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The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach.
Cesare R. P. Romano, of the New York University Center for Global Cooperation, argues for and advocates arbitrative processes as the most tenable means of solving transboundary conflicts over the impacts of environmental pollution as well as access to natural resources. Against the backdrop of the thus far immortal principle of sovereignty, Romano eschews traditional explanations of the process by which nations settle these disputes in this important, comprehensive, and very readable book that surveys and reviews the classic conflicts of international environmental law.
Romano introduces his authoritative and comprehensive work with an analysis of the existing treaty framework in which the conflicts have had to be resolved. He suggests that the present regime is not productive as the literature (and our hopes) might suggest, especially if the outcome is an analogue of national legal systems in which someone is found eventually at fault, and compensation is the natural right of the victorious litigant. Instead, he views arbitration and non-compliance procedures as more effective means of resolving transboundary international environmental disputes. Romano accepts the reality of sovereignty as a construct and entrenched obstacle that frustrates the search for a just resolution of environmental wrongs when redress is sought from nation states. He does, however, briefly consider current trends to fashion non-traditional organs of justice as well as increased roles for non-state actors in global environmental problem solving.
In distinguishing international environmental disputes, Romano's book at its outset develops the parameters of such disputes. He argues that sifting such conflicts from the ocean of international conflict is difficult because many, indeed nearly all, conflicts between nations have their origins in environmental impacts and resource allocation and access. Nonetheless, his study considers dashes over impacts by nations and their nationals which are caused by declining natural resources availability. In fact, Romano draws no theoretical distinction in his consideration of transboundary contamination and struggles to maximize shares of natural resources. Romano demonstrates that resolution of either aspect of environmental conflict is resolved within the context of existing modes of international dispute resolution, which, in his view, remains the negotiated treaty model that strives for a "win-win" outcome.
Indeed, Romano's book, an expansion of a remarkable dissertation, is most effective and useful in its detailing of the trends of dispute settlement procedures in multilateral treaties. His analysis exposes the complexity of these procedures while highlighting common aspects that resonate in more than 270 environmental treaties. Romano demonstrates that environmental conflicts are resolved through a process that mimics the negotiation of treaties--whatever the subject. The ultimate resolution resembles an incident-specific solution-cum-treaty.
Romano maintains that negotiation of environmental treaties replicates the process by which nearly all disputes between nations are resolved (where there is no resort to the instruments of coercion or the use of violence, viz, warfare). Romano's study is thus important for its development of how treaties assist nations to take advantage of institutionalized procedural trends while granting them some range of choice as to the actual process invoked. For example, recent multilateral treaties provide for compulsory conciliation as a condition precedent to the use of more formal processes, such as resort to the International Court of Justice ("ICJ"). Also, recent agreements have recognized the importance of non-governmental organizations ("NGOs") and third party intervention.
However, the emergence of non-compliance procedures has been the most remarkable development in multilateral accords. So while the nearly exponential increase of multi-nation accords with respect to the environment has increasingly formalized dispute resolution, such adjudicative processes are often by-passed for non-compliance procedures. The emergence of non-compliance procedures, since the "success" story of international ozone protection, fuels Romano's pragmatism in his view of international environmental/resource dispute resolution. In his view, states rarely subordinate sovereignty and its duster of "values" to international adjudication of arbitration, preferring the non-confrontational multilateral methodology of non-compliance procedures. He also points out that the monumental, most intractable, and finally most threatening environmental problems such as global warming and ozone depletion do not fit the traditional state-to-state tort model of bilateral, transboundary contamination. Rather, problems such as deforestation or even species extinction are at least regional and, at worst, global. Violators in such instances are responsible to the collective global community, not to sovereign rivals across an international boundary line.
As the ozone protection regime illustrates, non-compliance regimes depend on a network of accommodating international regimes, buttressed by international law. Such regimes, such as that established in Montreal, provide an evolving institution which keeps pace with metamorphosis in the relevant science and provides for expansion of the original terms of the original treaty establishing a secretariat. Sovereignty is protected for each of the nations that participate in the regime to a far greater extent than the uncertainty intrinsic to third-party adjudication. Romano, in fact, concludes that non-compliance procedures have a prophylactic function. They succeed precisely because nations agree to their terms on an evolving and negotiated basis and do not commit them afortiori to legal obligations that may prove, in their view, to be ruinous.
Nonetheless, Romano contends that an additional advantage of non-compliance has been some increased support for adjudication through what he terms a "mature" stance towards adjudication. The increasing pervasiveness of adjudication clauses in multilateral treaties is evidence that states are, in many instances, willing to accept third party determinations as a means of ultimately resolving disputes. This willingness to accept a resolution by a "neutral" decision-maker is, however, hedged by a lack of compulsory jurisdiction for international adjudication. Thus, states commonly make it clear that International Court of Justice jurisdiction is subject to the capacity of states to withdraw from its jurisdiction when disputes are submitted to it by opposing sovereigns.
However, the "mature" stance towards legally-binding adjudication has not been evident when it comes to climate change. Despite the U.S.'s absence at the July 2001 climate talks in Bonn, Germany, Japan thwarted a legally-binding non-compliance procedure for the Kyoto Protocol. (3) This current lack of legally, binding consequences for non-compliance results in nation's carbon emission commitments from the already negotiated first phase of reductions spilling over into the yet-negotiated second phase--with 30% of the non-complying nation's original reduction commitment added to the total carbon reduction requirement. (4) Because the parties to the Kyoto Protocol have not yet negotiated the second phase of reductions, non-complying nations may rely on the negotiation process rather than brave any legal consequences. (5) The evolving, negotiated nature of non-compliance procedures, as described by Romano, trumps calls for compulsory international adjudication. Some agree with Romano that in order for Kyoto to be successful, its non-compliance procedures must remain flexible and evolving, like those of the Montreal Protocol. (6) The success of Kyoto's non-compliance procedure appears to rest on the protection of sovereignty of member states by permitting the system to evolve over time.
Romano, not incidentally, discusses with great facility and comprehension the role of the ICJ in international environmental disputes. However, he does not discuss other, sometimes compulsory, adjudication contained in such multilateral agreements as the United Nations Convention on the Law of the Sea ("UNCLOS"), the World Trade Organization ("WTO"), and regional entities such as the European Union ("EU") and the North American Free Trade Agreement ("NAFTA"). In the end, Romano believes arbitration succeeds because on an ad hoc basis states can determine the choice of law, rules of procedure, and time frames of the process. One consequence of practical significance is the expensive and time-consuming nature of the process, given the threshold issues that must be resolved. Thus, real obstacles to resolution remain even if substantive issues are not yet reached for discussion. Arbitration's dynamic nature is also its most significant disadvantage. An additional advantage to the reader, however, is that Romano's expert comparison of the provisions of the various treaties provides a subtle and comprehensive overview of the arbitration process.
As a prelude to the introduction of the many and highly readable ICJ case studies which make up much of the book, Romano discusses the ICJ in sufficient detail for one to understand the tribunal's intrinsic limits, and thus the modest outcomes of its deliberations. The Court decides cases only upon mutual conference of jurisdiction or if the given bi-lateral or multi-lateral agreement stipulates that the ICJ shall serve as a forum. Optional declarations of jurisdiction are sometimes a feature of treaties.
Romano describes the recent development of the ICJ chamber on Environmental Matters. The chamber's creation may reduce the possibility of the ICJ losing some of its functions to other international adjudicative bodies, such as the proposed International Environmental Court. Advocates of this new court are driven by the interests of non-state entities, such as private litigants (receptors of the effects of transboundary pollution unrepresented by their national governments) or NGOs, whose environmental passion is sometimes stronger than their national prejudices or even loyalties. Possibly, the activation of this body will not only undermine the ICJ's proposed chamber, but will also pose a threat to sovereignty-linked dispute resolution. And, of course, the greater the threat to sovereignty, the less likely there will be a resolution which will protect the environment more than the national interests of the states involved, narrowly conceived.
Interestingly, individuals and NGOs attempted to bring claims against France for its nuclear testing in the South Pacific in the mid 1990s. Complaints were filed before the European Commission of Human Rights, the' Human Rights Committee, and the Court of Justice of the European Communities--all of which determined that they had no jurisdiction. In this conflict in which nuclear contamination posed the potential to radiate a significant part of the planet's largest expanse of water, the organs of international justice were largely impotent.
Much of Romano's work is devoted to exceptionally well-done case studies of celebrated international environmental disputes. Commencing with the Bering Sea Fur Seals arbitration, the book continues its surveys with other conflicts that turned on marine biological resources: Icelandic Fisheries Jurisdiction, or the Icelandic/English Cod War, the Canadian-Spanish Turbot, and the Southern Bluefin Tuna conflict. Three cases involve disputes about international watercourses: Lake Lanoux, Diversion of the Meuse river, and Gabcikovo-Nagymaros. Three classics of transboundary pollution complete the case studies: Trail Smelter, 1966-1972 French Nuclear Tests, Phosphates of Nauru. Each study describes the settlement process employed, the legal pleadings and awards granted. Of equal consequence, Romano devotes attention to the environmental outcome and whether the adjudication was protective or ameliorative.
Of Romano's case studies, the Turbot dispute between Canada and Spain (represented by the EU) best exemplifies his thesis. In 1994-1995, the dispute flared up when Canada enforced its domestic fisheries protection laws beyond its 200-mile exclusive economic zone against Spanish trawlers. While proceedings before the ICJ dragged on for three years after the conflict (ultimately ending with the case being thrown out for lack of jurisdiction which Canada refused to grant), the legal issues that were to be argued were ultimately solved through negotiations and international agreements within a few months. The EU and Canada signed a bilateral agreement within six months of the conflict and four months later the UN Convention on the Law of the Sea Relating to the Conservation of Straddling Fish Stocks was adopted. These agreements brought a solution to the dispute, supporting Romano's thesis that international environmental disputes tend to be solved through negotiation between nations rather than international adjudication.
Central to Romano's book is his belief that adjudication will not solve the global environmental "problematique," to use Guruswamy's phrase. (7) He believes that international adjudication will always be enveloped by the wider political context in which environmental problem solving must necessarily occur. He does, however, concede the utility of the Court as a subtle coercive force influencing states to solve environmental and resource access disputes through diplomacy rather than the time-consuming and unpredictable process of ICJ decisions. Also, the ICJ can be helpful in its articulation of manageable and brightline legal principles that may form the common law basis of subsequent dispute resolution. Nonetheless, whatever the case for the ICJ, Romano argues that its decisions have not been determinative in the solution of environmental problems, for no other reason than the requirement that states relinquish sovereignty.
Arbitration/mediation in the end shapes the reality of environmental conflict resolution. Its capacity to adapt to evolving scientific discovery and the consequent flexibility this gives the negotiating parties makes the process more realistic, and thus more fruitful. Multilateral treaties, which include in some cases non-compliance processes, will shift the "action" away from the traditional modes of judicial decision.
Romano predicts, and indeed hopes for, an increased role for private parties and NGOs as significant players on the international scene, citing examples of international dispute resolution entities that grant some access to non-state actors. However, consistent perhaps with the pragmatism which he argues underlies his view, he leaves hopes unexplored. This path not taken is, however, one which merits further consideration in this essay.
Access to international dispute resolution bodies by non-state actors concerning environmental protection has been limited at best. The United Nations Convention on the Law of the Sea ("UNCLOS") is the first to accord status to NGOs in the dispute resolution process. Most international environmental institutions lack forums with jurisdiction to resolve international environmental disputes between nations, more less provide a forum for private actors. Some individuals and NGOs have gained a measure of success in airing international environmental disputes in domestic courts. Bringing international environmental cases in international judicial bodies like the ICJ has thus far eluded non-state litigants because jurisdiction is limited to state actors. (8)
Several regional bodies have provided some access for private parties, but non-state party standing has yet to substantially take root in the world of multilateral international environmental judicial regimes. (9) At first glance, it would seem that a lack of private party standing in international environmental dispute resolution bodies conforms with traditional jurisdictional limits between sovereign states. However, international bodies that do grant standing to non-state parties now outnumber those with limited state-to-state jurisdiction. (10) However, these bodies generally do not have an environmental focus. (11)
Non-state party access to international environmental dispute resolution remains limited at best, despite the liberalization of international trade. Even before the rise of the WTO and regional international trade blocks like the EU and NAFTA, non-state parties had access to international dispute resolution bodies when the issues disputed concerned economic interests in trade, investments, labor, etc. Thus, while the cries for the free will and self-determination of sovereignty outweighed calls for a more organized international system, international institutions granting private parties access to resolution of economic disputes thrived. Despite minor participation by non-state individuals and NGOs in global environmental and human rights disputes, the WTO and regional organizations have thrust forward the trade liberalization cause by granting increased participation for non-state actors in trade disputes.
However, international trade is inherently linked to the health of the global environment and non-state actors are beginning to sneak their way before international trade dispute resolution bodies. While the doors to ICJ remain closed to non-state actors, private parties are beginning to gain a voice of their own in international environmental disputes through trade dispute resolution bodies designed to further international trade. The following limited survey of several major international bodies that grant limited access to private parties uncovers the opportunities and limitations that these bodies provide.
A. Existing International Forums for Non-State Actors: The Inspection Panel
The World Bank Inspection Panel ("Inspection Panel") is one of the only international dispute resolution bodies that is specifically designed as a forum for non-state actors to bring environmental and human fights disputes. Created in 1993, the Inspection Panel is the World Bank's most significant effort to reach out to the non-state community of NGOs and individuals to formally dispute the Bank's decision-making process. (12) The specific purpose of the three-member Inspection Panel is to permit private citizens who feel that projects sponsored by the Bank adversely or potentially harm their fights and interests to register complaints for review and inspection. (13) To date, the Inspection Panel has received complaints against twenty Bank-sponsored projects. (14)
So far, results from the Inspection Panel's reviews have ranged from Bank management's complete withdrawal of Bank support of development projects to reassessment of Bank projects. These remedies, however, are not usually a result of Inspection Panel decrees. Instead they are generally the result of the indirect pressure applied to Bank lenders when Bank projects' flaws are exposed through review and inspection by the Panel. (15) Still, review is only limited to Bank projects that receive complaints from private parties. Thus, the Inspection Panel's jurisdiction is limited only to Bank projects.
The Inspection Panel's jurisdiction is limited to complaints from a group of persons with common interests affected by a Bank act or omission due to a violation of Bank policy. (16) Also, the request for review is only available after all of the avenues of review through the Bank's management have been exhausted and the loan has not yet dosed or been ninety-five percent disbursed. (17) Third-party members of the global community, however, may submit supplemental briefs to the Inspection Panel for consideration. These memoranda often provide important technical information from NGOs with members not directly impacted by the project at issue. (18)
Even though the Inspection Panel is an international body that allows private actors to raise environmental disputes, subject matter before the Inspection Panel is limited to the activities of the Bank. Even further, the Inspection Panel is limited in that it may only review whether the Bank observes its own policies and procedures. The policies and procedures may not be reviewed themselves. (19) The Inspection Panel is a small, limited window for non-state actors to access quasi-judicial processes and norms of providing a forum to hear and investigate complaints. Its narrow focus on administrative oversight does not permit it to come close to addressing private party's international environmental grievances beyond the scope of World Bank loans.
B. Non-State Actors on the High Seas
Unlike the terrestrial Inspection Panel, the International Tribunal for the Law of the Sea ("ITLOS") is a more traditional international tribunal. The tribunal is required to employ other international treaties and customary law within its decision-making, as well as the specific provisions of UNCLOS. While ITLOS may hear any international dispute over a contract or the terms and obligations of UNCLOS (including fifty-nine of its three hundred and twenty provisions specifically dedicated to environmental protection), (20) the tribunal's jurisdiction is mostly limited to disputes between states. However, ITLOS's Sea-Bed Disputes Chamber is permitted to hear cases between states and non-state actors. (21)
But ITLOS accessibility is deceptive. The Sea-Bed Disputes Chamber is the organ of ITLOS with specific jurisdiction over all disputes concerning the exploration and exploitation of the seabed area. (22) Private, non-state actors are permitted to be parties in deep sea mining disputes before the chamber, but only for the purpose of interpreting contractual obligations. (23) Thus, corporations that make up the future sea-bed mining industry would be the only non-state parties with access to the tribunal. No individuals or NGOs would be permitted to raise environmental issues before the tribunal because these cases would not have the applicable contractual subject matter. Although the future private sea-bed mining industry would have access to the tribunal in these limited circumstances, to apply for permission to mine the deep sea-bed under UNCLOS industry must be sponsored by their own state government. (24) Thus, state sponsorship is at least initially required to gain access to ITLOS, even for private corporations. Still, states yield a little sovereignty to the contractual interests of the corporate mining industry, but the doors to ITLOS's Sea-Bed Disputes Chamber remain closed to non-state actors seeking environmental justice.
C. Access to the WTO Dispute Settlement Process
Private party access to information from behind the dosed doors of WTO dispute settlement panels has been scarce, and private party access to the dispute settlement process is almost non-existent. (25) Under the WTO, Panels and the Appellate Body may only consider trade complaints and third-party intervention submitted by Member Governments. (26) The powers of the WTO's dispute settlement bodies are not trivial, with the strength to rule that nations must abolish or amend domestic law deemed trade restrictive or face trade sanctions. Thus, under the WTO, Member States yield a great deal of sovereignty in the name of free trade. The WTO's lack of transparency and disregard for nonstate actors is well noted, but despite private parties' lack of locus standi, NGOs are beginning to pierce the WTO's fierce facade.
In the famous dispute over a U.S. ban on shrimp imports from countries that did not require sea turtle excluder devices on shrimp nets, the WTO Appellate Body overturned a lower panel decision holding that the panel could not consider supplementary environmental briefs submitted by NGOs. (27) While the Appellate Body did not rule that the panel had a legal obligation to use the NGO briefs, it held that panels have the discretion to accept unsolicited non-state submissions. (28)
Thus, non-state actors may now submit briefs directly to the panel and the panel must at least consider the briefs before they can be dismissed. (29) While supplemental briefs can be submitted by NGOs on environmental issues, access is also available to any private party, opening the possibility of corporate access to WTO panels. Although the doors to bringing actions before the WTO's dispute resolution panels remain tightly closed to non-state actors, private parties reached the first steps toward these doors when they were permitted to provide technical and legal guidance on environmental matters through supplemental briefs.
Under the WTO, state sovereignty to make domestic trade policy is easily surrendered in favor of the smooth flow of global trade, while, at the polar opposite, sovereignty is closely guarded by limited access to the WTO's dispute resolution system. Nations were eager to discard sovereignty in the name of a liberal global economy, so long as they could be sure environmental regulations would not get in the way. Thus, because the WTO deems all other international environmental law irrelevant and limits standing to Member States, even if private parties raise issues based on international environmental treaties signed by every WTO Member State, environmental issues raised by non-state actors are excluded from WTO dispute resolution. (30)
D. NAFTA's Private Party Access
While private actors have made scant progress in accessing the WTO's state-to-state dispute resolution, NAFTA willingly provides non-state access to dispute resolution forums. (31) Under NAFTA, non-state actors have standing to international dispute resolution when the non-state actor is an investor from one of the three NAFTA Member States and the non-state actor has made or is seeking to make an investment in one of the other NAFTA Member States. (32) NAFTA's "side agreement," The North American Agreement on Environmental Cooperation ("NAEC"), also provides a forum for private parties to bring complaints before a trilateral Commission for Environmental Cooperation ("CEC"). (33)
NAFTA's Chapter 11 provides for arbitration for investment disputes through international systems that already exist: the World Bank's International Center for the Settlement of Investment Disputes ("ICSID"); the ICSID's Additional Facility Rules; or the rules of the United Nations Commission for International Trade Law ("UNCITRAL rules"). (34) Although the arbitration provided under Chapter 11 equalizes state and non-state actors under international law, it is only available to non-state actors in investment disputes. (35) Thus, while private parties have access to arbitration for investment disputes, dispute resolution is limited for environmental disputes. (36)
Interestingly, because cross-border investment involves issues that impact the environment like vehicles and transportation, telecommunications, and agriculture, NAFTA indirectly grants access for investors to these environmental issues. (37) Here, NAFTA grants standing under Chapter 11 for cross-border private investors in investment disputes with Member States, not other citizens who may have an even greater stake in these environmental disputes.
However, NAFTA provides private party access to environmental dispute resolution under the NAEC side agreement. NAEC foremost requires member states to provide private parties access to environmental remedies within each member state. While the NAEC requires member states to enforce their own environmental regulations and standards, indirect private access to international environmental dispute resolution is available through this side agreement. The NAEC's CEC Secretariat may issue Article 13 reports on environmental matters to the CEC Council of Ministers, made up of member-state cabinet officials. (38) Unless rejected by a two-thirds majority of the Council of Ministers, private parties may petition the Secretariat to issue Article 13 reports. (39) The information made available in these reports has resulted in U.S. and Mexican government environmental clean-up and information exchange concerning air pollution impact on migratory birds. (40) Thus, by petitioning the Secretariat for Article 13 reports, private parties have a voice in rousing investigation and exposure of cross-border environmental problems.
More directly, under Article 14, non-state parties may submit complaints (called Submissions on Enforcement Matters ("SEM")) concerning workplaces, enterprises, or sectors that produce goods or services addressed by NAFTA/NAEC to the Secretariat that allege a party is not enforcing its own environmental laws. (41) If the Secretariat finds that the SEM deserves a response from the member state in question, the Secretariat may then develop a factual report to the Council, upon two-thirds approval by the Council. (42) The report is presented to the Council, which, upon another two-thirds approval, may release the report to the public. (43) While public exposure is the only sanction available to private parties under Article 14, it has resulted in member-states abandoning environmentally harmful decisions. (44)
Article 14 complaints must first clear many hurdles to be accepted by the Secretariat. First, all internal, domestic private remedies must be exhausted within the national system before the Secretariat will receive the complaint. (45) Second, because NAAEC excludes issues arising from occupational health and safety and natural resource exploitation, the complaint must not address claims over these issues. (46) Third, alleged government inaction must not be due to a reasonable exercise of official discretion in investigation, prosecution, regulation, and compliance. (47) Fourth, Article 14 complaints must be aimed at promoting enforcement rather than "harassing industry." (48) Fifth, complaints must be filed in a timely manner. (49) Finally, while personal standing for the complaining party is usually found liberally, because NAEC is focused on compliance with existing domestic law, complaints can be raised against legislative action. (50) Once a complaint clears each of these standing hurdles it may be filed. Thus, despite the access provided to non-state actors under Article 14 of NAEC, the submission must still weave through a maze of standing requirements. Still, NAFTA's NAEC provides an international forum for private parties to bring environmental disputes.
E. Access for Investors: The ICSID
Although the ICSID has served as a forum for NAFTA investment disputes since 1994, it has served as a forum for international investment arbitration since 1966. (51) The ICSID provides a neutral setting for arbitration between nations and foreign investors when their initial investment agreement expressly provides for ICSID arbitration. (52) Therefore, nations are not bound by the ICSID unless they opt to include ICSID arbitration in their agreements with private investors. (53) Because it is a nation's prerogative to subject itself to ICSID arbitration, private investors may only seek arbitration with a nation if the nation agrees to be subject to the ICSID. (54) However, less developed states continually yield their own sovereignty to ICSID arbitration to attract international commerce. (55)
While private parties have access to the ICSID through agreements with host states, the access is only available for investors. Therefore, NGOs and concerned global citizens would usually be unable to utilize the ICSID for arbitrating environmental disputes with nations, even if the nation agreed. Perhaps more importantly, NGOs and other concerned citizens are unable to participate as affected parties in ICSID proceedings because they are generally not included in investor-nation agreements. (56) This is significant in the context of the ICSID because of the more than fifty cases registered since 1966, more than forty have substantial environmental impact, including: energy projects (oil, gas, hydroelectric), hotel & resort construction, manufacturing (including a chemical plant project, and several waste disposal projects), mining, forestry exploitation, and road building. (57) Almost always between a multinational corporation and a developing nation, most of these investment disputes have substantial environmental impacts due to the nature of the investment projects. Despite the huge environmental consequences of ICSID arbitrations, non-state actors that are not investors are not permitted a voice in ICSID arbitration. Again, under the ICSID, states cede sovereignty for the benefits of international trade and investment, disregarding other possible non-state actors with environmental concerns.
F. Access through the ILO
The International Labor Organization ("ILO"), an agency of the UN, is perhaps the most open international forum for nonstate actors to bring complaints against nations. (58) Under Articles 24 and 25 of the ILO Constitution, workers' organizations can raise "representations of non-observance" against Member States that they allege are not in compliance with ILO principles. (59) These representations brought by NGOs spark investigations by the ILO Governing Body that may lead to public exposure through a public report. More interestingly, the report may lead to an official state complaint under Article 26 of the ILO Constitution, which ultimately may result in the case being heard by the ICJ (upon agreement by the accused state). (60) Bringing environmental claims before the ILO is possible, as long as the claims are based on ILO conventions. (61)
While the ILO's power has less bite than the WTO, its adjudication process is significantly more open to non-state actors than most other international organizations. (62) While the ILO's power is limited to public embarrassment, and diplomatic scolding, it provides NGOs with a voice. However, the ILO's limited power is mainly due to states clinging to their sovereign rights to dictate their own labor laws and practices. Despite the ILO's obvious weaknesses, it could be a valuable resource for non-state actors to bring environmental complaints.
G. The European Court of Justice
As a regional tribunal, the European Court of Justice ("ECJ") permits significantly more non-state actor participation in actions against environmental polluters than its global counterparts. (63) As with other international tribunals, individuals and NGOs may lobby Member States to bring actions on environmental issues before the ECJ, and, where permitted by domestic rules, nonstate actors can bring actions in Member's domestic courts based on EU environmental law. (64) NGOs may also use the ECJ's "preliminary reference" procedure to obtain ECJ judgments on EU environmental law issues raised in Member State courts. (65) However, much like standing requirements in the United States, NGOs and individuals may only bring actions that are of "direct and individual concern" to the NGO or individual. (66)
Meeting ECJ standing requirements can sometimes be difficult. Several cases before the Court have tested the extent of the direct individual concern requirements. (67) In an attempt to stretch the standing rules so they reflect the broad, shared environmental interests of the global community, Greenpeace International attempted to challenge the European Commission's disbursement of funds to Spain for the construction of two power-plants in the Canary Islands. (68) The Court rejected Greenpeace's standing to challenge EU actions in the ECJ, preferring to give deference to Member's national courts. (69) However, the ECJ's standing requirements may soon be relaxed because the EU and all of its Member States signed on to the 1998 Convention on Access to Information, Public Participation in Decision-Making, and Access to Justice in Environmental Matters, granting NGOs wider access to justice on environmental matters. (70) While the Court refuses to grant standing based on common, shared environmental interests and interconnected ecosystems, it is eager to uphold traditional notions of law based on property and contracts. Thus, international corporations seeking dispute resolution may easily bring cases before the ECJ and environmental NGOs must weave their way through a maze of standing requirements for relief.
While the desire to compartmentalize international issues into categories like "security," "economics and trade," "human rights," and "environment" may be hard to resist, the once solid lines between these subjects blur as the world becomes interconnected. Trade organizations particularly seem to begin their existence by attempting to remain purely focused on trade, without mixing in the impurities of issues like environmental health. However, as with the European Union (and the United States of America), trade organizations require oversight of more than just trade because they are too interconnected with these other aspects of global society.
In an attempt to clear the sovereignty hurdle that Romano skillfully highlights in his book, some researchers call for an international procedural system granting reciprocal access to domestic courts. (71) Though private party access to international dispute resolution bodies remains limited in scope in all but a few exceptions, equal access to foreign domestic courts is a possible alternative to over-arching international regimes with dispute resolution mechanisms. International agreements that grant nonstate actors an equal right of access to administrative and judicial procedures in the state' where environmental harm originates provide the same redress available to the citizenry in which the harm originates.
The European Court of Justice provides parties within the EU access to an international tribunal for international environmental wrongs. However, in most of the EU, private party equal access by foreigners to domestic courts is still largely nonexistent. (72) The Nordic Convention on the Protection of the Environment remains the exception to this rule, granting non-state actors from Denmark, Finland, Norway and Sweden standing to sue in the domestic courts of the other parties to the treaty.
When the Nordic Convention was signed in 1974, it was truly a bold endeavor. Its diminutive length is no accident. While the four constituents crafted the treaty for the protection of the Scandinavian environment, the treaty has no specific technical standards or substantive environmental protections. Instead, it is completely process-oriented. (73) The Convention relaxes standing requirements, permitting receptors of foreign pollution equal access to the same remedies as citizens of the offending state. (74) The Convention specifically ensures that the private party raising the complaint is treated the same throughout the legal system of the nation in which the harm originates. (75) This also opens the legal systems of the four member-states to the full appellate process. (76)
Many have argued for a similar reform of standing throughout Europe and the rest of the world. (77) In Africa, for example, the Bamako Convention on the Ban of Import Into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa calls for a protocol to be drafted by experts on a liability scheme--which may include a reciprocal system similar to the Nordic Convention. (78) Such a cross-boundary liability regime with open access to non-state actors would provide an international system that grants possible remedies to victims of international environmental harm, while maintaining state sovereignty. (79) States would retain the ability to legislate and interpret their own laws, but would permit non-nationals equal access to their courts. In this respect, the Nordic Convention moots traditional concerns that states will lose their sovereignty to international organizations.
The open access to national courts established by the Nordic Convention may provide non-state actors redress to international environmental wrongs. However, its system of reciprocal jurisdiction is by definition limited to the four signatories to the treaty. Thus, the citizens of the member-states have no standing by virtue of the treaty to redress for environmental harms originated in states not parties to the Nordic Treaty.
A more fundamental systemic problem lies at the heart of the Nordic treaty. Foreign plaintiffs may only receive the environmental protection the offending state provides to its own citizens. (80) Thus, foreign plaintiffs may have no remedy if the state that is the source of the environmental harm provides no protection to its own nationals through its laws. While this is probably not a major issue for the four signatories to the treaty because their economies and legal systems are similar and they share many cultural/environmental values, a treaty expanded beyond such a kindred group of nations would surely need to account for major inconsistencies and lacunae in the environmental laws of nation states.
The Nordic treaty and other agreements to regionalize judicial access is an important step in expanding remedies for international environmental wrongs. As the European Community White Paper on Environmental Liability suggests:
Environmental liability aims at making the causer of environmental damage (the polluter) pay for remedying the damage that he has caused. Environmental regulation lays down norms and procedures aimed at preserving the environment. Without liability, failure to comply with existing norms and procedures may merely result in administrative or penal sanctions. However, if liability is added to regulation, potential polluters also face the prospect of having to pay for restoration or compensation of the damage they caused. (81) Environmental liability is a way of implementing the main principles of environmental policy enshrined in the EC Treaty (Article 174 (2)), above all the polluter pays the principle. If this principle is not applied to covering the costs of restoration of environmental damage, either the environment remains unrestored or the State, and ultimately the taxpayer, has to pay for it. Therefore, a first objective is making the polluter liable for the damage he has caused. If polluters need to pay for damage caused, they will cut back pollution to the point where the marginal cost of abatement exceeds the compensation avoided. Thus, environmental liability results in prevention of damage and in internalization of environmental costs. Liability may also lead to the application of more precaution, resulting in avoidance of risk and damage, as well as it may encourage investment in R & D for improving knowledge and technologies. Internalization of environmental costs means that the costs of preventing and restoring environmental pollution will be paid directly by the parties responsible for the damage rather than being financed by society in general. (82)
The White Paper thus suggests a Nordic regime for the entire European Union and provides a coherent rationalization for non-state enforcement of environmental norms. Where nations may fear to tread for reasons of state sovereignty, individual plaintiffs are less likely to weigh foreign policy considerations in their quest for compensation for damages personally served.
And despite the White Paper's reservation about expanding concepts of individual liability for environmental pollution "to pollution of a widespread, diffuse character, where it is impossible to link the negative environmental effects with the activities of individual actors," (83) environmental advocacy groups are discussing lawsuits designed to impose financial responsibility for acts which contribute to global warming.
The White Paper argues that its liability concept is not suitable for dealing with the "effects of climate change brought about by CO2 and other emissions [or] forests dying as a result of acid rain," (84) environmental lawyers representing groups like Greenpeace, the World Wildlife Fund and the Natural Resources Defense Council recently met to consider filing lawsuits against corporations whose plants emit greenhouse gases and thus contribute to global climate change. (85)
In the environmental summit meeting, the lawyers for the advocacy groups did not decide whether legal action should be taken in U.S. courts or international tribunals. But plaintiffs would be people, or even nations such as the island states who are threatened with submersion if ocean levels continue to rise. In addition to the corporations, defendants could be federal agencies such as the Environmental Protection Agency which fails to regulate adequately the generation of pollutants, or the Energy Department which subsidizes the use of fossil fuels.
Though environmental scholars were generally skeptical, reflecting many of the reservations of the EU White Paper (a lawyer for the conservative Pacific Legal Foundation called the approach "nuts"), (86) legal scholars such as Professor Andrew Strauss have argued that globalization has shifted dispute settlement from diplomatic links forged by nations to private dispute resolution. (87) Another commentator who was skeptical about the success of liability regimes for global environmental harms conceded that, "[i]n some circumstances, legal actions are evaluated or pursued not with expectations of success in court, but recognizing that a real victory would be in the court of public opinion." (88)
Obviously non-state actor lawsuits for compensation for the consequences of global environmental pollution are in a nascent, if not embryonic stage. But the imaginative strategies of environmental advocacy groups suggest that non-state actors are increasingly important players in the protection of the international environment. At more than a conceptual level, personal liability for harms to the global commons as well as transboundary pollution has emerged out of nation-state deadlock as a potentially effective strategy to protect the environment and to abate pollution.
To be sure, private access to international environmental justice, either in national courts or in international tribunals, collides with the nearly sacrosanct principle of sovereignty (a ground norm for developed as well as developing nations). Romano's legal realistic perspective on sovereignty concedes it as an obstacle to the adjudication of environmental disputes in the international law/state-to-state sphere. Indeed, he argues that allowing non-state actors access to the ICJ would contradict the very nature of the Court which is "to serve the needs of peace and justice" of the community of sovereign states. (89) Elsewhere, however, he suggests that ICJ standing should be extended to specialized international organizations to avoid disturbing the "nature" of the Court. (90) Though arguing for institutional coherence of the ICJ, he recognizes the logic of non-state intervention in some disputes ostensibly between nations. (91) Finally, he also accepts a role for non-state actors, even where the legal action before the ICJ concerns antagonistic states, arguing that the ICJ ought to accept NGO petitions for advisory opinions. (92)
Romano's suggestions may not satisfy the desires of non-state actors to gain access to foreign courts and international tribunals like the ICJ, but they are consistent with his realist view that international environmental law must be approached by conceding the persistent view of sovereignty's saliency. Within this context, non-state actors should continue to force open the doors of international dispute resolution bodies by both frontal assaults and by end-runs around the borders of Sovereignty.
(1.) Professor of Law, Seattle University; Professor Emeritus, UCLA School of Law.
(2.) J.D., expected, 2002, Seattle University School of Law; B.A., 1998, American University. The authors gratefully acknowledge the assistance in the preparation of this essay by Heather M. Morado, J.D., expected, 2003, Seattle University School of Law.
(3.) See Vanessa Houlder, Bonn Climate Talks Reach Agreement on Kyoto, FINANCIAL TIMES, July 22, 2001, at A19, available at www.ft.com/kyoto.
(4.) See R.J. Kopp, An Analysis of the Bonn Agreement, available at http://www. weathervane.rff.org/features/feature134.htm (last visited Sept. 14, 2001).
(5.) See id.
(6.) See Edward A. Parson, Moving Beyond the Kyoto Impasse, N.Y. TIMES, July 31, 2001, at A23.
(7.) L. GURUSWAMY ET. AL., INTERNATIONAL ENVIRONMENTAL LAW AND WORLD ORDER: A PROBLEM-ORIENTED COURSEBOOK 228 (2d ed. 1999).
(8.) See ELIJU LAUTERPACHT, ASPECTS OF THE ADMINISTRATION OF INTERNATIONAL JUSTICE 67-72 (1991).
(9.) See Convention on the Protection of the Environment, Feb. 19, 1974, Den.-Fin.-Nor.-Swed., 13 I.L.M. 591-97, art. 3 (providing foreign pollution victims access to the offending state's tribunal in these four countries).
(10.) See Cesare P.R. Romano, The Proliferation of International Judicial Bodies: The Pieces of the Puzzle, 31 N.Y.U.J. INT'L. & POL. 709 (1999).
(11.) See id.
(12.) See Chi Carmony, Beyond the Proposals: Public Participation in International Economic Law, 15 AM. U. INT'L. REV. 1321, 1327-29 (2000).
(13.) See id.
(14.) See id. (listing eighteen projects); see also World Bank Inspection Panel website available at http://wbln0018.worldbank.org/ipn/ipnweb.nsf (last visited Jan. 10, 2002) (listing two additional projects).
(15.) See Richard E. Bissell, Current Development: Recent Practice of the Inspection Panel of the Worm Bank, 91 A.J.I.L. 741, 742 (1997) (finding indirect pressure from the World Bank Inspection Panel potentially more effective than its formal procedures).
(16.) See Houlder, supra note 3, at 1322.
(17.) See id.
(18.) See Bissell, supra note 15, at 743.
(19.) See Houlder, supra note 3, at 1322.
(20.) Lakshman D. Guruswamy, Should UNCLOS or GATT/WTO Decide Trade and Environment Disputes, 7 MINN. J. GLOBAL TRADE 287, 291 (1998).
(21.) See Convention on the Law of the Sea, Dec. 10, 1982, United Nations, 21 I.L.M. 1261, part XI, [section] 5, art. 187, available at www.un.org/Depts/los/unclos/ closindx.htm (hereinafter UNCLOS).
(22.) See Peggy Rodgers Kalas and Alexia Herwig, Dispute Resolution Under the Kyoto Protocol, 27 ECOLOGY L. Q. 53, 76 (2000).
(23.) See UNCLOS, part XI, [section] 5, annex VI.
(24.) Romano, supra note 10, at 745.
(25.) See Steve Charnovitz, Participation of Non-Governmental Parties in the World Trade Organization: Participation of Non-Governmental Organizations in the World Trade Organization, 17 U. PA. J. INT'L. ECON. L. 331, 333 (1996).
(26.) See Jacqueline Peel, Giving the Public a Voice in the Protection of the Global Environment: Avenues for Participation by NGOs in Dispute Resolution at the European Court of Justice and World Trade Organization, 12 COLO. J. INT'L ENVTL. L. & POL'Y 47, 62 (2001); see also Uruguay Round of Multilateral Trade Negotiations Final Act (World Trade Organization Agreements), Annex 2: Understanding on Rules and Procedures Governing the Settlement of Disputes, Apr. 15, 1994, available at http://www.wto.org/english/docs_e/legal_e/final_e.htm (last visited June 3, 2001).
(27.) Id. at 65; see also United States Import Prohibition of Certain Shrimp and Shrimp Product, WT/DS58/AB/R (Oct. 12, 1998), available at 1998 WL 720123.
(28.) Id. at 66.
(29.) Id. at 68.
(30.) See GURUSWANY supra note 71, at 288.
(31.) North American Free Trade Agreement, Dec. 17, 1992, Can.-Mex.-U.S., 32 I.L.M. 605, ch. 11, [section] B, available at http://www.nafta-sec-alena.org/english/index.htm (last visited June 2, 2001) (hereinafter NAFTA).
(32.) Noemi Gal-Or, Private Party Direct Access: A Comparison of the NAFTA and the EU Disciplines, 21 B. C. INT'L & COMP. L. REV. 1, 14 (1998).
(33.) See RALPH H. FOLSOM, NAFTA IN A NUTSHELL 208 (1999).
(34.) See NAFTA, ch. 11.
(35.) See Gal-Or, supra note 32, at 26.
(36.) Id. at 14.
(37.) Id. at 26.
(38.) See North American Agreement on Environmental Cooperation, Sept. 14, 1993, Can.-Mex.-U.S., 32 I.L.M. 1480, art. 13, available at http://www.cic.org/ pubs_info_resources/law_treat agree/naaec05.cfm?varlan=english (last visited Aug. 12, 2001) [hereinafter NAAEC].
(39.) Id.
(40.) See supra note 24, at 210; see also NORTH AMERICAN COMISSION FOR ENVIRONMENTAL COOPERATION, SECRETARIAT REPORT ON THE DEATH OF MIGRATORY BIRDS AT THE SILVA RESERVOIR (1994-95).
(41.) See NAAEC, art. 14.
(42.) See id.
(43.) See id.
(44.) See, e.g., Citizen Submissions on Enforcement Matters, Comite Para la Proteccion de los Recursos Naturales, et al., Mex., SEM-96-001, Jan. 17, 1996, available at http://www.cec.org/citizen/guides_registry/registryview.cfm?&varlan=english& submission.
(45.) See Citizen Submissions on Enforcement Matters, The Friends of Old Man River, Can., SEM-96-003, Secretariat's Determination, art. 15(1), Nov. 8, 1996, available at http://www.cec.org/citizen/guides_registray/registryview.cfm? &varlan=english&submission; Citizen Submissions on Enforcement Matters, Aage Tottrup, Can., SEM 96-002, Secretariat's Determination, art. 14(2), May 28, 1996, available at http://www.cec.org/citizen/guides_registray/registryview.cfm?&varlan=english& submission.
(46.) See, e.g., Citizen Submissions on Enforcement Matters, Canadian Environmental Defense Fund, Can., SEM-98-002, Secretariat's Determination, art. 14 (1), Aug. 25, 1997, available at http://www.cec.org/citizen/guides_registray/registryview. cfm?&varlan=english&submission.
(47.) See NAAEC, art. 14
(48.) See id.
(49.) See, e.g., Citizen Submissions on Enforcement Matters, Hector Gregorio Ortiz Martinez, Mex., SEM-97-004, Oct. 14, 1997, available at http://www.cec.org/citizen/ guides_registray/registryview.cfm?&varlan=english&submission.
(50.) See, e.g., Citizen Submissions on Enforcement Matters, Sierra Club et al., U.S., SEM-95-001, Secretariat's Determination, arts. 14(1), 14(2), Dec. 8, 1995, available at http://www.cec.org/citizen/guides_registray/registryview.cfm? &varlan=english&submission; Citizen Submissions on Enforcement Matters, Biodiversity Legal Foundation et al., U.S., SEM 95-002, Secretariat's Determination, art. 14(2), Sept. 21, 1995, available at http://www.cec.org/citizen/guides_registray/registryview.cfm?& varlan=english&submission.
(51.) See International Center for the Settlement of Investment Disputes web site at http://www.worldbank.org/icsid/about/about.htm (last visited June 2, 2001).
(52.) See id.
(53.) See Glen T. Schleyer, Power to the People: Allowing Private Parties to Raise Claims Before the WTO Dispute Resolution System, 65 FORDHAM L. REV. 2275, 2305-06 (1997).
(54.) See id.
(55.) See id.
(56.) See Christopher M. Koa, The International Bank for Reconstruction and Development and Dispute Resolution: Conciliating and Arbitrating with China through the International Center for Settlement of Investment Disputes, 24 N.Y.U.J. INT'L. L.7 POL. 439, 448-50 (1991).
(57.) Id.; see also International Center, supra note 37.
(58.) See Schleyer, supra note 53 at 2306-07.
(59.) David A. Wirth, Reexamining Decision Making processes in International Environmental Law, 79 IOWA L. REV. 769, 782 (1994); see also INTERNATIONAL LABOUR ORGANIZATION CONST., art. 24, 25, available at http://www.ilo.org/public/english/about/iloconst.htm (last visited June 11, 2001).
(60.) See INTERNATIONAL LABOUR ORGANIZATION CONST., art. 26 at http://www.ilo.org/public/english/standards/norm/enforced/index.htm> (last visited June 11, 2001).
(61.) See generally id., at art. 10.
(62.) See Kal Raustiala, The "Participatory Revolution" in International Environmental Law, 21 HARV. ENVTL. L. REV. 537, 555 (1997).
(63.) See Philippe Sands, European Community Environmental Law: The Evolution of a Regional Regime of International Environmental Protection, 100 YALE L.J. 2511, 2518 (1991).
(64.) See id.
(65.) Jacqueline Peel, Giving the Public a Voice in the Protection of the Global Environment: Avenues for Participation by NGOs in Dispute Resolution at the European Court of Justice and Worm Trade Organization, 12 COLO. J. INT'L ENVTL. L. & POL'Y 47, 50 (2001).
(66.) See id.; see also Treaty Establishing the European Community, Mar. 25, 1957, 298 U.N.T.S. 11, art. 230 (formerly art. 173), available at http://www.europa.eu.int/eur-lex/en/treaties/index.html (last visited May 27, 2001).
(67.) See Peel, supra note 26, at 50-55.
(68.) See Stichting Greenpeace Council (Greenpeace International) v. The Commision of European Communities, 1998 ECJ CELEX LEXIS 9723; 1998 ECR I-1651.
(69.) See id.
(70.) See Peel, supra note 26, at 54-62; see also Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998, available at http://www.unece.org/env/pp/treatytext.htm.
(71.) See ORGANIZATION OF AMERICAN STATES, REPORT FROM THE SIXTH MEETING OF EXPERTS FOR THE SIXTH INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE INTERNATIONAL LAW (CIDIP-VI), TOPIC III: PART 2: CIVIL INTERNATIONAL LIABILITY FOR CORSSBOUNDARY POLLUTION, (Dec. 3-4, 1998) (on file with author).
(72.) See EUROPEAN UNION PREPARATORY ACTS, WHITE PAPER ON ENVIRONMENTAL LIABILITY, (Feb. 9, 2000), EU: COM 2000/0066, Celex NO. 500DC0066 [hereinafter White Paper].
(73.) See Sean D. Murphy, Prospective Liability Regimes for the Transboundry Movement of Hazardous Wastes, 88 A.J.I.L. 24, 47 (1994).
(74.) See Nordic Convention, art. 3.
(75.) See id.
(76.) See id.
(77.) See Ann M. Lininger, Liberalizing Standing for Environmental Plaintiffs in the European Union. 4 N.Y.U. ENVTL. L. J. 90 (1995).
(78.) Bamako Convention on the Ban of Import Into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa, Jan. 29, 1991, 30 I.L.M. 773, art. 12.
(79.) See Treaty Establishing the European Community, supra note 66, at 132.
(80.) David Scott Rubinton, Toward a Recognition of the Rights of Non-States in International Environmental Law. 9 PACE ENVTL. L. REV. 475, 490 (1992).
(81.) See White Paper, supra note 72, [section] 2.1
(82.) Id. [section] 3.1.
(83.) Id. [section] 2.2.
(85.) See Kathryn Q. Seelye, Global Warming May Bring New Variety of Class Action, N.Y. TIMES, Sept. 6, 2001, at Al6.
(86.) See id.
(87.) Richard Falk & Andrew Strauss, On the Creation of a Global Peoples Assembly: Legiticmacy and the Power of Popular Sovereignty, 36 STAN. J. INT'L L., 191 (2000).
(88.) See Seelye, supra, note 81.
(89.) See Romano, supra note 10, at 335.
(90.) See id.
(91.) See id.
(92.) See id. at 336.
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Watto's Junk Yard / Re: How long has that damned RS been down?« on: August 18, 2005, 02:15 PM »
First...Well, Jesse and Chewie have both tried to get me over here so, here I am.
With RS down for a while I'll need to get my fix somewhere and if I can do that without endless posts of crap in the modern sections I may just stay!
Holy ****, you're here Eric!
Big E's a memeber of the PSWCS, and a buddy of mine. Also was my line buddy at Celebration 3 (along with Jeff and Jason), where I was pretty much flew solo during the event for 90% of my time at it. Me and E cashed in our badges for our store goodies together.
Good times man! You gotta get out to Western PA sometime bud. Glad to have you aboard finally.
If anything we've worked against increases in traffic at our site considering we like to "weed out" the people who are here to just be peckerheads. And they do show up... Some of them are the people that some of us have had issues with elsewhere, some are just post-padding morons that fit in better at Rebelscum since there's many of their ilk to compete with... But either way we don't just let them play their game, they get das boot. Sure they could increase traffic, but why let them drag our home down? **** that, and **** them.
Creature Cantina.com sucks. Sorry Bill. You've known this.
I haven't heard the word "peckerhead" in years, I think I forgot about it. I must now endeavor to use it more often.
And yes, C3 was a blast and it was great hanging out with you in line.
I should get down to Pitt more often. Every time one of the comicons or toy shows get announced I think about running down for it but I haven't done it yet. I'll have to try harder!

subset: commoncrawl


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Weekend Box Office Report: 'Dumb and Dumber To' Proves That It Pays to be Stupid
'Dumb and Dumber To' arrives two decades after the first film was one of the bigger hits of 1994 and no one knew what to make of it ... until it topped the box office this weekend and made it look easy. Now, the idea of two middle-aged actors returning to two of the most idiotic characters in modern movie history doesn't seem so desperate and crazy. It seems canny.
Our Worst Fears Realized; They're Turning the Universal Monsters Into Superheroes
The likes of Dracula, Frankenstein and the Wolf Man have no business aping the Marvel "shared universe" structure in the first place. They're monsters! Let them monster! Any of our well-intentioned blogging-into-the-wind was too little, too late because the head of Universal has pretty much come and out said that they're taking the horror out of their horror icons.
Oscar-Winner Philip Seymour Hoffman Dead at 46
Philip Seymour Hoffman, a towering icon of modern cinema, was found dead in his Manhattan apartment today according to the Wall Street Journal and New York Post. He was 46 years old.
2013 Emmy Nominations: Netflix and 'House of Cards' Have Officially Entered the Fray
The 2013 Emmy nominations have arrived and at first glance, it's more of the same. Of course 'Breaking Bad,' 'Mad Men,' 'Homeland' and 'Downton Abbey' seem to be dominating the drama category! Of course '30 Rock,' 'Louie' and 'Veep' are contenders in the comedy category! However, the big surprise with this year's nominations is that one of the most nominated shows wasn't even on TV at all.


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Partisanship, bipartisanship must coexist
Editor Don Whitten takes a look at partisanship and bipartisanship in politics, particularly at the state and national level, and notes how the two must coexist if our governments are to get anything done. (March 8, 2013, Page 4A)
Our leaders must know, and follow, the Constitution
Guest columnist Maxine H. Karr quotes some of our country's founding fathers and other statemen in making the point that our leaders today should know, and adhere to, the Constitution written when the United States was formed. (March 6, 2013, Page 4)
Empty mailbox on Saturday – what will we do?
Barring a possible backlash from Congress, it appears Saturday home delivery of mail will end this summer. Editor Don Whitten looks at the joys of Saturday trips to the mail box and wonders if we can come up with a way to keep it going. (February 8, 2013, Page 4A)
Letters to the Editor
Rob Winkler writes to take issue with a recent Jimmy Reed column and to say that no one is calling for the government to "disarm all citizens." (January 31, 2013, Page 4)
Questionable behavior by elected officials
Elected government officials are supposed to be representing us, right? News Editor Jonathan Scott writes about a couple of these officials and some recent actions that appear somewhat questionable, and he wonders if they're aware of the perception and appearance many of their constituents are getting. (January 17, 2013, Page 4)
'Fiscal cliff' game goes down to the wire
The biggest game over the past four or five days wasn't in the NFL or NCAA; it was in Washington as government officials played the "Fiscal Cliff" bowl. Editor Don Whitten takes a look at the game, picking out some highlights and some good and bad plays. (January 2, 2013, Page 4)
Candidates must stand for something
Local columnist T.J. Ray cites the words of former presidents Grover Cleveland and John Adams in writing about candidates and how they must take a stance and then stand by that stance. (October 29, 2012, Page 4A)
Letters to the Editor
Joanne Wilkinson writes about Ley Falkner's persistence in trying to get supervisors to consider new laws for the county, adding that all of them would benefit the county overall. (October 5, 2012, Page 4A)
Government – or the lack of it
Local columnist T.J. Ray admits he's no constitutional scholar nor an attorney, but he still wonders about common beliefs about our country and its form of government and representation. Are we becoming a government run by the minority, he asks. (August 16, 2012, Page 4A)
Letters to the Editor
Carolyn Ross writes to offer some of the words and wisdom of local statesman L.Q.C. Lamar and to point out that it would be very appropriate in today's times. (August 10, 2012, Page 4A)


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Challenge: How to successfully launch a new product line at an annual tradeshow
Drawing attention at your industry's largest annual tradeshow isn't so hard. But keeping attention and generating enthusiasm for a new product line? Now that's a whole other story.
It's a story Anderson Floors can tell—happy ending included—after launching its new flooring line at Surfaces, the not-to-miss tradeshow for floor covering professionals. Anderson's people wanted to introduce the new line to dealers while quickly conveying, in a way that dealers would long remember, the special characteristics of each of the line's four styles.
Solution: Pique interest and encourage learning with an interactive dealer kit
Knowing that people retain more when they interact with learning tools, we developed a unique promotional kit that dealers couldn't help but want to see, touch and play with. The kit included:
Result: Dealers are prepared—and eager—to sell Anderson's new flooring line
Dealers stopping by Anderson's booth lingered and learned; they spent more time in the booth than usual, exploring the unique qualities and selling points of the new flooring line. Even better, many dealers asked for extra card decks to help educate their prospective customers—the true meaning of tradeshow success!
Take Away Message:
Getting your audience to interact with your product or brand is always more powerful than a passive experience. Building interactivity into your promotion is even more important when you have a complicated product or message.
Jazz up your next trade show appearance with some Trade Show Promos.
Find more Promotional Products for Manufacturers.
Anderson Trade Show Kit (PDF Version)


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TANNERSVILLE, Pa. – The Ducks have come to Camelback. SkiDUCKS, that is.
Camelback Mountain Resort here in the Pocono Mountains has partnered with a new, grassroots non-profit organization dedicated to enriching the lives of disabled and underprivileged children by introducing them to skiing and snowboarding. The name of the new group is Skiing and Snowboarding for Disabled and Under Privileged Children and Older Kids – Ski DUCKS, for short.
"This opportunity may give a child a career path, or just give him or her a chance to learn something new and build their confidence," says Charlie Knopp, vice president of base operations here at Camelback. "There is no doubt that this group can change a child's path in life."
Here's the story behind Camelback's relationship with SkiDUCKS.
Seems that Tony Keller, now the director of Snowsports School here at Camelback, started skiing at the age of 12 with a group, similar to the SkiDUCKS in Florida, where he was raised. He grew up with his brother and single mother, who worked to give the boys any opportunities available to enrich their lives.
One day, Tony, being the curious teen that he was, heard kids playing through the woods in his backyard and had to find out what was going on. He ran through the woods toward the kids laughing to find a group playing "parking lot hockey" in a church parking lot. He stood and watched them, hoping they would ask him to join in. But they didn't. His smile caught their attention, and eventually they invited him to join the game. After the game, they invited him into the church for their youth group meeting. Again, his smile won the group over – and he never turned back.
This is the third season for the SkiDUCKS organization and the first season for the Camelback/SkiDUCKS partnership. With the support of Camelback and other participating resorts in eight other states, SkiDUCKS' goal is to host 1,000 youth for more than 2,000 visits this season.


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The Rapid growth of data has turned out to be a very unstable for the cloud vendors. Such bulky data is very difficult to handle and protect from malicious hackers. Lack of securit...
TechEd 2013: A tale of two Surfaces and a fire sale
Microsoft's fire sale on Surface tablets at TechEd 2013 in New Orleans prompted John Joyner to purchase both the Pro and RT versions.


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Tagged: AMC
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Papa Js Indian Restaurant
1 - 5 downloadsAdd this app to your listsTweets por @Appszoom
Papa J's tapas restaurant in Luton was the UKs first Indian Tapas Restaurant. Party catering can also be arranged.
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what diameter of intake tubing are you using? 2.5\
i have an 86' civic
with a 2000 civic si engine and im wondering if they even make bodykits for 86' civics and if they do tell me where to look
Jake-I have not found any bodykit for the Civic. However, you can purchase one from the 85-87CRX and custom fit it...that is what I did.
Mark - At the time of the picture, the intake tubing was 2.75\
Are you running the same setup as you did in 06?
hi jake i have a honda civic 86 hatchback and i want to have tuning parts for the engine but i cant find anything in holland can you tell me where i can find it thanks all ready greetz michel122 pm me to email (email@example.com)
if you know...
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[url="http://www.dragtimes.com/Honda-Civic-Timeslip-8125.html?r=1"]1986 Honda Civic hatchback: 10.610 @ 133.000 MPH[/url]
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PA Adopts Business Friendly Budget & Tax Changes; Pennsylvania Changes Position on Taxation of "Cloud Computing"; Recent PA Sales Tax Guidance Concerning Natural Gas and Other Mining Activities; Computation of Interest on IFTA Audit Deficiencies; and Real Estate Assessment Appeals.
Excerpt from PA Adopts Business Friendly Budget & Tax Changes
The General Assembly and Governor Corbett have approved a state budget for 2012-13 which restrains state spending while preserving the scheduled phase-out of the Capital Stock and Franchise Taxes, moving to Single Sales Factor apportionment of the Corporate Net Income Tax, preserving the vendors' allowance for Sales Tax collection, adopting a $1.65 billion credit to promote development of businesses in the Marcellus Shale Gas area and making a significant number of other substantive and procedural changes.
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All | Editorial | General Tech | Graphics Cards | Networking | Motherboards | Cases and Cooling | Processors | Chipsets | Memory | Displays | Systems | Storage | Mobile | Shows and Expos
Add a little "Green Power" to your PC
Subject: Cases and Cooling | March 24, 2006 - 05:49 PM | Jeremy Hellstrom
Coolermaster jumps into eco-friendly waters with their release of the iGreen Power series, and Hardware Zone has pics and stats. Before you start looking down your nose at them, these are simply high efficiency PSU's with added PR. High efficiency translates into less heat, and more stablity, so keep your eye out for them.
"Green power is all the rage nowadays and Cooler Master reacts to this with its new iGreen Power
series of energy efficient PSUs.
Heavy duty disk storage on the go
Subject: Storage | March 24, 2006 - 02:40 PM | Jeremy Hellstrom
TECHGAGE looks at the biggest and fastest 2.5 HDD from Seagate, the Momentus 5400.3 160GB. Living out of a laptop is becoming more common, and this drive looks to address almost any storage need, without forcing you to carry around external drives in your bag.
If you demand to be mobile and still have the hard drive space you need, then you should look at
the Seagate Momentus 5400.3.
Been a while since you commanded a lance of mechs
Subject: General Tech | March 24, 2006 - 12:00 PM | Jeremy Hellstrom
Ars Technica and MicroSoft have some good news. MechCommander 2 has gone Shared Source! You can get it from MicroSoft by following the link, although some assembly is required. This should also make modding a possibility for this title.
"According to Vole's site, MechCommander 2 has been released under its Shared Source licence.
The release contains all of the source code and source assets required to build MechCommander 2.
Something to do while you are waiting for Vista
Subject: General Tech | March 24, 2006 - 11:49 AM | Jeremy Hellstrom
Tech Connect Magazine has come up with something interesting for Operating System junkies to play with while they wait for the ever delayed release of MicroSoft Vista. With their guide in hand, try converting Windows Server 2003 into a home OS. They talk about the good and improved parts, and those services best skipped for non-server machines.
"It might need a little outside help, but Windows 2003 can actually become a valid choice for
home users, if one takes care to set aside the
ATI chipsets look good in purple
Subject: Motherboards | March 23, 2006 - 06:33 PM | Jeremy Hellstrom
Motherboards.org reivews the ATI based ECS KA1-MVP Extreme motherboard. Native support for Crossfire and a very colourful scheme are just 2 of the more noticable features, and there are many more waiting to be discovered, if you only click the link.
"A solid board backed by a good price, sprinkled with much needed features in the way of exotic
options, and you've got yourselves a winner here from ECS.
Can't this RAM go any faster?
Subject: Memory | March 23, 2006 - 04:53 PM | Jeremy Hellstrom
At a loss when it comes to figuring out the best settings to overclcok your RAM at? Maybe you just don't have time to benchmark every possible timing and speed combination? Worry no more, EclipseOC has published a memory overclocking guide that should get you going fast, and in not too much time.
"So, it's time to tweak your memory to get maximum performance out of it eh? After playing around
with a LOT of memory, I've sorta settled on what I think is a good way to overclock memory.
21.3" LCD with a split personality
Subject: Displays | March 23, 2006 - 02:34 PM | Jeremy Hellstrom
With a quick response rate, multiple inputs and the ability to split the screen, the Samsung SyncMaster 214T is an interesting monitor. With it's odd size it may seem an unlikely choice, but read the full Bona Fide Review before you decide.
"The Samsung SyncMaster 214T is Samsung's latest 21.3" LCD display and is currently listed at an
online price of around $670USD. The 214T features a gamer-friendly1600x1200 resolution, 178
degree viewing angle, and a quick 8ms Gray-to-Gray response time.
The last of the Pentium EE's
Subject: Processors | March 23, 2006 - 01:25 PM | Jeremy Hellstrom
The newest P4 based on the old architecture, the 965, has been sped up to 3.73Ghz, in an attempt to unseat the FX-60. Hexus has them competing head to head today, so drop by and find out the winner.
"Intel has now hit back with a Pentium Extreme Edition that's clocks in at 3.73GHz, up from the
'955's 3.46GHz. Is it enough to dislodge the FX-60's as the fastest x86 CPU around?
*NIX SendMail vulnerability
Subject: Cases and Cooling | March 23, 2006 - 12:05 PM | Jeremy Hellstrom
UNIX and LINUX are getting in on the newly discovered vulnerability theme for this week as well. According to this story on CNET, the Sendmail flaw could allow a remote attacker to gain control of your machine. The Windows version is not at risk and upgrading to version 8.13.6 of *NIX sendmail will secure you, as it contains a patch for this vulnerability.
"An attack could interfere with or intercept mail delivery, permit the intruder to tamper with
other p
Walton Chaintech Corporation Officially Announce the Memory Module Products
Subject: Memory | March 23, 2006 - 11:31 AM | Jeremy Hellstrom
Taipei, Taiwan, March 23rd, 2006 - Chaintech Computer CO., LTD allied with Walton Advanced Technology, the leading memory package and test factory, one of the Passive System Alliance, and renamed as Walton Chaintech Corporation. After brewing for months, the alliance eventually releases the first product —APOGEE® memory module series.
This series of product has integrated the primary R&D strength of Walton Chaintech and the superior package and test capability of Walton Advanced Technology; possess a respectable aftereffect which cannot be underprized.
Intel Declares Regular Cash Dividend
Subject: General Tech | March 22, 2006 - 07:00 PM | Jeremy Hellstrom
SANTA CLARA, Calif., March 22, 2006 — Intel Corporation's board of directors has declared a $0.10 per share quarterly dividend on the company's common stock. The dividend is payable on June 1, 2006 to stockholders of record on May 7, 2006.
More info at Intel.
Third Party VGA cooler shootout
Subject: Graphics Cards | March 22, 2006 - 06:21 PM | Jeremy Hellstrom
Looking to overclock that shiny new video card, but feeling the heat, or just trying to quiet it? Legion Hardware has a 6-way shootout between Thermalright, Zalman and Arctic Cooling. Drop by and find out which one can do you right!
Also, Ryan has a look at 2 upcoming cards from nVIDIA, the 7600GS and the 7300LE.
"When it comes to high-end air-cooled VGA coolers the six tested here today are amongst the best.
The only way to fly
Subject: General Tech | March 22, 2006 - 02:02 PM | Jeremy Hellstrom
If you are into flight or space sims, then there is a good chance you have an aging joystick somewhere on your desk. Saitek has designed a new controller, the X52 Flight Control System and OCC has a full review. Drop by and see if it is worth learning a whole set of new button positions.
"The ability to rotate using the twist grip made for some outright unfair moments where I could
temper the throttle and shamelessly mow down soldier after soldier while maintaining a consistent
Give your head a shake
Subject: General Tech | March 22, 2006 - 01:56 PM | Jeremy Hellstrom
X-bit Labs reviews a pair of headphones that carry on the tradition of the Rumbleseat and force feedback controllers. The XFX XGear multimedia gaming headset vibrates when appropriate, giving you the feel of ... well let X-bit Labs explain it.
"We decided to try out XFX XGear multimedia gaming headset that has a very special vibration
feature implemented.
Let's get physical
Subject: Graphics Cards | March 22, 2006 - 12:19 PM | Jeremy Hellstrom
First we had no physics cards, and now we have a battle royal between nVIDIA and Ageia to get their physics acceleration to the market first. The Inquirer feels that there is already a clear winner, and are quite happy to tell you who.
Ryan has also gathered a bit of information on Ageia's plans, and can even tell you how to get your hands on the cards first!
"So, the SLI physics engine can make water fall, ripples move, and rocks from the exploding cliff
wall bo
Proof of concept flaw in IE 6
Subject: General Tech | March 22, 2006 - 12:06 PM | Jeremy Hellstrom
It hasn't been a great week for Microsoft, with announced delays on Vista's release, and a bug that can cause IE 6 to crash. CNET reports on another flaw reported this week. While Microsoft has not released the details, the vulnerabililty is in the way HTA files are handled, and could result in the running of code without your say so. Practice safe computing.
The flaw was reported to the company earlier this month by Jeffrey van der Stad, a 25-year-old
Dutch programmer.
The reasons to spend more on an HTPC case
Subject: Cases and Cooling | March 21, 2006 - 06:46 PM | Jeremy Hellstrom
PCApex demonstrates the benefits of choosing a purpose built HTPC enclosure instead of just using a small case. The investment will cost you more up front, but read the article and see if they can convince you the Cooler Master Media 260 is worth it.
If you like the idea, but not the case, read Bob's review of the SilverStone SG-01 Evolution.
"The idea behind a home theater PC is to make it as inconspicuous as possible while able t
A universal heatsink
Subject: Cases and Cooling | March 21, 2006 - 05:28 PM | Jeremy Hellstrom
The NorthQ 3310BL UFO may not keep your cpu as cold as outer space, but according to the review at DriverHeaven, it is universal. It won't win awards for silence or efficiency, but there are certainly some redeeming qualities to this heatsink.
Make sure you read Lee's review of the Cooler Master Praetorian 730 Mid Tower before you go buying any cases, too!
"The 3310BL UFO cooler has a great advantage over many other coolers.
Not just mobile, it's ultra mobile
Subject: Mobile | March 21, 2006 - 04:39 PM | Jeremy Hellstrom
The new portable computer will be tiny, at least if Intel and Microsoft are right about the Ultra Moblile PC (UMPC). While it may bear a resemblance to a supersized PSP, it knows a few more tricks, and XYZ Computing can tell you about them.
"Simply put, the ultramobile PC (UMPC) is a tablet computer which will run a modified version of
Windows XP Tablet edition and is powered by an Intel processor.
Dual Core, SLI, and what to expect while gaming
Subject: Processors | March 21, 2006 - 03:43 PM | Jeremy Hellstrom
Neoseeker has found a great excuse to spend a lot of quality gaming time. They are testing the efffects of dual core on SLI and non-SLI systems, to discover the real effects of dual core on a system who's CPU is the bottleneck, and in systems where it is not really keeping anything back. Of course, once games become multi-threaded, they will have to play them all over again.
"Remember that with a single card, plunking down a second core into the system did absolutely
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MACAU – The bartender brought the wisdom one would expect to hear at one of south China's most hallowed and traditional restaurants, McSorley's Ale House:
"In China, anything's possible," he said.
He was referring to China's transformation from sleeping giant to one long Rodeo Drive.
But he also gave second-hand encouragement to Brandon Rios.
Is it possible that Rios' chin can absorb all the impact it will take to get inside the soul of Manny Pacquiao?
Is it possible that a 27-year-old from a Kansas slaughterhouse can turn his pay-per-view debut into the night that gongs Pacquiao's career?
Is it possible that Pacquiao's 11½ month recovery period isn't sufficient to diffuse the blackness imposed by Juan Manuel Marquez?
Rios is riding all those possibilities. At the weigh-in Saturday morning, he also showed the first signs of annoyance with Pacquiao and his camp.
"Freddie Roach (Pacquiao's trainer) called me a bum," Rios said after coming in at 146½ pounds, 6½ more than he has ever weighed for a fight. "He called me a fat loser. What he doesn't realize is that when you doubt me, you make me stronger."
"Doubt" is not quite a strong enough word for Roach's attitude toward Rios, whom he considers an arriviste who should be buying a ticket to see Pacquiao, not meeting him for mid-ring instructions.
"I don't think this is that hard a fight," Roach said. "You can tell he (Rios) is a little chubby. He's been wearing plastics (to make weight) during training.
"The competition isn't the same. Manny's a world-class fighter going up against a guy who is a journeyman at best. This is the first time (Rios) has fought at that weight. He hasn't felt the power of someone who punches like Manny. He hasn't been there. Manny has."
Roach also points to Rios' first championship fight. "He lost the first eight rounds and won with a lucky punch," Roach said.
Actually Rios lost the first five rounds to Miguel Acosta and then knocked him down three times, one of many illustrations of Rios' chin and will.
Roach also cites Rios' most recent fight, a desultory loss to Mike Alvarado. "Then my guy (Ruslan Provodnikov) fights Alvarado and destroys him," Roach said, "and he's not Manny, although he's getting closer."


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Ace Daily Photo 8.18.2013 Woodland Art Fair 2013
8.18.2013 Ace Daily Photo: 38th Woodland Art Fair 2013 Sugar – an art form we can all appreciate. More than 200 artists were included at this year's Woodland Arts Fair: home of the final funnelcake of the season. A positive […]
Reading "The Guy Davenport Reader": Erik Reece, Guy Mendes, Richard Taylor
Guy Davenport was a lodestone for the intellectual life that converged in Lexington in the 1960s, '70s and '80s. Drawn in by this Georgia-born, Harvard-educated "one of the last
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8.15.2013 Ace Daily Photo: Walter May's Gone Astray Premieres at Actors Guild Opening Night Pictured: Lauren Virginia Albert plays Alison in Walter May's Gone Astray. Gone Astray is an all-local production at
Reinventing Rupp (Arena): Two Buildings, Two Years, Two Firms Named
Free Rupp? Get ready for a big Ruppdate. In just two years, the complex that is now Rupp Arena and Lexington Convention Center will be two separate structures, with
Photos: Front Porch Friday 2013
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Photos: SITE Opens at Lexington Art League
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Photos: Bruce Burris Celebration at Third Street
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Theatre Review: Love, Loss, and What I Wore
When Nora Ephron died last summer, she left a legacy that included film (When Harry Met Sally, You've Got Mail, Sleepless in Seattle, Julie & Julia), countless essays,


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Computer (Mac, PC)
There are three main things you'll need to do before you can connect your computer to the CC Tigernet network and have full internet access:
- Make sure your Operating System is updated (run windows or apple updates)
- Install an Antivirus client and make sure it's updated (yes, even for macs)
- Register your computer. If you are on campus, just open a web browser and you'll automatically be connected to the registration page. If you are off campus, use this direct link to register (we highly recommend doing this before arriving on campus).
General walkthrough for connecting your computer to the network.
Fix tigernet2 wireless issues on macs
Help Desk in Tutt Library basement
Mon - Fri: 8:00 - 5:00


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Mon-Fri: 7am-1am EST / Sat-Sun: 7am-11pm EST
ApplianceMaytag Refrigerator
Level of DifficultyReally easy
Time to do repairLess than 15 mins
Age of Appliance5 - 10 years
Screw driversSocket set
9 out of 9 people found this instruction helpful
First I removed the spill tray, and removed the two screws on the bottom of the dispenser. I was then able to remove the front of the dispenser, which revealed 3 more screws. After removing those screws, the entire assembly lifts out. I removed the old pad, put the replacement pad on, replaced all the screws and the tray, and was done! It took about 10 minutes, start to finish. I saved at least $75 on the repair by doing it myself, and the part only took 3 days to arrive. Best of all, the water and ice dispenser works like new! Thanks, PartSelect!
Help other customers find the most helpful instructions.
Were these instructions helpful?
Part Number: PS2059931
All brand logos are trademarks of their respective owners.
The PartSelect logo is a Registered Trademark of Atlantic Laundry Centres, Ltd.
Copyright © 1999-2015 , Eldis Group Partnership. All rights reserved.


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The Mumbai Heritage Conservation Committee (MHCC) has decided to include Dr Homi Bhabha's bungalow 'Meherangir' at Malabar Hill on the heritage list so as to preserve it in its present condition. V Ranganathan, chairman of the heritage committee told dna that the Maharashtra government has asked them to study the heritage and historical importance of Meherangir and submit a report before a final call is taken.
What needs to be done
"We will study all aspects of Dr Homi Bhabha's bungalow. Then, a recommendation report will be submitted to the state government. However, the state has to take the final call to decide whether this bungalow needs to be declared as a state protected monument," said Ranganathan. The heritage committee has appointed heritage experts and MHCC member Cyrus Guzder to prepare the preliminary draft of recommendations.
Recommendations will hold water
Ranganathan said that even though this said bungalow was sold, they can still provide the state government with recommendations. Meherangir bungalow was sold by its owner National Centre for Performing Arts (NCPA) for Rs 372 crore to undisclosed bid winner in the auction.
CM asks cultural dept to look into it
Prashant Worlikar, an employee of the Atomic Energy department, filed a PIL and has also written to the state to declare this bungalow as a national heritage property. Chief minister Prithviraj Chavan had asked the state's department of cultural affairs to study this demand. Interestingly, the heritage committee did not include Meherangir in its 2012 list. The list was prepared by the task force appointed by the state agency – MMRDA.
Can it be done?
However, as per the development control rules (DCR) – 67 (3), the heritage list can be modified by the state government on the recommendation of the heritage committee by following prescribed procedure."It is not an easy process to enlist Meherangir into the heritage list. We need substantial supporting documents and evidence. The recommendations should be based on the facts and figure so if anyone raises questions, as heritage experts, we should be able to prove our claim," said a heritage committee member on the condition of anonymity.