Georgia Law Professor Cohen presents on “Nations and Markets” at Amsterdam ACIL-ESIL conference

Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law, was among more than 40 scholars from around the world who presented their scholarship earlier this month at at the International Economic Law and Security Interests Conference at the University of Amsterdam in the Netherlands.

Cohen spoke on “Nations and Markets” as part of a plenary panel entitled “The Public and the Private: Security Concerns and the Future of International Economic Governance.”

Co-hosts of the 2-day conference were the university’s Amsterdam Center for International Law and the Interest Group on International Economic Law of the European Society of International Law.

GGSS Professional development briefings in Brussels

BRUSSELS – Students taking part in the Global Governance Summer School went to Brussels today for professional development briefings. They were exposed to a range of practice areas, from non-governmental organization advocacy, to intergovernmental work, to private law practice.

The day began with a visit to the Unrepresented Nations and Peoples Organization (UNPO). There, students were treated to a dialogue on human rights lawyering with Ralph J. Bunche (left), UNPO General Secretary and Professor Diane Marie Amann. They discussed the work of the organization — advocating for the self-determination of unrepresented peoples and nations — and the day-to-day work of advocacy in a human rights organization.

Next, the group traveled to the new headquarters of the North Atlantic Treaty Organization (NATO). Steven Hill (fifth from the right, at right), Legal Adviser and Director of the Office of Legal Affairs, took students on a tour of the facility and provided an overview of the work of the Legal Office at NATO. He particularly focused on the text of the North Atlantic Treaty, emerging technologies, and contemporary challenges to the NATO alliance.

Finally, students heard from David Hull (JD ’83) and Porter Elliot (JD ’96) (left), partners at Van Bael & Bellis about private law practice in Brussels. They discussed the practice areas of the firm – primarily European Union competition law and trade law. They shared candid career advice with students, including their personal stories of going from law school in Athens, Georgia to law practice in Brussels.

The day concluded with a reception, graciously hosted by Van Bael & Bellis. The second annual Friends of the Dean Rusk International Law Center Reception, we were pleased to reconnect with alumni/ae and other European partners of the Center.

Tomorrow, the students will return to the classroom, and celebrate the 4th of July deepening their understanding of international law.

Dispatch from UNHQ: 63d session of Commission on the Status of Women

IMG_1290 (2)I had the pleasure of spending last week at the United Nations headquarters in New York City, attending the 63d session of the Commission on the Status of Women (CSW). CSW is an intergovernmental body “dedicated to the promotion of gender equality and the empowerment of women.” It was established by the Economic and Social Council (ECOSOC) of the United Nations in 1946. I am grateful to have served as an NGO observer on behalf of the American Society of International Law, which holds special consultative status to ECOSOC.

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CSW takes place annually over a two-week period. This year, CSW was chaired by Ambassador Geraldine Byrne-Nason of Ireland, and focused on the theme of “social protection systems, access to public services and sustainable infrastructure for gender equality and the empowerment of women and girls.” During the course of CSW, state delegates negotiate recommendations, or agreed conclusions, related to this theme. The draft agreed conclusions that were discussed during the 63d CSW urge states, as well as other relevant organizations and institutions, to:

  • strengthen the normative, legal, and institutional environment for gender equality;
  • address gender gaps and biases in social protection;
  • transform public services for gender equality and women’s empowerment;
  • make infrastructure investment work for women and girls; and
  • mobilize resources, strengthen accountability, and improve evidence related to the experiences of women and girls.

IMG_1353 (2)Beyond the formal meetings and negotiations, participating states and organizations present a dizzying array of side and parallel events during the commission. I attended many robust sessions, in particular those that dealt with women, peace, and security (WPS). These ranged from from conversations about increasing women’s participation in peace processes, to discussions on challenges facing the implementation of National Action Plans in the Arab Region, to presentations by national and NGO representatives on the challenges to the WPS Agenda ahead of its 20th anniversary next year.

IMG_1341This was my first time attending CSW. It was an incredible gathering, at which impassioned people from around the world worked to improve the the status of women and girls in a range of roles and contexts: participants included government officials, advocates and activists, religious leaders, teachers, and students.

The energy of the week was tremendous: at a town-hall meeting for NGO representatives with UN Secretary-General António Guterres, delegations took turns singing songs from their home countries while we waited for the Secretary-General to arrive. It was profoundly inspiring to see such a diverse collection of people – people with the common goal of achieving gender equality –  connecting, building alliances, and sharing experiences.

Belgium week of our Global Governance Summer School concludes on a (World Cup) celebratory note

LEUVEN – Final sessions of our 2018 Global Governance Summer School‘s Belgium leg came to an end yesterday, even as the country’s national team vaulted into the final four of the World Cup.

Day 5 of the summer school, devoted to Global Security Governance,  began with a lecture by Dr. Nicolas Hachez. He is a Fellow at the Leuven Centre for Global Governance Studies, University of Leuven, with which we at the Dean Rusk International Law Center, University of Georgia School of Law, partner to present the Global Governance Summer School. Hachez’ lecture began with an historical account dating to Aristotle, and ended with a survey of contemporary challenges to rule of law and democracy. (Just below, he listens to a response from Georgia Law student Brooke Carrington.) The presentation provided a valuable recap of many issues raised at the high-level RECONNECT conference our students attended earlier in the week.

Next, yours truly, Georgia Law Professor Diane Marie Amann, Emily & Ernest Woodruff Chair in International Law, one of our Center’s Faculty Co-Directors, and a founding Co-Director of the Global Governance Summer School. I introduced the concept of Global Security Governance, which incorporates within its analysis of human, national, and collective security insights from traditional international law subfields like human rights, the laws of war, and development law.

Our Center’s Director, Kathleen A. Doty, offered an overview of legal regimes related to disarmament and weapons control, including the Nuclear Non-Proliferation Treaty and the Chemical Weapons Convention. Then, as pictured at top, she led our summer school students – variously educated at Georgia Law, Leuven, and several other European institutions – in a spirited, simulated, multilateral negotiation for a new treaty to curb an imagined new development in weapons technology.

The week’s classroom component concluded with a lecture on “Global Governance, International Law and Informal Lawmaking in Times of Antiglobalism and Populism” by Leuven Professor Jan Wouters (right), Jean Monnet Chair ad personam EU and Global Governance, Full Professor of International Law and International Organizations, Director of the Leuven Centre for Global Governance Studies, and founding Co-Director of our summer school. Touching on concepts and issues introduced throughout the week, Wouters exposed shortcomings of classic international law. He further urged greater acceptance of the significance of informal lawmaking actors, norms, and processes, which form the core of global governance studies.

Leuven and Georgia Law students, faculty, staff, and friends then enjoyed a conference dinner, plus a live, and lively, screening of the Belgium Red Devils’ 2-1 World Cup victory over Brazil – then headed to Oude Markt to celebrate with other denizens of this lovely city.

Belgian Consul General de Baets featured at Global Atlanta luncheon

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Pictured at front, from right: Belgian Consul General William de Baets and Phil Bolton and Trevor Williams, respectively, publisher and managing editor of Global Atlanta.

For decades, we at the University of Georgia School of Law have welcomed collaboration with Belgium and its people and institutions. Even before 1978, when Belgium’s national airline became the 1st foreign carrier to fly nonstop to Atlanta, a Belgian attorney became the 1st foreign-trained lawyer to earn Georgia Law’s Master of Laws (LL.M.) degree. And thanks to the hard work and generosity of Georgia Law professors like Gabriel Wilner and our Center’s namesake, former U.S. Secretary of State Dean Rusk, we’ve partnered with leading Belgian universities to offer summer seminars on issues related to international  law and policy, often with a focus on European Union and transatlantic cooperation. That tradition will continue via this summer’s global governance school at the home of our partner, the Leuven Centre for Global Governance at the University of Leuven, one of Europe’s premier research institutions.

Thus it was a special pleasure to attend last Friday’s “Consular Conversations: Luncheon Interview With Belgium’s Consul General,” held at the Atlanta office of Miller & Martin, where Tom Harrold, Georgia Law alumnus and member of our Dean Rusk International Law Center Council, leads the International/World downloadLaw practice group. The event was part of a series of conversations sponsored by another Center partner, Global Atlanta.

Guest of honor was William de Baets, who’s served since last April as Belgium’s top diplomat in the Southeastern United States. In a wide-ranging conversation with Phil Bolton and Trevor Williams, Global Atlanta’s publisher and managing editor, de Baets explained he’d joined Belgium’s foreign service following 9 years as a Navy officer. Postings before his arrival at Atlanta included deputy head of mission in Côte d’Ivoire, Ethiopia, and Venezuela, and political counselor at Belgium’s embassy in Washington, D.C.

De Baets said that his office provides consular services and also engages in public and economy diplomacy; Friday’s conversation fulfilled the latter role. He spoke to a full house – a testament to the fact that Belgium ranks among the top 10 foreign investors in Georgia, which is home to more than 70 Belgian companies and more than 5,000 Belgian nationals.

Asked about Belgium’s renown as the home of Tintin and the Smurfs, not to mention 20th C. surrealists like René Magritte, de Baets recalled an artistic tradition that reaches back to the 16th C. Flemish master, Peter Paul Rubens. Additionally, Belgium did not gain independence until 1830; before that “the territory kept changing hands and was ruled by other people,” he noted. “We couldn’t speak up too much. We were saying yes and thinking no, or saying yes and doing what we wanted to do. It was a source of our humor – we couldn’t take ourselves too seriously.”

Again answering a question, de Baets spoke of his father’s participation in the resistance during Germany’s occupation of Belgium during World War II.

Flags of the 28 NATO member countries

Conversation then turned to Belgium’s role in contemporary matters. Regarding Brussels-based NATO (right), the defense alliance established 68 years ago by the North Atlanta Treaty, de Baets noted apparent disagreement within the new U.S. administration. Indeed, earlier in the week the South Carolina Governor tapped to become U.S. Ambassador to the United Nations, Nikki Haley, had called NATO “important.”

Although the United States can defend itself without NATO, Europe cannot, and so de Baets advocated strengthening the European Union’s security pillar to offset any weakening of NATO. Such alliances are essential for countries like Belgium and its neighbor, Luxembourg. Yet de Baets acknowledged difficulty in achieving the goal, given disagreement among EU member states – including Britain, even before its people voted in favor of Brexit.

Dubbing compromise a “Belgian export,” de Baets indicated that his country could a key role in aiding Europe’s efforts to resolve crises in financial and security sectors, as well as migration. The goal, he said, is to “strengthen our security without giving up our values.”

“Africa’s time”: Team members reflect on SE Model African Union summit

logoIt’s our pleasure today to publish this post, jointly written by the Georgia Law team that last week was named Best Delegation at the Southeast Model African Union, and so is eligible to compete in the 35th annual national competition in February in Washington, D.C. The 6 students on the team each won individual achievement awards at the event, which was hosted by the University of Georgia African Studies Institute and cosponsored by the law school’s Dean Rusk International Law Center. They write:

Introduction

“This is Africa’s time.”

So said the keynote speaker and Honorary Consul of Sierra Leone, Cynthia Jarrett-Thorpe, to delegates at the 20th Annual Southeast Model African Union, This was the beginning of what turned out to be an eventful competition. Over the course of the next 2-1/2 days we would be tasked with working together in various negotiations, in order to provide solutions to complex situations on behalf of the country we represented, the Republic of Niger.

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► Rebecca Wackym left, listens to statement by delegate from South Sudan

Rebecca Wackym, 1L, Executive Council

My role as a delegate for the Republic of Niger in the Executive Council was not only as an advocate for the interests of Niger, but also a servant to the interests of the entirety of the African Union. As a member of the Executive Council, I was not required to draft or advocate for a resolution. I introduced a hypothetical crisis situation caused by Boko Haram to the committees, who then had to create resolutions to solve the crisis.

Regarding the process, I had to work with other delegates in the Executive Council to first decide on how to setup the crisis in a way that would guide them to a solution while simultaneously, allowing each committee to achieve the goals set forth in the Union’s Agenda 2063.

The Executive Council ferociously debated how we wanted to achieve these goals in the context of the Boko Haram crisis. For example, we contemplated:

  • Would we ask the Committee on Peace and Security to involve states with more resources to combat Boko Haram?
  • Would we rather rely on our own resources, even though we had far less than the Americans?

I had to advocate for a position that struck a balance between safety and sovereignty of Niger and the goals of the Agenda. We eventually negotiated an agreement to ask the committees to formulate plans in a tiered manner, which put the African Union’s sovereignty first, but allowed for support outside of the Union.

However, our work did not end with tasking the committees. We also were tasked with creating a final report, called a “communiqué.” We had discretion to adopt an entire committee’s resolution, or certain parts, or to scrap the entire resolution and draft our own. At this point, we divided into groups so that we could discuss the edits, if any, that we wanted to make to the resolution. I was asked to look over the Committee on Democracy, Governance, and Human Rights’ resolution because the other delegates believed that my whole t3 months in law school afforded me more expertise in regards to judicial reform in the African Union. Drafting the communiqué might have been one of most hectic couple of hours, but with exceptional teamwork we churned out a comprehensive report.

My takeaway from this experience is that the diplomatic system works well when all the parties decide put the interest in solving the crisis above their own individual interests. The Executive Council ran efficiently when we all saw each other as colleagues working towards a common goal rather than a competition of whose interest would be given most prominence.

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From left, team members Shummi Chowdhury, Amanda Hoefer, and Chanel Chauvet

Amanda Hoefer, 1L, Committee on Democracy, Governance and Human Rights

I was fortunate enough to be able to participate in the 2016 Southeastern Model African Union Competition held at UGA, with the support of both the Dean Rusk International Law Center and the UGA Department of African Studies. I represented the Republic of Niger in the Committee on Democracy, Governance, and Human Rights, and helped with the drafting of four resolutions, addressing a wide spectrum of issues, including the scope and jurisdiction of the African Court on Human and Peoples’ Rights, the use of transitional justice as a means of compensating victims of human rights abuses, the reduction of corruption throughout the continent, and the African Union’s role in promoting economic growth throughout the diaspora.

The most rewarding aspect of this experience was working with undergraduate students with little experience in mock diplomacy; having participated in Model United Nations in high school, I was able to use my rusty knowledge of parliamentary procedure to help steer my fellow delegates to a rewarding and enriching resolution. Diplomacy competitions are an incredible opportunity to flex your teamwork muscles and to collaborate on creative solutions to complex problems; in a word, competitions like SEMAU are empowering. I enjoyed watching those in my committee who had never participated in a similar competition become increasingly confident in their public speaking and critical thinking skills, and loved having a chance to dig into complicated diplomatic problems myself.

I also enjoyed having the chance to learn about African culture and politics, having never had a particular opportunity to immerse myself in the topic before this competition. While preparing for the competition during the Fall semester of my 1L year was a bit stressful, my inner-diplomacy nerd jumped at the opportunity to do some research about Niger and the AU, and to delve into the complex policy problems that we were asked to face. I’m incredibly grateful to both Georgia Law’s Dean Rusk International Law Center and the University of Georgia African Studies Institute for their patronage and support in this endeavor, and look forward to competing again at the national competition in February.

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On behalf of Niger, Johann Ebongom (center) joins in discussion

Johann Ebongom, LLM, Committee on Economic Matters

The Model African Union is known as a competition in which student delegates represent their selected countries and develop an understanding of African issues from an African perspective. Practically speaking, the Model African Union is a simulation of the African Union Summit which occurs twice a year in Africa.

At the 20th annual Southeastern Model African Union competition, I had the opportunity to participate in the Economic Matters Committee. We convened on the afternoon of November 3, to discuss on two main agenda topics:

  • Promoting a balanced and inclusive economic growth: aspirations and implementation
  • Promoting a sustainable ecosystem and climate resilient economies: aspirations and implementation

The objective was to debate and engage in diplomatic principles and standards to ultimately resolve major economic issues currently harming African countries. Some of these issues include concerns of water resources and agricultural development, management of mineral resources, debt relief, energy and development, multilateral trade negotiations, and food security. The committee created a resolution that represented the majority opinion of the different countries present. Following negotiations, we presented the resolution to Heads of State and Government during the General Assembly on the last day of the event for their final approval.

The Delegation of Niger recognized that despite a sustained agricultural productivity growth, a large number of households continue to face food insecurity and malnutrition problems due to on-site effects of soil degradation and the mismanagement of revenues from the exportation of the continent’s natural resources. At this point, it was clear that our challenge would not only be that of enhancing our agricultural production to meet the increased food demands of the expanding population, but also to focus on the judicious use of soils in order to promote a sustained productivity in the foreseeable future.

Niger promoted the implementation of a tax, on the total revenue from natural and agricultural resources exportation, which would be deposited and managed at the level of the African Union through an African Fund for Development. The funds would then be distributed back across the continent to support integration-related projects which will lead to the inclusive economic growth of the continent. Niger supported this motion using the slogan:

“Give what you own for the benefit of the continent!”

Niger also reminded the delegation about the importance of a collective solution that would benefit the 54 African countries. We also urged the honorable house to vote for a resolution that will take into account the effects of the current Boko Haram security issue, which directly affects the economy of a number of western African countries, including Nigeria, Cameroon, Chad, and Niger. Niger was leading the negotiations and after long hours, a compromise was found! The resolution was adopted by a 2/3 majority of the house.

I had the honor of being promoted by the organizers of the competition as a “Parliamentarian Dais” for the rest of the session. As such, my role was to ensure the respect of for the rules and proceedings during the working session, and advise the Chair in maintaining the parliamentary order during the debates. I also had the opportunity to fill this role during the General Assembly of Heads of State and Government on November 5, 2016.

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► Nelly Ndounteng, right, seeks to intervene on behalf of Niger

Nelly Ndounteng, LLM, Committee on Social Matters

The 20th Southeast Model African Union (SEMAU) competition was a noble experience for me. I am delighted to have represented the law school as the Republic of Niger in this conference. As the representative for the Committee on Social Matters, I was tasked with the responsibility of providing a solution to:

  • Empowering the African Woman and Eliminating All Forms of Violence and Discrimination (Social Economic, Political) Against Women and Girls.
  • Eliminating Youth Unemployment and Promoting the Creativity, Energy and Innovation of African Youth as the Driving Force Behind the Continent’s Transformation.

I was especially excited to work on the sub-topic that dealt with African women because it required the committee to resolve matters concerning hardship, inequality and degradation suffered as a result of male counterparts.
It was my first experience using parliamentary procedure, and I must say I enjoyed every bit of it. During the first session, I decided to observe the proceedings in order to see how procedure was carried out. Once I was comfortable, I began participating, and later, took the lead, which made the whole experience more exciting for me.

My sincere appreciation goes to the founder of SEMAU, the organizers and most importantly, the Dean Rusk International Law Center for allowing me this great opportunity to promote Africa’s development.

Shummi Chowdhury, 1L, Committee on Pan-Africanism and Continental Unity

The Southeast Model African Union Competition (SEMAU) proved to be an eventful and rich learning experience to kick off my 1L career. I participated on the Pan-Africanism Committee as the delegate for the Republic of Niger. One of the important tasks we faced on the first two days of the competition was to read and scrutinize the resolutions from all the countries represented, and then engage in debate over the merits and drafting of the resolutions. Having been exposed to the concise and effective style of legal writing, I took an active role in drafting the two main consolidated resolutions that passed through our committee. This competition helped me reflect on my newly acquired skills and for the first time appreciate that all the work spent on my courses thus far actually have substantial application outside the classroom.

nigerThe part I enjoyed most during the competition however was in the negotiations that occurred. Everyone had a resolution, or an idea that they wished to promote. For me, I focused on human trafficking as it affects Niger, particularly in light of the Boko Haram crisis. In order to get my ideas drafted into a resolution, I had to work the room and speak to different delegates to find common ground and similar interests. I thoroughly enjoyed the process of negotiating and coming together with distinct parties to draft a resolution that satisfactorily acknowledged differing goals in a coherent manner.

Though the competition occurred in November, which is a very busy time for 1L students, I have no regrets and am thankful to have had the opportunity to participate. It really forced me to manage my time, so that I could focus on the competition and also stay on top of all the schoolwork and studying that is required to be successful in law school.

Chanel Chauvet, 2L, Committee on Peace and Security

As the delegate for the Republic of Niger in the Committee on Peace and Security, I was engaged in the intricate task of educating and debating my fellow delegates about the impact of Boko Haram and al-Qaeda within my state. According to the United Nations, more than 20,000 people have been killed, and 2.2 million people have been internally displaced as a result of the Boko Haram and al-Qaeda.

My primary focus however, involved the potential remedies that the African Union could provide through the use of education. One of the solutions that Niger emphasized in accordance to the “Achieving Freedom From Armed Conflict, Terrorism, Extremism and Intolerance by 2063: Aspirations and ecowasImplementation” topic was the implementation of international humanitarian law (IHL) within school and military curriculums. The International Committee of the Red Cross (ICRC) and Economic Community of West African States (ECOWAS) have considered how treaties related to IHL can be strengthened through the legal system, as detailed here; however, the organizations have yet to explore these other avenues of implementation. Educating the youth about the legal protections and obligations of parties involved and affected by conflict would ultimately serve to generate respect for treaties that promote IHL and prevent conflict.

Perhaps, what was the most difficult part about the committee process for me was the need to use of parliamentary procedure in order to communicate my points effectively to the other delegates. This required extensive knowledge of the rules and procedure, in order to redirect the committee to certain point favorable to my country. Fortunately, our team had laboriously practiced parliamentary procedure in the weeks leading up to the competition, so we were well-prepared.

Conclusion

Overall, we are grateful for this experience, and pleased with our team performance. We managed to earn the “Best Delegation” award, in addition to numerous individual awards.

We would like to express our sincere gratitude to the Dean Rusk International Law Center at the University of Georgia School of Law and our faculty advisor for extending this opportunity to us. We would also like to thank the African Studies Institute at UGA and its Director for his assistance.

Emerging security challenges require norm development, State lawyer says

IMG_5540At first blush, today’s security challenges may seem familiar. Yet they are new – emerging, in U.S. State Department parlance – because of the novel ways in which those challenges present themselves.

So explained Mallory Stewart (near right), Deputy Assistant Secretary of State for Emerging Security Challenges & Defense Policy, during her fascinating talk Monday at Tillar House, the Washington, D.C. headquarters of the American Society of International Law. We at Georgia Law’s Dean Rusk International Law Center were honored to join ASIL’s Nonproliferation, Arms Control & Disarmament Interest Group in cosponsoring Stewart’s talk, “Common Challenges to Diverse Security Threats.” (For the event video, see here.)

Stewart’s talk followed introductions by Kathleen A. Doty, Interest Group Co-Chair and our Center’s Associate Director for Global Practice Preparation, as well as opening remarks by yours truly (above, at right) respecting Dean Rusk’s arms control legacy.

Stewart pointed to technological change, in outer space and elsewhere, as one of the emerging challenges. Within this category was what is essentially garbage; that is, the debris left in outer space by state actors and, increasingly, nonstate/commercial actors, whose celestial flotsam and jetsam continue to orbit and present hazards to active satellites, space stations, and the like.

Another challenge is dual-use technology. Items as seemingly innocent as chlorine – a chemical essential to everyday cleaning – can become a security threat when deployed as a weapon, as is alleged to have happened during the ongoing conflict in Syria.

Yet another is ubiquity, the reality that technologies, such as cyber capabilities, are, literally, everywhere, and thus not easy to contain.

Containment – regulation – thus is difficult both to design and to effectuate. With regard to dual-use technologies, for instance, Stewart posed questions of intent: How, exactly, does one define and identify the moment that an innocent item is transformed into a weapon? What about attribution – in areas like cyberwarfare, how can the perpetrator be identified? How can attacks waged with such weapons be prohibited in advance?

Stewart gave due respect to the 20th C. arms control treaties that form the core portfolio of State’s Bureau of Arms Control, Verification & Compliance, where she practices. Nevertheless, stressing global interdependence, she stressed the need for more nimble forms of international lawmaking. To be precise, she looked to mechanisms of soft law, such as codes of conduct, as ways that states and other essential actors might develop norms for responsible behavior in the short term. In the longer term, if the internalization and implementation of such norms should prove successful, eventually legally binding treaties may result.

(Part 2 of a 2-part series; Part 1 is here.)