10/18 is Multicultural Diversity Day

Today is day 291 of the Gregorian Calendar year,
Sweetmorn, Bureaucracy 72, 3187 YOLD
And let us not forget 13.0.8.17.3 mlc (the Mayan Long Count)
*****

Traditional Chinese Lion Dance, Queensland Day celebrations at China Town, Fortitude Valley, Brisbane City, 6 June 1987

Lion Dance

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Multicultural Diversity  There is a story widespread in business circles that illustrates, to them, the importance of having a multicultural workforce.  It seems that after much brainstorming a company came up with a catchy name for a new product and spent a fortune on promoting it, it did well but absolutely would not sell in Japan.  After a couple of focus groups got nowhere, they asked the owner of a local Japanese restaurant if he had any ideas.  Said owner immediately replied that in Japanese the name of their product meant dog shit.

The simple fact is that everything you say, write and/or do is filtered through a great number of perspectives.  In addition, words with the same ostensible denotation often have very different connotations in differing languages.  Exposure to other cultures and those from such cultures is beyond simply broadening, it allows you to think in new and different ways and understand things in ways you wouldn't have thought of otherwise.  Not only is is simply something we should indulge in out of universal brother and sisterhood, but it is good for you and even useful.

History is said by some to not be about persons and their acts and lives, but about a variety of other things.  Regardless of ones views on the matter, now and them one finds a historical personage who certainly seems to have had an abnormally great impact on the course of history.  Far too often, such persons had careers that were, at least in part, of a military nature.  One such was Prince Eugene of Savoy, who was born on this day in 1663.  He is definitely worth a good read.  Here's part of the preface to his entry in da wiki:

He first saw action against the Ottoman Turks at the Siege of Vienna in 1683 and the subsequent War of the Holy League, before serving in the Nine Years' War, fighting alongside his cousin, the Duke of Savoy. The Prince's fame was secured with his decisive victory against the Ottomans at the Battle of Zenta in 1697, earning him Europe-wide fame. Eugene enhanced his standing during the War of the Spanish Succession, where his partnership with the Duke of Marlborough secured victories against the French on the fields of Blenheim (1704), Oudenarde (1708), and Malplaquet (1709); he gained further success in the war as Imperial commander in northern Italy, most notably at the Battle of Turin (1706). Renewed hostilities against the Ottomans in the Austro-Turkish War consolidated his reputation, with victories at the battles of Petrovaradin (1716), and the decisive encounter at Belgrade (1717).

It is Persons Day in Canada where, on this date in 1929, it was decided that women were persons, fully entitled to participate in government.

It is also World Menopause Day.  Being incapable of participating in the process, I shall not speak to the matter.

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On this day in history:

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1540 – de Soto's forces destroyed the town of Mabila and killed Tuskaloosa.

1648 – Boston shoemakers formed the  first US labor organization.

1775 – Poet Phillis Wheatley was freed from slavery.

1851 – Moby-Dick was first published as "The Whale"

1860 – The Second Opium War ended with the ratification of the Treaty of Tientsin,

1867 – The US took possession of Alaska

1898 – The US took possession of Puerto Rico

1921 – The Crimean Autonomous Soviet Socialist Republic was formed as part of the Russian Soviet Federative Socialist Republic.

1922 – The BBC was founded

1929 – The Judicial Committee of the Privy Council declared that women are considered "Persons" under Canadian law.

1945 – The USSR's nuclear program received plans for the United States plutonium bomb from Klaus Fuchs 

1945 – A coup d'état overthrew president Angarita of Venezuela

1954 – Texas Instruments announced the first transistor radio.

1963 – Félicette, became the first cat launched into space.

1967 – The Soviet probe Venera 4 reached Venus 

1979 – The FCC allowed people to have home satellite earth stations without a license.

2003 – Bolivian President Gonzalo Sánchez de Lozada was forced to resign and leave Bolivia.

2019 – NASA Astronauts Jessica Meir and Christina Koch made the first all-female spacewalk

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Born this day in:

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“the intuitive recognition of the instant, thus reality... is the highest act of wisdom”

~~     D. T. Suzuki

1130 – Zhu Xi, philosopher
1536 – William Lambarde, antiquarian and politician
1547 – Justus Lipsius, philologist and scholar
1587 – Lady Mary Wroth, poet
1616 – Nicholas Culpeper, botanist
1663 – Prince Eugene of Savoy
1785 – Thomas Love Peacock, author and poet
1850 – Basil Hall Chamberlain, historian, author, and academic
1859 – Henri Bergson, philosopher and theologian
1865 – Logan Pearsall Smith, author and critic
1870 – D. T. Suzuki, author and scholar
1880 – Ze'ev Jabotinsky, general, journalist, and theorist
1893 – George Ohsawa, philosopher and academic
1894 – H. L. Davis, author and poet
1897 – Isabel Briggs Myers, theorist (quack) and author
1898 – Lotte Lenya, singer and actress (
1902 – Pascual Jordan, physicist and theorist
1904 – A. J. Liebling, journalist and author
1905 – Jan Gies, activist
1906 – James Brooks, painter and educator
1919 – Anita O'Day, singer
1919 – Camilla Williams, soprano and educator
1921 – Jerry Cooke, photographer and journalist
1921 – Beatrice Helen Worsley, computer scientist and academic
1923 – Jessie Mae Hemphill, singer, songwriter, and guitarist
1924 – Buddy MacMaster, singer, songwriter, and fiddler
1926 – Chuck Berry, singer, songwriter, and guitarist
1939 – Paddy Reilly, folk singer and guitarist
1939 – Jan Erik Vold, poet, author, and translator
1940 – Cynthia Weil, songwriter
1943 – Christine Charbonneau, singer and songwriter (d. 2014)
1947 – Laura Nyro, singer, songwriter, and pianist
1949 – Joe Egan, singer, songwriter
1949 – Gary Richrath, guitarist, songwriter, and producer
1951 – Nic Potter, bass player and songwriter
1952 – B?o Ninh, oldier and author
1955 – Vanessa Briscoe Hay, singer, songwriter, and keyboard player
1955 – Mark Welland, physicist and academic
1961 – Wynton Marsalis, trumpet player, composer, and educator
1963 – Sigvart Dagsland, singer, pianist and composer
1964 – Dan Lilker, American singer, songwriter, and bass player
1965 – Curtis Stigers, singer, songwriter, and guitarist
1967 – Eric Stuart, singer, songwriter, guitarist, and voice actor
1974 – Peter Svensson, guitarist and songwriter
1979 – Ne-Yo, singer, songwriter, record producer, dancer, and actor
1984 – Esperanza Spalding, singer, songwriter, and bassist
1985 – Andrew Garcia, singer, songwriter, and guitarist

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Died this day in:

Don't take life so serious, son, it ain't nohow permanent. 

~~     Walt Kelly (Pogo)

1564 – Johannes Acronius Frisius, physician and mathematician
1570 – Manuel da Nóbrega, colonist
1871 – Charles Babbage, mathematician and engineer, invented the mechanical computer 
1886 – Philipp Franz von Siebold, physician and botanist (
1889 – Antonio Meucci, engineer
1893 – Charles Gounod, composer and educator
1911 – Alfred Binet, psychologist and author
1931 – Thomas Edison, engineer and businessman
1934 – Santiago Ramón y Cajal,  pathologist, histologist, and neuroscientist
1935 – Gaston Lachaise, sculptor
1942 – Mikhail Nesterov, painter
1973 – Margaret Caroline Anderson, publisher, founded The Little Review 
1973 – Walt Kelly, illustrator and animator
1973 – Leo Strauss,political scientist, philosopher, and academic
1975 – K. C. Douglas, rural blues singer
1979 – Rebecca Clarke, viola player and composer
1984 – Henri Michaux, painter and poet
2000 – Julie London, singer and actress
2006 – Anna Russell, singer, educator, and actress
2007 – Lucky Dube, singer, songwriter and keyboard player
2008 – Dee Dee Warwick, singer
2009 – Nancy Spero, painter and academic
2012 – David S. Ware, saxophonist and composer
2015 – Robert W. Farquhar, engineer
2015 – Frank Watkins,  bass player

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Holidays, Holy Days, Festivals, Feast Days, Days of Recognition, and such:
Alaska Day (Alaska, United States)
Multicultural Diversity Day
Persons Day (Canada)
World Menopause Day
International Adjust Your Chair Day
National Clean Your Virtual Desktop Day

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Music goes here, iirc, well, With apologies Wink

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Prince Eugene

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Lotte Lenya

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Anita O'Day

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Jessie Mae Hemphill

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Chuck Berry

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Paddy Reilly

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Cynthia Weil

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Laura Nyro

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Wynton Marsalis

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KC Douglas

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Julie London

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Anna Russell
Please see opera section below

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Lucky Dube

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Dee Dee Warwick

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Opera Section

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Please Note: I wish my Monday Open Threads to remain on the front page because I sporadically say things in them that I wish to be as widely read as possible. Accordingly, please do not post any Covid-19 related commentary in the comments. Thank you. There is a separate OT, Part B, aka The Dose, where all such material is welcome. Thanks again.

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Ok, it's an open thread, so it's up to you folks now. So what's on your mind?

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Lookout's picture

and clean my virtual desktop today.

One day this week is going to be for window washing before cold weather keeps us inside a good bit of the time.

Thanks for the music and OT. Have a good one everybody!

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10 users have voted.

“Until justice rolls down like water and righteousness like a mighty stream.”

enhydra lutris's picture

@Lookout

My chair will no longer stay adjusted and my virtual desktop is pretty clean and uncluttered because of the way it works, and it almost always invisible anyway, being buried under layers of running processes (which is what I should consider pruning, perhaps). I know about the window washing thing, we went through it a few weeks ago. Last night we had a bit of rain, enough to wet the ground but not much more.

be well and have a good one.

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4 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

In Europe, and to a degree in the US, what passes for multicultural community are often monocultural ghettos exhibiting a high degree of intolerance toward the culture of the countries in which they exist and hostility not only toward those with historic roots therein, but toward previous generations of immigrants. Where is the diversity in a UK town or school that is 98% Muslim? (Yes, multiple examples of both exist)

Consider this from coverage of the 2016 BBC documentary "The Last Whites of the East End":

Tony Cunningham is the son of a Jamaican immigrant father and a Londoner mother whose family has been in Newham for 150 years.

He told the programme he was racially abused as a youngster but considers himself a cockney.

Mr Cunningham, a bus driver, added he now feels like an outsider in the community.
He said: 'We were called ‘n***** when we were growing up. To be honest I had to educate my nan, she had a cat called that.

'I feel alone. Most of the Muslims stick together, their children stick together. If you are an outsider, they don’t want no part of you whatsoever.'

Mr Cunningham, who is married to Romanian immigrant Vally, is looking to move to Hornchurch 'for a better life' and because he fears his daughter Charlotte will be a minority at schools in Newham.

He also bemoaned the disappearance of Christian values in the area.

Mr Cunningham told the cameras: 'I’ve been to church before and I’d say half the people there are eastern Europeans.

'I think they’ll bring something very good to the area but not quick enough for Charlotte. These schools around here will make her lose her identity.

'There are no more nativity plays, no more Christmas cards, nothing like that is celebrated any more, it’s rubbed out.

'I don’t care if Charlotte goes to a school where there’s a mix of races and everything is on an even keel, but that’s not the case around here.'

Unfortunately, I can't just link to the documentary itself. Although there are a lot of articles covering it still up as it seems to have been sent down the memory hole by the wokeness police.

Hold on, *finally* found it hiding under a pile of electrons, clinging to survival on Bitchute:

Last Whites of East End BBC doc screenshot.jpg

Homelands:

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enhydra lutris's picture

@Blue Republic

When 'Multicultural' becomes xenophobic monoculture

That's a bit like saying "when sedans become pick-ups ..." they simply don't. Pick-ups are something else entirely. We have one of each and have never confused them.

There are a lot of reasons that (immigrant) minorities tend to form enclaves, and a large part is reaction to actual or perceived hostility from the established population who very often will have attempted to prevent them from moving in or staying at some point in time. Worse yet, the example given deals with religious enclaves, both abrahamic, where it may be presumed that the newer, non-crusader people have great cause to fear the adherents to the crusader religion.

high degree of intolerance toward the culture of the countries in which they exist and hostility not only toward those with historic roots therein, but toward previous generations of immigrants.

. You mean like the colonists? I disrespect colonist / imperialist culture, it was/is evil and ugly in an untold number of ways. I'm not crazy about Crusader culture either, even though I was raised in it.

It is a bit sad that he sees xmas cards and nativity plays as central to Crusader culture, but perhaps he should try to convince those (dirty) "Eastern Europeans" to start engaging in those practices.

I would note that non-adoption of some cultural ritual like nativity plays isn't necessarily "intolerance" of said practices. Intolerance would be manifested by some movement to outlaw said practices, which is wholly different as not bothering to personally engage in them.

be well and have a good one

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3 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

@enhydra lutris

When 'Multicultural' becomes xenophobic monoculture

That's a bit like saying "when sedans become pick-ups ..." they simply don't. Pick-ups are something else entirely. We have one of each and have never confused them.

And yet, when shown someplace like Savile, England - where the remaining 100 or fewer non-Muslim whites and blacks out of a population of 4000 or so are subject to constant threats and harassment, or a Swedish Muslim-dominated no-go zone such as Tensta under the effective rule of Sharia law and ethnic gangs...
you seem to be either very confused or dissembling.

Those places are not diverse in terms of religion or ideology and are actively hostile to Christianity and Secularism and to the pre-existing culture and social mores of the countries they have immigrated to. They are as monocultural as they can be and highly intolerant.

Yet uncontrolled immigration is sold as contributing to 'diversity' which is somehow possesses magical qualities that lead to a sunny future of Kumbaya moments, butterflies and group hugs.
But just where, exactly, is that occurring? There is definitely no shortage of places/examples of it leading to other and very different outcomes.

South Africa being a prime (and deadly) example. BTW - which side are the 'Crusaders' when black Africans are attacking black Africans?

the example given deals with religious enclaves, both abrahamic, where it may be presumed that the newer, non-crusader people have great cause to fear the adherents to the crusader religion.

high degree of intolerance toward the culture of the countries in which they exist and hostility not only toward those with historic roots therein, but toward previous generations of immigrants.

. You mean like the colonists? I disrespect colonist / imperialist culture, it was/is evil and ugly in an untold number of ways. I'm not crazy about Crusader culture either, even though I was raised in it.

If the Jewish and Christian enclaves are 'Abrahamic' how is it that Muslim ones are not?
True, there is much of violence and atrocity in Jewish and Christian history, including (for the latter) the Crusades. But how was Islam spread in just a few centuries from Morocco to the East Indies?
I can pretty much assure you that it was not by unarmed monks peacefully going forth to bring the Good News of the Koran and Mohammed to people who were just waiting to sign up and be pointed in the direction of Mecca.

It is a bit sad that he sees xmas cards and nativity plays as central to Crusader culture, but perhaps he should try to convince those (dirty) "Eastern Europeans" to start engaging in those practices.

The 'he' you are referring to, if you had read/listened carefully, is the son of a black Jamaican immigrant and a white English cockney mother and married to a Romanian immigrant - none of which prevents him from identifying culturally as a cockney East Ender, and from feeling excluded and alienated in his own neighborhood.

The important thing is not whether you or anyone else thinks nativity plays and Christmas cards are central to 'crusader culture' but whether he and his family regard regard them as important to *their* culture - which they evidently do, and formerly could observe with their community, but now cannot, at least without risk of harassment or worse.

I would note that non-adoption of some cultural ritual like nativity plays isn't necessarily "intolerance" of said practices. Intolerance would be manifested by some movement to outlaw said practices, which is wholly different as not bothering to personally engage in them.

It doesn't take something being officially outlawed for it to be effectively banned. If you don't think so, please feel free to try walking through a French banlieu or Savile, UK or any of the 55 Swedish no-go zones with a prominently displayed cross or wearing a yarmulke - let us know how it turns out.

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enhydra lutris's picture

@Blue Republic

confirm my original suspicion that your complaint has absolutely nothing to do with multicultural diversity and is simply about immigration and immigration policies. They are entirely different things. One cannot resolve or even discuss societies' problems and difficulties if one doesn't properly identify them.

BTW, "Abrahamic" is a term used to identify the 3 overarching umbrella religions aka "people of the book", Judaism, Crusaderism, and Islam, in order of descending antiquity. I neither said nor implied anything else and picked that term specifically because it included those specific 3, two of which were seemingly implicated in your original example.

He says he went to church and it was full of the wrong people who didn't celebrate his preferred rituals. These people seemingly infiltrated his community's crusader church and over time adopted different rituals, not at gunpoint or anything, much like the original crusader church spun off methodists, baptists, lutherans, puritans and other sects, some of which didn't have those xmas rituals, some of which found them anathema, and some of which considered them to be punishable (which would be intolerance). He, and the original members of that church seemingly didn't attend often enough to press for continuation of those rituals and/or to simply continue them. He can still send xmas cards, if he can think of anybody he deems worthy of receiving them.

Nonetheless, all in all, that isn't multicultural diversity, but something other, how they got there is a whole different question, probably not entirely the evil of immigration, but no doubt definitely an effect thereof.

be well and have a good one

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

today we celebrate weed whacking day. I was sure it was, oh well, I will just declare it so and go forth and celebrate.

Thanks for the OT and the dose. Thankfully it's all on my messy desktop and I can peruse it in some spare time in my spare oom. (Lion, Witch, and Wardrobe reference. Sorry, my brain just went there because of the word 'spare').

Have a good one e.l. and all.

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enhydra lutris's picture

@randtntx

I was sure it was, oh well, I will just declare it so and go forth and celebrate.

I have, over the years, noted the existence of numerous holidays and often looked into them a bit and, except for the obviously commercial ones, a great many appear to have been simply created out of thin air, without historical or cultural basis and declared to exist

be well and have a good one

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

Granma's picture

@enhydra lutris why World Menopause Day. It is not exactly something to celebrate, at least in my mind.

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enhydra lutris's picture

@Granma

intent was that it should be an awareness or recognition day, "here is a thing, be aware of its existence and possible impacts on you and yours, and get ready/figure out how to deal with it"

That's I guess, I really couldn't find much on it.

be well and have a good one

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3 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

Azazello's picture

The name didn't translate so well to Spanish.
Couple thoughts for Diversity Day.
Why Power Is Getting Woke - The point of politicizing everything is to make you forget what real politics is.
And this from Tucson: More Afghan refugees expected to arrive in Tucson this week
Have a nice day.

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It didn't have to be this way.

enhydra lutris's picture

@Azazello

recall that the later 396 SS could definitely vamoose. By contrast, the lowly Toyota Corona which didn't really va all that well became the big fave of The Latin Kings, go figger. Wink

Thanks for the links.

be well and have a good one

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3 users have voted.

That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

usefewersyllables's picture

on Saturday, and got to see some of our tax dollars at work. Boy, that F-35 sure makes a lot of noise. And we got to see Blue Angel #6 break down and slide to a stop in a big cloud of tire smoke right in front of us on the runway. It was still sitting on the taxiway right there, up on jackstands, while we sat in the parking lot for a few hours after the show waiting for the traffic to clear.

There's a lesson in there somewhere, but I just can't put a finger on it.

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Twice bitten, permanently shy.

enhydra lutris's picture

@usefewersyllables

for itself as it were.

There's a lesson in there somewhere, but I just can't put a finger on it.

Perhaps instead you should give the finger to it. Wink

be well and have a good one

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

zed2's picture

dreams and aspirations, and talents. Throwing our or others people off the bus should not be acceptable.

Money isn't everything. Education, clean water, safe working conditions and healthcare should be available to everybody. There should be a right to clean drinking water. Everywhere. Countries that deprive people of basics like free public education should not be encouraged to do so by rigid trade rules that reward them with jobs. Boycotts against apartheid allowing nations that discriminate against ethnic and economically stratified groups should be legal. Governments should not force people or public entities to spend their money on racist and similar regimes simply because they bid lower. .

Slavery and bonded labor should be prohibited. Every child should get a chance to attend a quality, accredited world class school and find decent work. Nomatter what their income. Poor communities should not translate to poor schools.

Groups should not be pitted against one another for crumbs out of a shrinking pie.

Workers should have a right to organize and social dumping should never be encouraged by international trade rules.

Decent Jobs should not be bargaining chips in a global poker game. Young people should have precedence for jobs in their own countries. People should not be forced to travel to the other side of the planet to work. Paying for placement in US jobs should be prohibited..

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enhydra lutris's picture

@zed2

creating that change will be a bear, as they say.

be well and have a good one

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

zed2's picture

This is what they want. Irreversible Elimination of regulations of all kinds, that stand in the way of trade of all kinds.

The Oligarch's wet dreams. All laws that protect workers in any way, require decent wages or working conditions are NTBs. Does anybody here even have a rundimentaryt understanding of what's being done? I am just wondering., If you do, could you please make it clear to me that you do and what you see as being done. And whether you agree or disagree with it. If so why?

What are "efficiency gains" and are they actually gains?

For who? Are they losses? For who? Why?

What are the goals of the planned "services liberalization". What are "services" as defined in Article 1 of GATS?

Hint:

Article I
Scope and Definition
1.
This Agreement applies to measures by Members affecting trade in services.
For the purposes of this Agreement, trade in services is defined as the supply of a
service:

3.
from the territory of one Member into the territory of any other Member;
in the territory of one Member to the service consumer of any other Member;
by a service supplier of one Member, through commercial presence in the
territory of any other Member;
by a service supplier of one Member, through presence of natural persons of a
Member in the territory of any other Member.
For the purposes of this Agreement:
(a)
"measures by Members" means measures taken by:
(i)
(ii)
central, regional or local governments and authorities; and
non-governmental bodies in the exercise of powers delegated by
central, regional or local governments or authorities;
In fulfilling its obligations and commitments under the Agreement, each Member
shall take such reasonable measures as may be available to it to ensure their
observance by regional and local governments and authorities and non-
governmental bodies within its territory;
(b)
"services" includes any service in any sector except services supplied in the
exercise of governmental authority;

(c)
"a service supplied in the exercise of governmental authority" means any
service which is supplied neither on a commercial basis, nor in competition
with one or more service suppliers.
1.2 Article I:1
1.2.1 "measures affecting trade in services"
1.
The Panel in EC – Bananas III defined the scope of application of the GATS in the following
terms:
"[N]o measures are excluded a priori from the scope of the GATS as defined by its
provisions. The scope of the GATS encompasses any measure of a Member to the
extent it affects the supply of a service regardless of whether such measure directly
governs the supply of a service or whether it regulates other matters but nevertheless
affects trade in services." 1
2.
Based on its interpretation of the scope of the GATS set out above, the Panel in EC –
Bananas III concluded that there was "no legal basis for an a priori exclusion of measures within
the EC banana import licensing regime from the scope of the GATS". 2 The Appellate Body upheld
this finding and held that no provision of the Agreement "suggest[s] a limited scope of application
for the GATS":
"In addressing this issue, we note that Article I:1 of the GATS provides that '[t]his
Agreement applies to measures by Members affecting trade in services'. In our view,
the use of the term 'affecting' reflects the intent of the drafters to give a broad reach
to the GATS. The ordinary meaning of the word 'affecting' implies a measure that has
'an effect on', which indicates a broad scope of application. This interpretation is
further reinforced by the conclusions of previous panels that the term 'affecting' in the
context of Article III of the GATT is wider in scope than such terms as 'regulating' or
'governing'. ... We also note that Article I:3(b) of the GATS provides that ' 'services'
includes any service in any sector except services supplied in the exercise of
governmental authority' (emphasis added), and that Article XXVIII(b) of the GATS
provides that the ' 'supply of a service' includes the production, distribution,
marketing, sale and delivery of a service'. There is nothing at all in these provisions to
suggest a limited scope of application for the GATS. ... For these reasons, we uphold
the Panel's finding that there is no legal basis for an a priori exclusion of measures
within the EC banana import licensing regime from the scope of the GATS." 3

3.
The Appellate Body in Canada – Autos stated that whether a measure is "affecting" trade
in services must be assessed before any further consistency of this measure with other GATS
provisions is considered:
"[T]he fundamental structure and logic of Article I:1, in relation to the rest of the
GATS, require that determination of whether a measure is, in fact, covered by the
GATS must be made before the consistency of that measure with any substantive
obligation of the GATS can be assessed.
Article II:1 of the GATS states expressly that it applies only to 'any measure covered
by this Agreement'. This explicit reference to the scope of the GATS confirms that the
measure at issue must be found to be a measure 'affecting trade in services' within
the meaning of Article I:1, and thus covered by the GATS, before any further
examination of consistency with Article II can logically be made. We find, therefore,
that the Panel should have inquired, as a threshold question, into whether the
measure is within the scope of the GATS by examining whether the import duty
exemption is a measure 'affecting trade in services' within the meaning of Article I. In
failing to do so, the Panel erred in its interpretative approach.
Panel Report, EC – Bananas III, para. 7.285.
Panel Report, EC – Bananas III, para. 7.286.
3
Appellate Body Report, EC – Bananas III, para. 220; applied by the Panel in US – Gambling,
para. 6.251. See also Panel Report, EU – Energy Package, paras. 7.408-7.410.

[W]e believe that at least two key legal issues must be examined to determine
whether a measure is one 'affecting trade in services': first, whether there is 'trade in
services' in the sense of Article I:2; and, second, whether the measure in issue
'affects' such trade in services within the meaning of Article I:1." 4
4.
Rejecting the notion that a panel could directly determine whether a measure was
"affecting" trade in services under Article I:1 simply by examining whether the measure violated
Article II or Article XVII of GATS, the Appellate Body in Canada – Autos stated that a panel needed
instead to examine the effect of the measure on the relevant services as services, or upon the
service suppliers in their capacity as service suppliers. It criticized the Panel’s approach in the
following terms:
"[T]he Panel ... never examined whether or how the import duty exemption affects
wholesale trade service suppliers in their capacity as service suppliers. Rather, the
Panel simply stated:
'Like the measures at issue in the EC – Bananas III case, the import duty
exemption granted only to manufacturer beneficiaries bears upon
conditions of competition in the supply of distribution services, regardless
of whether it directly governs or indirectly affects the supply of such
services. (emphasis added)'
We do not consider this statement of the Panel to be a sufficient basis for a legal
finding that the import duty exemption 'affects' wholesale trade services of motor
vehicles as services, or wholesale trade service suppliers in their capacity as service
suppliers. The Panel failed to analyze the evidence on the record relating to the
provision of wholesale trade services of motor vehicles in the Canadian market. It also
failed to articulate what it understood Article I:1 to require by the use of the term
'affecting'. Having interpreted Article I:1, the Panel should then have examined all the
relevant facts, including who supplies wholesale trade services of motor vehicles
through commercial presence in Canada, and how such services are supplied. It is not
enough to make assumptions. Finally, the Panel should have applied its interpretation
of 'affecting trade in services' to the facts it should have found.
The European Communities and Japan may well be correct in their assertions that the
availability of the import duty exemption to certain manufacturer beneficiaries of the
United States established in Canada, and the corresponding unavailability of this
exemption to manufacturer beneficiaries of Europe and of Japan established in
Canada, has an effect on the operations in Canada of wholesale trade service suppliers
of motor vehicles and, therefore, 'affects' those wholesale trade service suppliers in
their capacity as service suppliers. However, the Panel did not examine this issue.
The Panel merely asserted its conclusion, without explaining how or why it came to its
conclusion. This is not good enough." 5
5.
In China – Publications and Audiovisual Products, the Panel found that various measures at
issue were measures "affecting" the supply of services. The Panel noted that it was not in dispute
that the measures at issue "regulate or govern" certain matters, and stated that "[s]ince the term
"affecting" is wider in scope than "regulating" or "governing", we therefore consider that these
measures are "affecting" the supply of [services]". 6
6.
In Argentina – Financial Services, the Panel examined "as a preliminary matter ... the
question of the applicability of the GATS to the measures at issue before evaluating their
consistency with the substantive obligations invoked by Panama". 7 Following the guidance
established by the Appellate Body in Canada – Autos, the Panel examined whether the
4
Appellate Body Report, Canada – Autos, paras. 151-152 and 155; applied by the Panel in US –
Gambling, paras. 6.250 and 6.254.
5
Appellate Body Report, Canada – Autos, paras. 164-166.
6
Panel Report, China – Publications and Audiovisual Products, para. 7.971.
7
Panel Report, Argentina – Financial Services, para. 7.80.

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zed2's picture

Isn't it different when a government does something than when an individual or legal person, like a corporation does it? Why do many laws apply primarily to government, but much les so to business?

I was just reading about the history of Brazil, and "Sebastianism" during the huge El Nino famine in one area.. the "sertao" area of Brazil - Brazil had previously been a colony of Portugal, which had been both a monarchy and a theocracy...

Its quite interesting, this period. Reading a number of books - Mike Davis's "Late Victorian Holocausts"- especially, has made me dive back into reading history. Its given me a long reading list of references - writings from the past that I now want to read..

I end with a link to this book review video, by YouTuber book blogger
Amrita by the Book - its on colonialism, which is much like neoliberalism - its spiritual ancestor, (what we live under now, which is emphatically not democracy) , which I couldn't add to. Its very good, and I m going to check the books out of this bunch that I have not read ASAP. She starts with Late Victorian Holocausts.. She mentions Antigua in her review of "A Small Place" I should mention that Antigua and Barbuda also has a significance to the GATS battle. Because of the US-Gambling case which we all should know about but the news media on the case totally doesn't "get it". Ellen Gould's writing on the US-Gambling case is good. So is Scott Sinclair's. (both write for Policy Alternatives.ca ) Thanks to that case (and others) and of course also the GATS and WTO itself, we're in great danger. For example, we could lose public education, Medicare and Social Security overnight. People have no idea. Don't say that I did not warn you.

FURTHER READING: (for the real, working links, see https://www.youtube.com/watch?v=HTY9zEYuBmU )
LATE VICTORIAN HOLOCAUSTS by Mike Davis
Goodreads: https://www.goodreads.com/book/show/7...
Review by Amartya Sen in the NYT: https://archive.nytimes.com/www.nytim...
Chapter One: https://archive.nytimes.com/www.nytim...

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