our appreciation of the hearty support we have received from those interested in THE MERCURY. We have at all times had sufficient material on hand. Whether or not we have selected wisely the material used, others must determine. We have tried THE GETTYSBURG MERCURY 259 to maintain the standard formerly held by THE MERCURY among the college journals of the State. In conclusion, we remind the Professors, Students and Alumni of Pennsylvania College that the standard of her journals have much to do with her success ; and we bespeak for the new staff the same hearty support given us, that the literary journal of the institution may be worthy ot Pennsylvania College. THE PAST OUR PRESENT PILOT. CHAS. LEONARD, '01, Reddig Junior Oratorical Prize. ■CAR back through the dim, dim vistas of the ages, when chaos, ■*■ darkness and void had receded in obedience to the eternal fiats of the Omnipotent, to give place to cosmos, light, and cre-ation, there appeared in that creation a creature whose progress and destiny have been the objects of the concern of two worlds. The earth was man's birthday present. "Go forth and subdue it" was the divine commission, and the history of the race is the story of the warfare that has been going on ever since that com-mission has been received. As the nineteenth century gates swing on their hinges, soon to shut into the hoary past another century, we feel like one who is leaving the harbor to sail an untried sea; in whose vision friends throwing kisses of good-by, and waving handkerchiefs for a suc-cessful voyage, are fast fading from view, and from whose sight the well beloved shore is receding and has at last merged into the misty horizon overhanging the deep. In the stately ship of civilization we are about to launch on a trackless ocean. Farewell to the past—only its lessons are any longer ours. Welcome the future, in which we are to live and act! I^et our prayers be united that our majestic ship may clear all the dangerous rocks that lie just beneath the surface, any one of which may prove fatal to the progress of the "Ship of State." As we stand at the stern of the vessel, looking out upon the watery expanse stretching into eternity on either side of the wake, with our mind's eye we take a retrospective glance into the history of the past. We look into the realm of discovery and we note that the most important contribution of this realm to civilization has been the discovery of laws in the moral and the physical universe. 260 THE GETTYSBURG MERCURY Ages ago the minds of men craved to understand the laws of the heavenly bodies, and the skies did speak to the old Chaldean shepherds, but in an unknown language. They were transported by the rich melody of the spheres, but could not appreciate or understand the celestial anthem. Ptolemy listened and caught a few scattered words; Copernicus hearkened and caught the first full sentences: Kepler and Newton gave us the first translation of the rythmical language of the heavenly orbs. Thus we see the gradual development of the scientific spirit in the presence of which truth has always unveiled her face and made herself known, as she has come to answer the everlasting "Why?" of science. In philosophy the same development is strikingly real. Man in his eagerness to answer the two questions concerning himself of "Whence?" and "Whither?" at first indulged in speculations that seem to us to the last degree chimerical. Twenty-five centuries have made but comparatively few changes on the face of the material world. A Greek of the fifth century B. C. might still find his way without difficulty from town to town of his native Hellas, and recognize at a glance the scenes of his childhood days, but he would find the world of thought a new creation or rather the old so transformed as to be unrecognizable. We have emanated from the mist and fog which enveloped the old Pagan philosophers. We have transcended the highest thought of grand old Socrates. Thought can no longer be said to be "An infant crying in the night, An infant crying for the light, And with no language but a cry." In the sunlight of truth this infant of thought has grown to a great stature, though it has not yet attained the perfect symmetry of maturity. The discovery of laws has been just as important and extensive in the social and political world as in the realm of philosophy. Every century has been an improvement over the preceding. Nations have been born, grown up, and died, while history, the coroner of the fallen empires of the past, has declared at the autopsy, "The cause of death was the result of a departure from law, either undiscovered or disobeyed" and standing, a silent sentinel, in the ashes of their former glory, pointing her finger toward the future she says in prophetic voice to all surviving nations "Beware!"— THE GETTYSBURG MERCURY 261 a word so full of meaning when uttered by such an authoritative voice. Are we heeding this long sounded warning? Shall we dare say that the past is meaningless? Shall we not profit by the wise instruction it has to give? The Mu