#and either way it's still not legal in thailand regardless if it is in the nlmg universe

[chaotic-aro-incarnate]

Ok but the fortune teller guy in the past, telling Palm and Nueng about all the struggles that they face being a gay couple back then including how they can't get married and start a family and then Nueng talking about how they can't be open about their relationship due to the conservatives in charge...... I see you P'Jojo I know what you're doing

[fiddlepickdouglas]

What are *your* personal methods for not succumbing to despair? (Not looking for advice per se, just want to know how you personally keep your head up.)

There's not anything methodical about it, but I do not keep up with any news outlets, at least not directly. When I learn things (like politics, worldwide news, the occasional new discovery, etc.) I'll make sure that the sources are reputable and do what I can about it if there's any action to be made. Otherwise, I try my best to accept what I can't control (doesn't always work, I always wish I could do more), and then I have my own life to worry about.

Both external and internal sources of stress tend to generate a numbness and sense of detachment in me that so far despair just can't reach deeply enough, which I recognize isn't much better. It is a battle I know how to fight, though, by knowing that even if I feel detached my actions don't have to be.

I am interested in supporting things in the ways that I can, even if it's incredibly small. Little donations if I'm able, sharing links at least if I can't. Voting and filling out surveys. This is a more specific example, but if there's a country attempting to raise more queer stories and awareness (often through media) and it's known for either longer term queer suppression or there's a recent rise in conservative movements, I will find out how I can support it. It feels incredibly bare minimum, but I saw Thailand legalize same-sex marriage this year and I'm so happy for them!

There's also a number of things I turn to for comfort. Like you saw before, I am starting to crochet again, which has been nice. Still not done with the hat, but I think I am getting somewhere. I have a handful of personal goals that I hope to fulfill regardless of what's coming in the near future. And I have people close to me to talk to when things do feel like too much, and I'm extremely grateful for them.

This was a really interesting question, thanks for asking! I hope that you're able to find a way that works for you, and it's totally fine if it's nothing like how I deal with things. I definitely don't think mine is anywhere near the best.

I do want to encourage anyone reading that, if you live in the US, VOTE, and if not, please keep track of local political movements and do what you're able to support whatever brings people closer to earning more rights and resources to live better lives.

[gunsatthaphan]

Korean BL seems to have a pattern, one of the actors is a former idol trainee and some appeared in produce 101 franchise and the other is a rookie actor or they both are actors that appeared as supporting characters in successful. I found that interesting, I don’t believe it’s a coincidence, I am curious about the casting process for the roles but didn’t find anything on it. Honestly I am wondering if it’s the reason why BL are kind of shy in intimacy, of course as I am a big fan of Korean culture, listening to kpop and watching kdrama, I know Korean are kind of conservative and if there is anything explicit, they will put a 19+ for the episode but also maybe because BL is only a side step in their career and they want to appear in bigger projects on national tv, they kind of stay conservative with same sex skinship to not potentially damage their image as korea are not that open to lgbtq people

By the way, it’s just me talking and making theories but I found interesting how now that almost every major Asian countries are producing BL, they each have their own particularities and they are representative of where the country is with lgbtq issues. ( exemple : for me , Taiwanese BL are the most developed and Taiwan is the only country where same sex mariage is legal)

hi anon!

first of all sorry for the very late reply. This has been sitting in my drafts for a while lol.

You made some good points. I don’t know how the casting process goes with these shows and if this pattern is a coincidence or not but either way, I think it’s pretty safe to say that Korea is currently experiencing a bl boom so the thought of former trainees taking advantage of this kind of niche market in Korea definitely makes sense. However I don’t think the conservatism of korean bls has something to do with the casting. You’re right about kpop being more sensitive to these things but I think it’s more a general thing.

Which leads me to what you said about bls being representative of the respective country's stance on lgbt issues. I think that’s mostly true for taiwan and south korea. Obviously I'm not immersed in any of these cultures so I can only speak from things I have heard, read and from what friends from said cultures have told me. Thailand is without a doubt the leader in bl production lol and they do have some very good ones and with an upward tendency but the majority tends to be shallow and not very reflective. The trend of quantity > quality is still going strong. I don't wanna go into this topic too deep but I remember a friend once told me that a lot of these shows create the illusion of an overly lgbt friendly society. Which it is - but not to the extent that is portrayed in these shows (sometimes) TH might be more open & accepting than other asian countries but it still has issues. Which I think is important to keep in mind. And the general saying of BL ≠ LGBT is often true. But again, that’s a topic for another day.

It’s different for Taiwan though. The number of taiwanese bls I've seen is too limited to make a general statement but it is noticable that they have a different style. Again, not going in too deep, but I think that particular style is more reflective of Taiwan's stance on lgbt culture/community, which I feel like is more developed than thailand.

To circle back to your points about korean bls - I barely know anything about South Korean culture but even without being very knowledgable, it's pretty obvious that they are the most conservative out of them regarding lgbt stuff. The fact that the first series that was considered bl came out last year speaks for itself lol. But even though they’re late to the game, they’re doing a pretty good job. I’ve read a bunch of articles that labelled korean bls as “kdramas but make it gay” which is accurate I think. The style is similar, including the absence of NC stuff, which - considering the huge popularity of kdramas all over the world - is probably beneficial.

But regardless of the country, rookie actors using bl as a steppingstone for their career is very common. These productions are often small and often the standards for acting are not extremely high. So coming back to your example of the “trend” of former idol trainees in korea being cast in bls definitely makes sense. And also the fact that idols (even if former) are now doing bl is something that wouldn’t have been possible a few years ago so it’s kinda of a big deal. Again, not very immersed in the kpop world, but them using bl as a little boost for their (acting) career makes perfect sense to me, especially considering the uprising popularity of bls in south korea in particular.

but anyway sorry this got so long lol. If you read until here then thank you haha.

xxx

[underwoodlawsociety]

“Walk a Mile” Series Article 4: Transit Countries and Future Recommendations

- Jen Kim, Tabitha Kwon, Hayoung Lee

So far, this series has closely examined the laws of major actors in the issues of North Korean defectors—the international society, the People’s Republic of China (hereinafter, China), and the Republic of Korea (hereinafter, ROK)—surrounding their identification and treatments. This final article will take a look at the legislation relating to North Korean defectors in countries that temporarily harbour them in their route in finding a permanent home—which we refer to as transit countries, analyze the complications North Korean defectors face in finding a legally legitimate place in the world comprehensively, and finally provide possible future plans of actions in dealing with these issues.

Roles of Transit Countries

Let’s first follow some common routes of defection and put ourselves in the shoes of NK defectors. North Korean defectors usually take either one of two routes: the Thailand route or the Vietnam route. The Thailand route refers to route from North Korea - China - Thailand - 3rd countries like ROK or the United States, and the Vietnam route refers to the route from North Korea - China - Vietnam - Cambodia - Thailand or directly to ROK or the United States. In the past, China - Mongolia - ROK route has been taken by some defectors but stopped due to political disturbances. Recently, the Thailand route has been rising in popularity due to the political changes and increased crack downs in Vietnam and Cambodia. As of now, Thailand is the only country in Southeast Asia that has not repatriated the defectors.

          Thailand is not a signatory state of the Refugee Convention of 1951. However, Thailand adheres to the non-refoulement principles. North Korean defectors, therefore, are subject to Thai Immigration Law article 11 section 1, under which they are considered illegal immigrants. However, the Thai government does not repatriate them back to North Korea considering the threat of persecution in case of their return and also their ties with the government of ROK. When North Koreans arrive in Thailand, they try to get caught by the Thai police and try to get sent to the illegal immigration detention center where South Korean embassy can assist the defectors to escape to ROK.  Such unofficial cooperation between ROK and Thailand is called “silent diplomacy” regarding North Korean defectors. Thailand’s policy towards North Korean defectors is largely based on their state interest, rather than adherence to the obligation as a member of the international community. The Thai constitution emphasizes sovereignty and national interest while the Ministry of Foreign Affairs suggests that they uphold the international human rights principles. Thai government’s cooperation with the South Korean government and adherence to the non- refoulement principles are influenced by the political ties between the two countries. ROK and Thailand formed diplomatic relations in 1958 along with numerous bilateral agreements since then while Thailand and North Korea formed diplomatic relations in 1975. Moreover Thailand shares democratic ideology with South Korea. South Korea is 5th largest trading partner of Thailand and has economic leverage over Thailand. All in all, Thailand’s political and economic interest allows easier facilitation of the defectors to South Korea. Not much concrete data exists on Vietnam’s treatment of NK defectors, but there are a few things to note. Vietnam is also not a member of the 1951 Refugee Convention and subsequently, does not adhere to the principle of non-refoulement. Up to 2004, Vietnam was cooperative with the South Korean government but since then, has been repatriating the defectors to NK.

          Mongolia and Cambodia are two actors in the defection routes that are greatly sensitive to diplomatic relations in their handling of NK defectors. Mongolia, not a party to the 1951 Convention, still claims to pursue humanitarian policy for refugees. In 2006, it was estimated that about 500 North Koreans were passing through Mongolia each month. In 2003, the then Prime Minister Nambaryn Enkhbayar publicly showed sympathy towards North Korean defectors and stated that it will treat them humanely. However, this became unclear when Mongolia and North Korea formed economic agreements in which many North Koreans were sent to Mongolia as laborers. Nevertheless, the Mongolian-North Korean relations are not independent from the regional and international diplomatic dynamics, for Mongolia is an ally of the U.S. and the recent international sanctions against North Korea resulted in the withdrawal of all laborers from Mongolia back to North Korea in 2018. In many testimonies, the main problem with the route including a transition in Mongolia is not the matter of repatriation, but rather the geographical risks the North Korean refugees face, such as the vast deserts and grasslands. 

Cambodia is, in fact, a member state of the 1951 Refugee Convention and its 1967 Protocol. Thus, it has obligations to forbid forcible repatriation of North Korean asylum seekers whose lives may be threatened when they are sent back to their homeland. However, Cambodia’s response to North Korean refugees greatly varied due to its political stance and ties with North Korea, South Korea, and China. Although Cambodia is one of the five Southeast Asian countries that maintains an embassy in Pyongyang, the bilateral relationship between Cambodia and North Korea fluctuated over time. Today, their relationship changed from a mutually warm one to a more uncertain one which is sensitive to China’s “tacit approval.” In terms of economic ties, that of Cambodia and North Korea are loosened due to the international sanctions while Cambodia is increasingly depending on South Korea for more gains. While it is unguaranteed that North Korean refugees will not be repatriated due to political circumstances, Cambodia tends to show passive responses towards issues regarding North Korean refugees.

The Future for North Korean Defectors

The legal dilemma presented throughout this series demonstrates the need for change in the international system in order to protect the lives of those unable to protect themselves.

The first legalistic step the international society should take in order to start building a protective system wherein NK defectors could safely exist is to unify the international identification of them as refugees sur place. One of the main issues that this series has presented is the fact that various actors discussed all define the defectors differently, thus forcing them into a vulnerable position unprotected by the law. Once a person is given the refugee sur place status, there is a codified and universal way in which they should be treated as outlined in the 1951 Refugee Convention. This in turn provides all parties involved in the defection route a clear cut method of dealing with the NK defectors.

So far, there have been few cases wherein expatriates were granted refugee sur place status, such as a Syrian expatriate who was unable to return to his home country following the Syrian uprising[1], and a white South African man in Canada who claimed he experienced “persecution from African South Africans,”[2] There have been some publicized cases of applications and reviews of making someone a refugee sur place, as with a native of the Democratic Republic of Congo who applied for an asylum claim in Ireland as she had Rwandan heritage and was at risk of serious violations of human rights if she repatriated due to allegations made against her that she was a spy.[3]

Unfortunately, this action does not necessarily guarantee a safe future for NK defectors as it faces the same issue as all international legislation: it is not binding as there is no entity higher than national sovereignty. Although giving the defectors a unified identification would the first legal approach to a guideline under which they should be treated, this does not mean that all party states to the 1951 Refugee Convention would follow it. As seen in the case of China, states with a certain level of political or economic leverage may diverge from the treaty and handle the NK defectors according to their own political or diplomatic alignments.[4] Nevertheless, labelling NK defectors as refugees sur place within the international system would at least offer some states with either directions in managing the issue or a legal ground to grant them sanctuary—regardless of it being temporary or permanent.

          Moreover, identification of NK defectors as refugees sur place should not be used against them when they are finding a place in SK. As mentioned, NK defectors are automatically taken in and given refuge once they enter SK as they are considered to be citizens. Although SK is a signatory of the 1951 Refugee Convention, its treatment of asylum seekers is abysmal. In 2015, SK was 119th in the ranking of states’ ratio of the number of refugees hosted to gross domestic production per capita.[5] Even those granted asylum are not well-supported by the public system; public opinion towards refugees is not kind and institutional support is given is in the bare minimum forms of medical care and education. Therefore, taking away the current acceptance of NK defectors as citizens and making their status one of refugees sur place even in SK would be against the principles of the 1951 Refugee Convention and international law.

Final Remarks

          This series has investigated the legal treatment of NK defectors throughout different actors in known defection routes such as China, South Korea, transit countries like Thailand, Mongolia, and Cambodia, and the international legal system. The overarching issue that we presented stems from the fact that there is no unified term of address of NK defectors. After a comprehensive examination, our recommendation for future action is to first agree upon the classification of NK defectors as refugees sur place thereby ensuring their protection within the legal system in relevant states. Our main objective in this recommendation is to prevent NK defectors from being exploited as diplomatic tools for varying interests.

—————————————————————————————–

[1] Irina Ungureanu, “Syrian Refugee Jumps for Joy After Finding Asylum in Moldova,” United Nations High Commissioner for Refugees, published on November 19, 2012, https://www.unhcr.org/news/stories/2012/11/50a9f6f56/syrian-refugee-jumps-joy-finding-asylum-moldova.html.

[2] Adrian Humphreys, “White South African’s Battle for Refugee Status in Canada Ended by Appeals Court,” National Post, published on June 19, 2014, https://nationalpost.com/news/canada/white-south-africans-battle-for-refugee-status-in-canada-ended-by-appeals-court.

[3] Róise Connolly, “Court of Appeal: Judicial Review is an Effective Remedy in Accordance with EU Directive on Refugee Status,” Irish Legal News, published on July 25, 2016, https://www.irishlegal.com/article/court-of-appeal-judicial-review-is-an-effective-remedy-in-accordance-with-eu-directive-on-refugee-status.

[4] Hayoung Lee et al, “’Walk a Mile” Article 2: The Legality, Politics, and Controversies in China,” Underwood Law Society Journal (2019 Spring)

[5] Se Jin Kim, “Failing to Protect Refugees: South Korea’s Dismal Global Ranking,” East Asia Foundation Policy Debates 112 (January 29, 2019): 2. 

[ennaraw52]

Travel Tips: Golden Nuggets

Backpackers: What are the most important things/lessons you learned from traveling the world?

Enna Morgan·Updated December 5 Former Faculty at Tsinghua University (清华大学)

Originally Answered: What are the best life lessons you’ve learned from traveling the world?

Pee whenever you see a bathroom, you never know when you will see another one

Almonds are a girl’s (and boy’s) best friend, and is more important than even lipstick (So if you have to make a choice, choose wisely). Regardless of the size of the city you are flying into, never assume that there is a welcome committee waiting for you with a smorgasbord of food…..especially if you are vegetarian.

Always have a bottle of water in your bag, except if you are going through an airport; in Thailand, even the empty bottle seems to be problematic, and size does make a difference!

Hospitals: Life-saving institutions under ordinary circumstances, but death traps when you do not speak the local language.

All over the world people love tourists, until the tourist runs out of money.

Credit cards are your best resources for travel, it saves you the headache of fake currency (especially in Asia), and rescues you from the pickpockets (globally).

Planning on going shopping in China? Here is a valuable bargaining formula: 1/4. Whatever the price you are told, know that you can offer 1/4 and they will still make money off you. One little subtlety though, you have to be prepared to walk away….because that’s when the real bargaining begins!

Around the world, many stores have two price tags: the local price, and the American (UK, Canadian) price. But then some stores reserve the right to have no price tag; it will be adjusted according to your nationality and congeniality.

The rating of tourist destinations is determined by the availability of food, alcohol, and sex (and not necessarily in that order).

Years ago we rated airlines according to their level of comfort, today we rate them by their level of frugality….and we call it economy.

As the earth’s population and the individual’s body size increases, the service and the space in aircrafts decrease at an equal pace, proportionately.

I used to think that a train was a wonderful alternative to air travel, a lovely way to see and experience the country. I have been disabused of that notion. Travel by day, will nauseate you from the unending silos, haystacks, cows and pastures, and the multiple ways that we pollute the earth; night travel will introduce you to the vast spectrum of blackness, and the distant lights of cities that will be impressed upon your mind as just a flash in time. And travel during any time with the less-than-impressive toilets, will….well, let’s just leave that topic for another post. Bottom line, trains are good, but not all groovy!

There was a time, not so long ago, when an airline ticket was an all-inclusive package deal; today your ticket buys you ONLY the right to board the plane (well, even that is litigious, depending on if you are on United Airlines), everything else is non-inclusive: the seat, the food, your luggage, the right to get inebriated, a pillow, a blanket, the space size, the comfort level, and even the view. Very soon we will be taxed on the air quality.

When travelling, anywhere, pack half the crap and twice the money

TIPS: Initially, an abbreviation for, To Improve Promptness, today it means, Taken In Place of Salary. In most places (especially the essential (food and beverage)), tips are not optional, they are either included in the charge, or arduously solicited (Psst! That’s a code phrase for ‘guilt trip”!)

Global travelers should be allowed to hold an international passport card, and allowed to work and reside in every country. Why? We make mortgage payments in the taxes, the foreign surcharge fees, and the special ‘foreigners’ price that we pay as we travel through the country.

Never set your bags in the trunk of a cab, you lose your bargaining tool

Most cab drivers are clueless about the city in which they operate; it seems to be a prerequisite for employment in this occupation. Strangely enough, though, they know all the scenic routes quite well.

All the world knows about GPS, and uses it…..except cab drivers. Hmm!

Red-eye flights are quite economical in the smaller, South Asian countries. But just be sure someone is collecting you at the airport, because if not, then your taxi fare will be perhaps 4 times the cost of your flight, since transportation options will be slim to non-existent.

Hotels and AirBNB owners are more than likely connected with some of the top photo-editors in the country; they can make a shanty-town room look like something out of Architectural Digest.

If you are looking to meet people, and live it up, book a hostel; if you want to experience family life, and embrace the environment, try AirBNB; if your thing is lovely aerial views, fine dining, and a bed and shower, then a hotel is for you; if you yearn for fresh air daily sunshine and sea views, nightly entertainment, and food ad nauseum, a cruise is a-calling; but if you’re looking for a really good night’s sleep, then shut the doors, turn off the phone, and tuck yourself into bed. Stay at home, it is the only guarantee of peace and quiet…..okay, so that may not be accurate if you reside in Southeast Asia!

The best party cruise line is the Carnival Cruise; the best destination line is Holland America Cruise line (they are under the same umbrella company, Carnival Corporation). The best cuisine is in the Caribbean; my favourites being Negril (Jamaica), and Cabarete (The Dominican Republic). And the best experiences you will have in your life, in terms of emotional diversity, taking you from your highest highs to your lowest lows, will be in India.

In Europe you need to check your change; in Asia, you must check the notes; in South America you have to check your pocket; and in general, you should check your attitude, as internationally, there is an undisclosed ‘bitch fee’ that applies to every transaction.

For flights, hotels, and cars, the best deals are online; for everything else, the best deals are made with the person, in the moment, at the location.

Cruisers, know this about bargains: When the boat docks in port, the price tag (of anything) drops dramatically and proportionately, relative to the distance from the cruise boat. Also, the excursions are way cheaper on the shore than on the boat….makes economic sense!

Ferry boats provide a great way to see a city from the inside; except in Indonesia; a ferry boat ride there is a great way to ruin a vacation….or a life, depending on how well you swim!

Curbside check-in is a fantastic invention, and works superbly, globally; except at JFK airport, there they give new meaning to the word “vegetating”!

Rental car companies are in the business of selling insurance, not renting cars. You should know that going into it! Be sure to have your own insurance so that you can check all the ‘decline’ paragraphs on the 10-page contract. FYI: Your credit card covers a portion of rental insurance, check before you check (get it?), or you will be paying twice….or thrice if you’re not too bright.

If you have a connection on an airline, that is one hour or less, and you miss that connection (due to airline delays), the airline is responsible to get you another flight, at no additional cost. If it is an international connection, then it means that customs will be involved, so make sure that there is more than 1.5 hours in-between flights, or you will more than likely miss your connection, and in many cases (transcontinental) there is only one flight daily. And though they are liable (provided that they booked this ticket, and not you), there will be a major tussle for the airline to assume the associated costs, being hotel, meals and transportation.

Checked luggage is not the best place for your valuables, the bag-handlers will steal it; your carry-on is not suitable either, TSA will ‘confiscate’ it; a bank lock-box used to be a viable option, but the government can levy on it; and due to their steady and usurious fee (inflation) a storage facility will incrementally decrease the monetary worth of your valuables. The solution? I’m waiting for one too. So when you find one, market that shit, we are all waiting to buy it!

Do not try to repeat a phenomenal vacation, that is why it is called ‘phenomenal’ – because it is a once in a lifetime experience!

Which brings up the point: Holiday romances are just that – “holiday” romances! They are context-bound, and are designed to work only within those conditions…skinny dipping, romantic sunsets, piña coladas, etc. Don’t expect the romance to transcend reality.

As a global traveler, know that the world economy rests squarely in your able hands, so understand your commitment to, and participation in this delicate ecology. Businesses everywhere understand your love for and commitment to exploring the world, hence the hospitality and service employee’s income is now 20% salary, 20% tip-based, and 60% pilfering. Do your part, live it up so there is not much left in your wallet to steal!

If you are in a foreign country, remember this – you are a foreigner; you are not in control, they are! Adjust your attitude accordingly (oh, wait, did I mention that before? Yeah, well perhaps it needs repeating!), that could determine if you leave the country in an aircraft or a body bag….either way, the locals won’t give one rat’s patootie!

Gee, I hate to leave on such a dour note, so…….buon viaggio!

***********************************

804.2K viewsView UpvotersView

SharersMira Zaslove, Prabhjot Kaur, Bala Vignesh and 6 more upvoted this13.5K72244

Add CommentMegan Cox·March 23, 2018

Gold!

One note: In the US, there are legal minimums between flight legs. If the airline covers it, their ass is covered. They do not have to rebook or accommodate you for free. They may choose to do so, but are not legally obligated to.

I specifically remember the legal minimum at DFW when arriving fr … (more)Upvote·2Reply

Mrinal Bhattacharya·March 15, 2018

Enna, I loved your post. It wasn’t just entertaining, it was completely relevant and true.

Also, I am completely in love with the style of your writing, the way you hid those little humour nuggets with each statement:

“Most hotels are more than likely connected with some of the top photo-editors in th … (more)Upvote·62Reply

Enna Morgan·March 17, 2018

Hi Mrinal, many thanks for reading, and taking the time to express the little things that brought joy and amusement. I really appreciate the detailed note. Hope that one day our travel paths intersect, then we can have a coffee and a good laugh about all our travel tribulations and anecdotes :)Upvote·16Reply

Mrinal BhattacharyaHey Enna, that will super cool. If you ever plan to visit India, feel free to message me…. I will be happy to assist you in curating the itinerary. If time permits… I would love to join you as well… By the way… Coffee and Conversation sounds perfect.Harry Renords·June 25, 2018

That’s true my dearUpvoteReplyC.J. Heck·August 13, 2018

Well done! I enjoyed your writing and learned a lot, Enna. Thank you!Upvote·2Reply

Enna Morgan·August 16, 2018

You are most welcome, C.J. Thanks for reading….and for the compliment :)Upvote·1Reply

C.J. HeckIt was well deserved, Enna.Robert Craig·August 17, 2018

I especially like this point:

When travelling, anywhere, pack half the crap and twice the money.

Although this point really only seems to apply to Americans in my experience:

Rental car companies are in the business of selling insurance, not renting cars. You should know that going into it! Be sure to … (more)Upvote·3Reply

Enna Morgan·August 18, 2018

Thanks for the comments and likes, Robert

About the rental insurance, have you checked into airline credit cards? A lot of cards associated with airline companies (for the sky miles) offer various kinds of insurance and rental insurance.

And yes, that paragraph did apply primarily to car rental age … (more)UpvoteReplyRobert CraigI have not! Thanks for the suggestion. Will look into it.Greg Young·March 6, 2018

“Red-eye flights are great in the smaller, South Asian countries, just be sure someone is collecting you at the airport. If not, then your taxi fare will be perhaps 4 times the cost of your flight since transportation options will be slim to non-existent”

so much this.Upvote·3Reply

View More CommentsView 100+ Other Answers to this QuestionAbout the AuthorEnna MorganVeteran. X-Legal Advocate. EducatorEditFormer Faculty at Tsinghua University (清华大学)Studied at University of WashingtonLives in Global Village3.9M content views18.9K this monthTop Writer2018Active in 3 Spaces2,653 Followers

  from Travel Tips: Golden Nuggets

[talabib]

How To Pivot Into A New Career

Maybe you’re dissatisfied with your current position and are looking to start a new company. Maybe you want to transfer to a new position within your firm or even change industries. Perhaps you’re a manager who wants your employees to be satisfied and productive.

Regardless of which of these might apply to you, you probably know that making a major shift in your career direction can take time, and – if done badly – can be very expensive.

There are four steps you can use to pivot: plant, scan, pilot and, finally, launch. There’s also a fifth element, lead, if you’re a manager looking to apply these useful lessons for your own employees.

Changing career paths is becoming increasingly common and isn’t something to be afraid of.

We all know the feeling: you’re stuck in a rut in your job, but you’re too scared to switch things up and get out. After all, it might well put your finances at risk. Perhaps your family and friends have expressed concern at your desire to change tracks. They might even say it’s some sort of age-related crisis. But guess what? It’s perfectly normal for you to feel that way.

These days, it’s quite normal to have multiple careers. Few people stay at the same company for their entire working lives before retiring – things just don’t work that way anymore.

In fact, the average American employee stays in one position for just four to five years. Adam Chaloeicheep is a case in point. Chaloeicheep was once creative director of a real estate development company in Chicago, but, burnt out, he left his job and headed off to Thailand to study meditation.

Eight months later he was back. His mind was clear. His passions for fashion, technology, entrepreneurship and brand strategy would now guide him. He went back to school to broaden his skill set and then started his own company, ABC Design Lab. Fulfillment and financial success followed soon after.

Yes, Chaloeicheep’s story is a little on the extreme side. But it’s indicative of a broader trend. A recent Gallup poll showed that up to 90 percent of employees are either “not engaged” or “actively disengaged” from their jobs. It’s no great surprise, then, that people are on the lookout for new opportunities.

Crises that make you look elsewhere are in no way voluntary. But you can use that same outward-looking mentality to make a deliberate career shift in a new direction. It’s known as a career pivot, and to do it, you don’t even have to leave your current employer.

Let’s take Amy Schonberger as an example. She felt stuck as a senior creative strategist in a public relations firm, but she wasn’t ready to ditch just yet.

Rather than looking for new jobs, Schonberger started taking responsibility for social media and blogging. Her coworkers weren’t interested themselves. They felt working in social media would damage their reputations.

But Schonberger knew better, and before long, she found herself dealing with the company’s biggest clients. Her status as a social media expert soon led to her appointment to a new, official role: director of digital entertainment.

Step back and define your values so you know what you want to achieve.

It makes no difference whether you want to start a company or if you want to take on a new role at your current firm – change can be overwhelming.

However, you can make things easier by zooming out to get the big picture and thinking about how you want to plant your pivot.

There’s no need to get tangled up in the hows and whens of your pivot just yet. First of all, establish your vision: think carefully about what your broader values are.

Jenny once had a client, Justin, who was sick of working for his family’s real estate business. Instead of delving into the issues of what Justin should do, her first step was to identify Justin's values and status.

Through their discussions, they determined that the most important factors for Justin were his health, financial security, environment and relationships with like-minded people. Based on this information, they were able to discuss Justin’s career options together.

Within a few months, Justin had been accepted to a business school in San Diego on a scholarship. There, he was able to meet new and inspiring friends, in a place that offered an inspiring and healthy environment.

The trick is to keep the focus of your dreams tight. Don’t start thinking long-term and in generalities; instead, define a pivot vision based on your values for the next couple of years.

Consider the jenny’s sister-in-law, Gillian. One day, while on the conveyor-belt career path that would make her a lawyer, she realized she wanted to get off.

She didn’t want to spend the year after law school writing legal documents – she wanted to become more engaged. She needed an environment in which she could be flexible and physically active, and in which she could interact with like-minded peers. Perhaps most of all, she wanted to start a business and a family with her husband.

Gillian had been taking a CorePower Yoga Teacher Training course at the time. Soon after starting, yoga had become central to her happiness.

Even though she passed the bar, she decided to quit her position at the law firm to teach at a yoga studio and get involved in the yoga business. She was able to utilize her unique background to her advantage, and soon had a managerial position at the studio. This work left her feeling far more fulfilled than she would ever have been as a lawyer.

The lesson here is clear: if you clearly define your values and your vision, you’ll be more equipped for large-scale changes. You’ll know just what to do when those daunting decisions inevitably come up.

Pivot to your new career by focusing on your strengths and evaluating your financial situation.

Thinking about making a change to your career is almost sure to stoke anxiety. It would for anyone. After all, you’ll be starting from scratch and losing your current regular paycheck.

To deal with this fear while you’re planting your pivot, you’ll need to evaluate your current situation; this is the second part of planting. It implies considering how your current strengths will help you move on and up.

The result is that you won’t be starting over with a blank slate, as you’ll know exactly where your strengths lie. Ask yourself: Are there any specific challenges I’m attracted to? What energizes me?

Sometimes, your career portfolio can provide the answer. Other times, you might have to look back a bit.

Take Jason Shen. He began in content marketing, but took up a product manager position at a start-up. As he was transitioning into his new role, he found an end-of-the-year evaluation from his kindergarten years hidden among old documents at home. In it his teacher had written, “He especially enjoys computer work, games and making things.”

It was confirmation that his interest in computers and building had been there from the start. And what’s more, it gave him a huge boost of confidence: he realized that he wasn’t some hanger-on to Silicon Valley culture. He now knew that his new position was sure to play to the strengths he had had his entire life.

You can also decrease the stress involved in change by obtaining a better understanding of your financial situation. That way, you’ll know when you can afford to take a big risk and – just as critically – when you can’t.

Let’s look at Andrew Deffley. When he turned 30, Deffley decided to transition away from being a production manager at NFL Films, where he’d been for eight years. He wanted to fulfil his lifelong dream and become an actor, but he knew he couldn’t go into it blindly. He had to take stock of his financial situation and come up with a plan.

First, he would save enough so that he could take a six-month break from NFL Films. He could use that time to see if acting was the right thing for him. Then, if he still wasn’t earning enough from acting alone after six months, he would start up a side hustle of production-related work. That way, he could continue to audition for roles.

These side earnings played to Deffley's strengths by using his already-acquired skills. He was able to keep himself financially secure, while simultaneously pivoting toward his dream career with confidence. It worked out well. Since starting, Deffley has landed roles in web series and TV shows including I Love Ryan? and Orange is the New Black.

Successful pivoters rely upon a network of mentors and advisors.

Once you’ve got a good idea of the foundations required for a pivot, then it's time to scan for opportunities.

Some people think what’s needed at this stage is a career mentor, someone to dispense expert advice in the long term. But it can be a laborious task finding someone to take on this time-consuming role. But no worries, it’s actually better to work with a series of one-off mentors and experts.

In many cases, these advisory sessions morph into longer-term mentorships. When jenny was beginning as a career coach and speaker, she didn’t look for a long-term mentor. Instead, she called up Susan Biali, an expert in coaching and speaking, and asked for a one-off conversation.

During the call, Biali offered to help her on a regular basis, even suggesting they check in each month. They’ve actually kept in contact to this day.

If you think of these conversations as one-off interactions, that’ll park questions relating to long-term mentorship. You won’t feel you’re pushing your mentor for more time in the future.

Aside from these one-off mentors, you should also build up a mastermind group of friends and peers with similar interests, who you can ask whenever questions come to mind.

Let’s consider Luke Schrotberger. He was a consultant to an Alaskan oil and gas group and he wanted to pivot within his company. Schrotberger reached out to a peer for guidance. He had himself pivoted within the company.

Your mastermind group might include friends who have similar goals to you. Jenny and her friend Alexis Grant are just like this. While they were both writing their books, they made sure to be in daily contact to keep each other on track by sharing experiences with each other.

But what do you do when you don’t have friends or colleagues who can help? Thankfully the internet is a savior here. There are loads of courses, sites and communities you can access.

One of these courses worked for Lora Koenig, who found a mastermind group thanks to the program. She used them as a support system as she transitioned from product management to agricultural development as a Peace Corps volunteer in rural Ethiopia.

However you choose to find your support network, the general lesson is clear: the relationships you foster at the start of your pivot are sure to help you throughout the entire pivoting process.

Generate opportunities rather than waiting for them to present themselves.

We all know those people who are a bit too passive in their outlook; they sit around waiting for a miracle to happen.

If you really want to switch things up, however, you need to actively scan for new breaks. And the most successful pivoters are those who look for opportunities related to their strengths.

Consider Shawn Henry. In 1999, he’d been at the FBI for ten years and wanted to transition from his job as a special agent into a supervisory role.

However, despite his experience and dedication, Henry found his applications rejected when he applied for four different positions across the agency. Then, he noticed that the position of chief of computer investigations was being advertised.

Although Henry had no experience in the FBI’s computer division, he reckoned that he could lead the division in the face of rising digital crime. He felt he could apply the tactics he’d learned as a special agent – such as wiretapping and undercover work – to the digital realm and to the internet.

He landed the job. Eventually, Henry worked his way up to becoming executive assistant director, the third-most important position in the FBI, before founding his own cybersecurity start-up, CrowdStrike. And it was all made possible by being proactive and using his strengths to sniff out opportunities.

Another way you can create your own opportunities is by doing what’s known as platform-building, which can help make your desired direction known to all.

Photographer Daniel Kelleghan is a good example. After quitting his product photography job at Groupon, he was able to shoot the fashion and architecture photos he’d always wanted to. In the meantime, he used corporate gigs to supplement his income.

Kelleghan was able to gain a cult following for his photos on Instagram. Thanks to Instagram featuring his work, he was able to hit 100,000 followers almost overnight, which gave him an instant breakthrough.

These days, Kelleghan’s platform gives his clients, such as Audi and Warby Parker, a way to get in contact to ask if he can shoot their products. He offers companies the chance to place their products in his Instagram feed, and he especially likes contacting hotels in places he wants to visit. That way, he gets to travel and stay in nice hotels for free.

The point is that Kelleghan never stopped creating opportunities. He achieved success through education, hard work and sheer will. Without that, his “lucky break” would never have been possible.

Before pivoting properly, pilot your ideas with small, low-risk experiments.

You've identified your next big move, and you’ve done it by recognizing your values and finding helpful resources. Now it's time to test out your vision in the third stage of the four-step method: piloting.

The idea here is to seek out ways to pilot small-scale versions of your larger vision. That way, you can determine through experimentation whether your pivot is actually something that thrills you. Based on the results, you can adjust your methods according to your strengths and goals.

Let’s look at Christian Roberts and Bill Connelly, the improv comedians behind Angry Landlord, a New York comedy show. Angry Landlord began as an experimental collaboration, since the comedians wanted to channel their talents into a new format that would fit with their interests.

However, when they looked out from the stage during their third show and saw just eight people in the audience, they knew they’d have to adapt. What was and wasn’t working? What were their strengths?

Then they hit upon the answer: they had to network with comedians and build their brand. As such, they adjusted their approach and started building their social media profile. Before too long, they were posting short YouTube videos and expanding their network of comedians.

Thanks to these efforts, Angry Landlord has been a sellout show ever since.

Sometimes you should pilot in stages, which means incrementally increasing the risk in your experiments. That way, you don’t enact new changes all at once.

Bob Gower did this. He’s a business consultant for Fortune 100 companies but was once working on developing a beginners' bondage course for couples.

Gower set up a series of pilots to test his idea. However, he used the pseudonym Ryan White so as to keep the hustle separate from his day job.

Instead of going all-in with a huge investment in the project, Gower continued his consulting. He thought that if enough people were interested in the Facebook group and the free PDF guide to basic bondage he’d written, he’d see it as an indication that there would also be interest in an e-book. And then, if his e-book was successful, he’d work on developing an online course.

However, the experiments turned out differently than he expected. Gower still liked the project, but realized there wasn’t any point expanding it into a full-time gig.

It wasn’t a waste of time, though. He was able to use his real-life stories about his bondage business endeavor in his consulting work. Not only did it give him an edge, it also made him seem authentic.

Maybe you, like Gower, will find that your piloting will take you down a different path from the one you first envisaged.

Fears involved in launching your pivot can be overcome by setting yourself launch criteria.

Once you’ve evaluated your values for planting your pivot, scanned for opportunities and connections and piloted your putative move, the only thing left to do is launch. But for some people, fear of failure can keep them from actualizing their pivot in the first place.

Don’t get caught in this trap. Identify specific launch criteria to determine when to set your plan in action. You’ll need to engage in some basic troubleshooting and be prepared.

Using launch criteria worked for Tom Meitner. Meitner worked answering customer service emails. His wife, Amanda, did the same job but on a different shift. They never had the chance to see each other.

Meitner knew he was overqualified for his job and decided to write to 300 companies and offer his services as a copywriter. Meitner reckoned that a benchmark of success would be earning $2,500 a month freelancing. If he hit that figure, he would know he could launch properly. Within three weeks he had already made $3,000.

Soon enough, he found himself in a position where he could take on more interesting work, instead of just anything he could get his hands on. Not long after that, he was able to raise his rates, and was making a six figure sum each year – all while working mostly at home.

Meitner’s launch criterium was a financial benchmark, but yours needn’t be. It could also be a specific date, a milestone, an indication of external approval – such as acceptance to grad school – or even a gut feeling.

More often than not, the anxieties involved in launching are rooted in a fear of failure. Just remember, though, that a good pivot also involves diverging from an original concept, especially if it’s clear that things aren’t going to plan. That’s not failure – that’s adaptation.

Take Christian and John. They pivoted from their jobs as commodities traders and began SpringUps, an urban farming business. Even though the start-up was proving to be profitable after a year, it was clear that the project wasn’t going to be the cash cow they’d hoped. It wasn’t enough even to secure the financial future that was so important to them both.

Consequently, they sold the company and parted ways – but they were able to bounce back. Rather than going back to trading, John landed a job at a predictive analytics startup. Christian, on the other hand, took a job in sales at a technology company.

Ultimately, failures are just opportunities for another pivot. And if you feel stuck then just go back to those first three steps: plant, scan and pilot. And that’s how you pivot!

Managers can implement the pivot method within their own companies.

What’s so great about the pivot method is that its usages aren’t limited to those pivoting into new careers. In fact, managers can employ it within their own companies.

Although managers rarely discuss career mobility with their employees, a recent Inc. survey found that 51 percent of CEOs identified their biggest challenge as "attracting and retaining skilled employees."

If you're a manager, it's up to you to begin talking to your employees about pivoting. That’s how you keep good staff.

Let’s consider Courtney John-Reader, an employee at an architectural firm. John-Reader felt she’d run her course as a digital communications coordinator at the company.

Although she liked her projects as well as the company’s work, she felt she wasn’t valued enough, no matter how hard she worked. In the end, she quit.

Sadly, John-Reader’s feelings are common among staff. As a manager, it’s your responsibility to promote and communicate a culture of mobility and recognition.

But don’t discuss with your employees what they could or should being doing. Instead, use the basics of the pivot method: lead open-ended discussions using the simple question, "what's next?"

On top of those efforts in leading a general discussion, you should offer real opportunities for your employees.

Take the business and analytics software company SAS. SAS’s motto is “Pursue Growth and Learning.” It’s therefore keen on helping its employees reach their professional and personal goals. Consequently, the company offers business tools, equipment for hire, research resources and over 16,000 books, all with that aim in mind.

You can also offer career programs to your employees. The supermarket chain Whole Foods does just this. It has job-specific certification programs that its employees can take, such as the training for the American Cheese Society’s Certified Professional Exam. These programs mean Whole Foods employees can gain skills and pivot to work in specialist sections within the company’s supermarkets.

Just remember: be creative! It’s your aim to foster an environment where employees neither stagnate nor quit. It’s up to you to provide opportunities for them to pivot internally based on their skills and interests. In the end, it will be the company that benefits.

When seeking a career shift, begin by identifying your values, strengths and situation. If you then take small steps toward your goal and run experiments to test your way, pivoting can become not only manageable, but a way to keep your career exciting and dynamic. In today's job climate, pivoting provides you with the mentality you need to adapt to your surroundings, while fostering connections and opportunities.

[wanderlustayne-blog]

Munnar on a motorbike you say…

Since being in India, Brad and I have turned into quite the roadsters. Motorcycle – or a moped – is our preferred mode of transport here…

It was actually in Portugal on a family holiday where we realised that having a bike gave us even more freedom to explore. (You can read that post here).

So with this opportunity to explore outside of our current whereabouts, we have been able to go and see places we would either need to pay more for, be limited on time at or just not get the chance to see – because you just wouldn’t “go have a peek over there” if you are being driven somewhere by someone else. –

We have had several road trips the last three months here in India. Our latest trip was to Munnar. Munnar is a town in the mountains located in the Idukki district of Kerala. It is about a 4.5hr drive from Kochi and really worth a visit even if you decide not to get a bike there. There are plenty of package deals and buses etc, to get there.

Things you need before you get a bike:

There are a few things you should know and have before you attempt to get a bike in India.

FOCUS: First and foremost, you need to have your wits about you. India is an extremely chaotic country to drive in and if you are a nervous driver or have delayed reaction time then perhaps getting motorbike is not for you.

DRIVING LICENSE: Now, most places in India will probably only ask you for your regular valid home driving license. But please be aware that you should also carry with you an international driving permit, a document that, along with your driving license, allows you to legally drive a motor vehicle while abroad. The reason why I am mentioning this is that sometimes if you are not carrying one it can be used against you by the police if you get pulled over and they want a bribe from a foreigner. So do keep that in mind and maybe think about getting one for your travels. (You can apply for one easily here)

PASSPORT/ID: Once you have chosen your bike and have negotiated a good price – if you are trying to travel on a budget or just hoping to save some money, know that you can negotiate on a price per day, don’t just agree with the price they give you. You can definitely screw them down. – They will probably ask you for some sort of deposit. Sometimes it will be a cash deposit but other times it will probably just be a form of ID that they will return to you when the bike is returned.

And that is literally it, with these three things you can get a motorbike just like that.

** Please make sure you hire a bike from a reputable shop, make sure you can trust that they are giving you a decent vehicle and at a fair price.  – Some places may even look after your bags until you return if you are going for a few days like we did. –

If you are looking for a good place then head over to Ocean’s Pride Tours on Rose Street, Fort Kochi.

They gave us Royal Enfield Himalayan bike that was in excellent condition at a very reasonable price and they also looked after our stuff.

3 Day Itinerary For Munnar

We spent three days in Munnar, and for me, that felt like the perfect amount of time to spend there but of course, it’s entirely up to you and what you want to do there.

The 3 day itinerary that I am going to share with you is just locations that you can reach on your bike around Munnar and the Idukki District which are completely free to visit. No tours or treks, just landscapes, nature and a whole lot of adventure! –

– If you are taking a bike, you can also reach these places by car, taxi or tuctuc. Whatever you decide 🙂 –

Day 1

Day 1 includes the drive from Kochi, it took us about 5 hours on the way there more or less with a few pits stops for tea and snacks.

Attukal Waterfall: Halfway up the mountain en route to Munnar there is an amazing waterfall on the right-hand side of the road. You can’t miss it. At this time of year (March), the water isn’t very abundant but it is still quite a spectacle regardless! I can only imagine what it would look like during or just after the monsoon season. 

Munnar Centre: Once you finally reach Munnar and find a place to stay, – I would recommend staying somewhere outside of the center, it will be cheaper and more peaceful, we stayed at Maharaja Country Resort Hotel – then you can explore the center. It is noisy, smoggy and crowded. But what city in India isn’t? There are lot’s of shopping areas here, there is a lot of homemade chocolate you can buy. – I went to the first place and tried to negotiate on a cheaper price but he didn’t budge. Later I found a place that sold more chocolate for less than what I paid! So make sure you look around first before you commit to buying from anyone. –

We spent the later part of our day exploring our surroundings and planning what we wanted to do for the next two days driving West until it was nearly sunset and heading home for dinner.

Day 2

One of the staff at our guesthouse recommended a route for us to take on day 2 which I am going to share with you all. It was full of so many incredibly beautiful views and it was just an all-round amazing ride which took us all day.

Tea Plantations: As you begin your journey you are welcomed by the mass of tea bushes that will be the main view of the day but trust me, it does not get old! It is just so amazing to look at and you wind through the hills through villages and settlements that you can stop in for tea or just admire whie you drive through them. These tea plantations are over 150 years old, they are just truly incredible to look at.

Manakulam: The drive through the plantations is quite long maybe an hour and a half or so. Eventually, you will reach a dirt road which will take you through some younger plantations, maybe 20 years or so. You will know you have reached them when the bushes are cut into rows rather than the abstract way they were cut before. Between the plantations, there are some villages. We stopped in Manakulam for lunch. Make sure you get there before 2pm, they stop serving the infamous banana leaf thalis at that time. It’s cheap, and all you can eat. Winning.

Perumbankuthu Waterfalls: After lunch, keep heading down the route towards Anakkulam which I will tell you about next. Before you get there, you will reach the most incredible waterfall that is something not to be missed. Brad and I spent some time there, we had it all to ourselves. It had a pool at the top of the immense waterfall where we swam, it then cascaded over the edge onto the most incredible view of the jungle.

Perfect spot for photos and to gaze out and appreciate the fact you are alive and looking at this…

Anakkulam: If you come back on yourself after the waterfall then go left down the mountain instead of back up towards Manakulam you will reach Anakkulam, a small village resting on a grassy plane with running water that is occasionally visited by wild elephants. -If you go there in the evening you might even catch a glimpse! –

A Different Route Home: When it’s time to go home, instead of heading back up the hill towards the 20-year-old tea plantations take the right exit for another route home. It runs parallel to a waterfall and the river at the bottom of it. You will then drive through a small village where you can stop for tea and a snack if you want then the rest of the ride takes you right back to the beginning!

This will be a really fun day, explore, take your time and enjoy! 

Day 3

On our final day, we drove North to further explore where we initially went on our first day which I mentioned earier. Below I am going to share with you the locations we found, all completely free for you to enjoy but there are options of paid attractions if you so wish. You will be blessed with incredible mountain views draped with fog and sprinkled with tea bushes for most of your journey, there are some tea factories you can visit if you want a tour and also a chocolate factory too. (these of course are  attractions you must pay for)

If there is one request I may make, please for the love of all innocent creatures, DO NOT visit the elephant park. I do not and will not EVER advocate or support the capture and exploitation of wild animals for our entertinment. It is cruel and wrong. Please, if you are an animal lover and care about their safety just  stay away from anything of this nature. – When we were in Thailand a few years ago, we went to what we thought was an elephant sanctuary (it could well be…) but we were not comfortable there and we left that day instead of the three days that we planned because they were forced to do tricks and be in certain areas at certain times to fit the schedule of the sanctuary rota that was made for us. It just seemed all very forced and not very “sanctuary” like at all. –

If you are going to do a santuary visit, please do your dudiligence before going. Make sure they are legit and that the animals are in fact rescued and properly cared for and not just there for our entertinment.

Anyway… Below is the route that we took on our last day. It’s pretty much the same road there and back. Take your time, you will really feel close to nature on this ride and you even get to the bordering line of Kerala and Tamil Nadu.

Munnar Colony: When we drove North on our frist day we noticed a colourful hillside village whcih we decided to explore on our last day. It turned out to be the village of Munnar, – so the noisy, smoggy centre wasn’t actually Munnar itself just the touristic hub of the area. 

Mattupatti Dam: There are a few things to do here, shooting games after the dam, stops for tea/coffee, shops for chocolate and souvenirs. After the dam there is a huge mass of water. You can go boating, picnicking and even go for a walk in the reserve forests in the surrounding areas. It’s absolutely stunning and some of the views even reminded me of the English countryside.

Echo Point: Still part of the lake and just after the dam you will find a spot called Echo Point. You can pay to see the attraction, which we didn’t do ourselves but there are other areas where you can still experiment with your best screams for a good drawn out echo! 

Pampadumchola National Park: After the lake, just keep driving on the same road for about an hour. You will drive through even more tea plantations, more mountain views and, forest. There are some sad sights of deforestation but I guess they are removing the trees to plant more tea bushes. Eventually, you will hit some epic views where the tips of mountains are peeking out from beneath the blanket of fog. You will reach a national park at the border of Kerala and Tamil Nadu. You can pay to go into a tower for picture taking and gazing. We just had a tea, watched the monkeys and went for a walk.

The way home is the exact same route, so if there are any places you missed you can revisit them on the way back!

I hope you guys enjoyed the post and for some of you it provides you with a nice plan for a ride and a few days out in Munnar. Let me know what you got up to in the comments below!

Until The next post x

Traveling Around Munnar On A Motorbike – India Munnar on a motorbike you say... Since being in India, Brad and I have turned into quite the roadsters.

[kristablogs]

How to travel solo, according to an adventurous biker

Traveling alone gives you the opportunity to be completely responsible for yourself, revealing how capable you truly are. Santa Marta, Colombia. (Janelle Kaz/)

This story originally featured on Motorcyclist.

There’s a lot of trepidation before setting out for the open road, leaving behind comfort and the known. This uncertainty can come from heading to a place you’ve never been before, perhaps away from civilization, out of cell service range, or from embarking on a solo journey—especially if you’re a woman.

I should know, I’ve ridden nearly 135,000 kilometers solo in the past five years on three continents. People constantly ask me if I’m afraid, regardless of where I am or how safe the area is perceived to be. While riding in Laos, an extremely peaceful country, an old grandma told me that men might come to slit my throat and steal my motorcycle. Likewise, I’ve had people in the US say something similar, though slightly less graphic. The general consensus is that I shouldn’t be riding alone. Well, to hell with that, I say.

I love riding solo. I adore being able to do whatever I want when I want. I enjoy not having to check in with someone to see if they also want to take this alluring detour or stop here or there to take photos, and I also value meeting myself during the hardest challenges. I’m not interested in following a man around, thank you.

If you wait for others to join you on that motorcycle adventure you’ve been dreaming about, it may never happen. May as well get some practice in. Antioquia, Colombia. (Janelle Kaz/)

I’ve also found that you’re more likely to meet interesting people and find yourself in incredible situations that wouldn’t have happened if you were in your secluded pair or group bubble.

I guess this all started when I planned my first trip abroad. My friends who I had made the travel plans with completely bailed. I was determined (one might say “stubborn”) and went anyway. I haven’t stopped traveling solo since. In fact, I’ve never really traveled with other people for much time, only taking day trips by motorcycle together, never touring. I’m curious what that would even be like.

Curiosity aside, perhaps some of you will benefit from my solo riding safety tips that I’ve gained over the years (and miles), so here they are:

Book ahead

Reserve your accommodations before you arrive. That way you have an address to navigate to so that you don’t have those moments of drawing attention to yourself (or your motorcycle) while looking for a hotel either on foot or riding around. Anytime you can omit looking like a lost, vulnerable tourist is a good thing. That being said, confirm the address before you set out as sometimes they are off (I have some stories to elucidate this but I’ll spare you for now).

Booking ahead isn’t always possible, such as in the remote mountains of Peru where you have no idea how long it will take you to get from point A to point B. I actually found prebooking to be a source of added stress in these situations, because I felt I had to make it there since I already paid for my hotel, when really, it would have been better to take my time and not rush. Therefore, I stopped trying to prebook once I realized I wasn’t sure how far I could make it each day. You can still write down the name and address of your top choice of places to stay so that you have an idea of where you’re headed if you do make it there, and consider looking for a place in a nearer town as well.

How much do you underestimate yourself? The only way to truly know is to push yourself beyond your own perceived limitations. Xiangkhouang, Laos. (Janelle Kaz/)

Fake it

Carry a fake wallet. Fill it with junk papers, business cards, some coins—make it look and feel legit. Keep it somewhere that is easy to hand over if someone ever tried to jump you. Also carry backup info, such as scanned passports and ID cards, but consider what you would do if you lost everything, just so you have an alternative plan and have already thought through it.

Don’t overshare info

Time and place predictability isn’t much of a concern these days by the majority of the population; just have a glance at social media. Don’t share your specific locations either online or in person to anyone who might ask you (such as “Where are you staying?”). This is especially a good call if you’re a woman traveling alone. Stay smart.

Often when people ask me where I’m going along the road, I tell them a different destination. I don’t post about my locations socially until after I’ve left—sometimes weeks after. If I don’t feel comfortable telling people I’m traveling alone, I tell them my boyfriend or friends are right behind me, or that they’re waiting for me just ahead.

Don’t worry, feeling like it's unwise to even attempt a solo motorcycle trip is normal. Thakhek, Laos. (Janelle Kaz/)

Leave a trail

Carry a GPS tracker. There are plenty to choose from these days, such as the Garmin inReach Mini.

Diversity your maps

Carry a variety of maps with you. We are way too dependent on technology these days. Just recently, here in Colombia, my iPhone stopped communicating with satellites to register where I am on the map, even in my off-line maps. Digital navigation really only works when you know where you are in relation to where you’re going. It turns out my specific model of phone was recalled for a motherboard error. I was in the remote mountains of the coffee-growing region, using paper maps and a compass.

Show strength

Carry yourself with confidence. When I walk around in the city or small towns, I walk as if I’m about to kick someone’s ass. It’s about what you wear and how you hold yourself. I am not a large person, but I walk quickly, usually wearing my armored leather jacket and motorcycle boots. I try my best to always look like I know where I’m going, which sometimes takes some planning ahead or ducking out of view to recheck the map. Don’t wear headphones, even if you’re not listening to anything—the appearance of headphones makes it seem like your senses are hindered. If you must, only keep one earbud in. Don’t stare at your phone, be very observant of your surroundings. Do not go out at night to bars alone, or even with newly acquainted locals.

“The place to improve the world is first in one’s own heart and head and hands, and then work outward from there.” <em>—Robert M. Pirsig, <a href="https://www.amazon.com/Robert-Pirsig-Motorcycle-Maintenance-Reissue/dp/B00HTK12TW/ref=as_li_ss_tl?dchild=1&keywords=Robert+M.+Pirsig,+Zen+and+the+Art+of+Motorcycle+Maintenance&qid=1597758302&sr=8-4&linkCode=ll1&tag=mcy01-20&linkId=62dc724648ab6c98a18d0a93cd7874ee&language=en_US">Zen and the Art of Motorcycle Maintenance</a></em>, a prerequisite read before you head out on the road. (Janelle Kaz/)

Smile, you’re on camera

Use an affixed helmet camera. Since using Sena’s 10C Pro, I’ve noticed that when I touch it just to turn down the volume around police or nefarious-looking people (like the gunmen outside of the Peruvian jungle who barricaded the road), they notice the camera and they start to act a little more respectful. Because they don’t know, exactly, what this low-profile, side-mount device is—they only see that it has a camera lens on it— they aren’t totally sure where the information is going at that moment. I have certainly seen the benefits of using a helmet-mounted camera which were totally unexpected before setting out on the trip. I think enough people know what a GoPro is that such a square box mounted on your helmet wouldn’t work the same way.

Stay lit

Travel during the day. No need for the added risks that darkness brings. Although sometimes you might unintentionally wind up navigating in the dark, plan your rides for the daylight hours, when our eyes work best.

I’ve always got knives with me—which I mostly use at wonderful, roadside fruit stands like this one. Tungurahua, Ecuador. (Janelle Kaz/)

Carry (legal) weapons

I feel that it is better to have them and not use them than to not have them at all. I always carry mace and a couple of blades with me. I even wear a fixed blade on my belt so that it is clearly visible, as a deterrent. Anyways, the knives are useful for all the delightful roadside fruit stands. I keep the mace in my jacket breast pocket for easy access. If you can’t travel with these defensive tools (if you’re flying with only carry-on luggage, for instance), look into where you can pick something up once you arrive. Keep everything in a consistent place so that you’re never searching for it and can easily find it in the dark.

“In a car you’re always in a compartment, and because you’re used to it you don’t realize that through that car window everything you see is just more TV. You’re a passive observer and it is all moving by you boringly in a frame. On a cycle the frame is gone. You’re completely in contact with it all. You’re in the scene, not just watching it anymore, and the sense of presence is overwhelming.” <em>—Robert M. Pirsig, <a href="https://www.amazon.com/Robert-Pirsig-Motorcycle-Maintenance-Reissue/dp/B00HTK12TW/ref=as_li_ss_tl?dchild=1&keywords=Robert+M.+Pirsig,+Zen+and+the+Art+of+Motorcycle+Maintenance&qid=1597758302&sr=8-4&linkCode=ll1&tag=mcy01-20&linkId=62dc724648ab6c98a18d0a93cd7874ee&language=en_US">Zen and the Art of Motorcycle Maintenance</a></em>. (Janelle Kaz/)

Follow cultural norms

Depending on where you are in the world, showing parts of the body that are rather mundane to the Western world, such as your shoulders, can be a big deal. Living and riding in rural, traditional Thailand taught me modesty, because otherwise people perceive you as intentionally being “sexy,” which is not the ideal vibe you want to portray to the general public while navigating on your own.

Weigh the cost

Sometimes I might want to stop and take a photo, but based on the crowd that’s around or the sort of attention I may draw, I choose not to. I’ll never know if those situations would have caused a problem for me or if I would have just ended up with one more epic photo, but something—call it intuition or judgment—told me not to. Get to know that intuitive voice within you and listen to it. It could very well save your life, not just from criminals, but from choosing the right path in terms of your motorcycle journey and in life more generally.

“You look at where you’re going and where you are and it never makes sense, but then you look back at where you’ve been and a pattern seems to emerge.” <em>—Robert M. Pirsig, <a href="https://www.amazon.com/Zen-Art-Motorcycle-Maintenance-Inquiry-ebook/dp/B0026772N8/ref=as_li_ss_tl?dchild=1&keywords=Robert+M.+Pirsig,+Zen+and+the+Art+of+Motorcycle+Maintenance&qid=1597758302&sr=8-1&linkCode=ll1&tag=mcy01-20&linkId=6d0a1eff539a0e8d5059250b7a194dd2&language=en_US">Zen and the Art of Motorcycle Maintenance: An Inquiry Into Values</a></em>. (Janelle Kaz/)

Prepare for a breakdown

What if you break down? Obviously, the answer is going to depend on your familiarity with how motorcycles work. I personally am not the greatest mechanic, but I’ve learned a lot on the road—when my bike did break down. Thankfully, my older brother is a fantastic mechanic and has essentially talked me through motorcycle maintenance 101 over the phone. Most of the time, the problems have been accumulative; I noticed something was going wrong, the bike didn’t just quit (except that one time in the middle of nowhere, Laos). Therefore, if I couldn’t fix it myself, I’ve mostly ridden my bike to the mechanic…or even walked it there. Definitely carry a few tools and a flat tire kit; knowing how to use them helps.

Overall, my advice is to play it safe. Riding a motorcycle is risky enough, so be sure to take the steps necessary to protect yourself in case you are ever targeted. Personally, I’ve always felt welcomed in the world and I believe that most people are good. I move through the world with compassion and empathy, but I’m not a sucker who trusts everyone blindly. Being courageous doesn’t mean you don’t experience fear; it is about feeling fear and pushing through it anyways. Motorcycling solo is the perfect opportunity to learn to lean on yourself, to really get to know who you are in those stressful, difficult moments. You’ll cultivate the belief that you can get through anything and gain confidence—along with an extensive collection of adventure stories to share with your friends and family when you get home.

Armored Roland Sands Design gear (Mia Jacket, Julian Pant, Bonnie Gloves), leather boots I can run in if I need to, fixed blade clearly visible, wind in my hair, and the beating drum of nature in my heart. (Janelle Kaz/)

[scootoaster]

How to travel solo, according to an adventurous biker

Traveling alone gives you the opportunity to be completely responsible for yourself, revealing how capable you truly are. Santa Marta, Colombia. (Janelle Kaz/)

This story originally featured on Motorcyclist.

There’s a lot of trepidation before setting out for the open road, leaving behind comfort and the known. This uncertainty can come from heading to a place you’ve never been before, perhaps away from civilization, out of cell service range, or from embarking on a solo journey—especially if you’re a woman.

I should know, I’ve ridden nearly 135,000 kilometers solo in the past five years on three continents. People constantly ask me if I’m afraid, regardless of where I am or how safe the area is perceived to be. While riding in Laos, an extremely peaceful country, an old grandma told me that men might come to slit my throat and steal my motorcycle. Likewise, I’ve had people in the US say something similar, though slightly less graphic. The general consensus is that I shouldn’t be riding alone. Well, to hell with that, I say.

I love riding solo. I adore being able to do whatever I want when I want. I enjoy not having to check in with someone to see if they also want to take this alluring detour or stop here or there to take photos, and I also value meeting myself during the hardest challenges. I’m not interested in following a man around, thank you.

If you wait for others to join you on that motorcycle adventure you’ve been dreaming about, it may never happen. May as well get some practice in. Antioquia, Colombia. (Janelle Kaz/)

I’ve also found that you’re more likely to meet interesting people and find yourself in incredible situations that wouldn’t have happened if you were in your secluded pair or group bubble.

I guess this all started when I planned my first trip abroad. My friends who I had made the travel plans with completely bailed. I was determined (one might say “stubborn”) and went anyway. I haven’t stopped traveling solo since. In fact, I’ve never really traveled with other people for much time, only taking day trips by motorcycle together, never touring. I’m curious what that would even be like.

Curiosity aside, perhaps some of you will benefit from my solo riding safety tips that I’ve gained over the years (and miles), so here they are:

Book ahead

Reserve your accommodations before you arrive. That way you have an address to navigate to so that you don’t have those moments of drawing attention to yourself (or your motorcycle) while looking for a hotel either on foot or riding around. Anytime you can omit looking like a lost, vulnerable tourist is a good thing. That being said, confirm the address before you set out as sometimes they are off (I have some stories to elucidate this but I’ll spare you for now).

Booking ahead isn’t always possible, such as in the remote mountains of Peru where you have no idea how long it will take you to get from point A to point B. I actually found prebooking to be a source of added stress in these situations, because I felt I had to make it there since I already paid for my hotel, when really, it would have been better to take my time and not rush. Therefore, I stopped trying to prebook once I realized I wasn’t sure how far I could make it each day. You can still write down the name and address of your top choice of places to stay so that you have an idea of where you’re headed if you do make it there, and consider looking for a place in a nearer town as well.

How much do you underestimate yourself? The only way to truly know is to push yourself beyond your own perceived limitations. Xiangkhouang, Laos. (Janelle Kaz/)

Fake it

Carry a fake wallet. Fill it with junk papers, business cards, some coins—make it look and feel legit. Keep it somewhere that is easy to hand over if someone ever tried to jump you. Also carry backup info, such as scanned passports and ID cards, but consider what you would do if you lost everything, just so you have an alternative plan and have already thought through it.

Don’t overshare info

Time and place predictability isn’t much of a concern these days by the majority of the population; just have a glance at social media. Don’t share your specific locations either online or in person to anyone who might ask you (such as “Where are you staying?”). This is especially a good call if you’re a woman traveling alone. Stay smart.

Often when people ask me where I’m going along the road, I tell them a different destination. I don’t post about my locations socially until after I’ve left—sometimes weeks after. If I don’t feel comfortable telling people I’m traveling alone, I tell them my boyfriend or friends are right behind me, or that they’re waiting for me just ahead.

Don’t worry, feeling like it's unwise to even attempt a solo motorcycle trip is normal. Thakhek, Laos. (Janelle Kaz/)

Leave a trail

Carry a GPS tracker. There are plenty to choose from these days, such as the Garmin inReach Mini.

Diversity your maps

Carry a variety of maps with you. We are way too dependent on technology these days. Just recently, here in Colombia, my iPhone stopped communicating with satellites to register where I am on the map, even in my off-line maps. Digital navigation really only works when you know where you are in relation to where you’re going. It turns out my specific model of phone was recalled for a motherboard error. I was in the remote mountains of the coffee-growing region, using paper maps and a compass.

Show strength

Carry yourself with confidence. When I walk around in the city or small towns, I walk as if I’m about to kick someone’s ass. It’s about what you wear and how you hold yourself. I am not a large person, but I walk quickly, usually wearing my armored leather jacket and motorcycle boots. I try my best to always look like I know where I’m going, which sometimes takes some planning ahead or ducking out of view to recheck the map. Don’t wear headphones, even if you’re not listening to anything—the appearance of headphones makes it seem like your senses are hindered. If you must, only keep one earbud in. Don’t stare at your phone, be very observant of your surroundings. Do not go out at night to bars alone, or even with newly acquainted locals.

“The place to improve the world is first in one’s own heart and head and hands, and then work outward from there.” <em>—Robert M. Pirsig, <a href="https://ift.tt/3jaGayS and the Art of Motorcycle Maintenance</a></em>, a prerequisite read before you head out on the road. (Janelle Kaz/)

Smile, you’re on camera

Use an affixed helmet camera. Since using Sena’s 10C Pro, I’ve noticed that when I touch it just to turn down the volume around police or nefarious-looking people (like the gunmen outside of the Peruvian jungle who barricaded the road), they notice the camera and they start to act a little more respectful. Because they don’t know, exactly, what this low-profile, side-mount device is—they only see that it has a camera lens on it— they aren’t totally sure where the information is going at that moment. I have certainly seen the benefits of using a helmet-mounted camera which were totally unexpected before setting out on the trip. I think enough people know what a GoPro is that such a square box mounted on your helmet wouldn’t work the same way.

Stay lit

Travel during the day. No need for the added risks that darkness brings. Although sometimes you might unintentionally wind up navigating in the dark, plan your rides for the daylight hours, when our eyes work best.

I’ve always got knives with me—which I mostly use at wonderful, roadside fruit stands like this one. Tungurahua, Ecuador. (Janelle Kaz/)

Carry (legal) weapons

I feel that it is better to have them and not use them than to not have them at all. I always carry mace and a couple of blades with me. I even wear a fixed blade on my belt so that it is clearly visible, as a deterrent. Anyways, the knives are useful for all the delightful roadside fruit stands. I keep the mace in my jacket breast pocket for easy access. If you can’t travel with these defensive tools (if you’re flying with only carry-on luggage, for instance), look into where you can pick something up once you arrive. Keep everything in a consistent place so that you’re never searching for it and can easily find it in the dark.

“In a car you’re always in a compartment, and because you’re used to it you don’t realize that through that car window everything you see is just more TV. You’re a passive observer and it is all moving by you boringly in a frame. On a cycle the frame is gone. You’re completely in contact with it all. You’re in the scene, not just watching it anymore, and the sense of presence is overwhelming.” <em>—Robert M. Pirsig, <a href="https://ift.tt/3jaGayS and the Art of Motorcycle Maintenance</a></em>. (Janelle Kaz/)

Follow cultural norms

Depending on where you are in the world, showing parts of the body that are rather mundane to the Western world, such as your shoulders, can be a big deal. Living and riding in rural, traditional Thailand taught me modesty, because otherwise people perceive you as intentionally being “sexy,” which is not the ideal vibe you want to portray to the general public while navigating on your own.

Weigh the cost

Sometimes I might want to stop and take a photo, but based on the crowd that’s around or the sort of attention I may draw, I choose not to. I’ll never know if those situations would have caused a problem for me or if I would have just ended up with one more epic photo, but something—call it intuition or judgment—told me not to. Get to know that intuitive voice within you and listen to it. It could very well save your life, not just from criminals, but from choosing the right path in terms of your motorcycle journey and in life more generally.

“You look at where you’re going and where you are and it never makes sense, but then you look back at where you’ve been and a pattern seems to emerge.” <em>—Robert M. Pirsig, <a href="https://ift.tt/3j81e9w and the Art of Motorcycle Maintenance: An Inquiry Into Values</a></em>. (Janelle Kaz/)

Prepare for a breakdown

What if you break down? Obviously, the answer is going to depend on your familiarity with how motorcycles work. I personally am not the greatest mechanic, but I’ve learned a lot on the road—when my bike did break down. Thankfully, my older brother is a fantastic mechanic and has essentially talked me through motorcycle maintenance 101 over the phone. Most of the time, the problems have been accumulative; I noticed something was going wrong, the bike didn’t just quit (except that one time in the middle of nowhere, Laos). Therefore, if I couldn’t fix it myself, I’ve mostly ridden my bike to the mechanic…or even walked it there. Definitely carry a few tools and a flat tire kit; knowing how to use them helps.

Overall, my advice is to play it safe. Riding a motorcycle is risky enough, so be sure to take the steps necessary to protect yourself in case you are ever targeted. Personally, I’ve always felt welcomed in the world and I believe that most people are good. I move through the world with compassion and empathy, but I’m not a sucker who trusts everyone blindly. Being courageous doesn’t mean you don’t experience fear; it is about feeling fear and pushing through it anyways. Motorcycling solo is the perfect opportunity to learn to lean on yourself, to really get to know who you are in those stressful, difficult moments. You’ll cultivate the belief that you can get through anything and gain confidence—along with an extensive collection of adventure stories to share with your friends and family when you get home.

Armored Roland Sands Design gear (Mia Jacket, Julian Pant, Bonnie Gloves), leather boots I can run in if I need to, fixed blade clearly visible, wind in my hair, and the beating drum of nature in my heart. (Janelle Kaz/)

[khalilhumam]

Including Immigrants is Good Policy Not Just During the Pandemic, but Afterwards Too

Register at https://mignation.com The Only Social Network for Migrants. #Immigration, #Migration, #Mignation ---

New Post has been published on http://khalilhumam.com/including-immigrants-is-good-policy-not-just-during-the-pandemic-but-afterwards-too/

Including Immigrants is Good Policy Not Just During the Pandemic, but Afterwards Too

COVID-19 is amplifying the exclusion of immigrants around the world, including refugees, migrant workers, and undocumented communities. Immigrants have been excluded from accessing healthcare in Iran and Lebanon, scapegoated in Italy, and arrested en masse in Malaysia. Deportations continue—including at least 186 Guatemalans from the United States who later tested positive for the coronavirus—while other migrants have been stranded in the Persian Gulf and across Africa. New immigration has fallen sharply, as countries have closed their borders even to those seeking asylum. In some cases, however, countries have taken a decidedly different approach by including existing immigrant communities in their pandemic response. Several governments have expedited certifications for foreign-born healthcare workers, extended healthcare access to immigrants populations, and, in a few cases, provided for immigrant participation in domestic social safety net programs. Amidst the pandemic, inclusion is both the moral approach and essential to a robust and effective response that protects citizens. Singapore provides a cautionary tale. During the country's widely celebrated initial efforts to manage the disease, the government largely excluded migrant workers from its response, which contributed to a second wave of cases and required a subsequent nationwide lockdown. Inclusive policy changes spurred by COVID-19 have so far been limited and temporary, but as governments chart a path to recovery, immigrants and citizens alike would benefit from their extension well beyond the pandemic. This blog highlights two areas—access to the labor market and healthcare—where pandemic-related inclusive responses for immigrants should continue, expand, and pave the way for long-run positive change. Inclusive policy changes spurred by COVID-19 have so far been limited and temporary, but as governments chart a path to recovery, immigrants and citizens alike would benefit from their extension well beyond the pandemic.

Labor Market Access

In nearly all countries, immigrants face employment restrictions, including the majority of refugees and asylum seekers, those holding visas that limit work, and those who are undocumented. Healthcare workers are no exception; trained doctors and nurses are often compelled to wait for an asylum decision to pursue employment, forced into informal practice, or pushed out of the medical field entirely. Even during the pandemic, some of these barriers remain, and others have been added. In the United States, for example, residency requirements have prevented foreign doctors from practicing where they are needed, and asylum seekers will soon be denied work authorizations for one year.

Inclusive Policy During COVID-19

Some governments, however, are recognizing the important potential of migrants during COVID-19 and allowing more immigrants to work, especially in essential industries. Portugal has granted the right to work to all with pending immigration applications. Ireland, Germany, France, the United Kingdom, Spain, Australia, Colombia, Chile, and Argentina have fast-tracked authorizations for trained healthcare workers, many of whom are refugees awaiting asylum decisions. Outside of healthcare, Italy is granting six-month, renewable permits for undocumented farm and home care workers to continue in jobs that policymakers worry would otherwise go unfilled. In the United States, where more than half of farmworkers are undocumented, the Department of Homeland Security has issued letters for undocumented immigrants to carry noting their "critical" role, without directly addressing contradictions in policy.

Short- and long-run positive impacts

Temporary measures granting immigrants greater labor market access in essential sectors should be made permanent. Farm work is a critical job that most citizens of high-income countries will not do, at least at wages that allow farmers to stay in business. Similarly, even before COVID-19, half of all countries were facing a shortage of healthcare workers. Turkey provides one model of inclusion, integrating Syrian medical professionals into the health workforce before the pandemic, and our CGD colleagues have proposed additional solutions to the shortage. The current attention on immigrants in essential industries is an opportunity to highlight the need for labor market access more broadly. A substantial body of evidence indicates that access for immigrants across a range of industries benefits both citizens and immigrants on net. The current attention on immigrants in essential industries is an opportunity to highlight the need for labor market access more broadly. A substantial body of evidence indicates that access for immigrants across a range of industries benefits both citizens and immigrants on net. Tweet This In the United States, previous reforms to legalize undocumented immigrants raised wages for immigrants, and similar initiatives today are projected to raise average incomes of Americans. (Meanwhile, deporting undocumented immigrants—at significant expense—reduces employment for Americans.) In Europe, removing initial bans on employment for asylum seekers would improve their long-run outcomes and save taxpayers millions of euros by increasing tax revenue and lowering welfare expenditures. In Kenya, the World Bank estimates that full economic integration of refugees in Turkana would increase per capita incomes of hosts by 6 percent. The effects, however, depend on the context and precise policies. In a forthcoming paper on Colombia, Dany Bahar, Ana María Ibáñez, and Sandra Rozo find that granting job permits to 442,000 undocumented Venezuelan migrants had no significant effects on labor market outcomes for either Colombians or Venezuelans. The global recession, often used to justify exclusionary policy, actually magnifies the value and importance of labor market access. The mechanisms that drive these net benefits—business and job creation, occupational upgrading and differentiation, increased productivity, a multiplier effect, and minimal crowd-out, among others—have been demonstrated across a range of settings and unemployment rates, including the Great Depression. Inclusive policies would therefore contribute to a faster recovery and should be considered part of the necessary stimulus. We at the Center for Global Development, along with colleagues at Refugees International, are expanding our work on labor market access for refugees in low- and middle-income countries, so continue to watch this space for further discussion and policy ideas.

Access to healthcare

Thailand and Spain are two of the only countries that offer full access to healthcare regardless of immigration status. While many countries provide immigrants some access to publicly provided healthcare, health service provision is usually subject to "limitations related to legal status." Even where migrant workers and refugees have legal rights, administrative and financial barriers to access health services are significant. Insurance coverage is often linked to employment, excluding those without formal status or those working in the informal sector. Displaced populations may be asked to cover prohibitively high user fees despite official policies mandating free care, while migrant health workers in the UK still have to pay to access NHS services. Additionally, a 2018 analysis found only three of twenty-one randomly selected pandemic influenza preparedness plans in low- and middle-income countries "identified at least one migrant group within their respective national plans." Several of these barriers persist during COVID-19.

Inclusive Policy During COVID-19

However, the pandemic has also spurred a few countries to temporarily extend healthcare services to immigrants. For example, Portugal has extended access to its national health service to those with pending immigration applications. Israel announced that asylum seekers with coronavirus would be treated as citizens "for lack of choice." In the United States, immigration authorities have stated they would not conduct enforcement operations at or near healthcare facilities, although other measures like continued deportations and detentions undermine efforts to encourage undocumented immigrants to seek care. Before the first cases of COVID-19 were reported among Rohingya refugees in Bangladesh, the Ministry of Health had begun to develop a preparedness and response plan in coordination with UN agencies. In Thailand, USAID and UNICEF are partnering with the government to provide information on health and hygiene practices to migrant communities, in addition to psychosocial support and other social services.

Short- and long-run positive impacts

In both the short- and long-term, continuing to expand healthcare access for all immigrants is critical. In addition to compelling rights-based arguments, inclusive healthcare policies will have positive spillovers for citizens. In the short term, slowing the spread of COVID-19 among immigrants clearly helps protect both immigrants and citizens. This principle extends to other communicable diseases as well. Sufficient vaccination coverage among refugees and citizens alike is essential to attain—and sustain—herd immunity in order to prevent outbreaks of measles, cholera, and other vaccine-preventable diseases. In both the short- and long-term, continuing to expand healthcare access for all immigrants is critical. In addition to compelling rights-based arguments, inclusive healthcare policies will have positive spillovers for citizens. Tweet This Inclusive policies also yield economic benefits. For example, extending primary healthcare services can result in direct cost-savings for the health system by avoiding more costly hospital-based treatment at later stages. Similarly, access to prenatal and preventive care for undocumented mothers in the United States can significantly improve the health of their American babies. Understandably, it may be politically difficult for governments to enact these policy changes and financially challenging to expand healthcare coverage. This is especially true in low- and middle-income countries where the majority of the world's displaced population lives. Citizens may themselves have limited access, health systems may be overstretched, and public budgets face enormous fiscal constraints. Accordingly, the international community has an important role to play in supporting immigrants' health needs and protecting the most vulnerable communities. Funders should support the Global Humanitarian Response Plan for COVID-19—currently funded at 20 percent—and press for this money to reach frontline organizations faster. Where feasible, donors should look to incentivize inclusion both in the short and long run, including through compact models.

Moving Forward

While COVID-19 has spurred some expansion of access to certain labor markets and healthcare services, critical policy gaps remain. In the short term, countries must establish permanent firewalls between health information systems and immigration enforcement to encourage undocumented immigrants to seek care. Countries should safely re-open to asylum seekers and now immigrants, especially as testing becomes more readily available. Following the lead of Portugal, Spain, Ireland, and California, governments should expand social protection programs to include migrants and work to make benefits portable. Greece, Libya, the United States, and other countries must immediately release the thousands of people in detention for immigration offenses. In the long term, the benefits of inclusive policies extend well beyond the outcomes discussed here. Documentation has reduced dropouts from high school, hit-and-runs, thefts and robberies, childhood mental illness, and other issues that affect citizens directly, while of course allowing immigrant families to live a more comfortable, secure life. The limited inclusive policies emerging during COVID-19 hopefully provide an opening to realize these benefits over the long term and enact permanent, positive change. We appreciate helpful comments from Kalipso Chalkidou, Michael Clemens, Erin Collinson, and Helen Dempster.

[andrewdburton]

How adopting two girls changed my money mindset

I’ll never forget the moment I got the text message from my wife: “Do you want to adopt two girls?��

I was at work. We'd been exploring adoption for the previous year but had hit some roadblocks. Adoption wasn’t really on my radar anymore, and we had never discussed adopting more than one child.

And if I’m being honest? Girls weren’t really on my radar either. We have two biological sons, and I thought one more boy would be nice. Adopting two girls wasn’t part of the plan.

But my response? “Sure.”

At that moment, regardless of my preconceived thoughts and dreams, I knew I was supposed to say yes. I felt it inside of me. I'm glad I did.

Our Adoption Story

Our adoption story is unique. All adoption stories are unique. No adoption is normal.

As I mentioned, we have two biological boys. They're pretty cool — most of the time. At the start of our adoption journey, they were ages five and two. The girls were ages eight and five.

We live in Ohio. The girls were from Florida. The eldest was born in Thailand (where their biological mom used to live) and the youngest was born in Florida, where their dad resided.

Their family suffered a couple of major health tragedies so that their parents were no longer able to care for them. They feared the girls would be taken away and put in the foster care system — possibly separated. As much as they didn’t want to lose them, they wanted to find a good family that would adopt them both so they could stay together.

I have so much respect for their parents and what they did for their girls, knowing it was probably the hardest decision they ever had to make. It turned out to be a smart decision. Both parents have now passed away.

Anyhow, the girls had come to visit cousins in Ohio for the summer. My wife, who is a teacher, heard about the girls' story through a colleague. It was then that she sent me the text message.

Adoption Costs

Because we didn't adopt through an agency or through overseas, our adoption costs paled in comparison to what many families pay. (This is another way in which our story is unique.) >We had costs associated with our home study as well as going through an adoption attorney in Florida.

What's a “home study”? Great question! A home study is one of the most important parts of the adoption process. They're required for almost every adoption.

A home study is just what it sounds like: a study of your life to assess if your family will provide a stable environment for adopted children. Home studies vary depending on the agency involved. Our home study included a criminal background check, interviews, references, training classes, a look at our finances, and a home inspection.

Shortly after gaining legal custody of the girls, we moved to a bigger house. We needed more room for our large family. For our home study, we had to update some of our house to meet safety standards. This included tasks like updating electrical outlets, installing new carbon monoxide detectors, and posting emergency contact info.

The average cost to use an adoption agency is $43,000. (Some agencies charge a sliding scale based on income.) An independent adoption through an adoption attorney can save families a few thousand dollars.

As you might expect, the cost of adoption can vary based on the child's home country. Adopting from China costs an average of $36,000. Adopting from South Korea costs an average of $48,000. It all depends on airfare, how much time you spend in the country, and the fees the country charges for adoption.

Some of these costs can be defrayed by government tax credits, but it's still a lot of money.

I wish the cost of adoption wasn’t such a roadblock or deterrent for adopting children, but often that’s the case. I've heard some crazy stories. We were fortunate to receive help from many people, which helped defray our adoption costs.

In the United States, about 428,000 children per year are placed into foster care. About 135,000 children per year are adopted.

Two Plus Two Doesn’t Always Equal Four

Caring for a child is expensive, even if you're frugal. Because we already had two children, we understood that the real cost of adoption would come after the girls became part of our family. This wasn't simply a matter of adding two more mouths to feed, two more children to clothe.

When you go from two to four kids, you don't just double costs. For us, it was way more than that.

It started with our cars. We couldn’t fit our newly-expanded family into our vehicles anymore! We had to purchase a minivan.

Plus, we'd already planned a huge family vacation with extended family for that summer. After just two weeks in our home, the girls joined us for that trip. The rented house at the beach had space, but we hadn't considered the hotels to and from our destination. Most hotels aren't set up for a family of six.

In fact, few things in this world are set up for a family of six!

That was just the beginning. Our family finances grew in many areas, including:

Clothing

Groceries

Education

Housing (we needed a bigger house!)

Medical bills and insurance

The increased costs that came from adoption weren't just financial. All four of our kids needed individual attention. Each had very different physical, emotional, and educational needs. It was a lot to learn on the fly.

And our oldest son, who had been first in the birth order, now found himself third. That was a tough transition.

A Change in Our Financial Mindset

When I was younger, my dad took me on a camping trip. He and I visited several pro baseball ballparks. We also spent a day at Hershey Park in Hershey, Pennsylvania, where we toured the chocolate factory and rode roller coasters.

I didn’t realize it at the time, but that trip had a profound effect on me. It helped shape the way I view life and my role in the world. Now that I'm a father myself, I want to provide my wife and children with unique experiences that might help shape the way they view life and their roles in this world.

While this is a great goal, adding two more kids to our family makes the task much harder. As our family dynamic changed, so did our spending habits. Everything financial became tougher.

We had more food and clothes to buy.

We had more school, sports, and activity fees to pay.

We had more needs, which meant we had less money for our wants.

Until this point, I'd only given token attention to considerations like retirement, 401(k) accounts, college funds, and investing for the future. We weren’t broke and we weren’t living paycheck to paycheck. But we weren't really prepared for the future either.

As I began to take a more active role in our family’s financial future, my passion for learning kicked in. I read books and blogs, listened to podcasts, and managed our money more closely. I was constantly looking for ways to save, cut expenses, and get rid of debt.

I still wanted to find ways to provide great experiences for my family, though, and that led me to discover the world of credit card rewards. I was able to earn enough points and miles for a nearly-free week-long trip to Universal Studios in Florida!

New Opportunities

After a while, I realized that cutting expenses can save you money, but that only takes you so far. If you want to save more money, you need to earn more money.

I’ve always had an entrepreneurial spirit. I’ve wanted to start my own side business for as long as I can remember. Because I love speaking, I thought I could do that as a second career. I took an online course on how to start a speaking business and was super psyched to get started. The problem is that I have a full-time day job and most speaking gigs conflict with that. I wasn’t ready to make that sacrifice. There had to be another way.

I’ve had a passion for writing since I was a kid. Because I was learning so much about personal finance and budget travel, I decided that maybe I could write about that in my spare time. With four kids, spare time is a precious commodity! But I managed to steal a few minutes here and there. That’s when Family Money Adventure was born.

Great! I had my own website…but I wasn’t making any money. A side gig isn't very good if it doesn't give you extra income, right?

I was already a fan of Holly and Greg Johnson at Club Thrifty. When Holly launched her course on earning money through freelance writing, I thought this could be my way to create some extra income for my family.

I signed up immediately and got to work. I continued to write for Family Money Adventure, secured some guest posts (including this one!), and took some low-paying gigs to build a portfolio. From there, I’ve been able to slowly build my writing business, develop steady recurring writing gigs, and land higher paying writing jobs.

Note: Holly was a regular staff writer here at Get Rich Slowly for several yeas. In fact, she has 77 GRS articles to her credit, making her one of the site's all-time top contributors.

The Sky's the Limit

Today, I still work full-time but I’m building my side business. I wake early to write before my workday begins, and I often stay up late to finish assignments. I’m still able to spend quality time with my wife and kids. I even coach my son’s basketball team!

Yes, expanding our family meant making sacrifices. But I’m happy to make these sacrifices if it means moving toward a more secure future. I want my wife and kids — all four of them — to know that they can find success in whatever they're passionate about if they put in the work. For me, it’s worth the late nights and sacrifice.

I didn’t know it at the time, but adopting two daughters was a catalyst that would start a new adventure. Without them, I don’t think I'd have felt the urgency to make financial changes. I was too complacent. I never would have learned to save. We never would have become more intentional with our finances. I never would have pursued writing — for Family Money Adventure or for freelance clients.

More importantly, if we hadn't adopted our two girls, we would have missed out on meeting two of the most special people on the planet. Our family wouldn’t have been complete.

The post How adopting two girls changed my money mindset appeared first on Get Rich Slowly.

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International Trade and Finance

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INTRODUCTION The explosive growth of international financial transactions and capital flows is one of the most far-reaching economic developments of the late 20th century. Net private capital flows to developing countries tripled – to more than US$150 billion a year during 1995 to 1997 from roughly US$50 billion a year during 1987 to 1989. At the same time, the ratio of private capital flows to domestic investment in developing countries increased to 20% in 1996 from only 3% in 1990. Hence, this has effected a shift from the national economy to global economies in which production and consumption is internationalised and capital flow freely and instantly across borders.

Powerful forces have driven the rapid growth of international capital flows, including the trend in both industrial and developing countries towards economic liberalization and the globalisation of trade. Revolutionary changes in information and communications technologies have transformed the financial services industry worldwide. Computer links enable investors to access information on asset prices at minimal cost on a real time basis, while increased computing power enables them to rapidly circulate correlations among asset prices and between asset prices and other variables. At the same time, new technologies make it increasingly difficult for governments to control either inward or outward international capital flows when they wish to do so.

In this context, perhaps financial markets are best understood as networks and global markets as networks of different markets linked through hubs or financial centres.

All this means that the liberalisation of capital markets and with it, likely increases in the volume and volatility of international capital flows is an ongoing, and to some extent, irreversible process.

It has contributed to higher investment, faster growth and rising living standards. But this can also give rise to shocks and stresses resulting in financial crisis as we have all witnessed in 1997 and 1998.

Testimonies to the risks of open capital markets are the several waves of instability in the financial markets in early 1998 and again in the wake of the Russian crisis in August/September 1998. To illustrate, net private capital outflows from the five countries most affected by the crisis, namely, Indonesia, Korea, Malaysia, Thailand and the Philippines rose to US $28.3 billion in 1998, reflecting mainly the decline in net bank and non-bank lending. Meanwhile, foreign direct investment which had been one of the main sources of growth during the pre-crisis period in these countries remained sluggish in 1998, amounting to US$8.5 billion as compared to an average amount of US$17.8 billion during the period 1995 to 1995.

Global trade has experienced a slowdown over the past two years due to trade contraction of East Asian economies. Generally, world GDP and trade growth slowed in the past 1997/1998 as the East Asian crisis deepened and its repercussion were felt increasingly outside the region. Asia recorded the strongest import and export contraction in volume and value terms of all regions of the world. The dollar value of Asia’s imports registered an unprecedented decline of 17.5%. The five Asian countries most affected by the financial crisis that broke in mid-1997, that is, Malaysia, Indonesia, Philippines, the Republic of Korea and Thailand experienced import contraction by one-third.

In the context of these powerful trends, I like to discuss a few significant the issues relating to them, particularly from a capital market regulator’s perspective. Given the breadth of the topic at hand, and in the interest of keeping to time, please allow me to focus particularly on current trends and difficulties faced in the capital markets.

DEVELOPMENTS IN ELECTRONIC COMMERCE AND CAPITAL MARKET REGULATION Developments in computer and information technology have made dramatic changes to the way the financial services industry operates. These changes are affecting and will affect every aspect of the financial services industry and offer the possibility of reduced costs in raising capital, greater efficiencies in the mobilisation of domestic and international savings and the provision of better, cheaper investment products more closely tailored to the needs of different investor segments. The convergence of computer and communications technology is promoting the development of computer mediated networks, allowing for users to communicate and transmit data and other information regardless of boundaries and distance. As communication costs continue to fall, the potential of outsourcing grows.

These changes will affect –

The way investment products are offered, distributed and marketed and the way in which investors access information about the products and entities involved;

The activities of financial services intermediaries, especially advisers, and the way they deal with investors;

The continued blurring of product and institutional boundaries, and even the scope of financial services sector itself as non-traditional entities take on some of the functions of financial intermediaries;

The methods of distribution and marketing of investment products which will increasingly draw upon the techniques of mass marketed consumer products; and

The way secondary trading in investment products takes place as greater scope for direct investor transactions and low cost competitors to established securities and futures markets becomes more of a reality.

Just as electronic commerce affects investors and providers of financial products and services, it will affect the role of corporations and capital market regulators. Just as electronic commerce facilitates activities across jurisdictional borders, it poses in clear terms questions about the practical enforceability of national laws. As well as practical enforcement questions, electronic commerce also raises issues about the role that capital market regulators should play and the effectiveness of many of the traditional regulatory approaches and mechanisms that have been employed by them. An example might be an offering of securities made without a prospectus or registration statement on the Internet by a person in a jurisdiction with which the capital market regulator has no regular contact or mutual enforcement arrangements. There are also concerns about illegal and fraudulent activity on the Internet.

In this regard, the Malaysian position is that it is committed towards a structured development of electronic commerce. Towards this end, Malaysia has proposed to introduce a National E-Commerce Masterplan. This Masterplan should focus on key initiatives which will create momentum in trading via e-commerce. Besides looking at developing the technological infrastructure such as telecommunications infrastructure and systems providing for electronic delivery of goods as well as payment, the Government is also aware that there are legal and regulatory issues which will arise with regard to e-commerce. Malaysia has introduced several sets of laws catered towards proper regulation of e-commerce known as ‘Cyberlaws’. The Cyberlaws which have been introduced include, among others :

(i) Computer Crimes Act 1997

This Act provides for a framework to counter computer offences such as unauthorised access to computer material, crimes of fraud and dishonesty through the computer, unauthorised modification of contents of a computer and so on. The Act is not limited by jurisdiction. It has effect outside as well as inside Malaysia. Where a computer crime is committed outside Malaysia in respect of computers or data in Malaysia or that which may be connected to or used in Malaysia, the crime may be treated as a crime within Malaysia and the perpetrator may be dealt with under the provisions of this Act; and

(ii) Digital Signatures Act 1997

This Act addresses issues of security and authenticity of electronic transactions and it allows for greater confidentiality and integrity of messages. It allows for businesses to use electronic signatures instead of hand-written counterparts in legal and business transactions. The Act provides for the treatment of document signed with a digital signature created in accordance with this Act to be treated as legally binding as if the document was signed with a handwritten signature.

The development of an effective regulatory framework is essential in attracting and maintaining confidence for the world in trading with Malaysian counterparts via electronic means. The regulatory framework as it stands is currently incomplete as many other areas such as electronic banking and broking are still in the process of development.

To instil confidence, Malaysia must be able to provide for regulatory certainty and coherence as well as prevent regulatory capriciousness. In relation to financial services, a major consideration is cross-border implications. The Securities Commission, as an example, is currently looking at issues relating to Internet offering of securities and fund management and broking services over the Internet. A re-examination of current laws would need to be conducted to ensure that they have not been overtaken by technology and to restructure the laws so that they are technology neutral.

As far as the capital market is concerned, the Securities Commission recognises that electronic commerce is an area where it is important that the regulatory infrastructure responds in a positive and timely way to facilitate market developments and not hinder innovation in market products and processes. We believe that there are important benefits to be gained through the Commission’s facilitation of market developments in this area for the competitiveness of the Malaysian capital market, efficiencies in the operation of our capital markets and the better making of investors at lower cost. At the same time, the Securities Commission considers that it is important for the successful implementation of electronic commerce that investors retain confidence in the integrity of the market for investment products.

LIBERALISATION VS. PROTECTIONISM

On the issue of liberalisation vis-à-vis protectionism, there has been a proliferation of multi-lateral trade agreements since the middle of the century. Such agreements provide for a framework of rules within which nations are ‘obligated’ to assure other nations signatory to the agreement of a sovereign’s approach towards international trade. For example, Malaysia is a member of, among others, the World Trade Organisation through which it is a signatory to the GATS (General Agreement on Trade in Services) and GATT (General Agreement on Tariffs in Trade), APEC as well as ASEAN, all of which have the objective of achieving liberalised trading of goods and services within specified, albeit not immediate, time frames. Through these trade blocs, Malaysia has committed itself to progressive liberalisation which essentially entails a gradual opening of the economy to foreign participants.

The globalisation of economies is intrinsically linked to the internationalisation of the services industry. It plays a fundamental role in the growing interdependence of markets and production across nations. Information technology has further expanded the scope of tradability of this industry. Access to efficient services matters not only because it creates new potential for export but also it will be an increasingly important determinant of economic productivity and competitiveness. The main thrusts of the ‘services revolution’ are the rapid expansion of the knowledge-based services such as professional and technical services, banking and insurance, healthcare and education. Responding to this phenomenon, regulatory barriers to entry in service industries are being reduced worldwide, either through unilateral reforms, reciprocal negotiation or multilateral agreements. Developing countries such as Malaysia are increasingly looking at foreign direct investment in services as an especially powerful means of transferring technical and managerial know-how, besides attracting foreign capital and investment to the country.

Malaysia has made a commitment under GATS under legal services covering advisory and consultancy services relating to home country laws, international law and offshore corporation laws of Malaysia. Under the GATS commitments, commercial presence of foreign legal firms is not available except in relation to the Federal Territory of Labuan and in such a case, their services are limited to legal services given to offshore corporations established in Labuan. However, there are no limitations placed on the provision of legal service cross-border, that is, provision of such service from a foreigner without having a legal presence in Malaysia. This may be done via fax, telephone or the Internet. As stated before, most aspects of legal services does not need the physical presence of the service provider except perhaps where a court appearance is necessary. Furthermore, a Malaysian may obtain legal services abroad without any limitation either.

Malaysia is also signatory to the ASEAN Framework Agreement on Trade in Services (AFAS). The AFAS is an agreement made within the auspices of the GATS. In very basic terms, commitments under AFAS are GATS-plus which means that liberalisation of trade is accelerated within the ASEAN region under the AFAS as compared to the world at large under GATS. Its ultimate aim is to achieve regional integration and free flow of services within the region. In achieving integration and free flow of services within the region, many issues would need to be ironed out. Issues such as harmonisation of professional standards, acceptable levels of accreditation between member countries, movement of labour in relation to provision of these services, licensing and certification of service suppliers are still under intense discussion within the Member Countries. Taking into account the different levels of economic and regulatory maturity of Member Countries within the ASEAN, it is understandable that it would be a long process of consultation before a consensus may be achieved.

LIBERALISATION OF CAPITAL ACCOUNT

A most obvious impact of globalisation of trade are pressures exerted on developing nations to liberalise their financial markets and capital accounts. However, it is important to recognise that domestic and international financial liberalisation heighten the risk of crises if not supported by prudential supervision and regulation and appropriate macroeconomic policies. Domestic liberalisation, by intensifying competition in the financial sector, removes a cushion protecting intermediaries from the consequences of bad loan and management practices. It can allow domestic financial institutions to expand risky activities at rates that far exceed their capacity to manage them. By allowing domestic financial institutions access to complex derivative instruments it can make evaluating bank balance sheets more difficult and stretch the capacity of regulators to monitor risks. External financial liberalisation in allowing foreign entry into the domestic financial markets may facilitate easy access to an abundant supply of offshore funding and risky foreign investments. A currency crisis or unexpected devaluation (such as in the Asian crisis) can undermine the solvency of banks and corporations which may have built up large liabilities denominated in foreign currency and are unprotected against foreign exchange rate changes.

The ideal free market is one that every one should be free to enter, to participate in and to leave. However, events in the recent financial crises have led many of us to believe that in the freest of markets, there is a need to ensure that free flow of capital does not destabilise the market itself.

Indeed, calls for reform have gained increasing support and credence within the international community with the unfolding of the devastating effects of the crisis beginning mid-1997. The SC’s work within IOSCO’s Emerging Markets Committee has drawn attention to fundamental weaknesses in the existing global financial infrastructure that have caused and exacerbated these effects. These weaknesses include the inordinate power of highly leveraged institutions to move markets, the destabilising force of volatile short-term capital flows and the failure of existing credit assessment systems to adequately inform market participants of increasing risk of default.

One example of this mounting consensus was the express recognition by G7 countries at their recent meeting in Cologne of the need to strengthen the international financial architecture.

There are now increasing calls for greater transparency and regulation of hedge funds and greater awareness of the dangers of volatile short-term capital flows. To rebuild East Asia and the global economy, we now urgently need to engage in a sincere discussion about what constitutes sound governance in the contemporary world.

On the domestic front, we would have to ask ourselves this question: has our financial markets kept pace with change? Whilst markets have become global, applicable rules and regulations remain predominantly parochial or local. From a regulator’s perspective, the challenge for us in a global market is to design the regulatory and structural framework which will allow the market to function efficiently, competitively in a fair and level playing field environment, ensuring at the same time that the market is not subject to highly concentrated or destabilising forces that would disrupt its functioning.

The recent crisis also shows up the need for a careful and sequenced approach towards liberalising a country’s capital account. The experiences of Thailand, Korea and Indonesia clearly tells us that there is no prescribed formula on sequencing. However, it is important to recognise that countries vary greatly in their levels of economic and financial development, in their institutional structures, in their legal systems and business practices, and their capacity to manage change in a host of areas relevant for financial liberalisation. It is in recognition of this that the IMF policy-setting committee and subsequently the Finance Ministers and central bank governors of the G7 industrial nations, in the fall of 1998, stressed that a country opening its capital account must do so in an orderly, gradual and well sequenced manner.

Issues of liberalisation versus protectionism would need to be considered at great length to ensure that a country is competitive in a global trading environment. In a developing nation such as Malaysia, a protectionist policy towards local financial services industry and industry participants have been adopted to assist the local industry to develop to international standards. In the area of financial services, for example, the Government’s stance has been that consolidation of local financial services providers is necessary to ensure the development of a core group of strong and stable financial institutions to be able to withstand international competition when the financial services markets are opened to international participants.

Indeed, the Malaysian experience clearly shows that a premature freeing up of the capital account, which was done in 1988, without the requisite reforms and institutional arrangements in order to withstand the shocks, can result in debilitating effects as was faced in the Malaysian financial services industry.

MALAYSIA'S EXPERIENCE

Perhaps the most important lesson learnt from the Asian financial crisis was the interdependence of financial markets. Even the most developed economies were not spared of the effects of the financial turmoil which began as a result of Thailand’s default on its eurobond issue in February 1997. By May, 1997, the Malaysian Ringgit was under severe pressure from currency speculators and interest rates had risen from between 7% to 9%. It was reported that Bank Negara Malaysia expended about RM1.2 billion of its foreign exchange reserves to try to stave off the attack of currency speculators. However, this was the first of many repeated attacks on the currency.

The effects of the currency crisis began to take its toll on the country in 1998. Interest rates were rising to above 11% and the Ringgit had dipped to an unprecedented low of RM4.71 in January, 1998. All sectors of the economy experienced severe contraction as access to liquidity and credit became more scarce. Bank Negara had made many attempts to quell the effects of the financial crisis through imposition of tight monetary policies and attempts to ease credit to certain sectors of the economy to no avail. But the avalanche would not stop.

Malaysia’s sovereign credit rating was downgraded by international rating agencies to just above so-called junk bond status. Malaysia was facing a serious credit squeeze. Raising international capital was prohibitively costly. Flight of capital from the country resulted in a sharp decline in the stock market which fell to levels of 250 before bottoming out in the second half of 1998.

As many of you are aware Malaysia’s response to the crisis was one that was totally unexpected by the global community. The Government decided that it needed to protect the economy from increasing global pressures on the Malaysian economy. On 1 September, 1998 the Government introduced selective exchange controls with the intention of curbing and preventing further manipulation and speculation on the Ringgit. The Ringgit was pegged at RM3.80. The Government took further measures to discourage short-term flows of money by requiring that inflow of funds should remain in the country for at least one year. On 15 February 1999, this was replaced with an exit levy for repatriation of capital. The selective exchange control measures imposed by the central bank on 1 September, 1998 were directed towards reducing the internationalisation of the Ringgit by eliminating access to Ringgit by speculators and reducing offshore trading of the Ringgit. This involved the introduction of rules relating to the external account transactions of non-residents and currency of settlement of trade transactions. However, general payments, including movement of funds relating to long-term investments and repatriation of profits, interest and dividends remain unaffected. Payment for the import of goods and services must be made in foreign currency. All export proceeds must be repatriated back to Malaysia within six months of the date of export and proceeds from exports must be received in foreign currency.

The selective exchange control regime is intended to provide the time and opportunity for the Government to institute the necessary financial reforms in the Malaysian financial markets. This is in fact in progress in the work of Danamodal (the equivalent of the Resolution Trust Corporation of the US) to alleviate non-performing loan from banks’ balance sheets and Danamodal which is to recapitalise the banks. The Government is also committed to consolidating the domestic financial services industry in having few but strong and viable financial services providers in order to be prepared for financial liberalisation.

GIVING CERTAINTY TO INTERNATIONAL FINANCIAL TRANSACTIONS AND PROTECTION TO FOREIGN INVESTMENTS

International trade and finance, because of its global nature, necessarily involves many areas which may give rise to uncertainty as to the applicability of the contract under which certain trade and financing arrangements are made. These areas range from political issues and political stability to sovereign intervention of the economy, certainty of applicable laws as well as independence of the judiciary.

The Asian lawyer will be fascinated by the rapid changes which are taking place in foreign investment law both within this region as well as in the rest of the world. In less than half a century, the states of Asia have moved through a whole range of stances which could be adopted towards foreign investment. The immediate post-colonial period was characterised by a period of hostility towards foreign investment, motivated by the belief that the ending of economic imperialism alone will bring about true independence. The ensuing period was dominated by a debate about the regulation of multinational corporations and the fear that they posed a threat to state sovereignty. In this period, laws were devised to control the entry of foreign investment and the manner in which such foreign investment operated in the host country after entry. The third and present period is a period of pragmatism where the dominant view is that foreign investment, if properly harnessed, can be an instrument which generates rapid economic development. Competition for the limited investment that is available means that each state country which is bent on a foreign investment led growth strategy must make its laws as hospitable to the foreign investor as the other state which is also bent on a similar strategy.

As much as there is competition among countries to attract foreign investment, there is competition among multinational corporations to enter host countries. Whereas previously the market was dominated by large multinationals, now, there are small and medium enterprises which can transfer more appropriate technology and bring sufficient assets for investment.

This “open door” policy towards foreign investment in developing countries is typically achieved through careful screening of entry by administrative agencies which have been established for the purpose and regulation of the process of foreign investment after entry has been made. After entry, there is continued surveillance of the foreign investment to ensure that the foreign investment keeps to the conditions upon which entry was permitted. In this regard, attitudes to foreign investment protection and dispute resolution will be affected by the new strategies adopted towards foreign investment.

In the context of the new strategies which have been developed by controlling entry and the later surveillance of operations of foreign investment, the foreign investment has ceased to be a contract based matter and had become a process initiated by a contract no doubt but controlled at every point through the public law machinery of the state. The old notions of foreign investment protection which concentrated on the making of the contract and the contract as the basis of all rights of the foreign investor would inevitably become obsolete. This transformation which has taken place is crucial to the devising of effective methods of foreign investment protection. The subject matter of the protection has also changed in that not only physical assets of the foreign investor but his intangible assets which includes intellectual property rights as well as public law rights to licences and privileges have become the subject of protection.

The proposition that contractual provisions in an agreement concluded with a host country offer little protection to foreign investment must be qualified in a situation when a bilateral investment treaty has been entered between the state of the foreign investor and the host country. The result will be different, for the contract becomes effectively internationalised as a result of the existence of such a treaty. It is a basic proposition of international law that any matter that is essentially within the domestic jurisdiction of any state could be internationalised if it is made the subject of an international treaty. The existence of a bilateral investment treaty which covers the foreign investment then internationalises the whole process of foreign investment which would otherwise have been a process that takes place entirely within the sovereign jurisdiction of the host state. But, whether this result will follow depends on the terms of the bilateral investment treaty.

As a matter of general international law, the position seem to be that a contract between a party and host country must always be subject to a national legal system. Those who seek to prove the contrary have an onerous task of showing that his accepted proposition has undergone a change. There are a few usually uncontested arbitral awards which support the view that a foreign investment contract is subject to international law or some other supranational system.

Bilateral investment treaties are obviously regarded as important by both capital exporting and capital importing states. But, these treaties are not uniform and they do not have the ability to create any uniform law on foreign investment protection. But their existence adds to investor confidence and creates an expectation of investor protection. The importance of these treaties lies in the several results they achieve. The first is a signaling function about the national policy towards foreign investment.

Another advantage is that the foreign investment contract in the context of a bilateral investment treaties could have the effect of forming assets protected by the bilateral investment treaties. This will also include licences and other advantages obtained from the government during the course of the foreign investment. Whereas without the bilateral investment treaty these licences and advantages may have been without protection under general international law, they new receive protection as a result of the wide definition of property in the bilateral investment treaty. Whether the host country did intend that its administrative decisions be subjected to international review as a result of the treaty, will remain a moot point. But, it remains a possible result if the treaty.

In Malaysia, efforts have been made by the Government to ensure a level of certainty between international trading partners trading with Malaysian counterparts. The Government has expressly guaranteed that foreign companies acquiring equity participation in local companies would not be required to restructure its equity at any time[1]. Further to this, the Government has taken many steps to increase confidence of foreign investors in Malaysia.

INVESTMENT GUARANTEE AGREEMENTS (IGA”)

The Investment Guarantee Agreement protects parties involved in an international transaction from non-commercial risks such as nationalisation and expropriation. The IGA will provide a foreign investor with the following :

protection against nationalisation and expropriation;

prompt and adequate compensation in the event of nationalisation or expropriation under a lawful or public purpose;

free remittance of currency, profits, capital or other fees on investment;

settlement of investment disputes either through a process of consultation through diplomatic channels or if such process fails, for referral to the International Court of Justice. Disputes in connection with investments, under IGAs should first be resolved through local judicial facilities. In the event of failure to settle, it would be referred to the Convention on the Settlement of Investment Disputes or the International Adhoc Arbitral Tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law.

Malaysia has concluded IGAs with about 64 trading nations including trading blocs such as ASEAN and major trading partners such as the United States of America, United Kingdom, Germany, Taiwan, etc.

TRADE DISPUTE SETTLEMENT

Another aspect of international trade is the availability of acceptable dispute resolution form. Globalisation of trade obviously involves greater potential for generating international trade disputes. The international business community looks for prompt, economical and fair conflict-resolution mechanisms. Negotiation, conciliation, litigation, and arbitration are well-known conflict-resolution devices. Direct negotiations and conciliation may resolve a conflict. However, when parties fail to solve the controversy through direct negotiations, they have two choices: litigation or arbitration.

Within the context of the GATS, there is an express provision for trade settlement dispute where countries have disputes in relation to commitments made under the agreement. The WTO have provided for procedures in relation to a dispute settlement process. The dispute settlement procedure is considered to be the WTO's most individual contribution to the stability of the global economy. The WTO's procedure underscores the rule of law, and it makes the trading system more secure and predictable. It is clearly structured, with flexible timetables set for completing a case. First rulings are made by a panel, appeals based on points of law are possible and all final rulings or decisions are made by the WTO's full membership. No single country can block a decision.

Malaysia is also signatory to the Convention on the Settlement of Investment Disputes established under the auspices of the International Bank for Reconstruction and Development that establishes facilities for international conciliation or arbitration. Further to this, the Kuala Lumpur Regional Centre for Arbitration was established in 1978 with the objective of providing a system for the settlement of disputes for the benefit of parties engaged in trade, commerce and investments with and within the Asian and Pacific region.

In conclusion, as we draw close to the new millennium, it is indeed a challenge to us all to be able to grapple with some of the abovementioned issues and adopt appropriate responses.

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The rest is hoop-la

Thank you, Professor Miller, for inviting me here today and congratulations to you all on nearing the end of your internships. I know that just because you begin your placements doesn’t mean you stop being a college student and it can be difficult to work an 8 hour day while also attending your meetings, practices, and rehearsals, especially with all of the graduation events on the horizon, but I promise you that the experience is worth it.

 As Professor Miller explained, my name is Emma and I graduated in May 2016 as a Human Service Studies Major, with minors in Psychology & Public Health. I completed my internship in the Fall of 2015 at the Graham Department of Juvenile Justice under the supervision of Court Counselor, Robyn Rugh. Her first words ever to me were “Pack up your stuff,  let’s move,” without even looking me in the eye. This was not my warm & fuzzy Human Service’s classroom and the next month and a half would shake me in ways I didn’t know possible.

 Because I wasn’t cleared to do anything legal, my time at DJJ consisted of a lot of observation. This was new for me, as I’m sure Professor Miller will confirm that I’m not exactly the last person in the room to offer my opinion. Regardless, my restless and cliché helper-oriented desire to fix things was futile in the face of the things that I witnessed on a daily basis. Addict mothers trying to parent their addict daughters, kids eating out of soup cans in the dark, teens ripping off their ankle bracelets again and again, though they knew that it would extend their probation. After a day of this, I then would drive back to campus go to rehearsal for my a capella group and bop back and forth, staring catatonically at the sheet music, while consumed with thoughts of the community not 15 minutes away that seemed like a world apart.

 Despite the hardships I witnessed, I grew to know and love the Alamance Community. It was resilient, rooted, and real. Though I adored my time on campus, it started to feel like a fairytale playground and less like reality. Eventually, my time ended at the department and I am happy to report that I was able to convince Robyn to like me and we still keep in touch today. Though my placement was over, it didn’t quite feel like my time in the community was.  

 Fast forward six months, and you’ll find me applying for a position as the Volunteer & Outreach Coordinator at my dream organization,  Benevolence Farm. Benevolence Farm is located 10 minutes from downtown Graham, and seeks to combat barriers in reentry for women leaving prison through providing housing and employment on a sustainable small scale farm (I say that sentence about 6 times a day btw). By the grace of the universe and a slightly aggressive phone interview, I was granted the position and am going on month number eight with Benevolence.

 These past eight months have taught me more about service, relationships, and myself more than the past 23 years combined. Benevolence Farm and the many other service organizations in Alamance County exemplify community. Now please don’t start to think I’m over romanticizing my life or the area just to woo you.  I didn’t say perfect community. And I didn’t say I like the things I learned about myself either.

 But don’t you dare mistake me as a martyr either.  When I’m not brooding over admin work I’m bopping around central North Carolina like it’s my job, which is lucky because it is my job. You have Greensboro 30 minutes west, Carrboro & Chapel Hill 40 minutes East, Durham a hop skip and a jump from that, and Raleigh not too much farther. Not to mention, the endearing Saxapahaw, Mebane, and Hillsborough. But who really even needs all that when you have Company Shops Market, The Maker Hub, and Feel Better Yoga, right here in Burlington? I can’t tell you the joy I get waving to mayor and Elon Graduate Ian Baltutis as we’re both trying to decide what sandwich to order at the Co-Op. And to my lady friends, have you ever seen Blend barista and lead singer of local band Love & Valor? If you haven’t you should and can thank me later.

 We joke about Elon being in a bubble. And although I know that the University is working honestly & diligently to pop it, I still kind of think the best we’ve done is carved out a small door. But change happens at the speed of trust and trust is built at the speed of commitment and commitment is hard.

 I’m going to leave you with a quote by one of my favorite authors, Kurt Vonnegut, that about knocked the wind out of me the first time I read it. “Although some young people will move onto the national stage, others will find themselves building or strengthening your communities. Please love that destiny, if it turns out to be yours- for communities are all that's substantial about the world. The rest is hoop-la."

 I sincerely hope that destiny is yours and wish you all luck in whatever communities you choose to serve, whether that be in Alamance County or Thailand.  Don’t let complacency steal the fire that I know this department has instilled in you. I look forward to hearing about all your future adventures and please feel free to call or email me if you ever want to chat or work through an existential crisis.  Thank you and happy graduating!  

This was a speech addressed to a group of graduating students in the Human Service Studies Department at Elon University. 

[talabib]

How To Pivot Into A New Career

Maybe you’re dissatisfied with your current position and are looking to start a new company. Maybe you want to transfer to a new position within your firm or even change industries. Perhaps you’re a manager who wants your employees to be satisfied and productive.

Regardless of which of these might apply to you, you probably know that making a major shift in your career direction can take time, and – if done badly – can be very expensive.

There are four steps you can use to pivot: plant, scan, pilot and, finally, launch. There’s also a fifth element, lead, if you’re a manager looking to apply these useful lessons for your own employees.

Changing career paths is becoming increasingly common and isn’t something to be afraid of.

We all know the feeling: you’re stuck in a rut in your job, but you’re too scared to switch things up and get out. After all, it might well put your finances at risk. Perhaps your family and friends have expressed concern at your desire to change tracks. They might even say it’s some sort of age-related crisis. But guess what? It’s perfectly normal for you to feel that way.

These days, it’s quite normal to have multiple careers. Few people stay at the same company for their entire working lives before retiring – things just don’t work that way anymore.

In fact, the average American employee stays in one position for just four to five years. Adam Chaloeicheep is a case in point. Chaloeicheep was once creative director of a real estate development company in Chicago, but, burnt out, he left his job and headed off to Thailand to study meditation.

Eight months later he was back. His mind was clear. His passions for fashion, technology, entrepreneurship and brand strategy would now guide him. He went back to school to broaden his skill set and then started his own company, ABC Design Lab. Fulfillment and financial success followed soon after.

Yes, Chaloeicheep’s story is a little on the extreme side. But it’s indicative of a broader trend. A recent Gallup poll showed that up to 90 percent of employees are either “not engaged” or “actively disengaged” from their jobs. It’s no great surprise, then, that people are on the lookout for new opportunities.

Crises that make you look elsewhere are in no way voluntary. But you can use that same outward-looking mentality to make a deliberate career shift in a new direction. It’s known as a career pivot, and to do it, you don’t even have to leave your current employer.

Let’s take Amy Schonberger as an example. She felt stuck as a senior creative strategist in a public relations firm, but she wasn’t ready to ditch just yet.

Rather than looking for new jobs, Schonberger started taking responsibility for social media and blogging. Her coworkers weren’t interested themselves. They felt working in social media would damage their reputations.

But Schonberger knew better, and before long, she found herself dealing with the company’s biggest clients. Her status as a social media expert soon led to her appointment to a new, official role: director of digital entertainment.

Step back and define your values so you know what you want to achieve.

It makes no difference whether you want to start a company or if you want to take on a new role at your current firm – change can be overwhelming.

However, you can make things easier by zooming out to get the big picture and thinking about how you want to plant your pivot.

There’s no need to get tangled up in the hows and whens of your pivot just yet. First of all, establish your vision: think carefully about what your broader values are.

Jenny once had a client, Justin, who was sick of working for his family’s real estate business. Instead of delving into the issues of what Justin should do, her first step was to identify Justin's values and status.

Through their discussions, they determined that the most important factors for Justin were his health, financial security, environment and relationships with like-minded people. Based on this information, they were able to discuss Justin’s career options together.

Within a few months, Justin had been accepted to a business school in San Diego on a scholarship. There, he was able to meet new and inspiring friends, in a place that offered an inspiring and healthy environment.

The trick is to keep the focus of your dreams tight. Don’t start thinking long-term and in generalities; instead, define a pivot vision based on your values for the next couple of years.

Consider the jenny’s sister-in-law, Gillian. One day, while on the conveyor-belt career path that would make her a lawyer, she realized she wanted to get off.

She didn’t want to spend the year after law school writing legal documents  – she wanted to become more engaged. She needed an environment in which she could be flexible and physically active, and in which she could interact with like-minded peers. Perhaps most of all, she wanted to start a business and a family with her husband.

Gillian had been taking a CorePower Yoga Teacher Training course at the time. Soon after starting, yoga had become central to her happiness.

Even though she passed the bar, she decided to quit her position at the law firm to teach at a yoga studio and get involved in the yoga business. She was able to utilize her unique background to her advantage, and soon had a managerial position at the studio. This work left her feeling far more fulfilled than she would ever have been as a lawyer.

The lesson here is clear: if you clearly define your values and your vision, you’ll be more equipped for large-scale changes. You’ll know just what to do when those daunting decisions inevitably come up.

Pivot to your new career by focusing on your strengths and evaluating your financial situation.

Thinking about making a change to your career is almost sure to stoke anxiety. It would for anyone. After all, you’ll be starting from scratch and losing your current regular paycheck.

To deal with this fear while you’re planting your pivot, you’ll need to evaluate your current situation; this is the second part of planting. It implies considering how your current strengths will help you move on and up.

The result is that you won’t be starting over with a blank slate, as you’ll know exactly where your strengths lie. Ask yourself: Are there any specific challenges I’m attracted to? What energizes me?

Sometimes, your career portfolio can provide the answer. Other times, you might have to look back a bit.

Take Jason Shen. He began in content marketing, but took up a product manager position at a start-up. As he was transitioning into his new role, he found an end-of-the-year evaluation from his kindergarten years hidden among old documents at home. In it his teacher had written, “He especially enjoys computer work, games and making things.”

It was confirmation that his interest in computers and building had been there from the start. And what’s more, it gave him a huge boost of confidence: he realized that he wasn’t some hanger-on to Silicon Valley culture. He now knew that his new position was sure to play to the strengths he had had his entire life.

You can also decrease the stress involved in change by obtaining a better understanding of your financial situation. That way, you’ll know when you can afford to take a big risk and – just as critically – when you can’t.

Let’s look at Andrew Deffley. When he turned 30, Deffley decided to transition away from being a production manager at NFL Films, where he’d been for eight years. He wanted to fulfil his lifelong dream and become an actor, but he knew he couldn’t go into it blindly. He had to take stock of his financial situation and come up with a plan.

First, he would save enough so that he could take a six-month break from NFL Films. He could use that time to see if acting was the right thing for him. Then, if he still wasn’t earning enough from acting alone after six months, he would start up a side hustle of production-related work. That way, he could continue to audition for roles.

These side earnings played to Deffley's strengths by using his already-acquired skills. He was able to keep himself financially secure, while simultaneously pivoting toward his dream career with confidence. It worked out well. Since starting, Deffley has landed roles in web series and TV shows including I Love Ryan? and Orange is the New Black.

Successful pivoters rely upon a network of mentors and advisors.

Once you’ve got a good idea of the foundations required for a pivot, then it's time to scan for opportunities.

Some people think what’s needed at this stage is a career mentor, someone to dispense expert advice in the long term. But it can be a laborious task finding someone to take on this time-consuming role. But no worries, it’s actually better to work with a series of one-off mentors and experts.

In many cases, these advisory sessions morph into longer-term mentorships. When jenny was beginning as a career coach and speaker, she didn’t look for a long-term mentor. Instead, she called up Susan Biali, an expert in coaching and speaking, and asked for a one-off conversation.

During the call, Biali offered to help her on a regular basis, even suggesting they check in each month. They’ve actually kept in contact to this day.

If you think of these conversations as one-off interactions, that’ll park questions relating to long-term mentorship. You won’t feel you’re pushing your mentor for more time in the future.

Aside from these one-off mentors, you should also build up a mastermind group of friends and peers with similar interests, who you can ask whenever questions come to mind.

Let’s consider Luke Schrotberger. He was a consultant to an Alaskan oil and gas group and he wanted to pivot within his company. Schrotberger reached out to a peer for guidance. He had himself pivoted within the company.

Your mastermind group might include friends who have similar goals to you. Jenny and her friend Alexis Grant are just like this. While they were both writing their books, they made sure to be in daily contact to keep each other on track by sharing experiences with each other.

But what do you do when you don’t have friends or colleagues who can help? Thankfully the internet is a savior here. There are loads of courses, sites and communities you can access.

One of these courses worked for Lora Koenig, who found a mastermind group thanks to the program. She used them as a support system as she transitioned from product management to agricultural development as a Peace Corps volunteer in rural Ethiopia.

However you choose to find your support network, the general lesson is clear: the relationships you foster at the start of your pivot are sure to help you throughout the entire pivoting process.

Generate opportunities rather than waiting for them to present themselves.

We all know those people who are a bit too passive in their outlook; they sit around waiting for a miracle to happen.

If you really want to switch things up, however, you need to actively scan for new breaks. And the most successful pivoters are those who look for opportunities related to their strengths.

Consider Shawn Henry. In 1999, he’d been at the FBI for ten years and wanted to transition from his job as a special agent into a supervisory role.

However, despite his experience and dedication, Henry found his applications rejected when he applied for four different positions across the agency. Then, he noticed that the position of chief of computer investigations was being advertised.

Although Henry had no experience in the FBI’s computer division, he reckoned that he could lead the division in the face of rising digital crime. He felt he could apply the tactics he’d learned as a special agent – such as wiretapping and undercover work – to the digital realm and to the internet.

He landed the job. Eventually, Henry worked his way up to becoming executive assistant director, the third-most important position in the FBI, before founding his own cybersecurity start-up, CrowdStrike. And it was all made possible by being proactive and using his strengths to sniff out opportunities.

Another way you can create your own opportunities is by doing what’s known as platform-building, which can help make your desired direction known to all.

Photographer Daniel Kelleghan is a good example. After quitting his product photography job at Groupon, he was able to shoot the fashion and architecture photos he’d always wanted to. In the meantime, he used corporate gigs to supplement his income.

Kelleghan was able to gain a cult following for his photos on Instagram. Thanks to Instagram featuring his work, he was able to hit 100,000 followers almost overnight, which gave him an instant breakthrough.

These days, Kelleghan’s platform gives his clients, such as Audi and Warby Parker, a way to get in contact to ask if he can shoot their products. He offers companies the chance to place their products in his Instagram feed, and he especially likes contacting hotels in places he wants to visit. That way, he gets to travel and stay in nice hotels for free.

The point is that Kelleghan never stopped creating opportunities. He achieved success through education, hard work and sheer will. Without that, his “lucky break” would never have been possible.

Before pivoting properly, pilot your ideas with small, low-risk experiments.

You've identified your next big move, and you’ve done it by recognizing your values and finding helpful resources. Now it's time to test out your vision in the third stage of the four-step method: piloting.

The idea here is to seek out ways to pilot small-scale versions of your larger vision. That way, you can determine through experimentation whether your pivot is actually something that thrills you. Based on the results, you can adjust your methods according to your strengths and goals.

Let’s look at Christian Roberts and Bill Connelly, the improv comedians behind Angry Landlord, a New York comedy show. Angry Landlord began as an experimental collaboration, since the comedians wanted to channel their talents into a new format that would fit with their interests.

However, when they looked out from the stage during their third show and saw just eight people in the audience, they knew they’d have to adapt. What was and wasn’t working? What were their strengths?  

Then they hit upon the answer: they had to network with comedians and build their brand. As such, they adjusted their approach and started building their social media profile. Before too long, they were posting short YouTube videos and expanding their network of comedians.

Thanks to these efforts, Angry Landlord has been a sellout show ever since.

Sometimes you should pilot in stages, which means incrementally increasing the risk in your experiments. That way, you don’t enact new changes all at once.

Bob Gower did this. He’s a business consultant for Fortune 100 companies but was once working on developing a beginners' bondage course for couples.

Gower set up a series of pilots to test his idea. However, he used the pseudonym Ryan White so as to keep the hustle separate from his day job.

Instead of going all-in with a huge investment in the project, Gower continued his consulting. He thought that if enough people were interested in the Facebook group and the free PDF guide to basic bondage he’d written, he’d see it as an indication that there would also be interest in an e-book. And then, if his e-book was successful, he’d work on developing an online course.

However, the experiments turned out differently than he expected. Gower still liked the project, but realized there wasn’t any point expanding it into a full-time gig.

It wasn’t a waste of time, though. He was able to use his real-life stories about his bondage business endeavor in his consulting work. Not only did it give him an edge, it also made him seem authentic.

Maybe you, like Gower, will find that your piloting will take you down a different path from the one you first envisaged.

Fears involved in launching your pivot can be overcome by setting yourself launch criteria.

Once you’ve evaluated your values for planting your pivot, scanned for opportunities and connections and piloted your putative move, the only thing left to do is launch. But for some people, fear of failure can keep them from actualizing their pivot in the first place.

Don’t get caught in this trap. Identify specific launch criteria to determine when to set your plan in action. You’ll need to engage in some basic troubleshooting and be prepared.

Using launch criteria worked for Tom Meitner. Meitner worked answering customer service emails. His wife, Amanda, did the same job but on a different shift. They never had the chance to see each other.

Meitner knew he was overqualified for his job and decided to write to 300 companies and offer his services as a copywriter. Meitner reckoned that a benchmark of success would be earning $2,500 a month freelancing. If he hit that figure, he would know he could launch properly. Within three weeks he had already made $3,000.

Soon enough, he found himself in a position where he could take on more interesting work, instead of just anything he could get his hands on. Not long after that, he was able to raise his rates, and was making a six figure sum each year – all while working mostly at home.

Meitner’s launch criterium was a financial benchmark, but yours needn’t be. It could also be a specific date, a milestone, an indication of external approval – such as acceptance to grad school – or even a gut feeling.

More often than not, the anxieties involved in launching are rooted in a fear of failure. Just remember, though, that a good pivot also involves diverging from an original concept, especially if it’s clear that things aren’t going to plan. That’s not failure – that’s adaptation.

Take Christian and John. They pivoted from their jobs as commodities traders and began SpringUps, an urban farming business. Even though the start-up was proving to be profitable after a year, it was clear that the project wasn’t going to be the cash cow they’d hoped. It wasn’t enough even to secure the financial future that was so important to them both.

Consequently, they sold the company and parted ways – but they were able to bounce back. Rather than going back to trading, John landed a job at a predictive analytics startup. Christian, on the other hand, took a job in sales at a technology company.

Ultimately, failures are just opportunities for another pivot. And if you feel stuck then just go back to those first three steps: plant, scan and pilot. And that’s how you pivot!

Managers can implement the pivot method within their own companies.

What’s so great about the pivot method is that its usages aren’t limited to those pivoting into new careers. In fact, managers can employ it within their own companies.

Although managers rarely discuss career mobility with their employees, a recent Inc. survey found that 51 percent of CEOs identified their biggest challenge as "attracting and retaining skilled employees."

If you're a manager, it's up to you to begin talking to your employees about pivoting. That’s how you keep good staff.

Let’s consider Courtney John-Reader, an employee at an architectural firm. John-Reader felt she’d run her course as a digital communications coordinator at the company.

Although she liked her projects as well as the company’s work, she felt she wasn’t valued enough, no matter how hard she worked. In the end, she quit.

Sadly, John-Reader’s feelings are common among staff. As a manager, it’s your responsibility to promote and communicate a culture of mobility and recognition.

But don’t discuss with your employees what they could or should being doing. Instead, use the basics of the pivot method: lead open-ended discussions using the simple question, "what's next?"

On top of those efforts in leading a general discussion, you should offer real opportunities for your employees.

Take the business and analytics software company SAS. SAS’s motto is “Pursue Growth and Learning.” It’s therefore keen on helping its employees reach their professional and personal goals. Consequently, the company offers business tools, equipment for hire, research resources and over 16,000 books, all with that aim in mind.

You can also offer career programs to your employees. The supermarket chain Whole Foods does just this. It has job-specific certification programs that its employees can take, such as the training for the American Cheese Society’s Certified Professional Exam. These programs mean Whole Foods employees can gain skills and pivot to work in specialist sections within the company’s supermarkets.

Just remember: be creative! It’s your aim to foster an environment where employees neither stagnate nor quit. It’s up to you to provide opportunities for them to pivot internally based on their skills and interests. In the end, it will be the company that benefits.

When seeking a career shift, begin by identifying your values, strengths and situation. If you then take small steps toward your goal and run experiments to test your way, pivoting can become not only manageable, but a way to keep your career exciting and dynamic. In today's job climate, pivoting provides you with the mentality you need to adapt to your surroundings, while fostering connections and opportunities.

[vernicle]

International Trade and Finance

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INTRODUCTION The explosive growth of international financial transactions and capital flows is one of the most far-reaching economic developments of the late 20th century. Net private capital flows to developing countries tripled – to more than US$150 billion a year during 1995 to 1997 from roughly US$50 billion a year during 1987 to 1989. At the same time, the ratio of private capital flows to domestic investment in developing countries increased to 20% in 1996 from only 3% in 1990. Hence, this has effected a shift from the national economy to global economies in which production and consumption is internationalised and capital flow freely and instantly across borders.

Powerful forces have driven the rapid growth of international capital flows, including the trend in both industrial and developing countries towards economic liberalization and the globalisation of trade. Revolutionary changes in information and communications technologies have transformed the financial services industry worldwide. Computer links enable investors to access information on asset prices at minimal cost on a real time basis, while increased computing power enables them to rapidly circulate correlations among asset prices and between asset prices and other variables. At the same time, new technologies make it increasingly difficult for governments to control either inward or outward international capital flows when they wish to do so.

In this context, perhaps financial markets are best understood as networks and global markets as networks of different markets linked through hubs or financial centres.

All this means that the liberalisation of capital markets and with it, likely increases in the volume and volatility of international capital flows is an ongoing, and to some extent, irreversible process.

It has contributed to higher investment, faster growth and rising living standards. But this can also give rise to shocks and stresses resulting in financial crisis as we have all witnessed in 1997 and 1998.

Testimonies to the risks of open capital markets are the several waves of instability in the financial markets in early 1998 and again in the wake of the Russian crisis in August/September 1998. To illustrate, net private capital outflows from the five countries most affected by the crisis, namely, Indonesia, Korea, Malaysia, Thailand and the Philippines rose to US $28.3 billion in 1998, reflecting mainly the decline in net bank and non-bank lending. Meanwhile, foreign direct investment which had been one of the main sources of growth during the pre-crisis period in these countries remained sluggish in 1998, amounting to US$8.5 billion as compared to an average amount of US$17.8 billion during the period 1995 to 1995.

Global trade has experienced a slowdown over the past two years due to trade contraction of East Asian economies. Generally, world GDP and trade growth slowed in the past 1997/1998 as the East Asian crisis deepened and its repercussion were felt increasingly outside the region. Asia recorded the strongest import and export contraction in volume and value terms of all regions of the world. The dollar value of Asia’s imports registered an unprecedented decline of 17.5%. The five Asian countries most affected by the financial crisis that broke in mid-1997, that is, Malaysia, Indonesia, Philippines, the Republic of Korea and Thailand experienced import contraction by one-third.

In the context of these powerful trends, I like to discuss a few significant the issues relating to them, particularly from a capital market regulator’s perspective. Given the breadth of the topic at hand, and in the interest of keeping to time, please allow me to focus particularly on current trends and difficulties faced in the capital markets.

DEVELOPMENTS IN ELECTRONIC COMMERCE AND CAPITAL MARKET REGULATION Developments in computer and information technology have made dramatic changes to the way the financial services industry operates. These changes are affecting and will affect every aspect of the financial services industry and offer the possibility of reduced costs in raising capital, greater efficiencies in the mobilisation of domestic and international savings and the provision of better, cheaper investment products more closely tailored to the needs of different investor segments. The convergence of computer and communications technology is promoting the development of computer mediated networks, allowing for users to communicate and transmit data and other information regardless of boundaries and distance. As communication costs continue to fall, the potential of outsourcing grows.

These changes will affect –

The way investment products are offered, distributed and marketed and the way in which investors access information about the products and entities involved;

The activities of financial services intermediaries, especially advisers, and the way they deal with investors;

The continued blurring of product and institutional boundaries, and even the scope of financial services sector itself as non-traditional entities take on some of the functions of financial intermediaries;

The methods of distribution and marketing of investment products which will increasingly draw upon the techniques of mass marketed consumer products; and

The way secondary trading in investment products takes place as greater scope for direct investor transactions and low cost competitors to established securities and futures markets becomes more of a reality.

Just as electronic commerce affects investors and providers of financial products and services, it will affect the role of corporations and capital market regulators. Just as electronic commerce facilitates activities across jurisdictional borders, it poses in clear terms questions about the practical enforceability of national laws. As well as practical enforcement questions, electronic commerce also raises issues about the role that capital market regulators should play and the effectiveness of many of the traditional regulatory approaches and mechanisms that have been employed by them. An example might be an offering of securities made without a prospectus or registration statement on the Internet by a person in a jurisdiction with which the capital market regulator has no regular contact or mutual enforcement arrangements. There are also concerns about illegal and fraudulent activity on the Internet.

In this regard, the Malaysian position is that it is committed towards a structured development of electronic commerce. Towards this end, Malaysia has proposed to introduce a National E-Commerce Masterplan. This Masterplan should focus on key initiatives which will create momentum in trading via e-commerce. Besides looking at developing the technological infrastructure such as telecommunications infrastructure and systems providing for electronic delivery of goods as well as payment, the Government is also aware that there are legal and regulatory issues which will arise with regard to e-commerce. Malaysia has introduced several sets of laws catered towards proper regulation of e-commerce known as ‘Cyberlaws’. The Cyberlaws which have been introduced include, among others :

(i) Computer Crimes Act 1997

This Act provides for a framework to counter computer offences such as unauthorised access to computer material, crimes of fraud and dishonesty through the computer, unauthorised modification of contents of a computer and so on. The Act is not limited by jurisdiction. It has effect outside as well as inside Malaysia. Where a computer crime is committed outside Malaysia in respect of computers or data in Malaysia or that which may be connected to or used in Malaysia, the crime may be treated as a crime within Malaysia and the perpetrator may be dealt with under the provisions of this Act; and

(ii) Digital Signatures Act 1997

This Act addresses issues of security and authenticity of electronic transactions and it allows for greater confidentiality and integrity of messages. It allows for businesses to use electronic signatures instead of hand-written counterparts in legal and business transactions. The Act provides for the treatment of document signed with a digital signature created in accordance with this Act to be treated as legally binding as if the document was signed with a handwritten signature.

The development of an effective regulatory framework is essential in attracting and maintaining confidence for the world in trading with Malaysian counterparts via electronic means. The regulatory framework as it stands is currently incomplete as many other areas such as electronic banking and broking are still in the process of development.

To instil confidence, Malaysia must be able to provide for regulatory certainty and coherence as well as prevent regulatory capriciousness. In relation to financial services, a major consideration is cross-border implications. The Securities Commission, as an example, is currently looking at issues relating to Internet offering of securities and fund management and broking services over the Internet. A re-examination of current laws would need to be conducted to ensure that they have not been overtaken by technology and to restructure the laws so that they are technology neutral.

As far as the capital market is concerned, the Securities Commission recognises that electronic commerce is an area where it is important that the regulatory infrastructure responds in a positive and timely way to facilitate market developments and not hinder innovation in market products and processes. We believe that there are important benefits to be gained through the Commission’s facilitation of market developments in this area for the competitiveness of the Malaysian capital market, efficiencies in the operation of our capital markets and the better making of investors at lower cost. At the same time, the Securities Commission considers that it is important for the successful implementation of electronic commerce that investors retain confidence in the integrity of the market for investment products.

LIBERALISATION VS. PROTECTIONISM

On the issue of liberalisation vis-à-vis protectionism, there has been a proliferation of multi-lateral trade agreements since the middle of the century. Such agreements provide for a framework of rules within which nations are ‘obligated’ to assure other nations signatory to the agreement of a sovereign’s approach towards international trade. For example, Malaysia is a member of, among others, the World Trade Organisation through which it is a signatory to the GATS (General Agreement on Trade in Services) and GATT (General Agreement on Tariffs in Trade), APEC as well as ASEAN, all of which have the objective of achieving liberalised trading of goods and services within specified, albeit not immediate, time frames. Through these trade blocs, Malaysia has committed itself to progressive liberalisation which essentially entails a gradual opening of the economy to foreign participants.

The globalisation of economies is intrinsically linked to the internationalisation of the services industry. It plays a fundamental role in the growing interdependence of markets and production across nations. Information technology has further expanded the scope of tradability of this industry. Access to efficient services matters not only because it creates new potential for export but also it will be an increasingly important determinant of economic productivity and competitiveness. The main thrusts of the ‘services revolution’ are the rapid expansion of the knowledge-based services such as professional and technical services, banking and insurance, healthcare and education. Responding to this phenomenon, regulatory barriers to entry in service industries are being reduced worldwide, either through unilateral reforms, reciprocal negotiation or multilateral agreements. Developing countries such as Malaysia are increasingly looking at foreign direct investment in services as an especially powerful means of transferring technical and managerial know-how, besides attracting foreign capital and investment to the country.

Malaysia has made a commitment under GATS under legal services covering advisory and consultancy services relating to home country laws, international law and offshore corporation laws of Malaysia. Under the GATS commitments, commercial presence of foreign legal firms is not available except in relation to the Federal Territory of Labuan and in such a case, their services are limited to legal services given to offshore corporations established in Labuan. However, there are no limitations placed on the provision of legal service cross-border, that is, provision of such service from a foreigner without having a legal presence in Malaysia. This may be done via fax, telephone or the Internet. As stated before, most aspects of legal services does not need the physical presence of the service provider except perhaps where a court appearance is necessary. Furthermore, a Malaysian may obtain legal services abroad without any limitation either.

Malaysia is also signatory to the ASEAN Framework Agreement on Trade in Services (AFAS). The AFAS is an agreement made within the auspices of the GATS. In very basic terms, commitments under AFAS are GATS-plus which means that liberalisation of trade is accelerated within the ASEAN region under the AFAS as compared to the world at large under GATS. Its ultimate aim is to achieve regional integration and free flow of services within the region. In achieving integration and free flow of services within the region, many issues would need to be ironed out. Issues such as harmonisation of professional standards, acceptable levels of accreditation between member countries, movement of labour in relation to provision of these services, licensing and certification of service suppliers are still under intense discussion within the Member Countries. Taking into account the different levels of economic and regulatory maturity of Member Countries within the ASEAN, it is understandable that it would be a long process of consultation before a consensus may be achieved.

LIBERALISATION OF CAPITAL ACCOUNT

A most obvious impact of globalisation of trade are pressures exerted on developing nations to liberalise their financial markets and capital accounts. However, it is important to recognise that domestic and international financial liberalisation heighten the risk of crises if not supported by prudential supervision and regulation and appropriate macroeconomic policies. Domestic liberalisation, by intensifying competition in the financial sector, removes a cushion protecting intermediaries from the consequences of bad loan and management practices. It can allow domestic financial institutions to expand risky activities at rates that far exceed their capacity to manage them. By allowing domestic financial institutions access to complex derivative instruments it can make evaluating bank balance sheets more difficult and stretch the capacity of regulators to monitor risks. External financial liberalisation in allowing foreign entry into the domestic financial markets may facilitate easy access to an abundant supply of offshore funding and risky foreign investments. A currency crisis or unexpected devaluation (such as in the Asian crisis) can undermine the solvency of banks and corporations which may have built up large liabilities denominated in foreign currency and are unprotected against foreign exchange rate changes.

The ideal free market is one that every one should be free to enter, to participate in and to leave. However, events in the recent financial crises have led many of us to believe that in the freest of markets, there is a need to ensure that free flow of capital does not destabilise the market itself.

Indeed, calls for reform have gained increasing support and credence within the international community with the unfolding of the devastating effects of the crisis beginning mid-1997. The SC’s work within IOSCO’s Emerging Markets Committee has drawn attention to fundamental weaknesses in the existing global financial infrastructure that have caused and exacerbated these effects. These weaknesses include the inordinate power of highly leveraged institutions to move markets, the destabilising force of volatile short-term capital flows and the failure of existing credit assessment systems to adequately inform market participants of increasing risk of default.

One example of this mounting consensus was the express recognition by G7 countries at their recent meeting in Cologne of the need to strengthen the international financial architecture.

There are now increasing calls for greater transparency and regulation of hedge funds and greater awareness of the dangers of volatile short-term capital flows. To rebuild East Asia and the global economy, we now urgently need to engage in a sincere discussion about what constitutes sound governance in the contemporary world.

On the domestic front, we would have to ask ourselves this question: has our financial markets kept pace with change? Whilst markets have become global, applicable rules and regulations remain predominantly parochial or local. From a regulator’s perspective, the challenge for us in a global market is to design the regulatory and structural framework which will allow the market to function efficiently, competitively in a fair and level playing field environment, ensuring at the same time that the market is not subject to highly concentrated or destabilising forces that would disrupt its functioning.

The recent crisis also shows up the need for a careful and sequenced approach towards liberalising a country’s capital account. The experiences of Thailand, Korea and Indonesia clearly tells us that there is no prescribed formula on sequencing. However, it is important to recognise that countries vary greatly in their levels of economic and financial development, in their institutional structures, in their legal systems and business practices, and their capacity to manage change in a host of areas relevant for financial liberalisation. It is in recognition of this that the IMF policy-setting committee and subsequently the Finance Ministers and central bank governors of the G7 industrial nations, in the fall of 1998, stressed that a country opening its capital account must do so in an orderly, gradual and well sequenced manner.

Issues of liberalisation versus protectionism would need to be considered at great length to ensure that a country is competitive in a global trading environment. In a developing nation such as Malaysia, a protectionist policy towards local financial services industry and industry participants have been adopted to assist the local industry to develop to international standards. In the area of financial services, for example, the Government’s stance has been that consolidation of local financial services providers is necessary to ensure the development of a core group of strong and stable financial institutions to be able to withstand international competition when the financial services markets are opened to international participants.

Indeed, the Malaysian experience clearly shows that a premature freeing up of the capital account, which was done in 1988, without the requisite reforms and institutional arrangements in order to withstand the shocks, can result in debilitating effects as was faced in the Malaysian financial services industry.

MALAYSIA'S EXPERIENCE

Perhaps the most important lesson learnt from the Asian financial crisis was the interdependence of financial markets. Even the most developed economies were not spared of the effects of the financial turmoil which began as a result of Thailand’s default on its eurobond issue in February 1997. By May, 1997, the Malaysian Ringgit was under severe pressure from currency speculators and interest rates had risen from between 7% to 9%. It was reported that Bank Negara Malaysia expended about RM1.2 billion of its foreign exchange reserves to try to stave off the attack of currency speculators. However, this was the first of many repeated attacks on the currency.

The effects of the currency crisis began to take its toll on the country in 1998. Interest rates were rising to above 11% and the Ringgit had dipped to an unprecedented low of RM4.71 in January, 1998. All sectors of the economy experienced severe contraction as access to liquidity and credit became more scarce. Bank Negara had made many attempts to quell the effects of the financial crisis through imposition of tight monetary policies and attempts to ease credit to certain sectors of the economy to no avail. But the avalanche would not stop.

Malaysia’s sovereign credit rating was downgraded by international rating agencies to just above so-called junk bond status. Malaysia was facing a serious credit squeeze. Raising international capital was prohibitively costly. Flight of capital from the country resulted in a sharp decline in the stock market which fell to levels of 250 before bottoming out in the second half of 1998.

As many of you are aware Malaysia’s response to the crisis was one that was totally unexpected by the global community. The Government decided that it needed to protect the economy from increasing global pressures on the Malaysian economy. On 1 September, 1998 the Government introduced selective exchange controls with the intention of curbing and preventing further manipulation and speculation on the Ringgit. The Ringgit was pegged at RM3.80. The Government took further measures to discourage short-term flows of money by requiring that inflow of funds should remain in the country for at least one year. On 15 February 1999, this was replaced with an exit levy for repatriation of capital. The selective exchange control measures imposed by the central bank on 1 September, 1998 were directed towards reducing the internationalisation of the Ringgit by eliminating access to Ringgit by speculators and reducing offshore trading of the Ringgit. This involved the introduction of rules relating to the external account transactions of non-residents and currency of settlement of trade transactions. However, general payments, including movement of funds relating to long-term investments and repatriation of profits, interest and dividends remain unaffected. Payment for the import of goods and services must be made in foreign currency. All export proceeds must be repatriated back to Malaysia within six months of the date of export and proceeds from exports must be received in foreign currency.

The selective exchange control regime is intended to provide the time and opportunity for the Government to institute the necessary financial reforms in the Malaysian financial markets. This is in fact in progress in the work of Danamodal (the equivalent of the Resolution Trust Corporation of the US) to alleviate non-performing loan from banks’ balance sheets and Danamodal which is to recapitalise the banks. The Government is also committed to consolidating the domestic financial services industry in having few but strong and viable financial services providers in order to be prepared for financial liberalisation.

GIVING CERTAINTY TO INTERNATIONAL FINANCIAL TRANSACTIONS AND PROTECTION TO FOREIGN INVESTMENTS

International trade and finance, because of its global nature, necessarily involves many areas which may give rise to uncertainty as to the applicability of the contract under which certain trade and financing arrangements are made. These areas range from political issues and political stability to sovereign intervention of the economy, certainty of applicable laws as well as independence of the judiciary.

The Asian lawyer will be fascinated by the rapid changes which are taking place in foreign investment law both within this region as well as in the rest of the world. In less than half a century, the states of Asia have moved through a whole range of stances which could be adopted towards foreign investment. The immediate post-colonial period was characterised by a period of hostility towards foreign investment, motivated by the belief that the ending of economic imperialism alone will bring about true independence. The ensuing period was dominated by a debate about the regulation of multinational corporations and the fear that they posed a threat to state sovereignty. In this period, laws were devised to control the entry of foreign investment and the manner in which such foreign investment operated in the host country after entry. The third and present period is a period of pragmatism where the dominant view is that foreign investment, if properly harnessed, can be an instrument which generates rapid economic development. Competition for the limited investment that is available means that each state country which is bent on a foreign investment led growth strategy must make its laws as hospitable to the foreign investor as the other state which is also bent on a similar strategy.

As much as there is competition among countries to attract foreign investment, there is competition among multinational corporations to enter host countries. Whereas previously the market was dominated by large multinationals, now, there are small and medium enterprises which can transfer more appropriate technology and bring sufficient assets for investment.

This “open door” policy towards foreign investment in developing countries is typically achieved through careful screening of entry by administrative agencies which have been established for the purpose and regulation of the process of foreign investment after entry has been made. After entry, there is continued surveillance of the foreign investment to ensure that the foreign investment keeps to the conditions upon which entry was permitted. In this regard, attitudes to foreign investment protection and dispute resolution will be affected by the new strategies adopted towards foreign investment.

In the context of the new strategies which have been developed by controlling entry and the later surveillance of operations of foreign investment, the foreign investment has ceased to be a contract based matter and had become a process initiated by a contract no doubt but controlled at every point through the public law machinery of the state. The old notions of foreign investment protection which concentrated on the making of the contract and the contract as the basis of all rights of the foreign investor would inevitably become obsolete. This transformation which has taken place is crucial to the devising of effective methods of foreign investment protection. The subject matter of the protection has also changed in that not only physical assets of the foreign investor but his intangible assets which includes intellectual property rights as well as public law rights to licences and privileges have become the subject of protection.

The proposition that contractual provisions in an agreement concluded with a host country offer little protection to foreign investment must be qualified in a situation when a bilateral investment treaty has been entered between the state of the foreign investor and the host country. The result will be different, for the contract becomes effectively internationalised as a result of the existence of such a treaty. It is a basic proposition of international law that any matter that is essentially within the domestic jurisdiction of any state could be internationalised if it is made the subject of an international treaty. The existence of a bilateral investment treaty which covers the foreign investment then internationalises the whole process of foreign investment which would otherwise have been a process that takes place entirely within the sovereign jurisdiction of the host state. But, whether this result will follow depends on the terms of the bilateral investment treaty.

As a matter of general international law, the position seem to be that a contract between a party and host country must always be subject to a national legal system. Those who seek to prove the contrary have an onerous task of showing that his accepted proposition has undergone a change. There are a few usually uncontested arbitral awards which support the view that a foreign investment contract is subject to international law or some other supranational system.

Bilateral investment treaties are obviously regarded as important by both capital exporting and capital importing states. But, these treaties are not uniform and they do not have the ability to create any uniform law on foreign investment protection. But their existence adds to investor confidence and creates an expectation of investor protection. The importance of these treaties lies in the several results they achieve. The first is a signaling function about the national policy towards foreign investment.

Another advantage is that the foreign investment contract in the context of a bilateral investment treaties could have the effect of forming assets protected by the bilateral investment treaties. This will also include licences and other advantages obtained from the government during the course of the foreign investment. Whereas without the bilateral investment treaty these licences and advantages may have been without protection under general international law, they new receive protection as a result of the wide definition of property in the bilateral investment treaty. Whether the host country did intend that its administrative decisions be subjected to international review as a result of the treaty, will remain a moot point. But, it remains a possible result if the treaty.

In Malaysia, efforts have been made by the Government to ensure a level of certainty between international trading partners trading with Malaysian counterparts. The Government has expressly guaranteed that foreign companies acquiring equity participation in local companies would not be required to restructure its equity at any time[1]. Further to this, the Government has taken many steps to increase confidence of foreign investors in Malaysia.

INVESTMENT GUARANTEE AGREEMENTS (IGA”)

The Investment Guarantee Agreement protects parties involved in an international transaction from non-commercial risks such as nationalisation and expropriation. The IGA will provide a foreign investor with the following :

protection against nationalisation and expropriation;

prompt and adequate compensation in the event of nationalisation or expropriation under a lawful or public purpose;

free remittance of currency, profits, capital or other fees on investment;

settlement of investment disputes either through a process of consultation through diplomatic channels or if such process fails, for referral to the International Court of Justice. Disputes in connection with investments, under IGAs should first be resolved through local judicial facilities. In the event of failure to settle, it would be referred to the Convention on the Settlement of Investment Disputes or the International Adhoc Arbitral Tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law.

Malaysia has concluded IGAs with about 64 trading nations including trading blocs such as ASEAN and major trading partners such as the United States of America, United Kingdom, Germany, Taiwan, etc.

TRADE DISPUTE SETTLEMENT

Another aspect of international trade is the availability of acceptable dispute resolution form. Globalisation of trade obviously involves greater potential for generating international trade disputes. The international business community looks for prompt, economical and fair conflict-resolution mechanisms. Negotiation, conciliation, litigation, and arbitration are well-known conflict-resolution devices. Direct negotiations and conciliation may resolve a conflict. However, when parties fail to solve the controversy through direct negotiations, they have two choices: litigation or arbitration.

Within the context of the GATS, there is an express provision for trade settlement dispute where countries have disputes in relation to commitments made under the agreement. The WTO have provided for procedures in relation to a dispute settlement process. The dispute settlement procedure is considered to be the WTO's most individual contribution to the stability of the global economy. The WTO's procedure underscores the rule of law, and it makes the trading system more secure and predictable. It is clearly structured, with flexible timetables set for completing a case. First rulings are made by a panel, appeals based on points of law are possible and all final rulings or decisions are made by the WTO's full membership. No single country can block a decision.

Malaysia is also signatory to the Convention on the Settlement of Investment Disputes established under the auspices of the International Bank for Reconstruction and Development that establishes facilities for international conciliation or arbitration. Further to this, the Kuala Lumpur Regional Centre for Arbitration was established in 1978 with the objective of providing a system for the settlement of disputes for the benefit of parties engaged in trade, commerce and investments with and within the Asian and Pacific region.

In conclusion, as we draw close to the new millennium, it is indeed a challenge to us all to be able to grapple with some of the abovementioned issues and adopt appropriate responses.

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International Trade and Finance

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INTRODUCTION The explosive growth of international financial transactions and capital flows is one of the most far-reaching economic developments of the late 20th century. Net private capital flows to developing countries tripled – to more than US$150 billion a year during 1995 to 1997 from roughly US$50 billion a year during 1987 to 1989. At the same time, the ratio of private capital flows to domestic investment in developing countries increased to 20% in 1996 from only 3% in 1990. Hence, this has effected a shift from the national economy to global economies in which production and consumption is internationalised and capital flow freely and instantly across borders.

Powerful forces have driven the rapid growth of international capital flows, including the trend in both industrial and developing countries towards economic liberalization and the globalisation of trade. Revolutionary changes in information and communications technologies have transformed the financial services industry worldwide. Computer links enable investors to access information on asset prices at minimal cost on a real time basis, while increased computing power enables them to rapidly circulate correlations among asset prices and between asset prices and other variables. At the same time, new technologies make it increasingly difficult for governments to control either inward or outward international capital flows when they wish to do so.

In this context, perhaps financial markets are best understood as networks and global markets as networks of different markets linked through hubs or financial centres.

All this means that the liberalisation of capital markets and with it, likely increases in the volume and volatility of international capital flows is an ongoing, and to some extent, irreversible process.

It has contributed to higher investment, faster growth and rising living standards. But this can also give rise to shocks and stresses resulting in financial crisis as we have all witnessed in 1997 and 1998.

Testimonies to the risks of open capital markets are the several waves of instability in the financial markets in early 1998 and again in the wake of the Russian crisis in August/September 1998. To illustrate, net private capital outflows from the five countries most affected by the crisis, namely, Indonesia, Korea, Malaysia, Thailand and the Philippines rose to US $28.3 billion in 1998, reflecting mainly the decline in net bank and non-bank lending. Meanwhile, foreign direct investment which had been one of the main sources of growth during the pre-crisis period in these countries remained sluggish in 1998, amounting to US$8.5 billion as compared to an average amount of US$17.8 billion during the period 1995 to 1995.

Global trade has experienced a slowdown over the past two years due to trade contraction of East Asian economies. Generally, world GDP and trade growth slowed in the past 1997/1998 as the East Asian crisis deepened and its repercussion were felt increasingly outside the region. Asia recorded the strongest import and export contraction in volume and value terms of all regions of the world. The dollar value of Asia’s imports registered an unprecedented decline of 17.5%. The five Asian countries most affected by the financial crisis that broke in mid-1997, that is, Malaysia, Indonesia, Philippines, the Republic of Korea and Thailand experienced import contraction by one-third.

In the context of these powerful trends, I like to discuss a few significant the issues relating to them, particularly from a capital market regulator’s perspective. Given the breadth of the topic at hand, and in the interest of keeping to time, please allow me to focus particularly on current trends and difficulties faced in the capital markets.

DEVELOPMENTS IN ELECTRONIC COMMERCE AND CAPITAL MARKET REGULATION Developments in computer and information technology have made dramatic changes to the way the financial services industry operates. These changes are affecting and will affect every aspect of the financial services industry and offer the possibility of reduced costs in raising capital, greater efficiencies in the mobilisation of domestic and international savings and the provision of better, cheaper investment products more closely tailored to the needs of different investor segments. The convergence of computer and communications technology is promoting the development of computer mediated networks, allowing for users to communicate and transmit data and other information regardless of boundaries and distance. As communication costs continue to fall, the potential of outsourcing grows.

These changes will affect –

The way investment products are offered, distributed and marketed and the way in which investors access information about the products and entities involved;

The activities of financial services intermediaries, especially advisers, and the way they deal with investors;

The continued blurring of product and institutional boundaries, and even the scope of financial services sector itself as non-traditional entities take on some of the functions of financial intermediaries;

The methods of distribution and marketing of investment products which will increasingly draw upon the techniques of mass marketed consumer products; and

The way secondary trading in investment products takes place as greater scope for direct investor transactions and low cost competitors to established securities and futures markets becomes more of a reality.

Just as electronic commerce affects investors and providers of financial products and services, it will affect the role of corporations and capital market regulators. Just as electronic commerce facilitates activities across jurisdictional borders, it poses in clear terms questions about the practical enforceability of national laws. As well as practical enforcement questions, electronic commerce also raises issues about the role that capital market regulators should play and the effectiveness of many of the traditional regulatory approaches and mechanisms that have been employed by them. An example might be an offering of securities made without a prospectus or registration statement on the Internet by a person in a jurisdiction with which the capital market regulator has no regular contact or mutual enforcement arrangements. There are also concerns about illegal and fraudulent activity on the Internet.

In this regard, the Malaysian position is that it is committed towards a structured development of electronic commerce. Towards this end, Malaysia has proposed to introduce a National E-Commerce Masterplan. This Masterplan should focus on key initiatives which will create momentum in trading via e-commerce. Besides looking at developing the technological infrastructure such as telecommunications infrastructure and systems providing for electronic delivery of goods as well as payment, the Government is also aware that there are legal and regulatory issues which will arise with regard to e-commerce. Malaysia has introduced several sets of laws catered towards proper regulation of e-commerce known as ‘Cyberlaws’. The Cyberlaws which have been introduced include, among others :

(i) Computer Crimes Act 1997

This Act provides for a framework to counter computer offences such as unauthorised access to computer material, crimes of fraud and dishonesty through the computer, unauthorised modification of contents of a computer and so on. The Act is not limited by jurisdiction. It has effect outside as well as inside Malaysia. Where a computer crime is committed outside Malaysia in respect of computers or data in Malaysia or that which may be connected to or used in Malaysia, the crime may be treated as a crime within Malaysia and the perpetrator may be dealt with under the provisions of this Act; and

(ii) Digital Signatures Act 1997

This Act addresses issues of security and authenticity of electronic transactions and it allows for greater confidentiality and integrity of messages. It allows for businesses to use electronic signatures instead of hand-written counterparts in legal and business transactions. The Act provides for the treatment of document signed with a digital signature created in accordance with this Act to be treated as legally binding as if the document was signed with a handwritten signature.

The development of an effective regulatory framework is essential in attracting and maintaining confidence for the world in trading with Malaysian counterparts via electronic means. The regulatory framework as it stands is currently incomplete as many other areas such as electronic banking and broking are still in the process of development.

To instil confidence, Malaysia must be able to provide for regulatory certainty and coherence as well as prevent regulatory capriciousness. In relation to financial services, a major consideration is cross-border implications. The Securities Commission, as an example, is currently looking at issues relating to Internet offering of securities and fund management and broking services over the Internet. A re-examination of current laws would need to be conducted to ensure that they have not been overtaken by technology and to restructure the laws so that they are technology neutral.

As far as the capital market is concerned, the Securities Commission recognises that electronic commerce is an area where it is important that the regulatory infrastructure responds in a positive and timely way to facilitate market developments and not hinder innovation in market products and processes. We believe that there are important benefits to be gained through the Commission’s facilitation of market developments in this area for the competitiveness of the Malaysian capital market, efficiencies in the operation of our capital markets and the better making of investors at lower cost. At the same time, the Securities Commission considers that it is important for the successful implementation of electronic commerce that investors retain confidence in the integrity of the market for investment products.

LIBERALISATION VS. PROTECTIONISM

On the issue of liberalisation vis-à-vis protectionism, there has been a proliferation of multi-lateral trade agreements since the middle of the century. Such agreements provide for a framework of rules within which nations are ‘obligated’ to assure other nations signatory to the agreement of a sovereign’s approach towards international trade. For example, Malaysia is a member of, among others, the World Trade Organisation through which it is a signatory to the GATS (General Agreement on Trade in Services) and GATT (General Agreement on Tariffs in Trade), APEC as well as ASEAN, all of which have the objective of achieving liberalised trading of goods and services within specified, albeit not immediate, time frames. Through these trade blocs, Malaysia has committed itself to progressive liberalisation which essentially entails a gradual opening of the economy to foreign participants.

The globalisation of economies is intrinsically linked to the internationalisation of the services industry. It plays a fundamental role in the growing interdependence of markets and production across nations. Information technology has further expanded the scope of tradability of this industry. Access to efficient services matters not only because it creates new potential for export but also it will be an increasingly important determinant of economic productivity and competitiveness. The main thrusts of the ‘services revolution’ are the rapid expansion of the knowledge-based services such as professional and technical services, banking and insurance, healthcare and education. Responding to this phenomenon, regulatory barriers to entry in service industries are being reduced worldwide, either through unilateral reforms, reciprocal negotiation or multilateral agreements. Developing countries such as Malaysia are increasingly looking at foreign direct investment in services as an especially powerful means of transferring technical and managerial know-how, besides attracting foreign capital and investment to the country.

Malaysia has made a commitment under GATS under legal services covering advisory and consultancy services relating to home country laws, international law and offshore corporation laws of Malaysia. Under the GATS commitments, commercial presence of foreign legal firms is not available except in relation to the Federal Territory of Labuan and in such a case, their services are limited to legal services given to offshore corporations established in Labuan. However, there are no limitations placed on the provision of legal service cross-border, that is, provision of such service from a foreigner without having a legal presence in Malaysia. This may be done via fax, telephone or the Internet. As stated before, most aspects of legal services does not need the physical presence of the service provider except perhaps where a court appearance is necessary. Furthermore, a Malaysian may obtain legal services abroad without any limitation either.

Malaysia is also signatory to the ASEAN Framework Agreement on Trade in Services (AFAS). The AFAS is an agreement made within the auspices of the GATS. In very basic terms, commitments under AFAS are GATS-plus which means that liberalisation of trade is accelerated within the ASEAN region under the AFAS as compared to the world at large under GATS. Its ultimate aim is to achieve regional integration and free flow of services within the region. In achieving integration and free flow of services within the region, many issues would need to be ironed out. Issues such as harmonisation of professional standards, acceptable levels of accreditation between member countries, movement of labour in relation to provision of these services, licensing and certification of service suppliers are still under intense discussion within the Member Countries. Taking into account the different levels of economic and regulatory maturity of Member Countries within the ASEAN, it is understandable that it would be a long process of consultation before a consensus may be achieved.

LIBERALISATION OF CAPITAL ACCOUNT

A most obvious impact of globalisation of trade are pressures exerted on developing nations to liberalise their financial markets and capital accounts. However, it is important to recognise that domestic and international financial liberalisation heighten the risk of crises if not supported by prudential supervision and regulation and appropriate macroeconomic policies. Domestic liberalisation, by intensifying competition in the financial sector, removes a cushion protecting intermediaries from the consequences of bad loan and management practices. It can allow domestic financial institutions to expand risky activities at rates that far exceed their capacity to manage them. By allowing domestic financial institutions access to complex derivative instruments it can make evaluating bank balance sheets more difficult and stretch the capacity of regulators to monitor risks. External financial liberalisation in allowing foreign entry into the domestic financial markets may facilitate easy access to an abundant supply of offshore funding and risky foreign investments. A currency crisis or unexpected devaluation (such as in the Asian crisis) can undermine the solvency of banks and corporations which may have built up large liabilities denominated in foreign currency and are unprotected against foreign exchange rate changes.

The ideal free market is one that every one should be free to enter, to participate in and to leave. However, events in the recent financial crises have led many of us to believe that in the freest of markets, there is a need to ensure that free flow of capital does not destabilise the market itself.

Indeed, calls for reform have gained increasing support and credence within the international community with the unfolding of the devastating effects of the crisis beginning mid-1997. The SC’s work within IOSCO’s Emerging Markets Committee has drawn attention to fundamental weaknesses in the existing global financial infrastructure that have caused and exacerbated these effects. These weaknesses include the inordinate power of highly leveraged institutions to move markets, the destabilising force of volatile short-term capital flows and the failure of existing credit assessment systems to adequately inform market participants of increasing risk of default.

One example of this mounting consensus was the express recognition by G7 countries at their recent meeting in Cologne of the need to strengthen the international financial architecture.

There are now increasing calls for greater transparency and regulation of hedge funds and greater awareness of the dangers of volatile short-term capital flows. To rebuild East Asia and the global economy, we now urgently need to engage in a sincere discussion about what constitutes sound governance in the contemporary world.

On the domestic front, we would have to ask ourselves this question: has our financial markets kept pace with change? Whilst markets have become global, applicable rules and regulations remain predominantly parochial or local. From a regulator’s perspective, the challenge for us in a global market is to design the regulatory and structural framework which will allow the market to function efficiently, competitively in a fair and level playing field environment, ensuring at the same time that the market is not subject to highly concentrated or destabilising forces that would disrupt its functioning.

The recent crisis also shows up the need for a careful and sequenced approach towards liberalising a country’s capital account. The experiences of Thailand, Korea and Indonesia clearly tells us that there is no prescribed formula on sequencing. However, it is important to recognise that countries vary greatly in their levels of economic and financial development, in their institutional structures, in their legal systems and business practices, and their capacity to manage change in a host of areas relevant for financial liberalisation. It is in recognition of this that the IMF policy-setting committee and subsequently the Finance Ministers and central bank governors of the G7 industrial nations, in the fall of 1998, stressed that a country opening its capital account must do so in an orderly, gradual and well sequenced manner.

Issues of liberalisation versus protectionism would need to be considered at great length to ensure that a country is competitive in a global trading environment. In a developing nation such as Malaysia, a protectionist policy towards local financial services industry and industry participants have been adopted to assist the local industry to develop to international standards. In the area of financial services, for example, the Government’s stance has been that consolidation of local financial services providers is necessary to ensure the development of a core group of strong and stable financial institutions to be able to withstand international competition when the financial services markets are opened to international participants.

Indeed, the Malaysian experience clearly shows that a premature freeing up of the capital account, which was done in 1988, without the requisite reforms and institutional arrangements in order to withstand the shocks, can result in debilitating effects as was faced in the Malaysian financial services industry.

MALAYSIA'S EXPERIENCE

Perhaps the most important lesson learnt from the Asian financial crisis was the interdependence of financial markets. Even the most developed economies were not spared of the effects of the financial turmoil which began as a result of Thailand’s default on its eurobond issue in February 1997. By May, 1997, the Malaysian Ringgit was under severe pressure from currency speculators and interest rates had risen from between 7% to 9%. It was reported that Bank Negara Malaysia expended about RM1.2 billion of its foreign exchange reserves to try to stave off the attack of currency speculators. However, this was the first of many repeated attacks on the currency.

The effects of the currency crisis began to take its toll on the country in 1998. Interest rates were rising to above 11% and the Ringgit had dipped to an unprecedented low of RM4.71 in January, 1998. All sectors of the economy experienced severe contraction as access to liquidity and credit became more scarce. Bank Negara had made many attempts to quell the effects of the financial crisis through imposition of tight monetary policies and attempts to ease credit to certain sectors of the economy to no avail. But the avalanche would not stop.

Malaysia’s sovereign credit rating was downgraded by international rating agencies to just above so-called junk bond status. Malaysia was facing a serious credit squeeze. Raising international capital was prohibitively costly. Flight of capital from the country resulted in a sharp decline in the stock market which fell to levels of 250 before bottoming out in the second half of 1998.

As many of you are aware Malaysia’s response to the crisis was one that was totally unexpected by the global community. The Government decided that it needed to protect the economy from increasing global pressures on the Malaysian economy. On 1 September, 1998 the Government introduced selective exchange controls with the intention of curbing and preventing further manipulation and speculation on the Ringgit. The Ringgit was pegged at RM3.80. The Government took further measures to discourage short-term flows of money by requiring that inflow of funds should remain in the country for at least one year. On 15 February 1999, this was replaced with an exit levy for repatriation of capital. The selective exchange control measures imposed by the central bank on 1 September, 1998 were directed towards reducing the internationalisation of the Ringgit by eliminating access to Ringgit by speculators and reducing offshore trading of the Ringgit. This involved the introduction of rules relating to the external account transactions of non-residents and currency of settlement of trade transactions. However, general payments, including movement of funds relating to long-term investments and repatriation of profits, interest and dividends remain unaffected. Payment for the import of goods and services must be made in foreign currency. All export proceeds must be repatriated back to Malaysia within six months of the date of export and proceeds from exports must be received in foreign currency.

The selective exchange control regime is intended to provide the time and opportunity for the Government to institute the necessary financial reforms in the Malaysian financial markets. This is in fact in progress in the work of Danamodal (the equivalent of the Resolution Trust Corporation of the US) to alleviate non-performing loan from banks’ balance sheets and Danamodal which is to recapitalise the banks. The Government is also committed to consolidating the domestic financial services industry in having few but strong and viable financial services providers in order to be prepared for financial liberalisation.

GIVING CERTAINTY TO INTERNATIONAL FINANCIAL TRANSACTIONS AND PROTECTION TO FOREIGN INVESTMENTS

International trade and finance, because of its global nature, necessarily involves many areas which may give rise to uncertainty as to the applicability of the contract under which certain trade and financing arrangements are made. These areas range from political issues and political stability to sovereign intervention of the economy, certainty of applicable laws as well as independence of the judiciary.

The Asian lawyer will be fascinated by the rapid changes which are taking place in foreign investment law both within this region as well as in the rest of the world. In less than half a century, the states of Asia have moved through a whole range of stances which could be adopted towards foreign investment. The immediate post-colonial period was characterised by a period of hostility towards foreign investment, motivated by the belief that the ending of economic imperialism alone will bring about true independence. The ensuing period was dominated by a debate about the regulation of multinational corporations and the fear that they posed a threat to state sovereignty. In this period, laws were devised to control the entry of foreign investment and the manner in which such foreign investment operated in the host country after entry. The third and present period is a period of pragmatism where the dominant view is that foreign investment, if properly harnessed, can be an instrument which generates rapid economic development. Competition for the limited investment that is available means that each state country which is bent on a foreign investment led growth strategy must make its laws as hospitable to the foreign investor as the other state which is also bent on a similar strategy.

As much as there is competition among countries to attract foreign investment, there is competition among multinational corporations to enter host countries. Whereas previously the market was dominated by large multinationals, now, there are small and medium enterprises which can transfer more appropriate technology and bring sufficient assets for investment.

This “open door” policy towards foreign investment in developing countries is typically achieved through careful screening of entry by administrative agencies which have been established for the purpose and regulation of the process of foreign investment after entry has been made. After entry, there is continued surveillance of the foreign investment to ensure that the foreign investment keeps to the conditions upon which entry was permitted. In this regard, attitudes to foreign investment protection and dispute resolution will be affected by the new strategies adopted towards foreign investment.

In the context of the new strategies which have been developed by controlling entry and the later surveillance of operations of foreign investment, the foreign investment has ceased to be a contract based matter and had become a process initiated by a contract no doubt but controlled at every point through the public law machinery of the state. The old notions of foreign investment protection which concentrated on the making of the contract and the contract as the basis of all rights of the foreign investor would inevitably become obsolete. This transformation which has taken place is crucial to the devising of effective methods of foreign investment protection. The subject matter of the protection has also changed in that not only physical assets of the foreign investor but his intangible assets which includes intellectual property rights as well as public law rights to licences and privileges have become the subject of protection.

The proposition that contractual provisions in an agreement concluded with a host country offer little protection to foreign investment must be qualified in a situation when a bilateral investment treaty has been entered between the state of the foreign investor and the host country. The result will be different, for the contract becomes effectively internationalised as a result of the existence of such a treaty. It is a basic proposition of international law that any matter that is essentially within the domestic jurisdiction of any state could be internationalised if it is made the subject of an international treaty. The existence of a bilateral investment treaty which covers the foreign investment then internationalises the whole process of foreign investment which would otherwise have been a process that takes place entirely within the sovereign jurisdiction of the host state. But, whether this result will follow depends on the terms of the bilateral investment treaty.

As a matter of general international law, the position seem to be that a contract between a party and host country must always be subject to a national legal system. Those who seek to prove the contrary have an onerous task of showing that his accepted proposition has undergone a change. There are a few usually uncontested arbitral awards which support the view that a foreign investment contract is subject to international law or some other supranational system.

Bilateral investment treaties are obviously regarded as important by both capital exporting and capital importing states. But, these treaties are not uniform and they do not have the ability to create any uniform law on foreign investment protection. But their existence adds to investor confidence and creates an expectation of investor protection. The importance of these treaties lies in the several results they achieve. The first is a signaling function about the national policy towards foreign investment.

Another advantage is that the foreign investment contract in the context of a bilateral investment treaties could have the effect of forming assets protected by the bilateral investment treaties. This will also include licences and other advantages obtained from the government during the course of the foreign investment. Whereas without the bilateral investment treaty these licences and advantages may have been without protection under general international law, they new receive protection as a result of the wide definition of property in the bilateral investment treaty. Whether the host country did intend that its administrative decisions be subjected to international review as a result of the treaty, will remain a moot point. But, it remains a possible result if the treaty.

In Malaysia, efforts have been made by the Government to ensure a level of certainty between international trading partners trading with Malaysian counterparts. The Government has expressly guaranteed that foreign companies acquiring equity participation in local companies would not be required to restructure its equity at any time[1]. Further to this, the Government has taken many steps to increase confidence of foreign investors in Malaysia.

INVESTMENT GUARANTEE AGREEMENTS (IGA”)

The Investment Guarantee Agreement protects parties involved in an international transaction from non-commercial risks such as nationalisation and expropriation. The IGA will provide a foreign investor with the following :

protection against nationalisation and expropriation;

prompt and adequate compensation in the event of nationalisation or expropriation under a lawful or public purpose;

free remittance of currency, profits, capital or other fees on investment;

settlement of investment disputes either through a process of consultation through diplomatic channels or if such process fails, for referral to the International Court of Justice. Disputes in connection with investments, under IGAs should first be resolved through local judicial facilities. In the event of failure to settle, it would be referred to the Convention on the Settlement of Investment Disputes or the International Adhoc Arbitral Tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law.

Malaysia has concluded IGAs with about 64 trading nations including trading blocs such as ASEAN and major trading partners such as the United States of America, United Kingdom, Germany, Taiwan, etc.

TRADE DISPUTE SETTLEMENT

Another aspect of international trade is the availability of acceptable dispute resolution form. Globalisation of trade obviously involves greater potential for generating international trade disputes. The international business community looks for prompt, economical and fair conflict-resolution mechanisms. Negotiation, conciliation, litigation, and arbitration are well-known conflict-resolution devices. Direct negotiations and conciliation may resolve a conflict. However, when parties fail to solve the controversy through direct negotiations, they have two choices: litigation or arbitration.

Within the context of the GATS, there is an express provision for trade settlement dispute where countries have disputes in relation to commitments made under the agreement. The WTO have provided for procedures in relation to a dispute settlement process. The dispute settlement procedure is considered to be the WTO's most individual contribution to the stability of the global economy. The WTO's procedure underscores the rule of law, and it makes the trading system more secure and predictable. It is clearly structured, with flexible timetables set for completing a case. First rulings are made by a panel, appeals based on points of law are possible and all final rulings or decisions are made by the WTO's full membership. No single country can block a decision.

Malaysia is also signatory to the Convention on the Settlement of Investment Disputes established under the auspices of the International Bank for Reconstruction and Development that establishes facilities for international conciliation or arbitration. Further to this, the Kuala Lumpur Regional Centre for Arbitration was established in 1978 with the objective of providing a system for the settlement of disputes for the benefit of parties engaged in trade, commerce and investments with and within the Asian and Pacific region.

In conclusion, as we draw close to the new millennium, it is indeed a challenge to us all to be able to grapple with some of the abovementioned issues and adopt appropriate responses.

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