Vanessa, my old school first generation 60GB iPod Video and trusted companion to block out the rest of the world when I am either studying, PMSing, or wallowing, is sick.

And the Apple people said she is beyond repair.



So I guess no more music videos, pictures, and notes while I try to factor in an upgrade in my cashflow. She is probably overworked.

Or just plain old.

I welcome my birthday month with the same easy and unfussy flair that my friends know pervade my usually neat freak self. As I am a fan of lists, I do have to celebrate the first of July with a wish list which hopefully everyone recognizes as hinting at giving me a place in their busy scheds.

Sappy Dramatic Gay Theme for my 27th Year: Dreams Do Come True

Ode to Temporal Wealth

1. Manduka eKO Lite Mat in moss or aqua
2. Aquazorb towel (just because the price tag of Yogitoes makes me cringe)
3. Sticker for Tosh, my trusted huge-ass laptop
4. Books 6-10 of Jim Butcher's The Dresden Files

Sway to Discordant Merriment

1. Lunch with my Family at Mano's Greek Taverna
2. Beach with my Best Friend at Anvaya Cove
3. Movie with my IEL classmates at SM IMAX Theater
4. Dinner with LP Cams, KC, and Lynn at Healthy Kitchen
5. Lunch with Rai, Reiz, Michico, Ria, and Kring at Red Kimono
6. Lunch with Kathy G. at Cyma
7. Hang with Patty, Xam, Lani, Kata, JR, Emil, and Catherine at Adarna Food and Culture
8. Dinner with Pam, Esel, Em, and Gin at Crisostomo
9. Dinner with Tanya, Daryl, Billy, Bea, Sam, Macha, Je, and AB at Old Vine

Wish upon Dancing Stars

1. Dedicate more time and energy for Bikram Yoga
2. Finally get over my caffeine addiction
3. Find time to volunteer for PAWS and to attend the PETA Volunteer Nights
4. Write more often
5. Patience, patience, patience

Cheers!

Misplacing Human Rights in the Pillars of Multilateral Trade Liberalization

By Emma Theresa N. Maglaque


The World Trade Organization thrives in a mission of lowering barriers to market access, faithful to its mantra of non-discrimination as defined by the most-favored-nation principle and the national treatment principle. While these two pillars ring of valiance, contemporary nuances in trade contextualized in a dynamic socio-political environment point to the reality of a necessity in accommodating preferential trade agreements and exceptions, particularly as developing economies and sensitive trade subjects enter the picture. Questions on the erosion of non-discrimination surface, with the presupposition that the concept of non-discrimination is primarily frozen in time, and that the principles carry with them a semblance of settled meaning. In practice, stare decisis is set aside to favor case-to-case approach, which then creates a line of decisions showing varying gradients of progressive thinking in achieving multilateral trade liberalization. To some scholars, difficulties and opportunity areas in carrying out the spirit behind non-discrimination hardly pose compelling critique in the soundness of the concept, given that the theory must be treated separately from the actors. However, complexity and struggles do not surface a mere imperfection in the human aspect of non-discrimination – they point to a clear question of practicability and relevance.

A striking reality in the application of non-discrimination in the tenets of the WTO is the apparent absence of recognition of the human rights perspective in multilateral trade liberalization. It appears that interventions towards lowering barriers to market access are conceptualized and accomplished with a hollow sense of human rights, in that the human rights-based approach to process and substance is hardly mentioned as if it could be divorced from state economic concerns and relations. At best, human rights are mentioned as hiccups that plague the WTO in the social sphere, courtesy of strong civil society groups and grieving developing economies.

Imbibing a rights-based approach to non-discrimination entails recognition of state obligations at the forefront, and employment of the principles of most-favored-nation and national treatment as guiding forces in crafting means of discharging said obligations. The idea is to create a two-level system in fostering an atmosphere that allows full enjoyment of rights: (1) internal mechanisms of each state, and (2) universal mechanisms and cooperation among states. While it may be argued that the WTO is not the relevant unit tasked with reconciling the various classes of rights with trade and economy, human rights pervade state obligations that cannot be categorized in a vacuum. This is particularly crucial in consensus-building among states in rounds of negotiations and discussions; as the state acts for the people in which it draws authority and existence, representatives must wear a human rights lens to appreciate state economic wealth without bargaining levels of basic entitlements.

The danger of a myopic appreciation of non-discrimination becomes a compelling issue given what appears to be an imbalance in the distribution of powers within the WTO. The WTO has designed a system of application of non-discrimination principles sensitive to the unique plight of developing economies. However, the crafting of preferential trade agreements and the application of exceptions remain faithful to the most-favored-nation principle and the national treatment principle even when the grant of these agreements and exceptions between states of wide disparity in economies is laced with a political agenda favoring the dominant party and approaching a prostitution of the ailing party. The wide discretion allowed to parties, the minimal coercion pressed by dispute resolution, and the varying definitions of tests and key words in the GATT/WTO create an atmosphere permitting arrangements faithful to the tenets of the WTO to be dangled in the faces of developing economies with little to bargain save for cooperation – a cloak to compromise sovereignty and entitlement of people. Opportunity areas in which the rights-based approach could aid in serving as an analytical framework would be defining tests in application of certain provisions of agreements and in designing an effective dispute resolution structure – both of which in the present appear to rely heavily on the case-to-case approach and the changing personalities, ideologies, and sensibilities behind panels.

The place of human rights in multilateral trade liberalization and notable aim of the WTO is at the core – it is not an issue that merits handling in the same manner as emerging trends in services and commerce, which are treated distinct from the heart of the WTO and the concept of non-discrimination. Instead, the place of human rights pervades the understanding of and the motivation behind the most-favored-nation principle and the national treatment principle, such that it laces the lifeblood of the WTO in rightful recognition of the impossibility of divorcing human rights from economy and trade.

The concept of human rights lies in the heart of each state, acknowledging the element of people and the obligations impossible to divorce from a state’s being; hence, the concept of human rights is central in an organization that draws its existence in coming together of states.

The Place of Universal Governance
in the Movement towards Regional Arrangements

By Emma Theresa N. Maglaque


The World Trade Organization (WTO) and its predecessor the General Agreement on Tariffs and Trade (GATT) have been borne out of an age coping with the aftermath of the Second World War. Rooted in the principle of comparative advantage refined by the lessons culled from the global strife, these agreements have relentlessly insisted on non-discrimination, with the most favored nation (MFN) treatment at its core. The agreements proffered a vision that was both opportune and ambitious, and member economies strove towards its fruition in rounds of negotiations lasting years.

Decades later, the evolution of the world politico-economic climate appears to define issues and concerns dissimilar to those with which the post-war globe struggled. Glaring disparity among economies and recognition of shared aims amongst neighbors and economic equals created an atmosphere that demonstrated the inadequacy of the WTO to provide prompt action and rewarding concessions. This fissure contributed to the emergence of regionalism.

Although the old GATT was not insulated from regionalism, the current economic environment seems to challenge the bounds of non-discrimination as economies resort to partnerships that eventually swing the balance of powers in the WTO negotiations. For instance, the European Economic Community (EEC) grew into the European Union in 1993, and is currently composed of 27 strong economies trading under a management structure distinct from the WTO. The Canada-United States Free Trade Agreement (FTA) progressed into the North American Free Trade Agreement (NAFTA) in 1994, adding Mexico under its wing. The Argentina-Brazil Integration and Economic Cooperation Program developed into the Mercosur in 1991, bringing together Argentina, Brazil, Paraguay, and Uruguay under a common market, with Bolivia, Chile, Colombia, Ecuador, and Peru as associate members. East Asian economies and ASEAN member states are respectively working on putting their vision of creating a trade bloc into reality. 19 agricultural exporting countries created the coalition called the Cairns Group while Africa and Middle East came forward with the 15-nation South African Development Community (SADC).

The growing list of regional arrangements challenge the wisdom and the practicability of non-discrimination in trade, putting into question the relevance of the WTO and the concept of universal governance in light of the current norm.

In breathing new life into the WTO, member economies may either (1) engage in direct combat with regional arrangements or (2) renew the significance of universal governance in creating continuous flow of opportunities and in improving economic well-being, particularly that of developing countries.

1. Engage in direct combat with regional arrangements – The WTO may opt to meet head-on the terms in which regionalism thrive in order to dissolve the benefits allowed by preferential treatment inherent in regional arrangements. The necessary intervention in this regard may take the form of reducing tariff rates and non-tariff measures, especially touching on areas of conflict like agriculture, services, intellectual property, technical regulation and standards, safeguards, and environmental preservation. The two-pronged test is to craft a timely proposition to fuel negotiations while staying true to the cornerstone of non-discrimination. Given a sluggish decision-making structure and a consensus-driven framework, the probability of prompt generation of output appears bleak and conflict-laden.

2. Renew the significance of universal governance – The WTO may opt to evolve into a strong body complementing existing regional groups. The WTO/GATT emerged to assist economies in trade liberalization through a series of negotiations that led to a codification of policies. While the terms of these policies are binding on agreeing parties, they hardly create an atmosphere fostering integration and harmonization between members. This may be because of the inherent dynamism of a global trading system and the yawning disparity in economic health of countries. While the concept of non-discrimination and the shared aim of trade liberalization unify member economies enough to come together into rounds of negotiations, the WTO must find a compelling similarity or thinking framework that accommodates different economic agenda and trade contributions in order to balance the powers present in the negotiation table. Smaller groups rooted on a regional basis appear to have done this, which may be the reason why regional arrangements tend to inspire a strong sense of membership and a clear economic purpose churned out in a relatively short span of time. While a definite action plan is evasive, certain matters may be reviewed:

a. Trade dispute adjudication process – The WTO merely settles disputes with the aim of preserving consensus and developed agreements, and not with the mindset of achieving a desired outcome, i.e. trade liberalization rooted in comparative advantage. To refocus its value to member economies, the WTO must provide a mechanism that respects domestic policy and statehood while protecting member economies from violations. This mechanism must be guided by clear standards and practicable safeguards.

b. Balance of power – Apart from a semblance of economic equality among members, regionalism unifies economies that taken alone would likely drown in the drone of negotiations. Regional arrangements provide collective power that enhances the perspective and the bargaining chip of each member economy. The WTO must look into creating an atmosphere that minimizes the need to coalesce to bring forth concerns and issues.

c. Schedule of rounds of negotiations – The pace by which the WTO acts may be attributed to the need to reach a consensus. While proceeding on a consensus is sound, the WTO must organize in regular and periodic stages to provide an avenue to discuss opportunities and incentives.

The place of universal governance in the movement towards regional arrangements finds weight in blossoming from a lethargic legalist into an active advocate that inspires vigor and unity in a diverse pool of economies towards a clearly defined vision driven by strong political will.

I honestly love the taste of fruits and vegetables - unadulterated, unmasked, untamed, and unviolated. So while I hear some get their protein fix through meat substitutes and tofu abuse, I do mine through soy protein powder and nuts. But everybody close to me would know how much of a slave I am of Starbucks - soy latte or green tea soy latte (no classic syrup) - so I guess I would hardly qualify as the bastion of healthy living.

So I thought that since I have been pigging out on blanched vegetables and fresh fruits and have been raving about that diet for the longest time, I should just do raw veganism deliberately. Of course, I still stand by my mantra - go with principle, not perfection. So I will not claim to be purist about it, but I will do the best I can.

I am currently in touch with Monica Siembor, whose discipline and utter positive vibe radiate through leagues and miles, to help me shape a healthy raw vegan diet.

In any case, yesterday marked the first day I successfully banished caffeine from my system. I sure hope organic rolled oats would not violate the principle of raw veganism, or else I would weep. I had oats for breakfast, mixed fruits and vegetables for lunch, and fruits for supper. I did visit Starbucks yesterday to study, but I ordered hot green tea instead.

In relation to my improved take on my diet, let me share with you one of the places close to my heart that he enjoys as well - The Fruit Store.

The Fruit Store is a quaint diner just behind Haagen Dazs and right in the middle of several dessert places. It exudes a light atmosphere with a dining ambience defined by a fresh garden assault on five senses typically used to heavy and complicated processed food. For personalities perpetually on a slimming diet, the first step inside The Fruit Store automatically convinces one that a right decision was made - that each bite would give one's body a break from the stress of city life...and that each calorie consumed would be well worth it in taste and in satisfaction.




The Fruit Store is not limited to dining in, but allows one to shop around even in bulk for home use. They offer shakes and juices, and even extend to heavy meals like waffles, fruit pasta, and fruit pizza.

I opted for mixed fruit bowl while he ordered oatmeal and fruits and grape and mango shake.



Considering that my incessantly audibly grumbling tummy is hardly satiated by salad, I found what I ordered filling and very satisfying. I did not find the need to order tea to conclude the meal. He was also very happy, although it was more of a prelude for him to a late dinner we have scheduled at Penang Hill.

Total damage: about P250

All in all, The Fruit Store is slowly becoming one of our default stops whenever we go to Greenhills, along with Fully Booked, Baker's Fair, among others.



The Fruit Store
Ground Level
Greenhills V-Mall
San Juan, Metro Manila

I look at the darkness fade into shades of blue as the sun wakes from slumber, and sadness chokes me.

I illogically inexplicably lost my spirit a few hours before I went to bed. Sleep denied me the comfort for which I pleaded.

So I woke up early, frowning at the prospect of going to school. Hell, I am even frowning at the prospect of going to yoga class.

I refuse to wallow.

Lost in a sea of noise and baseless unease, the spirit of a perfect morning is challenged by yet another encounter seducing annoyance.

Boundless love is rooted in blood, but comprehension may fail to flow in veins.

I lose myself in the morning outpour that revives the beauty of the day to come.

Gawd. For some reason, I feel so effing exhausted. And my appetite is bigger than ever hahahaha.

Anyway, after watching Terminator Salvation last night with the one who hopelessly and incessantly amazes me, I had to update my short list of all-time female crushes.

Yes, I did declare that my entry is totally banal, shallow, and brainless. But hey...my list of female crushes covers about 15% of my motivation for staying fit and focused. Haha.

New entry: Moon Bloodgood



All-time list topper: Liya Kebede



Let me bask in my pettiness.

Behold my virtual Post-It. No wonder I was so tense at yoga today.

1. Study for HSK;

2. Start wrapping up loose ends for Team 5, UP OLA;

3. Meet up w/ clients with material dates in the next 7 days (2 criminal cases, 2 civil cases);

4. Finish Laura's book;

5. Phase II of room spring cleaning;

6. Buy a decent blow dryer;

7. Clean up my meds drawer;

8. Update my other blog;

9. Enlist for the coming semester;

10. Finalize my teaching syllabi.

Target date to finish everying: 31 May 2009.

Okay. *does a Savasana*