Véronique Micléa : vie diplomatique et cultures

Nous étions déjà venues dans cette résidence mais cette fois-ci, nous avons tourné en rond pour la trouver car nous ne la reconnaissions pas tant elle avait changé. Son jardin est soigné, plus aéré, la maison est lumineuse et légère malgré son âge et sa grandeur imposante. Un visage souriant nous attend, c’est le chef Alberto Lara, et là, nous sommes convaincues, nous sommes bien arrivées à la résidence du Pérou à Wassenaar. Rencontrer Véronique Micléa pour une entrevue est un projet depuis la première fois que nous l’avons vue. Elle intrigue avec ses couleurs flamboyantes, ses longs cheveux châtains, son sourire et sa discrétion. Nous pensons à une artiste mais dans quel domaine? Une peintre, une dramaturge, une écrivaine? « Quand je suis arrivée aux Pays Bas avec mon mari, je me suis rappelé les voyages de mon enfance quand mon père nous emmenait visiter ce pays si riche artistiquement. Mon père médecin et amateur d’art m’entraînait souvent dans les musées. Un de mes souvenirs marquants est la visite du Mauritshuis. Je me souviens d’avoir monté les marches de cette très belle maison et d’avoir été impressionnée de voir, qu’en fait, c’était un musée avec une atmosphère intime. Puis une grande émotion devant l’autoportrait de Rembrandt jeune homme. Maintenant, je peux comprendre ce qui m’avait frappée: une attitude conquérante et une sensibilité qui affleure sur ce visage lumineux. Actuellement, je vis à La Haye et j’apprécie énormément les musées de ce pays ; ayant visité de nombreux musées dans le monde, j’aimerais dire que je suis impressionnée par la modernisation et l’extension des musées hollandais, avec une esthétique très contemporaine qui rehausse la beauté du bâtiment et des collections comme on peut le voir au Mauritshuis, au musée Van Gogh, au Stedelijk, au musée Frans Hals à Harlem entre autres. Une activité qui me tient à cœur est de faire connaître et de diffuser l’art contemporain péruvien. En effet le Pérou, depuis les temps reculés, est une terre de nombreuses cultures très variées. J’aimerais rappeler à ce propos qu’en Europe on a tendance à connaître plutôt la culture Inca, celle que les espagnols ont rencontrée, quand ils sont arrivés, mais il y a de nombreuses cultures pré-incaïques, par exemple, Chavin avec des sculptures impressionnantes, Mochicas avec des poteries réalistes, Paracas avec des tissus polychromes aux riches dessins inventifs, Nazca avec les fameuses lignes tracées dans le désert, Chimu avec des objets raffinés en or et la cité de Chan Chan. Je pense qu’il est aussi intéressant de faire connaître les artistes contemporains et de créer des liens avec les Pays-Bas. Avec mon mari quand nous avons vu le jardin de la résidence, nous avons pensé y installer des sculptures contemporaines, d’autant plus qu’il y a déjà une culture du « jardin de sculptures » dans ce pays avec des réalisations merveilleuses et originales comme le Kröller-Müller ou la collection Caldic, Garden Clingenbosh. Evidemment notre projet est plus modeste pour plusieurs raisons mais il s’inscrit dans le désir de mettre en valeur des sculptures dans une nature baignée par la belle lumière du nord ainsi que de créer des ponts culturels entre le Pérou et les Pays-Bas. Nous avons déjà installé dans notre jardin, deux sculptures de Lika Mutal, artiste néerlandaise qui habite à Lima. »
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Véronique Micléa
Une manifestation prestigieuse de l’art et de la culture ancestrale du Pérou est sa gastronomie ; maintenant classée parmi les plus célèbres du monde, elle a tout de suite impressionné Véronique Micléa dès son arrivée en 1986, époque où la cuisine péruvienne était complètement méconnue en Europe. « Je me souviens encore des deux premiers plats que j’ai dégustés quand je suis arrivée à Lima, le ceviche de lenguado, une sorte de grande sole, poisson cru mariné au citron vert, avec piment et oignon ; la parihuela, une soupe dense de fruits de mer très variés et de poissons, avec des herbes aromatiques comme la coriandre, le persil, et les piments panca et amarillo. Des plats baroques, aux mélanges exubérants tout en étant harmonieux quant aux saveurs. Ce fut le début d’une découverte à chaque fois riche, étonnante et enthousiasmante qui continue aujourd’hui. En équipe avec notre chef Alberto Lara, diplômé du Cordon Bleu de Lima, qui a une connaissance approfondie de la culture culinaire du Pérou, nous avons déjà commencé à faire découvrir cette merveilleuse cuisine aux Pays-Bas. Par exemple, la participation du Pérou au premier Festival Gastronomique Diplomatique en mai 2016. C’est une joie de pouvoir collaborer à la diffusion de cette riche gastronomie en dehors de ses frontières ; il y a même deux livres de cuisine péruvienne traduits en néerlandais : Ceviche de Martin Morales et Peru de Gaston Acurio. » Véronique Micléa est une spécialiste diplômée de la langue française. Elle a exercé sa profession de linguiste et professeure de français à Paris, Lima, Quito, Washington, en accompagnant son mari diplomate péruvien, tout en élevant sa fille Morgana. Véronique a aussi publié de la poésie, traduit des livres et collaboré avec des artistes contemporains à travers ses textes.
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Véronique Micléa
Elle partage la vie de son mari, l’ambassadeur du Pérou aux Pays-Bas, depuis qu’il est troisième secrétaire, et a su adapter sa carrière et l’éducation de sa fille aux nombreux déménagements. « En tant que femme de diplomate, mère et professeure, je me suis toujours préoccupée du développement des enfants dans ce contexte particulier d’expatriation. Un des préjugés que j’aimerais combattre sur la vie des diplomates est lié à une phrase que j’ai entendue à propos des enfants : « ah ces enfants qui n’ont pas de racines et ont une vie instable…» Je me suis aperçue que dans cette vie à l’étranger, nous portons nos racines dans « la tête », que nous ne perdons pas notre culture à commencer par notre langue maternelle et que nous nous enrichissons perpétuellement au contact d’autres cultures. Nous développons la capacité de nous adapter plus facilement aux changements et nous accumulons des éléments d’autres cultures sans modifier la nôtre. Cela correspond bien au concept  des « Enfants de la Troisième Culture » (Third Culture Kids) présenté par une psychologue que j’ai rencontrée lors d’une conférence au Lycée Français de Washington. C’est ce que j’ai observé chez les enfants de diplomates, une capacité particulière d’analyser ou simplement de sentir leur nouvel environnement et de s’y adapter rapidement en créant une culture propre à eux, à savoir, sans renier la leur, absorber celle du pays où ils vivent. De plus pour certains, comme ma fille, qui ont une double culture venant de leurs parents, cela rend la situation complexe mais encore plus riche. Ce ne sont pas des enfants divisés comme certaines expressions tendraient à le faire croire : «  Cette personne est à moitié française et à moitié péruvienne ». En effet ce n’est pas exact et, comme le dit l’écrivain franco-libanais Amin Maalouf, ces identités multiples s’ajoutent. Je dis donc par exemple que ma fille est péruvienne ET française. Au Pérou, c’est un concept approprié, justement dû aux multiples cultures qui au cours du temps se sont rencontrées et mélangées dans son territoire avec celles des populations autochtones : espagnole, arabe, africaine, chinoise, japonaise, italienne et autres. D’ailleurs la notion de métissage prend toute son importance, si l’on considère la gastronomie péruvienne qui tire sa richesse, précisément, du mélange des cultures d’une part et d’autre part de la diversité géographique qui engendre une très grande variété de produits. » La traduction d’un nouveau livre, la publication régulière de poésies dans une revue française, le projet de la création du jardin de sculpture de la résidence et la diffusion de la gastronomie péruvienne sont des activités qui s’ajoutent à son engagement principal, accompagner avec une complicité hors de l’ordinaire, son mari, l’ambassadeur du Pérou aux Pays-Bas. Photos par Kim Vermaat.

The new employment law in actual practice: How does the court decide?

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In 2015, the Work and Security Act became effective which brought about drastic changes to the employment law in the Netherlands, especially for Embassies and Consulates. How does the new employment law work in actual practice for Embassies and Consulates? In this newsletter, Russell Advocaten will inform you on how the courts decide on different aspects of the new employment law. *** By Jan Dop. Request to set aside the employment contract rejected more frequently For Embassies and Consulates, the most drastic change is the requirement of a dismissal permit or legal proceedings to dismiss locally hired staff effective since 1 July 2015. Until then, this was not mandatory. Therefore, it is important for Embassies and Consulates to be aware of the fact that the decisions under the Work and Security Act reflect a clear trend towards rejecting requests to set aside employment contracts much more frequently. It concerns in particular requests based on the inadequate performance of employees, in which is decided that the employer has not made sufficiently clear that there is inadequate performance, or has not done enough to help the employee perform better. This shows how important it is for Embassies and Consulates to keep sound personnel files before commencing legal proceedings. If the personnel file is not sound, the request to set aside the employment contract is likely to be rejected. This will also have consequences for the costs of a dismissal. Termination by a settlement agreement including compensation of the employee can be used as an alternative for setting aside the employment contract. However, the employee is likely to expect a higher compensation than the amount of transition compensation due in case of an insufficiently documented personnel file. Notice via WhatsApp message At least one month before the end of a fixed-term contract lasting for six months or longer, the employee must be notified on whether or not the employment contract will be continued. Such notice must be given in writing. The Amsterdam District Court decided that the obligation to notify will be fulfilled merely by sending a WhatsApp message if the employee reacts to this message, so that it is clear that the employee has received it. As it is the task of the Embassy or Consulate, as an employer, to prove that the employee has received the notice, it is advisable to have the employee sign the notice as seen or to send the notice by registered mail. Entitlement to transition compensation in the event of dismissal due to imputable acts or omissions Up to 1 July 2015, Embassies and Consulates could often terminate the employment contract of their employees without being obliged to pay a severance payment. However, since 1 July 2015, each employee, whose employment contract lasted for two years or longer and is terminated upon initiative of the employer, is, in principle, entitled to a transition compensation, this includes employees of Embassies and Consulates. The entitlement to transition compensation will lapse due to imputable acts or omissions by the employee. However, the court will be able to grant the employee transition compensation even in the event of imputable acts or omissions, if not granting compensation would be unacceptable according to standards of reasonableness and fairness. The Zeeland-West-Brabant District Court has made use of this option in a case regarding a secondary school teacher who had given one of his students the answers of a test. According to the Court, this was a case of dismissal due to imputable acts or omissions. However, the Court did grant the teacher transition compensation. The teacher had been teaching at the school for almost ten years and would have been punished disproportionally for a transgression had he not been granted compensation. Employer not obliged to inform employee of potential entitlement to transition compensation The Midden-Nederland District Court decided that there is no general obligation for the employer to inform the employee of a potential entitlement to transition compensation in negotiations on termination with mutual consent. After a termination with mutual consent, each employee has a reflection period of 14 days. This is sufficient time to get information on the rights and duties with respect to a termination of the employment contract; information can be received from a lawyer, for instance. The level of fair compensation A fair compensation may be granted due to imputable acts by the Embassy or Consulate as an employer. What the factors are and why they will be determining for the level of fair compensation is (still) unclear. The Limburg District Court granted an employee a fair compensation of EUR 5,000 who had been dismissed instantly without due cause. According to the Court, the level of compensation followed “the exceptional circumstances of the case” and took into account the employer’s financial situation. The Oost-Brabant District Court granted an employee a fair compensation whose employment contract had been terminated upon his request due to imputable acts by the employer. The level of fair compensation equalled the transition compensation. Thus, this employee received a total amount of over EUR 30,000, consisting of twice the transition compensation. In a later decision, the Oost-Brabant District Court based the level of the fair compensation on the difference between the most recent salary of the employee and the amount of unemployment benefits for a period of six months (the employee is expected to find a new job within this period). A fair compensation was granted, consisting of EUR 10,000. Maintaining a dormant employment contract a seriously imputable act? An employee of an Embassy or Consulate who is unable to work and whose employment contract is terminated after two years of incapacity for work upon the initiative of the employer is, in principle, entitled to transition compensation. The Midden-Nederland District Court decided on the question whether maintaining of a dormant employment contract with an employee who had been unable to work for more than two years could be considered a seriously imputable act by the employer who tried to avoid transition compensation. In this case, the employee himself had requested the Court to set aside the employment contract and to be granted transition compensation and a fair compensation. The employee no longer received a salary. According to the employee, the employer did not want to terminate the employment contract to avoid having to pay transition compensation. The employer denied that. The Midden-Nederland District Court decided that if the employment contract is kept dormant solely to avoid transition payment, this is indecent but cannot be considered a seriously imputable act. The District Court terminated the employment contract but granted neither transition compensation nor a fair compensation. Currently, the government considers an amendment of the law, i.e. to determine that no transition compensation is due after 2 years of sickness absence of the employee. Action Make sure to keep sound records of the (inadequate) performance of employees. Ensure you will have proof of the mandatory notice in the case of fixed-term contracts.   More information: Would you like to get further information about how the new employment law works in actual practice for Embassies and Consulates? Or do you have any other questions regarding hiring and firing staff?. Please contact: Jan Dop, LL.M. (jan.dop@russell.nl). About the author: Jan Dop is partner and Head of the Embassy Desk at Russell Advocaten. He advises and represents corporations, entrepreneurs and HR departments in corporate and commercial matters.  

The Caspian 5 and Arctic 5 – Critical Similarities

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Pictured Prof. Anis H. Bajrektarevic. For couple of years, the world’s attention remains focused on Ukraine, with Crimea portrayed as its hotbed. No wonder as this peninsula is an absolutely pivotal portion of the Black Sea theatre for the very survival of the Black Sea fleet to both Russia and Ukraine. What is the larger context of this call of ‘confrontational nostalgia’? It reveals a dust of the old chapters of history books full of overt and covert struggles between Atlantic–Central Europe (lately aided by the US) and Russophone Europe for the influence and strategic depth extension over a playground called Eastern Europe. However, there are two other vital theatres for these same protagonists, both remaining underreported and less elaborated. Author brings an interesting account on Caspian and Artic, by contrasting and comparing them. He claims that both water plateaus are of utmost geopolitical as well as of geo-economic (biota, energy, transport) importance, and that Caspian and Arctic will considerably influence passions and imperatives of any future mega geopolitical strategies – far more than Black Sea could have ever had.   The Caspian 5 and Arctic 5 – Critical Similarities / Between Inner Lake and Open Sea By Prof. Anis H. Bajrektarevic.              As the rapid melting of the Polar caps has unexpectedly turned distanced and dim economic possibilities into viable geo-economic and geopolitical probabilities, so it was with the unexpected and fast meltdown of Russia’s historic empire – the Soviet Union. Once considered as the Russian inner lake, the Caspian has presented itself as an open/high sea of opportunities literally overnight – not only for the (new, increased number of) riparian states, but also for the belt of (new and old) neighbouring, and other interested (overseas) states. Interest of external players ranges from the symbolic or rather rhetorical, to the global geopolitical; from an antagonizing political conditionality and constrain to the pragmatic trade-off between (inflicting pain of) political influence and energy supply gain. Big consumers such as China, India or the European Union (EU) are additionally driven by its own energy imperative: to improve the energy security (including the reduction of external dependencies) as well as to diversify its supplies, modes and forms on a long run. On a promise of allegedly vast oil and natural gas resources (most of which untapped), the Caspian is witnessing the “New Grand Game” – struggle for the domination and influence over the region and its resources as well as transportation routes. Notably, the Caspian is a large landlocked water plateau without any connection with the outer water systems. Moreover, 3 out of 5 riparian states are land-locking Caspian, but are themselves landlocked too. (Former Soviet republics of) Azerbaijan, Kazakhstan and Turkmenistan have no direct access to any international waters. That means that pipelines remain the only mode of transportation and delivery of carbonic fuels, thus creating yet another segment for competition, and source of regional tension as the 3 raparian states do depend on their neighbours for export routes. Finally, due to both the unsolved legal status of the Basin as well as the number of political and territorial disputes in Caucasus and on the Caspian, numerous new pipeline constructions and expansion projects have been proposed, but so far not operationalized. For the EU, the most important being the Nabucco pipeline, which, although not fully guaranteed, serves as the hope for reduced dependence on Russia. The following lines will therefore consider the geopolitical, legal and economic (including the energy security for the final end–user, supplier and transiting countries) features of the Caspian theatre, complex interplays and possible future outlook. To explain the long lasting Russian presence at Caspian and still prone interested in the region, two factors are at interplay: geopolitical and geo–economic. Ever since Peter the Great, Russian geopolitical imperative is to extend the strategic depth. It naturally necessitated ensuring the security for its southwest and southern flanks of the Empire. Such a security imperative brought about bitter struggles for Russia over the domination of huge theatre: Eastern and Central Balkans, Black Sea, Caucasus and Caspian basin. Russia was there contested by the Habsburg empire, by the Ottomans, Iran (and after collapse of the Ottomans by the Britons) all throughout the pre-modern and modern times. Just a quick glance on the map of western and southwest Russia will be self-explanatory showing the geostrategic imperative; low laying areas of Russia were unprotectable without dominating the mountain chains at Caucasus, Carpathian – Black Sea – Caucasus – Caspian – Kopet Dag. Historically, the main fight of Russia was with the Ottomans over this line. When the Ottomans were eliminated from the historic scene, it was Britain on the Indian subcontinent and in Iran as a main contester – the fact that eventually led to effective splitting the basin into two spheres of influence – British and Russian. The Caspian water plateau – a unique basin The Caspian (Azerbaijani: Xəzər dənizi, Persian: دریای خزر or دریای مازندران, Russian: Каспийское море, Kazakh: Каспий теңізі, Turkmen: Hazar deňzi) is the world’s largest enclosed or landlocked body of (salty) water – approximately of the size of Germany and the Netherlands combined. Geographical literature refers to this water plateau as the sea, or world’s largest lake that covers an area of 386,400 km² (a total length of 1,200 km from north to south, and a width ranging from a minimum of 196 km to a maximum of 435 km), with the mean depth of about 170 meters (maximum southern depth is at 1025 m). At present, the Caspian water line is some 28 meters below sea level (median measure of the first decade of 21st century)[1]. The total Caspian coastline measures to nearly 7,000 km, being shared by five riparian (or littoral) states. Caspian picture1 Figure 1: The Caspian Sea and its hydrogeology Sources: WorldAtlas (n.d.a.), n.p.a.; EVS (2011), n.p.a The very legal status of this unique body of water is still unsolved: Sea or lake? As international law defers lakes from seas, the Caspian should be referred as the water plateau or the Caspian basin. Interestingly enough, the Caspian is indeed both sea and lake: northern portions of the Caspian display characteristics of a freshwater lake (e.g. due to influx of the largest European river – Volga, river Ural and other relatively smaller river systems from Russia’s north), and in the southern portions where waters are considerably deeper but without major river inflows, salinity of waters is evident and the Caspian appears as a sea. (Median salinity of the Caspian is approximately 1/3 relative to the oceanic waters average). Caspian picture2 The geomorphology of the Caspian is unique and many authors have referred to the formation similarities of the Black Sea–Caspian–Aral and their interconnectivity back to Pleistocene. Most probably, some 5,5 million years ago two factors landlocked the Caspian: the tectonic uplift of the basin and the dramatic fall of the earth’s oceanic levels which literally trapped the Caspian to the present shores. Due to its unique formation and present water composition variations, the Caspian hosts rare biodiversity and many endemic species of flora and fauna (presently, threatened by rising exploration and exploitation of vast oil and gas reserves). The Inner Circle – Similarities The so-called “Inner Circle” of the Caspian Basin consists of the five littoral (riparian) states, namely Russia, Iran, Azerbaijan, Kazakhstan, and Turkmenistan, sharing the common coastline. As much as the geographically distant as well as different by their distinctive geomorphology and hydrology, the Arctic and Caspian – when contrasted and compared – however resemble several critical similarities. Both theaters are grand bodies of water surrounded by 5 riparian/littoral states. (Meaning both are water surrounded by landmass, while Antarctica represents landmass surrounded by water.) Both of them are of huge and largely unexplored natural resources and marine biota. Both the Artic and Caspian have numerous territorial disputes and are of absolute geopolitical importance for their respective littoral states, and well beyond. Finally, both theaters are also of unsolved legal status – drifting between an external quest for creation of special international regime and the existing Law of Sea Convention system (UNCLOS). Ergo, in both theaters, the dynamic of the littoral states displays the following: Dismissive: Erode the efforts of international community/external interested parties for creation of the Antarctica-like treaty (by keeping the UNCLOS referential); Assertive: Maximize the shares of the spoils of partition – extend the EEZ and continental shelf as to divide most if not the entire body of water only among the Five; Reconciliatory: Prevent any direct confrontation among the riparian states over the spoils – resolve the claims without arbitration of the III parties. (preferably CLCS). One of the most important differentiating elements of the two theatres is the composition of littoral states. The constellation of the Arctic Five, we can consider as being symmetric – each of the Five has an open sea access (as the Arctic itself has wide connection with the oceanic systems of Atlantic and Pacific). On contrary, the Caspian Five are of asymmetric constellation. The Caspian Five could be roughly divided on the old/traditional two (Russia and Iran), and the three newcomers (Azerbaijan, Kazakhstan and Turkmenistan). This division corresponds also with the following characteristic: only Iran and Russia have an open sea access, other three countries are landlocked – as the Caspian itself is a landlocked body of water. Like no other country, the Persian proper is uniquely situated by connecting the Euro-Med/MENA with Central and South, well to the East Asia landmass. Additionally, it solely bridges the two key Euro-Asian energy plateaus: the Gulf and Caspian. This gives Iran an absolutely pivotal geopolitical and geo-economic posture over the larger region – an opportunity but also an exposure! No wonder that Teheran needs Moscow for its own regime survival, as the impressive US physical presence in the Gulf represents a double threat to Iran – geopolitically and geo-economically. The author: Prof. Anis H. Bajrektarevic anis@corpsdiplomatique.cd  Addendum Besides the fact that the two poles are permafrost encircling the geographic and magnetic poles of the planet, nearly everything else is different with the two polar regions; morphological, climatic, anthropo-biological, political and legal standing. The Southern pole-Antarctica is the region governed by a treaty, which is fully accepted by the entire international community (that includes all of the neighboring and interested states), however, of a limited timeline (50 years). In the North-Arctic, on the contrary, the setup of the special legal framework is still under discussion. Due to the current global warming, vast perennial ice sheets are melting – a clear environmental threat but also an economic opportunity (like: the alternative shipping routes as well as the large biota and mineral deposits at hand). A question would arise when the absence of a definite legal setting in the Arctic and the increased focus on national (geoeconomic and geopolitical) interests of the circumpolar states might trigger border tensions, domestic unrest, an open armed conflict and hence, endanger the global security. Among the Five there is a lot: two are P-5 members and both of them (former) superpowers, four are the NATO members facing Russia on the other edge, three European versus two American, one in the EU, three of the G-8, and all of them the OSCE members. Is it a change or is it the maintenance of the Arctic and Antarctic status quo to preserve the power balance? The following lines are a brief geopolitical overview on the Arctic and Antarctica, including their characteristics and environmental factors. The Arctic is one of the world’s regions most affected by climate change: average temperatures are rising as twice as fast as at any other spot of the planet. 2 The perennial ice sheets are melting with an unexpected speed coupled with the ever-shorter winter snow season. With the shrinking snow-cover area (deglaciation), less sunlight is refracted back to the atmosphere – a pattern that further accelerates a temperature rise (due to increased sun-radiation, the absorption by the less refractable and more absorptive, dark-coloured ocean). The WMO/IPCC expect an increase of about 6 to 7°C in the course of this century (surely with some microclimatic variances). Although there is no scientific consensus on the cause/s, the effects are undisputed – the Arctic (being more vulnerable than any other region on earth) is responding rather fast to the climate change. The thinned and holed ozone layer will further accelerate warming in this area. In addition to the fact that the polar caps are the main stabilizers and regulators of the plant’s climate (with all weather patterns), there are also the biggest reserves of fresh water. Through the rapid de-glaciation of Greenland and Antarctic, and the melting of the Arctic ice sheets, a spill of fresh water is released, seriously affecting: oceanic volumes (a sea level rise), their temperatures density and salinity which finally through the oceanic conveyor belt affects the oceans’ circulation system and consequently the climate all over the world. It remains unclear what (sort, severity and frequency of) consequences this might have to Europe’s climate and general weather conditions. The future scenarios are ranging from a substantial warming (coupled with severe droughts and extreme weather conditions), up to a subsequent cooling. Another consequence affecting the Arctic is the thawing of permafrost (permanently frozen land). Through the thawing of the soil, methane that was trapped for centuries is released into the atmosphere, which further contributes to the greenhouse gas effect. In addition to a dangerous methane release, the very defrosting of permafrost will cause the destruction of buildings, communicational infrastructure such as roads and airports, as well as deviations of industrial facilities and oil/gas pipelines within the Arctic Circle. Flora and fauna will definitely undergo significant changes. Oceanic and terrestrial species will move further north, some of them already under stress of extinction as their natural habitats of vegetation zones are affected too. The Arctic region is experiencing a profound change and has to face severe challenges, which are to be felt far beyond its polar parameters. Climate change in polar regions and the subsequent geopolitical adjustments to meet them, are expected to be among the largest and most rapid of any region on the Earth. They will undeniably cause major physical, ecological, socio-economic (incl. transportation-distribution channels), socio-economic and politico-military shifts, especially in the Arctic theatre. The Arctic (on the contrary to Antarctica and same as Caspian) is not a subject to any specific international legal provisions. The only exception is the island of Svalbard which has (though imperfect) the clearly defined, restraining (semi-ATS like) legal framework. The Five littoral, circumpolar states of Arctic have a desire and legal opportunity (thought the UNCLOS stipulated CLCS machinery) to lodge the territorial claims over the Arctic. That is something that none of the Five would like to see changed for a new restraining international instrument whose scope would be negotiated by large number of states beyond the polar parameter. Out of the twelve original parties to the Antarctica treaty, three are among the Arctic Five (Norway, Russia/SU and the US). Out of the Arctic Five, we can consider only three as real polar states. Irrespectively of the size, might and the degree of technological advancement, no country can close a specific polar-knowledge gap within few decades. It took Denmark, Norway and Russia several centuries to master the ice. Although the US portraits itself as a “fish of high seas” – a supreme ruler of the world oceans, it is primarily a “fish” of warm seas. The US suffers from territorial discontinuity with its Alaska proper. After all, the Alaska gives relatively modest share of the Arctic theatre. The US presence in the Antarctica is less substantive and more symbolic – to confirm the prestige and to observe the activities of others. Likewise, the main Arctic concern for the US is to deter Russia – for the time being there is no indication of the bolder Arctic presence. Finally, by not ratifying the UNCLOS, the U.S. cannot lodge the claim, but also (equally, if not more importantly) cannot decide on claims of others. Canada, on its own end, is neither a typical polar state nor considerable naval power. Its, second longest, Arctic border so far is more of a burden than of an advantage for the government in Ottawa. Canada is one of the most disproportionate states: huge territory with the tiny population centered at the far south of the country – of the exposed, unexplored and literally empty central and northern territory. Long green and blue borders as well as the lack of substantive Arctic expertise will keep the US close to Canada in their security and geoeconomic considerations, still not without frictions. If the US is a “fish of warm seas” than Denmark and Norway are the “fish of cold seas” and Russia is a “polar bear” of permafrost. Russia clearly has very strong position as it owns not only the longest Arctic coastline but it also holds a long history of Arctic presence. Traditionally, the High North has been a constant geopolitical imperative since the Peter the Great times. Parallel and well-established geoeconomic drive is getting a new vigor with the Putin and Medvedev’s administrations. The bold (sometimes noisy) Russian Arctic policy is another signal that the Federation is not going to disappear into the second row of the global politics and economy, but will increase its (non-territorial leverage and geopolitical) projection as a major energy supplier of the world throughout the 21st century. It is hard to imagine any relevant Arctic issue to be resolved (even discussed) without an explicit Russian consent. Norway, the small state with the large pool of historical knowledge and advanced technologies is a loner in the political environment, a nation between the EU and the Russian Federation, and the key northern flank NATO member. It takes a friendly but firm position in international relations and Arctic matters. Close proximity coupled with unresolved Arctic territorial disputes and lucrative economic prospects of joint ventures will keep Russia and Norway out of open confrontational course. Canada’s neighbour Greenland connects the EU to the Arctic. The largest world’s island and its tiny population will be contested with the environmental, economic and political challenges in the up- coming decades. Greenland’s road-map is gradual but decisive independence, less home grown and more Danish induced. However, at the moment Greenland is still highly dependent on Danish subsidies, including diplomatic one. It is still Danish signature that holds the biggest NATO Arctic base on the very Greenland’s soil. Clearly, no instrument comparable to the Antarctic Treaty System will be established in the Arctic, even if there are several advocates demanding it. Each and every of the Arctic Five will continue to keep any external party far away from substantive participation in the polar matters. However, it is not a guaranty for the frictionless relations among the Five: the North Pole was the most militarized region of the world at the peaks of Cold War (and still holds huge military arsenal), while at the same time the South Pole was (and still is) the only demilitarized continent of the planet. In the Antarctica, a sudden change of the current legal regime is very unlikely. The Artic and Caspian region will try to preserve de facto regime – without mayor external interferences, as long as their fragile equilibrium remains. Further on, the Southern Pole is far from the prime centres of the world gravity: the US, the EU, Russia and Japan – all four of them are situated well on the northern hemisphere – closer to Arctic, and some even connected by pipelines with Caspian. The Polar Regions, although inhabitable, of harsh and hostile weather conditions, and distant from any prominent center of human activity, will certainly have major influence on a climatic and environmental, socio-economic, politico-military and overall security matters throughout the 21st century, and therefore require a closer consideration as well as the careful and constant observation [1] The Caspian basin records gradual and cyclical water level variations that are basically synchronized with the volume discharge of the Volga river system and co-related to the complex North Atlantic oscillations (amount of North Atlantic depressions that reaches the Eurasian land mass interior).

In international diplomacy: Intentions matter!

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By Prof Dr André Nijhof  and Nika Salvetti. About two years ago we were involved in a trade mission to a developing country. This trade mission focused on cooperation in the field of ICT, so a visit to a local High-Tec was part of the program. Arriving at this High Tec Campus we noticed that it was ‘in the middle of nowhere’ and there were no offices of companies. The only building was from the park management and they assured us that all infrastructure for the companies was there for already a couple of years. When we asked what their current priority was, they answered initiating new high-tech campuses somewhere else around the capital of this country. One way how to look at this story is to see it as a symptom of a failing and corrupt system. More than 10 million dollars paid for by a governmental institute with almost no added value. And these excesses of spending money linked to personal gain are visible in any sector, whether it is the FIFA or Alpe D’huzes as NGOs, Enron or Bernie Madoff in the corporate sector or the politicians mentioned in the Panama Papers from the governmental sector. These are just the visible cases. Probably there are many more that are just waiting to be revealed. What’s going wrong? Maybe an important part of it is our focus on actions and results. In case of the High-Tec Campus all actions and results that were agreed upon were delivered, but still it could be considered a wasted effort. This is not something that can be solved by an input-output-outcome-impact-model. Instead we should acknowledge that intentions matter! What is your intentions when you engage in development projects? Is it just to serve your organizational or personal interest? Or is it to make a significant contribution to a bigger purpose? Conditions can always change, but if the intention is there people can adapt and still create positive impact. So for the High-Tec Campus the situation could be completely different if the people involved would have worked on it from a different intention. In projects linked to international diplomacy there is often so much effort going into drafting clear project plans, assessing objective criteria in tender processes and auditing the delivery of actions and results. Of course this should be there to some extent as a backup option. But the difference between successful and non-successful project is often much more linked to the intentions of the people involved. But how much room is there to include perceptions about the intentions of people in international diplomacy? According to us, not enough!   About the authors: Prof Dr André Nijhof is full professor in Sustainable Business and Stewardship and is visiting professor at Chang Gung University in Taiwan and the University for Peace in Costa Rica. Nika Salvetti is a PhD candidate and practitioner in the field of CSR, Sustainability, Social Responsibility where she worked on in different developing countries such as Bangladesh, Uganda, Guatemala, as well as in Costa Rica, the overall Balkans and Middle East.   About Nyenrode Business Universiteit Nyenrode Business Universiteit is the only private university in the Netherlands, founded for and by business. Nyenrode pillars of Leadership, Entrepreneurship and Stewardship are reflected in all of their programs which include undergraduate and graduate degrees in management, business, finance and accounting. Nyenrode is a proud partner of Diplomat Magazine. Together, we have developed the Nyenrode – Diplomat Magazine Award which recognizes the talents from the diplomat network in the Netherlands and worldwide by providing them with exclusive scholarships for the programs Bachelor of Science in Business Administration, Master (MSc) in Management, full-time International MBA and part-time Executive MBA. For more information visit www.nyenrodemasters.nl/diplomat and sign up for a personal consultation.    

Modern diplomacy and enduring interests in Dutch – Asian relations

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By Peter Potman, director of the Asia and Oceania Department at the Dutch Ministry of Foreign Affairs As Director of the Asia and Oceania Department I and my team look after our relations with two thirds of the world’s population. We do so with just over 20 people. As the Dutch say: if you are not strong, you have to be smart. On my first day in office, two years ago, freshly returned from Shanghai, where I served as Consul-General, the Ministry had switched to new working methods as part of our modernization drive. In Shanghai I had a large fancy office. Now I could pick a desk in a large bright room with some twenty people. No more long, dark corridors and a director safely tucked away behind a protective secretary, but a more egalitarian structure and easier communication possibilities. Indeed, in a world that rapidly changes into a network society, diplomats must adapt as well. We have to become more digitally savvy, use social networks, and be able to work outside of our office. Better ICT, including iPhones and iPads, helps us to work from any place in the world. One of the core innovations to me is an enhanced interaction with the stakeholders in our foreign policy in the Netherlands. No more ivory tower, because our society is now so internationalized that many people have a stake in foreign policy formulation. That is why we have developed a domestic outreach program, called ‘Asia Carrousel’, through which we organize (networking) events with and for our partners. For instance, together with the University of Leiden, we brought together our ambassadors in Asia and our universities to deepen our relationship and benefit from their knowledge. They, for their part, interact with Asian students and universities, which from a diplomatic perspective is crucial, since diplomacy is no longer just about States, but also about the interaction between various non-state actors, hence the importance of ‘people to people contacts’. On another occasion, Asian and Dutch Ambassadors, together with a large group of Dutch experts from the office of the National Prosecutor, the Police and NGOs, discussed the challenge of combatting human trafficking between Asia and the Netherlands with a view to better cooperation. Of course, our core business remains advancing bilateral relations, and promoting Dutch policy priorities in an Asian context. In doing so, we are not confined to the Netherlands. In May I travelled to Ulaanbaatar, Mongolia, in preparation of the next Summit of the Asia-Europe Meeting (ASEM), which will take place in July. ASEM offers a unique platform for cooperation between the two regions of our Eurasian continent, for instance in the field of trade facilitation, cultural and student exchanges, global governance and regional crises. For me, it is also a great opportunity to meet personally with so many of my Asian colleagues. Because, all modernity’s attractions aside, in diplomacy, still nothing beats face-to-face contact! Another classical, indispensable part of our work is the organization of incoming and outgoing visits of Heads of State and/or Government. This allows us to interact with a wide range of actors, including, of course, our colleagues from the Asian embassies here in The Hague. For the recent visit of President Joko Widodo, for instance, we were in close touch with many stakeholders: the Port of Rotterdam and Leiden University, Dutch companies, and the colleagues preparing the meetings with Prime Minister Rutte and the audience with His Majesty King Willem-Alexander. On such occasions old and new diplomacy come together in advancing the broad range of interests of our country and its inhabitants. In sum, the Asia and Oceania department is trying to combine the classic virtues of bilateral diplomacy with the demands of a modern age, in which multiple stakeholders want to have a legitimate say in our foreign policy and where the digital revolution has created the need for multiple communication channels and a more flexible approach to when and where we do our work. But of course, I still look forward to meeting you at the next reception!Photography by Photography by the Communications Department of MFA.  

BGMEA University of Fashion & Technology contributing to Bangladesh higher education

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  By Prof. Dr. Engr. Ayub Nabi Khan, Pro Vice Chancellor, BGMEA University of Fashion & Technology (BUFT). Dhaka Bangladesh BGMEA University of Fashion & Technology (BUFT) was set up in March 2012 under the Private Universities Act of 2010 and is dedicated to the development of human resources for the readymade garment, textile and allied sectors of Bangladesh. The aim is to develop this university as a centre of excellence for the study, research and development to serve the nation. It was functioning from 1999 named as BGMEA Institute of Fashion & Technology (BIFT), a pioneer and leading educational training institute specialized in the apparel sector of Bangladesh with a noble mission to produce skilled manpower for the local 100% export oriented readymade garments (RMG) sector. BGMEA University of Fashion & Technology (BUFT) has been making a significant contribution to higher education since its inception. As a centre of excellence, this university imparts quality and modern education to the students so that they can confidently face global challenges and also our students will contribute towards building their acquired knowledge and skill imbued with the spirit of patriotism. With the current global economic down turn the world has changed and along with it the ways to practice trade and commerce. A changing environment demands new technology and services. Customers have diversified and the buyers and vendors are constantly under pressure for quality products and good working conditions. Growth depends on fulfillment of social compliance and our RMG sector must be capable of facing such challenges to meet international standards. BUFT is always there to help bring about the changes to sustain our growth and achieve target 50bn US dollar export. In order to cater the needs of the RMG and textile sector, BUFT offers following academic and skill development on post graduate, under graduate, diploma and certificate courses under the faculties: Faculty of Apparel & Textile Engineering (FTE): Department of Apparel Manufacturing & Technology (AMT), Knitwear Manufacturing & Technology (KMT), Textile Engg (TE) and Textile Management (TM), Bachelor of Business Administration (BBA), Master of Business Administration (RMBA & EMBA) & MBA in Apparel Merchandising and Faculty of Arts & Social Sciences (FASS): Department of English, Economics and Law- 4-year Bachelor of Arts degree, 4-year Bachelor of Social Science degree. BUFT is equipped with the state-of-the Art, RMG & Textile laboratories, Computer lab and Computer Aided Design (CAD) Lab, Product Development Lab, Broadband Internet facilities and Modern Library. BUFT graduates with their skills, training and knowledge would be able to build their chosen career and contribute effectively towards the overall development of the nation. BUFT students get benefit from high quality teaching and learning combined with industry standard facilities as well as professional input into our courses through live projects, industry placement and other lectures delivered by leading RMG and Textile professionals. Our faculty members are not only familiar with theories and academic aspects but also have extensive professional experience and practice. They highly qualified and experienced teachers are capable to disseminate their knowledge to the students in order to extend horizons and open up new prospects and perspectives. BUFT students participate in national and international level fashion show and competitions. Society of Dyers and Colorists (SDC) International Design Competition TESCO Graphic Design competition and IFFTI Design Competition are examples. BUFT students have been awarded with 1st and 2nd places in those competitions. At present academic programs are carried out in Uttara at prime location of Dhaka city with 125,000 sq feet area. Currently construction of mega structure is going on in full swing for new permanent campus of 450,000 square feet area with State of –the –Art laboratories, Modern Library with WiFi facility, Class Rooms and other modern facilities for the students. It’s expected to start all present academic programmes by the end of 2016 in new permanent campus. Projects named BQSP and BTWG under UNIDO were successfully completed. Presently a project titled “Corporate Social Responsibility, SRHR and Innovative Leadership in the RMG in Bangladesh” is running in BUFT under collaborative partnership with the Kingdom of Netherlands in order to create more CSR in terms of socio economic development and environmental protect in RMG sector of Bangladesh to achieve international compliance. This is said to be first of its kind in Bangladesh. EU funded SMART Project title `Life –cycle based sector study on readymade garments’ has started in BUFT to conduct research on supply chain management in RMG sector of Bangladesh. BUFT is a permanent member of the International Federation of Fashion Institute (IFFTI) and corporate member of the Textile Institute, UK.          

From IWC with Love

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An Interview with Barbara Couwenbergh: from IWC with Love   By Ellen Brager. The important function that the International Women’s Clubs fulfill is well known in diplomatic communities around the world. For many expat women it is an essential source of support to smooth their transition to a new post and their integration into a new culture. While everything is unfamiliar upon arrival in a new country, the IWC is a safe haven of like-minded people who are experiencing the same challenges or have already overcome them, and are willing to share what they have learned in the process. The group is also strengthened by the many local members who are happy to share their vast resources at the various meetings and social events. The IWC of The Hague was founded in 1978 and today counts more than 330 members from over 60 countries, including diplomats from China, Ireland, Lebanon, Taiwan, Cyprus, Ukraine, Bangladesh, and Pakistan. The activities they organize range from historical and cultural excursions, arts and crafts activities, game and sports sessions to book clubs, language classes and lectures, as well as charity events and fundraisers. On the second Monday of every month a special guest speaker is invited to speak at the Club Meeting about an important aspect of the local society, and once or twice a year the club organizes a Country Morning, during which the members of a specific country, with the participation of their Embassy, present their home country from all possible angles: history – culture – economy – tourism – cuisine – the arts. Most recently it was Mrs. Orsolya Szijjártó, Ambassador of Hungary, who presented her nation at such a Country Morning, treating the IWC members to a very interesting presentation that included a wonderful Hungarian mezzo soprano and fascinating Hungarian dances. The guest speaker at the December Club Meeting was Roland Kieft, Artistic Director of the Residentie Orkest. After an introduction by Henriëtte van Aartsen, Honorary President of the Club, he took the audience on a virtual tour behind the scenes of this important The Hague orchestra. These are just a few examples of the caliber of activities and events organized by the IWC for its members. It is obvious that such happenings require a lot of thought, planning, coordination and dedication. It is precisely this dedication that makes Barbara Couwenbergh stand out as the current President of the IWC of The Hague. When she speaks about the Club it is clear that her heart and soul are in it. She became an active member in1994 and later took on the responsibilities of Program Manager, a job that she absolutely loved, so much so that when offered the Presidency she did not accept right away. Does she regret it? She admits that it was hard to hand over the Program Manager’s responsibilities to someone else with a different vision and approach, but that her position at the helm of the organization has allowed her to meet many interesting people and to learn about subjects she may not have known about otherwise. “Luckily I have a great example to follow in Hanneke van Eekelen, the original Founder and still Honorary Member”, she says. “I admire how she has been able to take the back seat despite her obvious emotional attachments. She is always available to give advice when I need it, but will never impose her opinion.” Barbara was born in the Polish city of Łódź, often called the Manchester of the East as a result of its rapid growth in the mid 19th century due to the flourishing textile industry in which her ancestors played a major role. As a young child Barbara moved with her parents to Straubing, a little village in Lower Bavaria, where she spent her childhood. She went on to study French Language & Literature at the Sorbonne in Paris where she met her husband, a Dutch tourist in the City of Love. He swept her off her feet and took her to Holland. They settled in Delft and once adjusted to her new life, she took up her studies again in Leiden, switching from French to German Language & Literature and adding a double major in Art History and Pedagogy. It is evidence of her strong will and determination that she managed to finish her studies in only five years while having two young children at home. “Back then there was no consideration at the universities for married women with children”, she remembers, “they should better stay at home! And there were no computers. When we had to do research we had to spend hours in the library. It was not easy.” With three degrees under her belt, she soon obtained a job at the Sorghvliet Gymnasium as a German teacher. “My first class was a disaster”, she recalls. “My Dutch was still not all that fluent and the teenagers I had to teach thought my accent was hilarious.” But she survived and later moved to the Lycée Français, a job she enjoyed a lot because it brought her memories from her time in Paris. 3251-016 NL DM Barbara Couwenbergh-DMNow retired from her teaching job, she dedicates a good part of her time to the IWC. She has been a Board Member for the past three years and President since last year. It is with evident pride that she mentions that in the last month alone the Club added 26 new members. The vast majority are native English speakers, but many other countries are represented. Since the by-laws cap the Dutch membership at 25% there is a long waiting list of locals with an interest in the international community of their city. She is especially grateful to the very active Dutch members who donate so much time and resources for the benefit of the other members. What are the conditions to become a member? Be able to communicate in English and be a woman. Anyone with a foreign nationality at birth is welcome, while Dutch membership is capped. Will the Club ever be open to men? “Who knows?”, says Barbara. “There has been some discussion about it in the past, but it is a delicate issue because of the international nature of the Club.” So, for the time being, Barbara’s mission is to serve international women only, a job she does with love. Photography by Henry Arvidsson.    

A feminist foreign policy, relevant also in The Hague

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By Per Holmström, Ambassador of Sweden to the Kingdom of the Netherlands. More than 20 years have passed since The 1995 Fourth World Conference on Women in Beijing and more than 15 since the United Nations Security Council adopted resolution 1325 on women, peace and security. Many positive developments have taken place in the meantime, but we are all far from reaching our objectives when it comes to gender equality. More work is needed. In 2014 the Swedish Government and Foreign Minister Margot Wallström declared that Sweden would conduct a feminist foreign policy. At the time, the term was met with some giggles, some misunderstandings, some hostility, but also with a lot of anticipation and enthusiasm. Today, it is a more broadly accepted concept and some countries are actually following suit. Apart from the obvious principle, working towards gender equality is not a zero-sum game. Instead, empowering women and girls is a win-win situation, for individuals as well as for societies. And on a more personal note, as a parent, how could I wish for anything else than for my teenage daughter – and the millions of her likes throughout the world – to live in a world where they can achieve their full potential and live lives free of discrimination? I am happy and proud to do my part to try to achieve that goal. It all starts somewhere. The objectives of the Swedish policy cover a wide range of areas, such as full enjoyment of human rights, freedom from physical, psychological and sexual violence, participation in preventing and resolving conflicts, and post-conflict peacebuilding, political participation and influence in all areas of society, economic rights and empowerment as well as sexual and reproductive health and rights (SRHR). To make it simpler, and maybe a bit catchier, we like to talk about the 3R’s as a concept, those being (equal access to) rights, representation and resources.[1] In The Hague – rightly called the capital of peace and justice – the concept of equal access to rights is more pertinent than in many other places. Among the many institutions in the city, the International Criminal Court – the ICC – is perhaps the most well-known, and absolutely one of the more important, as its task is to make judgements on the most serious crimes, such as genocide, war crimes and crimes against humanity. As it should, the Court is a fully independent institution, but that does not exclude participation by “member states” – the State Parties – in promoting the Court’s activity and its mandate. Many are actively engaged in encouraging so called universality (attracting more signatories), promoting States cooperation with the Court, or in our case furthering the concept of complementarity, a bit simplified this implies working towards adapting states’ legislation, procedures and administration so that prosecuting the most serious crimes can take place in the state concerned, rather than at the ICC. Sweden, deeply committed to a well-functioning multilateral system, is proud to take on a special role in this important effort, together with Botswana. In doing so we have been focusing specifically on victims of sexual and gender based violence in conflict. Sadly, such crimes are frequent, and in some instances cynically used as a strategy in conflicts. By working together with the Court, governments, administrations and civil society in identifying hurdles and solutions, our aim is to raise awareness but also to increase the possibilities for those victims to be able to gain access to justice. It is far from academic. Real people, real women and girls (and men), face stigma and genuine obstacles to having their voices heard. Any one victim helped is worth the effort. Photography by Mr. Sören Andersson.   [1] https://www.youtube.com/watch?v=xv6Q46cdndw

Master in Contemporary Diplomacy

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  Accelerate your career with this online diplomacy programme, offered by DiploFoundation and the University of Malta.   Join experienced practitioners, working diplomats, and other international relations professionals to learn about the theoretical and practical building blocks of diplomacy, with a focus on contemporary issues and challenges. How the programme works First, you attend a 10-day residential workshop in Malta. Here you will get a clear overview of the programme, meet your classmates and some of the faculty members, and develop skills in critical areas of diplomacy including negotiation, protocol, and language. Next, you participate in five online courses, each lasting ten weeks. You select your courses from our extensive catalogue which includes Bilateral Diplomacy, Multilateral Diplomacy, E-Diplomacy, Development Diplomacy, Language and Diplomacy, Diplomacy of Small States, and more. Courses are kept up-to-date and relevant through discussion of current events and trends. Online study involves reading and discussing lecture texts with course lecturers and fellow participants, completing learning activities and assignments, and joining online meetings. Once you have completed these courses, you are eligible to receive a Postgraduate Diploma in Contemporary Diplomacy awarded by the University of Malta. You can get a head start by attending one or two of your online courses in 2016 – read more about this option below. If you continue to the Master’s degree, the final part of the programme is writing your dissertation under the personal guidance of a faculty member. On successful completion, you will receive a Master in Contemporary Diplomacy awarded by the University of Malta. Faculty members include practising and retired diplomats and academics with both theoretical expertise and practical experience in the field. Online learning takes place in small groups and is highly interactive, drawing on the experience and knowledge of participants as well as lecturers. Course work is flexible: within a weekly schedule, you decide when and where to study. The programme requires 7-10 hours of study per week. The Master in Contemporary Diplomacy is recognised worldwide and has European postgraduate accreditation through the Faculty of Arts at the University of Malta. Graduates of the Master programme work in ministries of foreign affairs around the world, as well as other government bodies and international organisations. For additional information: http://www.um.edu.mt/arts/int-relations/diplo

   

Mediation in The Hague

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At any level of any organisation, many issues are often just one step away from becoming conflicts. As a means of resolving disputes professionally and comprehensively, mediation is fast becoming the solution of choice for individuals and organisations in both the public and private sectors. By Daan Breukhoven The Netherlands stands on the verge of legislative changes that will see mediation proceedings become an integral part of the judiciary. For many, this is a welcome development; lawsuits are often long and extremely costly, especially when reputations and relationships are at stake. Even the most basic court cases can easily reach €8,000 per party. Such proceedings generally take at least a year, and are often disruptive and damaging to those involved. Mediation, by contrast, costs on average just €2,000 per party and success rates are high. Nationwide, some 83% of mediation proceedings are resolved to the satisfaction of all parties. The usual timeframe for resolution is less than half that of a court case, and sometimes solutions can be found within days. No wonder, then, that a growing number of businesses and other organisations are opting for mediation to resolve disputes and alleviate conflict. The value of mediation Diplomats, representatives of international organisations, government officials, charity workers and freelance professionals all thrive in the international environment of a city like The Hague. But diversity brings challenges, and disagreements or disputes are to be expected. What matters is that they are resolved. For individuals and organisations in these fields, there are many benefits to mediation. Unlike a court case, mediation is discreet and unobtrusive, taking place without unwelcome media attention. In the hands of a qualified mediator, parties can work to resolve conflicts privately and at their own pace. A successful mediation process results in a sustainable and future-proof solution for all concerned. The mediation process The Netherlands maintains an official register of qualified mediators. This ensures, due to the provisions of disciplinary action law and stringent education requirements, that the competence, integrity and accountability of registered mediators is guaranteed. Professional mediation sessions are carefully structured and each mediator follows precise methods. The mediator leads the conversation, directing the process and facilitating dialogue from start to finish. It is the mediator’s job to get right to the heart of the issue and to foster communication between the parties. The aim is for solutions to be generated by the parties themselves. Dispute resolution Mediation can be called upon to resolve all manner of issues. It could be a difference in opinion over a business contract; an overdue payment; difficulties with a colleague or a breakdown in communication that is the catalyst for conflict. When these difficulties arise, reputation and relationship damage are often the result. Yet such damage is far from inevitable, and sustainable solutions can usually be found through dialogue. Mediation is considered by many to be more effective, more transparent and less costly than legal proceedings as a means of resolving disputes. Breukhoven Mediation Daan Breukhoven is the director and owner of Breukhoven Mediation. He is an expert in mediation between and within Dutch and international organisations, while his team has a combined 25 years’ professional mediation experience. Breukhoven Mediation offers certified (multiple) mediations both in the Netherlands and abroad with highly experienced, multilingual mediators. For more information, please visit www.breukhovenmediation.nl Bespoke training workshops are also available on request.