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52 Ways to Control and Conquer Stress
By: Steve Calechman
It's hard to say, exactly, what the worst part about stress is. Is it the tightness that starts somewhere around your solar plexus, then extends out to your toenails, earlobes, and cerebellum? Is it randomly snapping at innocent—and, occasionally, quite guilty—coworkers and loved ones? Is it sobbing quietly behind the closed door of a men's-room stall?
Uh, sorry, did we say that last one out loud?
The point is, stress attacks in all sorts of ways—which means that if you want to control it, contain it, conquer it, you need to fire back in kind. That's why we've spent the past several months devouring studies and cross-examining experts to find the 31 best stress-busting tips of all time. We won't lie—it was a bear of a job, and there were desperate moments when we thought we actually smelled smoke coming from the old cerebellum (see quiet sobbing in men's room, above). But when we sat down and read the advice we'd compiled—and then started following it—we suddenly felt much, much better.
Soon you will, too.
1. Drink More OJ
Researchers at the University of Alabama fed rats 200 milligrams of vitamin C twice a day and found that it nearly stopped the secretion of stress hormones. If it relaxes a rat, why not you? Two 8-ounce glasses of orange juice daily gives you the vitamin C you need.
2. Put a Green Dot on Your Phone
This is your secret reminder to take one deep breath before you answer a call, says Susan Siegel, of the Program on Integrative Medicine at the University of North Carolina school of medicine. Not only will you feel better, but you'll sound more confident.
3. Spend Quality Time with a Canine
Yours or someone else's. According to research at the State University of New York at Buffalo, being around a pet provides more stress relief than being around a two-legged companion. As if we needed a study to determine that.
4. Go to Starbucks—with Your Coworkers
Researchers at the University of Bristol in England discovered that when stressed-out men consumed caffeine by themselves, they remained nervous and jittery. But when anxious men caffeine-loaded as part of a group, their feelings of stress subsided.
5. Shake It Out
When you're facing that big-money putt, shake out your fingers, relieving the tension in your forearms, hands, and wrists and shifting your focus to the only thing you can control: your preshot routine. You won't think about making—or missing—the shot, says Alan Goldberg, Ed.D., a sports-psychology consultant in Amherst, Massachusetts.
6. Listen to Music at Work
And make it the blandest playlist you can create. According to a study at Pennsylvania's Wilkes University, Muzak lowers your stress levels at work, while also reducing the risk of the common cold. We knew Celine Dion had a purpose.
7. Shut Up and Smile
Freaking out about a speech? Smile, look at the audience, and keep quiet for 2 seconds, says T.J. Walker, president of Media Training Worldwide. It'll slow you down and create the impression that you're relaxed and in control. The audience will then feel more comfortable, leading you to actually be relaxed and in control. Now start talking. Unless you're a mime. In that case, as you were.
8. Talk with Your Hands
To keep calm in a job interview, rest your arms on your lap, with your elbows bent slightly, and have your fingers almost touching, says Walker. This will keep your body relaxed, which will keep your tone conversational.
9. Run Fast
Bike hard. Punch the heavy bag. And we don't mean your mother-in-law. A University of Missouri at Columbia study found that 33 minutes of high-intensity exercise helps lower stress levels more than working out at a moderate pace. What's more, the benefits last as long as 90 minutes afterward.
10. Hit the Sauna After Your Workout
In an Oklahoma State University study, those who combined sauna use with group counseling had greater stress relief, feelings of relaxation, and sense of accomplishment compared with those who only had their heads shrunk.
11. Remember the Lyrics to Your Favorite Song . . .
. . . name at least 30 states, or assemble the All-Time Band of Guys Named James (the James Gang doesn't count). In other words, give your mind any all-consuming challenge, as long as it has a definite finish—unending problems cause more stress, says Toby Haslam-Hopwood, Psy.D., a psychologist at the Menninger Clinic in Houston.
12. Lay The Journey to Wild Divine
It's a CD-ROM game that works like this: Three biofeedback sensors worn on your fingers sense your stress level and translate it into your ability to perform tasks such as levitating virtual balls or controlling birds in flight. The more you play, the more mastery you gain over your emotions. Go to wilddivine.com for more information. It sells for about $300.
13. Find a Breathtaking View
Now take a breath—and a good long look. You'll walk away from the brink with a sense of context and a bigger perspective, which will make the 5,000 things on your to-do list seem less daunting, says Allen Elkin, Ph.D., director of the Stress Management & Counseling Center in New York City.
14. Imagine You're on Who Wants to Be a Millionaire
When dealing with a screaming child in a car or any other acutely stressful situation, ask yourself how long you could listen to it if someone gave you $100,000, suggests Elkin. Suddenly, it's not so awful, is it?
15. Say You're Sorry
What, now the kid is screaming on a crowded airplane? Immediately apologize to everyone around you. By acknowledging that you may have made a mistake or hurt someone else, you can help clear the air, and that will reduce your stress level, says Charles Emery, Ph.D., an associate professor of psychology at Ohio State University.
16. Forgive
Now someone else's kid is screaming on a crowded airplane? And the mom is too wrapped up in this week's People to do a thing about it? Let it go, says Carl Thoresen, Ph.D., a psychologist at Stanford University. Realizing that you can't control someone else's behavior is difficult, but it's one of the best ways to destress.
17. Add Trees to Your Commute
Even if it takes you out of your way, it may make your ride less stressful. An Ohio State University study found that scenic drives were more calming than those involving strip malls and endless, disheartening asphalt.
18. Water a Plant
It's nurturing, it doesn't take up much space, and for 10 seconds, the world is not about you, which can be a huge psychological relief, says Elkin.
19. Ditch the Dingy Shower Curtain
And hang up something in a cool color like green or blue. According to Leonard Perry, Ph.D., an extension professor at the University of Vermont, cool hues are more soothing.
20. Schedule Medical Tests for Early Morning
Rather than spend the entire day anxious about an afternoon DRE, get fingered first thing in the a.m., when your cortisol levels are already naturally elevated, says David Spiegel, M.D., medical director of the Stanford Center for Integrative Medicine.
21. Meditate
Researchers at West Virginia University found that 35 participants who underwent "mindfulness meditation" saw a 44 percent reduction in psychological distress over 3 months. Just sit quietly for 10 minutes a day and focus on your breathing.
22. Find a Shoe-Shine Guy When Your Flight's Delayed
Walking lessens the frustration, and having a destination keeps your mind busy, says Michael Nuccitelli, Psy.D., a psychologist in Brewster, New York. You'll also have fine-looking shoes. And if this magazine has taught you anything, it's that ladies notice fine-looking shoes.
23. Call Your Travel Agent When the Boss Calls You on the Carpet
Not only will you see the calming light at the end of a stressful tunnel, but your work will improve, says Srini Pillay, M.D., director of the Panic Disorders Research Program at McLean Hospital in Belmont, Massachusetts. Schedule the trip far enough ahead so it doesn't look like a reaction to the blowup.
24. Put a Hole in a Tennis Ball and Squeeze
Let the tension build up in your hand and the rest of your body, then release. This increases relaxation, Elkin says. Tennis balls are those yellowy things people hit around in the '70s and '80s.
25. Have Sex
Either with or without a partner. An orgasm releases beta-endorphins, the body's natural, less punk-rock version of heroin, so you'll definitely be feeling no pain, says Nuccitelli.
26. Play in the Dirt
Want to be the MVP of your softball league? When you're batting with the winning run on base, step into the box, pick out a mark in the dirt, and rub it out with your foot, says Goldberg. By symbolically "rubbing out" the past, you'll focus on the now—and not the last three times you struck out.
27. Stop Checking Your Portfolio
A study of Hong Kong investors found that those who keep a close eye on their stocks are more likely to be stressed out. Instead, get educated at a site like fool.com. Those who saw the bigger financial picture felt better.
28. Call a Friend—on the First Day of a New Job
And take several brief breaks throughout the day. By slowing things down, you'll feel as if you have more control in the new work environment, and that will ultimately reduce your stress level, says Emery.
29. Add 10 Minutes to Your ETA
When you're stuck in traffic, call whomever you need to and tell them you'll be late—but add 10 minutes to your revised arrival time, says Dr. Pillay. Missing deadlines is stressful. Avoid missing another one.
30. Hold Your Girlfriend's Hand for 10 Minutes
A University of North Carolina at Chapel Hill study found that loving contact lowers blood-pressure and heart-rate responses in stressful situations. In the study, those who experienced contact were nearly twice as relaxed as the unloved, untouched group.
31. Give Up the Butts
Researchers on the European Board for Research on Nicotine and Tobacco found that nicotine suppresses the stress-fighting hormone serotonin. It also triggers the release of the chemical dopamine, which stimulates pleasure centers in the brain. The problem: Dopamine levels soon drop and leave the body craving more, making you incredibly anxious—and jonesing another smoke.
32. Remember, It's Not About You
Before you fire someone, depersonalize the situation. He's getting axed because he screwed up or the company has to shed weight. It's not your fault, Nuccitelli says. Give yourself 15 minutes beforehand to say this, until it becomes foremost in your thoughts.
33. Eat a Small Bowl of Whole-Wheat Pasta 1 to 2 Hours Before a First Date
A study in Alcoholism: Clinical & Experimental Research shows that taking in complex carbohydrates can help boost the brain's levels of the hormone serotonin. Impaired serotonin levels can lead to depression, anxiety, and aggression—none of which is attractive on a date.
34. Resand that Old Dresser
Harness your excess stress by tackling a large project that requires a lot of physical energy. "Next time you start thinking, I'm stressed, replace that thought with I have a high energy level—then use the energy," says Jay Winner, M.D., author of Stress Management Made Simple. Note: Foreplay counts as a large project requiring a lot of physical energy.
35. Press Your Dress Shirts
The repetitive motions of ironing can send you into a trancelike state, which puts your brain on autopilot and helps block out stressful thoughts, says Dr. Winner. And no more unsightly wrinkles!
36. Turn It into a Game
When you sense customer service/human resources/the insurance company starting to screw you, say, "Oh, I get it. They're trying to screw me. Let's see what happens." Now it's a game, not a personal attack. Your stress will go down with the shift in perspective, says Reef Karim, M.D., a psychiatrist at UCLA Neuropsychiatric Institute.
37. Predict the Future
Whether it's a woman you have to dump or a coworker you have to confront, anticipate all the outcomes—tears, screaming, excuses. Familiarity prevents surprises, and that slashes stress, Dr. Karim says.
38. Make a Schedule
If the boss suddenly dumps a big project on you, try not to say, "I can't do this. I'm gonna get fired." (Try particularly not to say this in front of your boss.) Instead, present him with a schedule outlining when things can be done. What was overwhelming is now under control and open to negotiation, says James Blumenthal, Ph.D., a psychologist at Duke University.
39. Stay Awake Till 3 a.m
Too stressed to sleep? Vow to stay awake for 30 minutes. You've removed the stress of not being able to fall asleep—which may relax you enough that you will fall asleep, says Bill Roedel, Ph.D., a professor of psychology at Bastyr University in Kenmore, Washington.
40. Get Out of Debt Denial
Maxed-out MasterCard? Do the no-duh obvious: Meet with a financial planner. According to a Virginia Tech study, those who received credit counseling saw their overall stress level move from "severe" or "overwhelming" to "moderate" or "low" 1 year later.
41. Drive Like Keith Moon
Not drunk, but drumming on your dashboard. A study in Advances in Mind Body Medicine showed that group drumming alleviated stress. A drum solo may bring similar benefits.
42. Find the Good
Missed a deadline? Appreciate what you learned about planning ahead. Kids kept you up with a stomach flu? Be grateful this is the only health woe facing your family. By finding the good in a stressor, you reduce the intensity, says Dr. Winner.
43. Buy the Right Kind of Christmas Tree
That is, not an artificial one. When the holidays approach, pick up a real Norway spruce or Scotch pine. The natural scent of pine is calming, says Janis Burke, an aromatherapist at Washington State University's college of nursing.
44. Rest Between Workouts
Overtraining can actually cause stress. According to a report in the Journal of Strength and Conditioning Research, excessive training elevates cytokine levels in the blood, which tells the brain to raise cortisol levels, which tells you to freak out!
45. Climb a Mountain
Unless you're afraid of heights. According to a Texas A&M study, rock climbers and hikers have lower stress levels than their less rugged peers. The same skills that help people navigate successfully through the wilderness may help them keep calm when navigating the office.
46. Hike the High Country
High-altitude air is charged with negative ions. "When you breathe them in, it's relaxing and rejuvenating," says Mark Liponis, M.D., medical director at the Canyon Ranch Spa in Lenox, Massachusetts.
47. Go for a Swim
During the day, your legs collect pools of lymphatic fluid, an excess of which can make you uncomfortable and irritable—until you take a dip, says Dr. Liponis. "It squeezes all the lymphatic fluid back into your heart and out through your kidneys," he says. Think of the postswim pee as liquid stress leaving your body.
48. Hold Your Tongue
When your annoying colleague decides to be annoying once again, tell yourself, I choose to be calm, says Siegel. Ah, now it's a choice, and you choose to be master and commander of the ship.
49. Unwind Online
Instead of surfing for porn at work, stay employed and go to stressremedy.com. Shut your door, turn up your speakers, and click on "Relax Now" for a 6-minute, audio-guided relaxation exercise based on deep breathing and meditation.
50. Grab Your Ears
Tug your lobes (lightly) and move them in circles in opposite directions for a count of 10, says Elizabeth Cornell, of the Muscular Therapy Center in New York City. The motion moves the tentorium membrane in your head, which can relieve stress. You'll also be in fighting shape for charades.
51. Chug a Big Glass of Cold Water
Because? Not sure, says Nuccitelli. "I have no idea why it works, but I've seen it be effective." Besides, when is it bad to be hydrated?
52. Find Your Smell
Aromas trigger strong connections to good memories, says Haslam-Hopwood. Unless you were forced to work in a bakery as a child, fresh bread works. Vanilla and orange are other options.
It's hard to say, exactly, what the worst part about stress is. Is it the tightness that starts somewhere around your solar plexus, then extends out to your toenails, earlobes, and cerebellum? Is it randomly snapping at innocent—and, occasionally, quite guilty—coworkers and loved ones? Is it sobbing quietly behind the closed door of a men's-room stall?
Uh, sorry, did we say that last one out loud?
The point is, stress attacks in all sorts of ways—which means that if you want to control it, contain it, conquer it, you need to fire back in kind. That's why we've spent the past several months devouring studies and cross-examining experts to find the 31 best stress-busting tips of all time. We won't lie—it was a bear of a job, and there were desperate moments when we thought we actually smelled smoke coming from the old cerebellum (see quiet sobbing in men's room, above). But when we sat down and read the advice we'd compiled—and then started following it—we suddenly felt much, much better.
Soon you will, too.
1. Drink More OJ
Researchers at the University of Alabama fed rats 200 milligrams of vitamin C twice a day and found that it nearly stopped the secretion of stress hormones. If it relaxes a rat, why not you? Two 8-ounce glasses of orange juice daily gives you the vitamin C you need.
2. Put a Green Dot on Your Phone
This is your secret reminder to take one deep breath before you answer a call, says Susan Siegel, of the Program on Integrative Medicine at the University of North Carolina school of medicine. Not only will you feel better, but you'll sound more confident.
3. Spend Quality Time with a Canine
Yours or someone else's. According to research at the State University of New York at Buffalo, being around a pet provides more stress relief than being around a two-legged companion. As if we needed a study to determine that.
4. Go to Starbucks—with Your Coworkers
Researchers at the University of Bristol in England discovered that when stressed-out men consumed caffeine by themselves, they remained nervous and jittery. But when anxious men caffeine-loaded as part of a group, their feelings of stress subsided.
5. Shake It Out
When you're facing that big-money putt, shake out your fingers, relieving the tension in your forearms, hands, and wrists and shifting your focus to the only thing you can control: your preshot routine. You won't think about making—or missing—the shot, says Alan Goldberg, Ed.D., a sports-psychology consultant in Amherst, Massachusetts.
6. Listen to Music at Work
And make it the blandest playlist you can create. According to a study at Pennsylvania's Wilkes University, Muzak lowers your stress levels at work, while also reducing the risk of the common cold. We knew Celine Dion had a purpose.
7. Shut Up and Smile
Freaking out about a speech? Smile, look at the audience, and keep quiet for 2 seconds, says T.J. Walker, president of Media Training Worldwide. It'll slow you down and create the impression that you're relaxed and in control. The audience will then feel more comfortable, leading you to actually be relaxed and in control. Now start talking. Unless you're a mime. In that case, as you were.
8. Talk with Your Hands
To keep calm in a job interview, rest your arms on your lap, with your elbows bent slightly, and have your fingers almost touching, says Walker. This will keep your body relaxed, which will keep your tone conversational.
9. Run Fast
Bike hard. Punch the heavy bag. And we don't mean your mother-in-law. A University of Missouri at Columbia study found that 33 minutes of high-intensity exercise helps lower stress levels more than working out at a moderate pace. What's more, the benefits last as long as 90 minutes afterward.
10. Hit the Sauna After Your Workout
In an Oklahoma State University study, those who combined sauna use with group counseling had greater stress relief, feelings of relaxation, and sense of accomplishment compared with those who only had their heads shrunk.
11. Remember the Lyrics to Your Favorite Song . . .
. . . name at least 30 states, or assemble the All-Time Band of Guys Named James (the James Gang doesn't count). In other words, give your mind any all-consuming challenge, as long as it has a definite finish—unending problems cause more stress, says Toby Haslam-Hopwood, Psy.D., a psychologist at the Menninger Clinic in Houston.
12. Lay The Journey to Wild Divine
It's a CD-ROM game that works like this: Three biofeedback sensors worn on your fingers sense your stress level and translate it into your ability to perform tasks such as levitating virtual balls or controlling birds in flight. The more you play, the more mastery you gain over your emotions. Go to wilddivine.com for more information. It sells for about $300.
13. Find a Breathtaking View
Now take a breath—and a good long look. You'll walk away from the brink with a sense of context and a bigger perspective, which will make the 5,000 things on your to-do list seem less daunting, says Allen Elkin, Ph.D., director of the Stress Management & Counseling Center in New York City.
14. Imagine You're on Who Wants to Be a Millionaire
When dealing with a screaming child in a car or any other acutely stressful situation, ask yourself how long you could listen to it if someone gave you $100,000, suggests Elkin. Suddenly, it's not so awful, is it?
15. Say You're Sorry
What, now the kid is screaming on a crowded airplane? Immediately apologize to everyone around you. By acknowledging that you may have made a mistake or hurt someone else, you can help clear the air, and that will reduce your stress level, says Charles Emery, Ph.D., an associate professor of psychology at Ohio State University.
16. Forgive
Now someone else's kid is screaming on a crowded airplane? And the mom is too wrapped up in this week's People to do a thing about it? Let it go, says Carl Thoresen, Ph.D., a psychologist at Stanford University. Realizing that you can't control someone else's behavior is difficult, but it's one of the best ways to destress.
17. Add Trees to Your Commute
Even if it takes you out of your way, it may make your ride less stressful. An Ohio State University study found that scenic drives were more calming than those involving strip malls and endless, disheartening asphalt.
18. Water a Plant
It's nurturing, it doesn't take up much space, and for 10 seconds, the world is not about you, which can be a huge psychological relief, says Elkin.
19. Ditch the Dingy Shower Curtain
And hang up something in a cool color like green or blue. According to Leonard Perry, Ph.D., an extension professor at the University of Vermont, cool hues are more soothing.
20. Schedule Medical Tests for Early Morning
Rather than spend the entire day anxious about an afternoon DRE, get fingered first thing in the a.m., when your cortisol levels are already naturally elevated, says David Spiegel, M.D., medical director of the Stanford Center for Integrative Medicine.
21. Meditate
Researchers at West Virginia University found that 35 participants who underwent "mindfulness meditation" saw a 44 percent reduction in psychological distress over 3 months. Just sit quietly for 10 minutes a day and focus on your breathing.
22. Find a Shoe-Shine Guy When Your Flight's Delayed
Walking lessens the frustration, and having a destination keeps your mind busy, says Michael Nuccitelli, Psy.D., a psychologist in Brewster, New York. You'll also have fine-looking shoes. And if this magazine has taught you anything, it's that ladies notice fine-looking shoes.
23. Call Your Travel Agent When the Boss Calls You on the Carpet
Not only will you see the calming light at the end of a stressful tunnel, but your work will improve, says Srini Pillay, M.D., director of the Panic Disorders Research Program at McLean Hospital in Belmont, Massachusetts. Schedule the trip far enough ahead so it doesn't look like a reaction to the blowup.
24. Put a Hole in a Tennis Ball and Squeeze
Let the tension build up in your hand and the rest of your body, then release. This increases relaxation, Elkin says. Tennis balls are those yellowy things people hit around in the '70s and '80s.
25. Have Sex
Either with or without a partner. An orgasm releases beta-endorphins, the body's natural, less punk-rock version of heroin, so you'll definitely be feeling no pain, says Nuccitelli.
26. Play in the Dirt
Want to be the MVP of your softball league? When you're batting with the winning run on base, step into the box, pick out a mark in the dirt, and rub it out with your foot, says Goldberg. By symbolically "rubbing out" the past, you'll focus on the now—and not the last three times you struck out.
27. Stop Checking Your Portfolio
A study of Hong Kong investors found that those who keep a close eye on their stocks are more likely to be stressed out. Instead, get educated at a site like fool.com. Those who saw the bigger financial picture felt better.
28. Call a Friend—on the First Day of a New Job
And take several brief breaks throughout the day. By slowing things down, you'll feel as if you have more control in the new work environment, and that will ultimately reduce your stress level, says Emery.
29. Add 10 Minutes to Your ETA
When you're stuck in traffic, call whomever you need to and tell them you'll be late—but add 10 minutes to your revised arrival time, says Dr. Pillay. Missing deadlines is stressful. Avoid missing another one.
30. Hold Your Girlfriend's Hand for 10 Minutes
A University of North Carolina at Chapel Hill study found that loving contact lowers blood-pressure and heart-rate responses in stressful situations. In the study, those who experienced contact were nearly twice as relaxed as the unloved, untouched group.
31. Give Up the Butts
Researchers on the European Board for Research on Nicotine and Tobacco found that nicotine suppresses the stress-fighting hormone serotonin. It also triggers the release of the chemical dopamine, which stimulates pleasure centers in the brain. The problem: Dopamine levels soon drop and leave the body craving more, making you incredibly anxious—and jonesing another smoke.
32. Remember, It's Not About You
Before you fire someone, depersonalize the situation. He's getting axed because he screwed up or the company has to shed weight. It's not your fault, Nuccitelli says. Give yourself 15 minutes beforehand to say this, until it becomes foremost in your thoughts.
33. Eat a Small Bowl of Whole-Wheat Pasta 1 to 2 Hours Before a First Date
A study in Alcoholism: Clinical & Experimental Research shows that taking in complex carbohydrates can help boost the brain's levels of the hormone serotonin. Impaired serotonin levels can lead to depression, anxiety, and aggression—none of which is attractive on a date.
34. Resand that Old Dresser
Harness your excess stress by tackling a large project that requires a lot of physical energy. "Next time you start thinking, I'm stressed, replace that thought with I have a high energy level—then use the energy," says Jay Winner, M.D., author of Stress Management Made Simple. Note: Foreplay counts as a large project requiring a lot of physical energy.
35. Press Your Dress Shirts
The repetitive motions of ironing can send you into a trancelike state, which puts your brain on autopilot and helps block out stressful thoughts, says Dr. Winner. And no more unsightly wrinkles!
36. Turn It into a Game
When you sense customer service/human resources/the insurance company starting to screw you, say, "Oh, I get it. They're trying to screw me. Let's see what happens." Now it's a game, not a personal attack. Your stress will go down with the shift in perspective, says Reef Karim, M.D., a psychiatrist at UCLA Neuropsychiatric Institute.
37. Predict the Future
Whether it's a woman you have to dump or a coworker you have to confront, anticipate all the outcomes—tears, screaming, excuses. Familiarity prevents surprises, and that slashes stress, Dr. Karim says.
38. Make a Schedule
If the boss suddenly dumps a big project on you, try not to say, "I can't do this. I'm gonna get fired." (Try particularly not to say this in front of your boss.) Instead, present him with a schedule outlining when things can be done. What was overwhelming is now under control and open to negotiation, says James Blumenthal, Ph.D., a psychologist at Duke University.
39. Stay Awake Till 3 a.m
Too stressed to sleep? Vow to stay awake for 30 minutes. You've removed the stress of not being able to fall asleep—which may relax you enough that you will fall asleep, says Bill Roedel, Ph.D., a professor of psychology at Bastyr University in Kenmore, Washington.
40. Get Out of Debt Denial
Maxed-out MasterCard? Do the no-duh obvious: Meet with a financial planner. According to a Virginia Tech study, those who received credit counseling saw their overall stress level move from "severe" or "overwhelming" to "moderate" or "low" 1 year later.
41. Drive Like Keith Moon
Not drunk, but drumming on your dashboard. A study in Advances in Mind Body Medicine showed that group drumming alleviated stress. A drum solo may bring similar benefits.
42. Find the Good
Missed a deadline? Appreciate what you learned about planning ahead. Kids kept you up with a stomach flu? Be grateful this is the only health woe facing your family. By finding the good in a stressor, you reduce the intensity, says Dr. Winner.
43. Buy the Right Kind of Christmas Tree
That is, not an artificial one. When the holidays approach, pick up a real Norway spruce or Scotch pine. The natural scent of pine is calming, says Janis Burke, an aromatherapist at Washington State University's college of nursing.
44. Rest Between Workouts
Overtraining can actually cause stress. According to a report in the Journal of Strength and Conditioning Research, excessive training elevates cytokine levels in the blood, which tells the brain to raise cortisol levels, which tells you to freak out!
45. Climb a Mountain
Unless you're afraid of heights. According to a Texas A&M study, rock climbers and hikers have lower stress levels than their less rugged peers. The same skills that help people navigate successfully through the wilderness may help them keep calm when navigating the office.
46. Hike the High Country
High-altitude air is charged with negative ions. "When you breathe them in, it's relaxing and rejuvenating," says Mark Liponis, M.D., medical director at the Canyon Ranch Spa in Lenox, Massachusetts.
47. Go for a Swim
During the day, your legs collect pools of lymphatic fluid, an excess of which can make you uncomfortable and irritable—until you take a dip, says Dr. Liponis. "It squeezes all the lymphatic fluid back into your heart and out through your kidneys," he says. Think of the postswim pee as liquid stress leaving your body.
48. Hold Your Tongue
When your annoying colleague decides to be annoying once again, tell yourself, I choose to be calm, says Siegel. Ah, now it's a choice, and you choose to be master and commander of the ship.
49. Unwind Online
Instead of surfing for porn at work, stay employed and go to stressremedy.com. Shut your door, turn up your speakers, and click on "Relax Now" for a 6-minute, audio-guided relaxation exercise based on deep breathing and meditation.
50. Grab Your Ears
Tug your lobes (lightly) and move them in circles in opposite directions for a count of 10, says Elizabeth Cornell, of the Muscular Therapy Center in New York City. The motion moves the tentorium membrane in your head, which can relieve stress. You'll also be in fighting shape for charades.
51. Chug a Big Glass of Cold Water
Because? Not sure, says Nuccitelli. "I have no idea why it works, but I've seen it be effective." Besides, when is it bad to be hydrated?
52. Find Your Smell
Aromas trigger strong connections to good memories, says Haslam-Hopwood. Unless you were forced to work in a bakery as a child, fresh bread works. Vanilla and orange are other options.
Thursday, 19 February 2009
The Black Book Of Executive Politics
What Office Politics Are All
About
Introduction
People who fail come in all shapes and sizes. In my years in business, I’ve seen them all. Some rose through the ranks quickly, only to stall and drop for good like
punctured balloons. Some were geniuses who were perennially underappreciated and
under rewarded. But most were simply hard-working people with good ideas and
instincts–like you, perhaps–who got stuck in permanent ruts and never quite scrambled
out to enjoy the light of day.
I’ve also seen a handful of people who–regardless of education, intelligence,
manners, appearance or other obvious factors–have had the knack of rising steadily
through the ranks and the staying on top through both fat and lean times. They were
people who, either consciously or instinctively, knew the art of political survival.
Early in my career I began to watch people, and I can tell you with certainty
what makes them different: The ability to question and discard some, if not all, of the
rules that snare and finally drown the people they leave in their wake.
What’s Holding You Back?
There are hundreds of rules our society tells us to accept blindly and never
question. Rules so ingrained in most of us since childhood, we don’t even feel the
crippling limitations they impose on our daily life. Rules such as these:
•
Good communication and cooperation gets more work done.
•
•
•
•
•
•
There are two sides to every question. (Variant: Everybody’s entitled to an
opinion.)
Behave consistently if you want other people to respect you.
Always insist on getting credit for your ideas–and on giving it when it’s due.
To get people to do things for you, you first have to get them to like you.
The best way to deal with other people is to treat them as you would like to be
treated. (Did anybody ever ask you to treat them the way you like to be treated?
Sure it’s the golden rule, but nine times out of ten it’s just as bad for others as it
is for you–or worse.)
Nonconformity has no place in business–you have to fit in and be a team player.
Do these opinions sound like an inventory of the mental baggage you’ve been
lugging around? If so, good. We’ve got something to work with.
A Note on Morals
I do not condone immoral or amoral behavior. What I do advocate, however, is
getting things done by throwing out an overblown, overly polite, crippling world view
that keeps most of today’s executives tripping over themselves to avoid offending other
people. I advocate acting aggressively and effectively–something that, in the end,
benefits everyone.
Will you take a chance with me? If I can get you to toss out or just bend one or
two of the stale, outmoded, useless ideas I’m about to impart in the following pages, I
guarantee your career will change in ways you’ll hardly believe. If you’re ready, here
we go.
Your Political Roadmap
B efore you can apply the techniques explained in this book, you’ll need an organized,
clear picture of the lines of power that exist within your workplace.
Start with a sheet of ledger-sized paper and follow these instructions. When
done, you’ll have a directory of up to 40 people–enough to list all your contacts if you
work for a small firm. If you work for a larger company, select the people you’ll
include based on a roster of your department and allied departments. Include every-
one with whom you’ll be likely to interact on the job. (A company phone list is a great
tool for this purpose.)
Start with the highest-ranking people. Write their names in a row across the top
of the page. Make a circle about two inches in diameter around each name. Allowing
space for comments. Beneath the top-ranked people, write the names of the people
who report to them, and continue down the chart past your level so that there is enough
room for one or two ranks of names beneath you. Note: If you have to list more than 25
people, arrange the slips on the ledger, then copy the names onto the master sheet
when you have arranged them according to rank.
Your next step is to write one or two of your impressions and comments about
each person in his or her circle. Be sure in include information about the type of
relationship you have with each one, interests you share, and potential areas of conflict.
Next–and this is the crus of the matter–indicate all reporting relationships by drawing
lines between the circles using a blue pen (some of the lines will have to be curved).
Using a red pen, draw lines to indicate any personal or strong political alliances you have
perceived between people, which may or may not coincide with reporting lines.
One each line, write one or two facts about the reporting relationship. Use a
pencil so you can update information when necessary. Examples: John reports to Mary,
but only on budget; Sue is too completely dependent on Elaine, and can’;t make a
decision without consulting her.
Don’t leave this roadmap lying around–it is a valuable political tool. It allows
you to visualize instantly all the relationships and cross relationships that exist in your
workplace, putting you at an instant advantage over people who try to carry around all
this information in their head. It gives you a view of the areas where you can exert
influence on people . . often without talking to them directly. It can even help you
chart a path to your next promotion or analyze power factions within your support
staff.
Don’t fail to update your roadmap every two or three days. When you’re
dealing with a large number of individuals, you’ll be surprised how frequently new
situations evolve.
You’ll be amazed at the power edge this tool will give you. But, after all, that
why you’re reading this book.
Your Personal Power Inventory
T o solidify your position and win advancement in today’s competitive business
climate, you have to apply all the abilities and assets you have at your disposal.
Don’t fall into the following patterns that used to be politically effective, but that fall far
short of the mark today:
•
Working harder and harder. Political advancement does require that you do an
excellent job to earn respect. But throwing hard work alone at the problem is not
enough.
•
•
Relying on a limited support base. You could build a system made up of a
limited group of friends from your college, community, or elsewhere. But using
this approach exclusively is too limiting and cuts off more support than it
provides.
Trading favors. The old back scratching can win self-advancement. This
approach has its usefulness as an isolated technique, but relying on it exclusively
turns you intro a caricature of an oily schemer.
Your Keys to Power
When thinking politically today, you have to uncover the many tools you
possess that you’re not using, overcome any resistance you may have to activating
them, then apply them aggressively in a structured pattern of getting ahead.
Consider the assets you may not be using:
•
•
•
•
•
•
Beliefs and interests. If you have strong political, moral, spiritual, or other
beliefs, don’t keep them a secret on the job. Hobbies, sports, and other interests
can also gain you an immediate set of connections.
Heritage. While discriminating against people makes you an anachronistic legal
liability, don’t be reluctant to take advantage of your cultural, religious, racial, or
national background when selecting a firm to work for or when building
alliances.
Education and schooling. Look for well-placed alumni of your alma mater.
Review what you studied to be sure you are not neglecting skills ort interests
that could help you rise on the job.
Appearance. An average appearance shouldn’t slow you down in business–but
if you’re better than average looking, you already stand apart from the crowd.
Don’t rely on good looks exclusively, but count them as an asset that can help
you look the part for a leadership role.
Linguistic ability. If you grew up speaking a second language or acquired
proficiency through study, you have a valuable tool. Use it to build ties to others
who speak the same language, and look for opportunities to help your business
move into foreign markets or establish ties abroad.
Community. Do you live in the same community as colleagues or members of
upper management? Sharing a commute–or some talk about town politics and
other community concerns–can strengthen a valuable alliance.
•
•
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•
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Home. If you can use your home to host power parties, why not?
Family. Don’t be reluctant to call upon your relatives for advice or help. And
sharing talk with colleagues about children’s schooling and other family matters
can establish a comfortable common ground with fellow workers. If your
spouse can offer advice to your colleagues on various concerns such as real
estate, investments, etc., don’t be shy about taking advantage of it.
Possessions. Do you collect paintings, cars, or stamps? Don’t hesitate to make
these interests known at work–you may find a network of other people who
share you interests.
Personality. You can build an alliance based on this elusive factor. Do you have
a keen sense of humor? Are you a hard-boiled skeptic or grump? There traits
can work for you. Look for people who share your outlook and stop by to laugh
about some recent event, or exchange grumpy thoughts.
Style. Are you a sophisticate, a jock, a chic dresser, a tweedy rumpled type, or
something else? You may have to make some stylistic modifications to survive
in certain businesses, but look for colleagues who share your approach–you’ll
experience a higher level of comfort and better communication with them.
Your Executive Style
I n order to advance, you’ll need to be taken seriously. Curiously, the most successful
people I have known have rarely shared an awful lot of traits, either physical or
intellectual, or attitudinal. What, then, is the style that draws leaders upward toward
the board room, and how can you acquire it?
•
Individuality. Don’t try to anticipate what other people might like–simply
espouse enthusiastically what you do. While sharing pursuits with others is
important, having an involved, enthusiastic life is what will make you attractive
to others–not whether they share all your interests and pursuits.
In an effort to cultivate corporate style, many young managers try to emulate the
attitudes, interests, and outlooks of all their colleagues. They try to fit in, and finally do
just that–right into pigeonhole-sized niches they built for themselves. My view: Trying
to conform to corporate culture is a mistake–if your business is inhospitable to your
style and way of thinking, trying to conform will only make you a fish out of water.
You’re in the wrong business.
•
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Standards. Carefully define what your business and personal principles really
are–then stick by them staunchly, no matter how difficult the circumstances.
Example: If you are fully committed to the profitability of your department and
it’s time to let some workers go, fire those who are least capable–regardless of
your personal feelings. Central issue: Do you want to make friends or earn
respect?
Focus. The ability to concentrate completely on a task and get it done is central
to gaining advancement. And unlike intelligence, this ability can be developed.
Focus is also the most important part of what is often called “executive pres-
ence.” To see it in action, observe the person of power in a meeting. While
others are veering off toward other issues, this person will not be dissuaded
from his or her goals.
Appropriateness. Treat serious issues with a serious attitude. While telling a
few jokes to blow off steam may break the tension of difficult situations, it will
make you appear uncommitted.
Sobriety. Nothing will undermine your credibility more quickly than having a
few drinks at lunch and returning to the workplace smelling of alcohol. Even
worse: drinking and acting out of character at a holiday party or picnic. What
you do at home is your affair–but what you do at work is your business. By the
same token, inappropriate romantic or sexual liaisons will push you right off the
corporate ladder (see Sexual Come-Ons in the Office).
How to Tell What a Person Can Do For You:
A Tale of Two Executives
T he most common mistake people make in deciding which contacts are the most
worthwhile is jumping to conclusions–failing to allow enough time to develop a full
picture of a contact’s strengths and connections. Here’s an example:
About 10 years ago, a firm I was working for hired two young marketing
executives whose duties, in part, included assuming the workload of an older, semi-
retired man. One of the young executives immediately dismissed the older man as a
has-been and started to propose all sorts of new programs and projects. The other
young executive realized that the outgoing man was a virtual gold mine of information
and political connections and started using him to establish a broad network of client
contacts. Today, the smarter young man is situated near the top of the company’s
structure. The other guy is right where he started–probably still making dumb snap
judgements that block his path to success.
So, if you’re wise (and you must be if you’re reading this book), pay attention to
the following points when deciding which contacts to cultivate and how to use them:
•
Do your homework. As noted above, the worst mistake is jumping to a prema-
ture judgement based on appearance or prejudice. Learn everything you can
about a contact’s history, both before joining the company and after. If appropri-
ate, simply ask the person about his or her history, activities, and ideas.
If you’re trying to learn about someone who is inaccessible because he or she
outranks you, your only means of gaining a picture of his or her influence is to ask
everyone you can about what the subject of your inquiry did in the past, and about his
or her major accomplishments. Ask about your subject’s management style, and about
the types pf subordinates he or she prefers to work with. Don’t forget to ask, too, about
education, interests, personal life, etc.
•
•
•
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Confirm your findings. In a casual way, confirm your findings with other
people. One technique: Say to another colleague: “We’re really lucky to have
Chris here, after she spearheaded the development of that successful line at
Plum Software.” Watch and listen carefully to gauge your confirming contact’s
reaction.
Hone your observations. Using the roadmap created before, begin to develop a
picture of the person’s responsibilities, reporting lines, and activities. As you
gather information, enter it into your roadmap. Note projects or programs the
person is currently overseeing, or has headed up in the past.
Go outside the firm. If my hunches are right, the smarter young executive in
the example above made some calls and learned that the older man’s expertise
was highly respected in the field. Fact: By going outside your firm, you’ll nearly
always learn things that you can’t learn within. For example, if your subject
brought an extraordinary amount of success to his or her former employer–a
success that your firm has never been able to match–odds are that someone
outside your firm will provide more detail about it than a co-worker will.
Consider the person’s status and age. No matter how much a young, fast-
moving manager may know, odds are that he or she won’t share the information
freely with you. The same may be true for middle-ager. It is a truism–but often
true nonetheless–that older managers are the most likely to be forthcoming with
help, ideas, and political assistance for people with the meat of their career still
ahead of them. You can cultivate the support of younger managers, but it will
usually take more time to achieve the same advantageous position that comes
more easily with many older colleagues.
Political Mistakes from Which
You Will Never Recover
N ow that you’re on your way toward building a bullet-proof political network, it’s
time to give you a list of things you shouldnever do. An unfortunate byproduct of
political structures is that they will network against you as well as for you if word gets
out that you’ve made a blunder.
Be especially careful of the following political gaffes:
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Bad timing. Before asking someone for help, consider whether your relation-
ship is ready to bear the weight of what you are requesting. Example: If you
haven’t progressed beyond establishing that you and your contact share an
interest in travel, it’s too soon to ask for help in winning a new sales territory.
Toe Stepping. Before you look to people for support, consider the positions
they occupy. Example: If a new territory or set of responsibilities is up for grabs,
asking the head of another department for help in winning them may be a
serious misplay if he or she is considering making a play for them also. Excep-
tion: If your alliance with them is exceptionally strong and well maintained,
asking for support can result in their dropping out of the competition, sometimes
without resentment. Alternatively, it may open up discussion of a mutually
beneficial approach to the problem.
Relying on foundations alliances. If you’re friendly and cordial with another
manager, that’s not enough to enable you to rely on him or her for strong
support. Be sure that there is a variety of other supporting factors–and a history
of cooperation–to add a foundation to your relationship.
Overusing an alliance. The more valuable an alliance, the less often you should
use it fro help with big projects. (Note: A strong ally will be working silently for
your interests in many small ways without your knowing it every day.) If you
walk into a highly placed colleague’s office too often to ask for a big favor, the
quality of your connection will erode quickly. Analogy: Think of an alliance as a
rechargeable battery–after using it, you have to energize it before tapping into it
again. After getting a favor, return a favor in a big way, or do some high-level
stroking to keep the alliance running strong.
Posturing. When trying to win support or influence someone, it is very dangerous
to infer that your project should be supported because you are strongly con-
nected to someone at the top. First, the inference is a threat. Second, if the top
person turns out to be a less-than-staunch supporter in this instance, you’re
going to lose face with everyone. Third, everyone will know that you are
•
strongly connected to the bigwig anyway, and will weight that information in
deciding whether or not to support you. Blowing your own horn only makes
you a blowhard.
Letting alliances lapse. If the very person who can help you is someone with
whom you used to enjoy close political ties–but you’ve been neglecting him or
her lately–it’s a serious blunder to count on picking up your former close
relationship where it left off. It is also a serious misplay to start currying favor
suddenly by taking the person out to lunch, calling him or her up to chat, etc.,
before making a pitch for support. Best: Maintain close ties to your colleagues,
letting none of them lapse. Next best: Come clean. Tell the person that you are
aware you haven’t been in close touch lately, but that you have good memories
of the projects you’ve shared in the past, and that you are calling to ask for
support. Strengthen this approach with an immediate offer of support for one of
your contact’s current concerns.
2
The Influence Game
How to Tell How Much Clout
an Opponent Really Has
A ll of us have gotten into neck-and-neck races with another department head or
executive. It can be as elemental as a two-person fight for one promotion slot, or as
complicated as a political struggle to increase staffing during crunch times.
In direct competition, you are comparing yourself to your adversary: your work
records, lengths of employment, a lot of things. But beyond all these variables–and the
sum total of them all–is the elusive factor known as clout.
Roughly defined, it is the degree of acceptance that upper management has
accorded to you–versus other people–based on your past efforts, personality, and
political strength. No two employees have the same clout. It’s one of the most impor-
tant factors in determining who will succeed in a life-or-death struggle.
Clout vs. Posturing
An insecure opponent will usually resort to posturing: alluding to connections,
dropping names, and bragging about how much he or she has contributed to the firm
in the past. Alternatively, a close political ally of your opponent may drop by to
convey this information to you indirectly.
If your adversary throws up this smoke cloud, don’t be discouraged. He or she
may actually be in a position of power. You won’t know until you confirm the follow-
ing information. Don’t be intimidated prematurely or you may lose the fight.
•
Activity. Is this person still on the same committees that he or she served on two
or three years ago?
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Connections. What personnel changes have occurred above the person? Did he or
she lose an umbrella of support when a close supervisor left?
Staff. How many people does this person supervise? Has this number gone up
or down over the last year? Over the last two years? Why did the people leave?
Positioning. Where is your company heading? Considering current company
policy and plans, compare the role of your department to that of your adversary.
For example, a head of marketing may have an advantage over a head of sales in
a firm that is moving away from field sales and into direct marketing promo-
tions.
Personality. If you find your opponent unpleasant, odds are that upper manage-
ment does too. Unless they need an ogre to do the job, you are probably at an
advantage.
Fighting Intimidation:
How to Spot Deceitful People
I t’s great to solidify your power and build your political network. The downside is
that you are going to become the target of carping from envious–and often mali-
cious–people who will try to intimidate you, bruise your self-image, and make you feel
your growing power is of no significance.
Your best strategy–the only one, really, if you’re going to win–is to study power
plays with objectivity and learn as much as you can. The wonderful truth is that they
offer you the chance to learn a tremendous amount about your enemies and oppo-
nents–far more than you could if they were silently dreaming up plots against you.
They’re making the mistakes, and you’re reaping the benefits.
Here are the most common types of detractors, and what you can do about them:
•
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Self-aggrandizers. These opponents routinely exaggerate accomplishments or
political clout. When the company president says good morning to them in the
hall, they come by to tell you they just had a policy meeting. Key: Over a period
of time, look objectively for discrepancies between what a person says and what
you see is happening. Perennial self-aggrandizers are generally not taken
seriously by anyone. Unless there are some mitigating factors (the posturer is
the president’s nephew, for example), you need not take them too seriously
either.
Insinuators. They engage in Iago-like intrigue. Example: Your opponent stops
by to tell you that the controller had to rewrite your quarterly earnings report
•
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because it was disorganized. A real snake may even infer that he or she is on
your side and offer to help you complete projects to avoid further trouble.
Defense: Confirm any reports directly with all those concerned. Insinuators are
dangerous because they’ll take their intrigue on to other people after they have
failed with you–they are also often highly magnetic people who gain credibility
with other people for awhile. Your best defense is to wait until this type of
person plays the same card too often and is exposed for what he or she is.
Mistake: Warning another employee that the insinuator is a chronic liar can drag
you into a morass of charges and countercharges.
Sleight-of-hand artists. This type tries to throw you off by providing some
spurious information. Example: Just before a meeting, he or she will tell you:
“That idea of yours will never get approved–the vice-president proposed the
same thing last year and it got shot down.” Defense: It’s hard not to fooled once
or twice by this type–especially if he or she is clever–but make sure you’re not
fooled from then on.
Strategists. When you’re cooperating on a project with this type, he or she says
there’s no pressure and starts off at a sluggish pace. When you follow the lead
and start slowly, he or she secretly catapults forward, finishes far ahead of you,
then turns in his or her work early to make you look like a snail. Defense: Do
your work at your own pace, and don’t be intimidated. Just because the strate-
gist thinks he or she is earning points with upper management by these antics
doesn’t mean it is the case.
Bullies. People who try to bulldoze or intimidate you are hard to analyze. Your
best defense is to assess their clout objectively, and firmly stand your ground
despite all attempts to sway you.
Gaining an Advantage
The bottom line is that you must understand what motivates these forms of
aggression–and formulate appropriate defense strategies. It is almost never productive
to retaliate in kind. You’ll gain more by understanding the behavior, anticipating its
repeated use, and turning that knowledge to your advantage.
Times When It is Necessary
to Use Your Clout
T he greatest enemy you can have in the workplace is a false sense of comfort. It
makes you numb to warning signs that some setback is being planned for you, and
also blinds you to potential opportunities for future advancement. You’re at most
risk–and most in need of political support–at the following times:
•
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The risky project. Lending your support to a new project can advance your
position, or deal you a real setback if the project bombs. Be selective about the
projects you back. It’s better to be remembered for three remarkable successes
than for four remarkable successes and one o=r two failures.
Reduced responsibilities. If your company changes direction and your respon-
sibilities change, find out fast what your new role will be. Fact: A temporary
cutback in responsibilities usually tuns into a permanent downturn in your
firm’s need for you.
Increased responsibilities. Taking on an additional work load or department
can be a boon for your career, but make sure the job is manageable and that the
work suits your abilities. Find out as much as you can about who did the job
before, why he or she is not doing it any longer, and what the company goals are
for the new department or projects. Key: Avoid mismatches. If the new duties
are allied to what you’re already doing, odds are that you’ll be able to handle
them. But if management is dumping something on you just because you’re
perceived as capable, watch out. Example: A sales manager I knew was asked to
assume responsibility for customer fulfillment. Even though fulfillment was a
small department in the firm, the job was so different from his sales duties that
he had to continuously shift mental gears. Worst of all, the physical layout
required that hr have two separate offices on different floors. He spent half his
time returning phone calls he had missed.
You’re catapulted up. Management loves you and wants to offer you a crack at
real responsibility and accountability. Variation: A very risky, high-visibility
project. Opportunity has knocked, but be sure that your skills and contacts will
support you. You don’t want to be a victim of a “Let’s see if young McCarthy
can handle this” experiment.
You’re making a fortune. You’ve moved ahead, have been in the same job for a
number of years, and there are other executives eager to do your job for half the
money you’re making. Unless your political connections are rock solid–and
almost nobody’s are–your best plan is to move either up or out before you’ve
spent more than two or three years on your lofty perch.
A change of location. Before you take a job in a branch office, make sure that
it’s not a trip to nowhere. Example: I know a man who, two years before retire-
ment, was offered a job to direct the Canadian division of an American-based
•
•
firm. He called some contacts outside the firm and learned of a strong rumor
that the division was about to be closed. He refused the post, and the division
did close within the year.
You’re stalling. You’re not at the top, but your upward progress has stopped.
Warning signs: You’re not included in meetings or invited to join newly formed
committees. Your staff is being reduced. You’re getting positive feedback on job
reviews, but no promotions. If you’re being glad-handed, odds are that a knife
is being sharpened for your back. It’s time for some fence mending. You may
even have to leave if you’re allowed your support network to erode.
You’ve got a new boss. To avoid landing back at the starting line, learn as much
as you can about the new person. Early on, try to find some common political
ground with the new supervisor and make an assessment of his or her manage-
rial style.
The Story of Mr. O–
The Incredible Power of Opinion
O f all the commonly held, stale misconceptions in our society, one of the most
damaging is the idea that there are two valid sides to every issue. We’re all
supposed to believe that other people’s views are just as valid as ours, and that they
deserve equal consideration.
This hidden rule impedes progress. How many times have you been in a
meeting that generated no ideas because everyone was trying to be open to everyone
else or–at best–proposing lukewarm solutions to avoid offending anyone?
Enter Mr. O
One of the most remarkable and effective executives I’ve had the opportunity to
observe at close working range owed much of his success to breaking this rule. For our
purposes here, let’s call him Mr. O. Having started as head of a branch office, he had
been promoted to director of operations for an electronics company in just a few short
years. When I collaborated with him, Mr. O had remained on top for nearly a decade,
solidifying his position at the same time as he guided his growing company to a
position of prominence in its field.
Mr. O was not a visionary genius. He was hardly ever armed with some
polished, fully formed idea. But what he did have–every single time–was an opinion.
In fact, the ability to be opinionated was really the only thing that set him aside
from his colleagues. He would stride into a meeting armed with some idea of plan he
believed was irrefutably brilliant, and everyone present would be forced to either react
positively, or propose–and defend–another approach to the problem.
Plans were made, and projects completed effectively, simply because Mr. O’s
opinions acted like a fulcrum for other people to use in their thinking and work. I
observed that ideas from almost everyone on the staff were being implemented–not just
the ones from this man. Yet he was the reason for the firm’;s progress. And it was he
who got the credit, a salary well into six figures, and his picture in glossy business
magazines.
How to Double Your Chances of
Getting Others to See Things Your Way–
A Checklist for Negotiators
T he more you want something you’re about to negotiate for, the more you’re likely to
weaken your chances by over preparing and over documenting you case.
You’re far more likely to win if you make smart preparations rather than hard
preparations. Review the following checklist:
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Keep things simple. Distill your ideas into a few sentences, and keep support-
ing paperwork minimal for the negotiating session itself.
Structure your presentation. Reveal your biggest idea immediately, without
preambles. Example: Don’t say “I have a proposal so far-reaching I predict it will
make $2 million this year alone.” Just present your idea clearly and let predic-
tions follow. If your first points are well received, go on to make your second
and third points–but resist the temptation to keep throwing in lesser and lesser
points–they only weaken your stance.
Anticipate objections. Be sure to do your homework on how management is
likely to react to your proposal. Research how is has treated similar proposals in
the past, and anticipate objections your opponents are likely to make.
Build in some sacrifices. To protect the meat of your proposal–the things you
really don’t want to see cut out–add a few chips you’re willing to give up. You
can then bargain them away and end up with the parts that mean the most to
you.
Don’t try to score all the points. Your position will actually be strength-
ened–and cooperation much more likely–if you accede to some ideas from
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people who are critiquing your presentation.
Meet resistance flexibly. When you care a great deal about a project, you may
tend to overreact when anybody raises questions. Best: Treat objections with
humor, and try to foster an atmosphere of cooperation–it implies that your
project is already underway. If negotiations stall completely, try to ascertain
what aspect of your aspect of your proposal is really bothering the other side.
Don’t become argumentative, but try to read between the lines of what is being
said. As a last resort, consider throwing one of your sacrifice chips away to get
things moving.
Don’t give away the store. Accept a certain number of modifications to your
plan or idea, but don’t let it get converted into another person’s project that
you’re now expected to supervise. If you see this happening, offer to withdraw
the entire proposal for further development.
Rise above politics. It’s funny advice to be giving in this book, but try not to
consider whom your opponents are when you’re actually making a presenta-
tion–even if they are right the in the room. The more important your proposal,
the more vital it is to appear to have the interests of the entire company at
heart–especially when top management is in attendance. Don’t betray any
aggressive feelings toward your opponents or act condescending toward
them–even if you think they are stupid, and even if they are.
How to Take Intelligent Risks That
Lead You Upward
Y our career will never get anywhere unless you are willing to stick your neck out
periodically and try something truly risky. This shows that you have vision and
courage.
But being the driving force behind a number of unsuccessful projects won’t win
you any points with anyone, and can quickly deflate your self-esteem. Before taking on
the risk, assess the dangers:
•
•
What are the worst–and best–things that can happen? Example: If the worst
thing that can happen is that you’ll irritate your staff, and the best thing is that
you’ll contribute significantly to the bottom line, the risk is worthwhile.
Do I have the total support of the people I need? Look at your political
roadmap and consider whom you will need to support you. If necessary,
reinforce your critical political alliances.
•
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•
Is it fun? If you can convince yourself, your staff, and your superiors that the
task is challenging and fun, you’re far more likely to gain needed support. Ploy:
Frame the undertaking in an appealing way to gain support–similar to Tom
Sawyer whitewashing Aunt Polly’s fence.
What are the implications for my career path? If you undertake a risky assign-
ment and succeed, you become strongly associated with what you have done–a
tie that will exert a force on what people ask you to do in the future. Consider
the implications before acting.
What are the theatrical possibilities? Don’t take on risk silently. Consider
ways to frame it in such a way that it builds your visibility and reputation.
The Solitary Risk
When the time comes to take on something risky all alone–going to the president
to complain about your supervisor or to ask for a chance to lead a new division–you are
in a sacrificial situation: You’re ready to take on great risk on the chance that you’ll win
out. Follow these steps:
•
•
•
Understand and minimize the risk. Have a concrete plan for what you’ll do if
you lose. Example: If your complaints about your boss fall on deaf ears, your
only recourse may be to leave the firm. Check your financial resources and
chances for employment elsewhere. Ask: Am I really desperate enough to take
these risks now, or should I wait until I am in a stronger position?
Analyze the outcome if you succeed. Are you ready to deal with what you’ve
taken on? Trap: Romanticizing the joy of how wonderful it will be to advance
yourself rapidly by taking a big chance. It can be wonderful–but the wise risk
taker knows what he or she is getting into well before it’s a done deal.
Prepare. Don’t just reinforce your key political connections two or three days
before you make your move. If you’re playing with this degree of risk, you had
better keep your fences mended–and reinforced–at all times.
to be continued....
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About
Introduction
People who fail come in all shapes and sizes. In my years in business, I’ve seen them all. Some rose through the ranks quickly, only to stall and drop for good like
punctured balloons. Some were geniuses who were perennially underappreciated and
under rewarded. But most were simply hard-working people with good ideas and
instincts–like you, perhaps–who got stuck in permanent ruts and never quite scrambled
out to enjoy the light of day.
I’ve also seen a handful of people who–regardless of education, intelligence,
manners, appearance or other obvious factors–have had the knack of rising steadily
through the ranks and the staying on top through both fat and lean times. They were
people who, either consciously or instinctively, knew the art of political survival.
Early in my career I began to watch people, and I can tell you with certainty
what makes them different: The ability to question and discard some, if not all, of the
rules that snare and finally drown the people they leave in their wake.
What’s Holding You Back?
There are hundreds of rules our society tells us to accept blindly and never
question. Rules so ingrained in most of us since childhood, we don’t even feel the
crippling limitations they impose on our daily life. Rules such as these:
•
Good communication and cooperation gets more work done.
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There are two sides to every question. (Variant: Everybody’s entitled to an
opinion.)
Behave consistently if you want other people to respect you.
Always insist on getting credit for your ideas–and on giving it when it’s due.
To get people to do things for you, you first have to get them to like you.
The best way to deal with other people is to treat them as you would like to be
treated. (Did anybody ever ask you to treat them the way you like to be treated?
Sure it’s the golden rule, but nine times out of ten it’s just as bad for others as it
is for you–or worse.)
Nonconformity has no place in business–you have to fit in and be a team player.
Do these opinions sound like an inventory of the mental baggage you’ve been
lugging around? If so, good. We’ve got something to work with.
A Note on Morals
I do not condone immoral or amoral behavior. What I do advocate, however, is
getting things done by throwing out an overblown, overly polite, crippling world view
that keeps most of today’s executives tripping over themselves to avoid offending other
people. I advocate acting aggressively and effectively–something that, in the end,
benefits everyone.
Will you take a chance with me? If I can get you to toss out or just bend one or
two of the stale, outmoded, useless ideas I’m about to impart in the following pages, I
guarantee your career will change in ways you’ll hardly believe. If you’re ready, here
we go.
Your Political Roadmap
B efore you can apply the techniques explained in this book, you’ll need an organized,
clear picture of the lines of power that exist within your workplace.
Start with a sheet of ledger-sized paper and follow these instructions. When
done, you’ll have a directory of up to 40 people–enough to list all your contacts if you
work for a small firm. If you work for a larger company, select the people you’ll
include based on a roster of your department and allied departments. Include every-
one with whom you’ll be likely to interact on the job. (A company phone list is a great
tool for this purpose.)
Start with the highest-ranking people. Write their names in a row across the top
of the page. Make a circle about two inches in diameter around each name. Allowing
space for comments. Beneath the top-ranked people, write the names of the people
who report to them, and continue down the chart past your level so that there is enough
room for one or two ranks of names beneath you. Note: If you have to list more than 25
people, arrange the slips on the ledger, then copy the names onto the master sheet
when you have arranged them according to rank.
Your next step is to write one or two of your impressions and comments about
each person in his or her circle. Be sure in include information about the type of
relationship you have with each one, interests you share, and potential areas of conflict.
Next–and this is the crus of the matter–indicate all reporting relationships by drawing
lines between the circles using a blue pen (some of the lines will have to be curved).
Using a red pen, draw lines to indicate any personal or strong political alliances you have
perceived between people, which may or may not coincide with reporting lines.
One each line, write one or two facts about the reporting relationship. Use a
pencil so you can update information when necessary. Examples: John reports to Mary,
but only on budget; Sue is too completely dependent on Elaine, and can’;t make a
decision without consulting her.
Don’t leave this roadmap lying around–it is a valuable political tool. It allows
you to visualize instantly all the relationships and cross relationships that exist in your
workplace, putting you at an instant advantage over people who try to carry around all
this information in their head. It gives you a view of the areas where you can exert
influence on people . . often without talking to them directly. It can even help you
chart a path to your next promotion or analyze power factions within your support
staff.
Don’t fail to update your roadmap every two or three days. When you’re
dealing with a large number of individuals, you’ll be surprised how frequently new
situations evolve.
You’ll be amazed at the power edge this tool will give you. But, after all, that
why you’re reading this book.
Your Personal Power Inventory
T o solidify your position and win advancement in today’s competitive business
climate, you have to apply all the abilities and assets you have at your disposal.
Don’t fall into the following patterns that used to be politically effective, but that fall far
short of the mark today:
•
Working harder and harder. Political advancement does require that you do an
excellent job to earn respect. But throwing hard work alone at the problem is not
enough.
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Relying on a limited support base. You could build a system made up of a
limited group of friends from your college, community, or elsewhere. But using
this approach exclusively is too limiting and cuts off more support than it
provides.
Trading favors. The old back scratching can win self-advancement. This
approach has its usefulness as an isolated technique, but relying on it exclusively
turns you intro a caricature of an oily schemer.
Your Keys to Power
When thinking politically today, you have to uncover the many tools you
possess that you’re not using, overcome any resistance you may have to activating
them, then apply them aggressively in a structured pattern of getting ahead.
Consider the assets you may not be using:
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Beliefs and interests. If you have strong political, moral, spiritual, or other
beliefs, don’t keep them a secret on the job. Hobbies, sports, and other interests
can also gain you an immediate set of connections.
Heritage. While discriminating against people makes you an anachronistic legal
liability, don’t be reluctant to take advantage of your cultural, religious, racial, or
national background when selecting a firm to work for or when building
alliances.
Education and schooling. Look for well-placed alumni of your alma mater.
Review what you studied to be sure you are not neglecting skills ort interests
that could help you rise on the job.
Appearance. An average appearance shouldn’t slow you down in business–but
if you’re better than average looking, you already stand apart from the crowd.
Don’t rely on good looks exclusively, but count them as an asset that can help
you look the part for a leadership role.
Linguistic ability. If you grew up speaking a second language or acquired
proficiency through study, you have a valuable tool. Use it to build ties to others
who speak the same language, and look for opportunities to help your business
move into foreign markets or establish ties abroad.
Community. Do you live in the same community as colleagues or members of
upper management? Sharing a commute–or some talk about town politics and
other community concerns–can strengthen a valuable alliance.
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Home. If you can use your home to host power parties, why not?
Family. Don’t be reluctant to call upon your relatives for advice or help. And
sharing talk with colleagues about children’s schooling and other family matters
can establish a comfortable common ground with fellow workers. If your
spouse can offer advice to your colleagues on various concerns such as real
estate, investments, etc., don’t be shy about taking advantage of it.
Possessions. Do you collect paintings, cars, or stamps? Don’t hesitate to make
these interests known at work–you may find a network of other people who
share you interests.
Personality. You can build an alliance based on this elusive factor. Do you have
a keen sense of humor? Are you a hard-boiled skeptic or grump? There traits
can work for you. Look for people who share your outlook and stop by to laugh
about some recent event, or exchange grumpy thoughts.
Style. Are you a sophisticate, a jock, a chic dresser, a tweedy rumpled type, or
something else? You may have to make some stylistic modifications to survive
in certain businesses, but look for colleagues who share your approach–you’ll
experience a higher level of comfort and better communication with them.
Your Executive Style
I n order to advance, you’ll need to be taken seriously. Curiously, the most successful
people I have known have rarely shared an awful lot of traits, either physical or
intellectual, or attitudinal. What, then, is the style that draws leaders upward toward
the board room, and how can you acquire it?
•
Individuality. Don’t try to anticipate what other people might like–simply
espouse enthusiastically what you do. While sharing pursuits with others is
important, having an involved, enthusiastic life is what will make you attractive
to others–not whether they share all your interests and pursuits.
In an effort to cultivate corporate style, many young managers try to emulate the
attitudes, interests, and outlooks of all their colleagues. They try to fit in, and finally do
just that–right into pigeonhole-sized niches they built for themselves. My view: Trying
to conform to corporate culture is a mistake–if your business is inhospitable to your
style and way of thinking, trying to conform will only make you a fish out of water.
You’re in the wrong business.
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Standards. Carefully define what your business and personal principles really
are–then stick by them staunchly, no matter how difficult the circumstances.
Example: If you are fully committed to the profitability of your department and
it’s time to let some workers go, fire those who are least capable–regardless of
your personal feelings. Central issue: Do you want to make friends or earn
respect?
Focus. The ability to concentrate completely on a task and get it done is central
to gaining advancement. And unlike intelligence, this ability can be developed.
Focus is also the most important part of what is often called “executive pres-
ence.” To see it in action, observe the person of power in a meeting. While
others are veering off toward other issues, this person will not be dissuaded
from his or her goals.
Appropriateness. Treat serious issues with a serious attitude. While telling a
few jokes to blow off steam may break the tension of difficult situations, it will
make you appear uncommitted.
Sobriety. Nothing will undermine your credibility more quickly than having a
few drinks at lunch and returning to the workplace smelling of alcohol. Even
worse: drinking and acting out of character at a holiday party or picnic. What
you do at home is your affair–but what you do at work is your business. By the
same token, inappropriate romantic or sexual liaisons will push you right off the
corporate ladder (see Sexual Come-Ons in the Office).
How to Tell What a Person Can Do For You:
A Tale of Two Executives
T he most common mistake people make in deciding which contacts are the most
worthwhile is jumping to conclusions–failing to allow enough time to develop a full
picture of a contact’s strengths and connections. Here’s an example:
About 10 years ago, a firm I was working for hired two young marketing
executives whose duties, in part, included assuming the workload of an older, semi-
retired man. One of the young executives immediately dismissed the older man as a
has-been and started to propose all sorts of new programs and projects. The other
young executive realized that the outgoing man was a virtual gold mine of information
and political connections and started using him to establish a broad network of client
contacts. Today, the smarter young man is situated near the top of the company’s
structure. The other guy is right where he started–probably still making dumb snap
judgements that block his path to success.
So, if you’re wise (and you must be if you’re reading this book), pay attention to
the following points when deciding which contacts to cultivate and how to use them:
•
Do your homework. As noted above, the worst mistake is jumping to a prema-
ture judgement based on appearance or prejudice. Learn everything you can
about a contact’s history, both before joining the company and after. If appropri-
ate, simply ask the person about his or her history, activities, and ideas.
If you’re trying to learn about someone who is inaccessible because he or she
outranks you, your only means of gaining a picture of his or her influence is to ask
everyone you can about what the subject of your inquiry did in the past, and about his
or her major accomplishments. Ask about your subject’s management style, and about
the types pf subordinates he or she prefers to work with. Don’t forget to ask, too, about
education, interests, personal life, etc.
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Confirm your findings. In a casual way, confirm your findings with other
people. One technique: Say to another colleague: “We’re really lucky to have
Chris here, after she spearheaded the development of that successful line at
Plum Software.” Watch and listen carefully to gauge your confirming contact’s
reaction.
Hone your observations. Using the roadmap created before, begin to develop a
picture of the person’s responsibilities, reporting lines, and activities. As you
gather information, enter it into your roadmap. Note projects or programs the
person is currently overseeing, or has headed up in the past.
Go outside the firm. If my hunches are right, the smarter young executive in
the example above made some calls and learned that the older man’s expertise
was highly respected in the field. Fact: By going outside your firm, you’ll nearly
always learn things that you can’t learn within. For example, if your subject
brought an extraordinary amount of success to his or her former employer–a
success that your firm has never been able to match–odds are that someone
outside your firm will provide more detail about it than a co-worker will.
Consider the person’s status and age. No matter how much a young, fast-
moving manager may know, odds are that he or she won’t share the information
freely with you. The same may be true for middle-ager. It is a truism–but often
true nonetheless–that older managers are the most likely to be forthcoming with
help, ideas, and political assistance for people with the meat of their career still
ahead of them. You can cultivate the support of younger managers, but it will
usually take more time to achieve the same advantageous position that comes
more easily with many older colleagues.
Political Mistakes from Which
You Will Never Recover
N ow that you’re on your way toward building a bullet-proof political network, it’s
time to give you a list of things you shouldnever do. An unfortunate byproduct of
political structures is that they will network against you as well as for you if word gets
out that you’ve made a blunder.
Be especially careful of the following political gaffes:
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Bad timing. Before asking someone for help, consider whether your relation-
ship is ready to bear the weight of what you are requesting. Example: If you
haven’t progressed beyond establishing that you and your contact share an
interest in travel, it’s too soon to ask for help in winning a new sales territory.
Toe Stepping. Before you look to people for support, consider the positions
they occupy. Example: If a new territory or set of responsibilities is up for grabs,
asking the head of another department for help in winning them may be a
serious misplay if he or she is considering making a play for them also. Excep-
tion: If your alliance with them is exceptionally strong and well maintained,
asking for support can result in their dropping out of the competition, sometimes
without resentment. Alternatively, it may open up discussion of a mutually
beneficial approach to the problem.
Relying on foundations alliances. If you’re friendly and cordial with another
manager, that’s not enough to enable you to rely on him or her for strong
support. Be sure that there is a variety of other supporting factors–and a history
of cooperation–to add a foundation to your relationship.
Overusing an alliance. The more valuable an alliance, the less often you should
use it fro help with big projects. (Note: A strong ally will be working silently for
your interests in many small ways without your knowing it every day.) If you
walk into a highly placed colleague’s office too often to ask for a big favor, the
quality of your connection will erode quickly. Analogy: Think of an alliance as a
rechargeable battery–after using it, you have to energize it before tapping into it
again. After getting a favor, return a favor in a big way, or do some high-level
stroking to keep the alliance running strong.
Posturing. When trying to win support or influence someone, it is very dangerous
to infer that your project should be supported because you are strongly con-
nected to someone at the top. First, the inference is a threat. Second, if the top
person turns out to be a less-than-staunch supporter in this instance, you’re
going to lose face with everyone. Third, everyone will know that you are
•
strongly connected to the bigwig anyway, and will weight that information in
deciding whether or not to support you. Blowing your own horn only makes
you a blowhard.
Letting alliances lapse. If the very person who can help you is someone with
whom you used to enjoy close political ties–but you’ve been neglecting him or
her lately–it’s a serious blunder to count on picking up your former close
relationship where it left off. It is also a serious misplay to start currying favor
suddenly by taking the person out to lunch, calling him or her up to chat, etc.,
before making a pitch for support. Best: Maintain close ties to your colleagues,
letting none of them lapse. Next best: Come clean. Tell the person that you are
aware you haven’t been in close touch lately, but that you have good memories
of the projects you’ve shared in the past, and that you are calling to ask for
support. Strengthen this approach with an immediate offer of support for one of
your contact’s current concerns.
2
The Influence Game
How to Tell How Much Clout
an Opponent Really Has
A ll of us have gotten into neck-and-neck races with another department head or
executive. It can be as elemental as a two-person fight for one promotion slot, or as
complicated as a political struggle to increase staffing during crunch times.
In direct competition, you are comparing yourself to your adversary: your work
records, lengths of employment, a lot of things. But beyond all these variables–and the
sum total of them all–is the elusive factor known as clout.
Roughly defined, it is the degree of acceptance that upper management has
accorded to you–versus other people–based on your past efforts, personality, and
political strength. No two employees have the same clout. It’s one of the most impor-
tant factors in determining who will succeed in a life-or-death struggle.
Clout vs. Posturing
An insecure opponent will usually resort to posturing: alluding to connections,
dropping names, and bragging about how much he or she has contributed to the firm
in the past. Alternatively, a close political ally of your opponent may drop by to
convey this information to you indirectly.
If your adversary throws up this smoke cloud, don’t be discouraged. He or she
may actually be in a position of power. You won’t know until you confirm the follow-
ing information. Don’t be intimidated prematurely or you may lose the fight.
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Activity. Is this person still on the same committees that he or she served on two
or three years ago?
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Connections. What personnel changes have occurred above the person? Did he or
she lose an umbrella of support when a close supervisor left?
Staff. How many people does this person supervise? Has this number gone up
or down over the last year? Over the last two years? Why did the people leave?
Positioning. Where is your company heading? Considering current company
policy and plans, compare the role of your department to that of your adversary.
For example, a head of marketing may have an advantage over a head of sales in
a firm that is moving away from field sales and into direct marketing promo-
tions.
Personality. If you find your opponent unpleasant, odds are that upper manage-
ment does too. Unless they need an ogre to do the job, you are probably at an
advantage.
Fighting Intimidation:
How to Spot Deceitful People
I t’s great to solidify your power and build your political network. The downside is
that you are going to become the target of carping from envious–and often mali-
cious–people who will try to intimidate you, bruise your self-image, and make you feel
your growing power is of no significance.
Your best strategy–the only one, really, if you’re going to win–is to study power
plays with objectivity and learn as much as you can. The wonderful truth is that they
offer you the chance to learn a tremendous amount about your enemies and oppo-
nents–far more than you could if they were silently dreaming up plots against you.
They’re making the mistakes, and you’re reaping the benefits.
Here are the most common types of detractors, and what you can do about them:
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Self-aggrandizers. These opponents routinely exaggerate accomplishments or
political clout. When the company president says good morning to them in the
hall, they come by to tell you they just had a policy meeting. Key: Over a period
of time, look objectively for discrepancies between what a person says and what
you see is happening. Perennial self-aggrandizers are generally not taken
seriously by anyone. Unless there are some mitigating factors (the posturer is
the president’s nephew, for example), you need not take them too seriously
either.
Insinuators. They engage in Iago-like intrigue. Example: Your opponent stops
by to tell you that the controller had to rewrite your quarterly earnings report
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because it was disorganized. A real snake may even infer that he or she is on
your side and offer to help you complete projects to avoid further trouble.
Defense: Confirm any reports directly with all those concerned. Insinuators are
dangerous because they’ll take their intrigue on to other people after they have
failed with you–they are also often highly magnetic people who gain credibility
with other people for awhile. Your best defense is to wait until this type of
person plays the same card too often and is exposed for what he or she is.
Mistake: Warning another employee that the insinuator is a chronic liar can drag
you into a morass of charges and countercharges.
Sleight-of-hand artists. This type tries to throw you off by providing some
spurious information. Example: Just before a meeting, he or she will tell you:
“That idea of yours will never get approved–the vice-president proposed the
same thing last year and it got shot down.” Defense: It’s hard not to fooled once
or twice by this type–especially if he or she is clever–but make sure you’re not
fooled from then on.
Strategists. When you’re cooperating on a project with this type, he or she says
there’s no pressure and starts off at a sluggish pace. When you follow the lead
and start slowly, he or she secretly catapults forward, finishes far ahead of you,
then turns in his or her work early to make you look like a snail. Defense: Do
your work at your own pace, and don’t be intimidated. Just because the strate-
gist thinks he or she is earning points with upper management by these antics
doesn’t mean it is the case.
Bullies. People who try to bulldoze or intimidate you are hard to analyze. Your
best defense is to assess their clout objectively, and firmly stand your ground
despite all attempts to sway you.
Gaining an Advantage
The bottom line is that you must understand what motivates these forms of
aggression–and formulate appropriate defense strategies. It is almost never productive
to retaliate in kind. You’ll gain more by understanding the behavior, anticipating its
repeated use, and turning that knowledge to your advantage.
Times When It is Necessary
to Use Your Clout
T he greatest enemy you can have in the workplace is a false sense of comfort. It
makes you numb to warning signs that some setback is being planned for you, and
also blinds you to potential opportunities for future advancement. You’re at most
risk–and most in need of political support–at the following times:
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The risky project. Lending your support to a new project can advance your
position, or deal you a real setback if the project bombs. Be selective about the
projects you back. It’s better to be remembered for three remarkable successes
than for four remarkable successes and one o=r two failures.
Reduced responsibilities. If your company changes direction and your respon-
sibilities change, find out fast what your new role will be. Fact: A temporary
cutback in responsibilities usually tuns into a permanent downturn in your
firm’s need for you.
Increased responsibilities. Taking on an additional work load or department
can be a boon for your career, but make sure the job is manageable and that the
work suits your abilities. Find out as much as you can about who did the job
before, why he or she is not doing it any longer, and what the company goals are
for the new department or projects. Key: Avoid mismatches. If the new duties
are allied to what you’re already doing, odds are that you’ll be able to handle
them. But if management is dumping something on you just because you’re
perceived as capable, watch out. Example: A sales manager I knew was asked to
assume responsibility for customer fulfillment. Even though fulfillment was a
small department in the firm, the job was so different from his sales duties that
he had to continuously shift mental gears. Worst of all, the physical layout
required that hr have two separate offices on different floors. He spent half his
time returning phone calls he had missed.
You’re catapulted up. Management loves you and wants to offer you a crack at
real responsibility and accountability. Variation: A very risky, high-visibility
project. Opportunity has knocked, but be sure that your skills and contacts will
support you. You don’t want to be a victim of a “Let’s see if young McCarthy
can handle this” experiment.
You’re making a fortune. You’ve moved ahead, have been in the same job for a
number of years, and there are other executives eager to do your job for half the
money you’re making. Unless your political connections are rock solid–and
almost nobody’s are–your best plan is to move either up or out before you’ve
spent more than two or three years on your lofty perch.
A change of location. Before you take a job in a branch office, make sure that
it’s not a trip to nowhere. Example: I know a man who, two years before retire-
ment, was offered a job to direct the Canadian division of an American-based
•
•
firm. He called some contacts outside the firm and learned of a strong rumor
that the division was about to be closed. He refused the post, and the division
did close within the year.
You’re stalling. You’re not at the top, but your upward progress has stopped.
Warning signs: You’re not included in meetings or invited to join newly formed
committees. Your staff is being reduced. You’re getting positive feedback on job
reviews, but no promotions. If you’re being glad-handed, odds are that a knife
is being sharpened for your back. It’s time for some fence mending. You may
even have to leave if you’re allowed your support network to erode.
You’ve got a new boss. To avoid landing back at the starting line, learn as much
as you can about the new person. Early on, try to find some common political
ground with the new supervisor and make an assessment of his or her manage-
rial style.
The Story of Mr. O–
The Incredible Power of Opinion
O f all the commonly held, stale misconceptions in our society, one of the most
damaging is the idea that there are two valid sides to every issue. We’re all
supposed to believe that other people’s views are just as valid as ours, and that they
deserve equal consideration.
This hidden rule impedes progress. How many times have you been in a
meeting that generated no ideas because everyone was trying to be open to everyone
else or–at best–proposing lukewarm solutions to avoid offending anyone?
Enter Mr. O
One of the most remarkable and effective executives I’ve had the opportunity to
observe at close working range owed much of his success to breaking this rule. For our
purposes here, let’s call him Mr. O. Having started as head of a branch office, he had
been promoted to director of operations for an electronics company in just a few short
years. When I collaborated with him, Mr. O had remained on top for nearly a decade,
solidifying his position at the same time as he guided his growing company to a
position of prominence in its field.
Mr. O was not a visionary genius. He was hardly ever armed with some
polished, fully formed idea. But what he did have–every single time–was an opinion.
In fact, the ability to be opinionated was really the only thing that set him aside
from his colleagues. He would stride into a meeting armed with some idea of plan he
believed was irrefutably brilliant, and everyone present would be forced to either react
positively, or propose–and defend–another approach to the problem.
Plans were made, and projects completed effectively, simply because Mr. O’s
opinions acted like a fulcrum for other people to use in their thinking and work. I
observed that ideas from almost everyone on the staff were being implemented–not just
the ones from this man. Yet he was the reason for the firm’;s progress. And it was he
who got the credit, a salary well into six figures, and his picture in glossy business
magazines.
How to Double Your Chances of
Getting Others to See Things Your Way–
A Checklist for Negotiators
T he more you want something you’re about to negotiate for, the more you’re likely to
weaken your chances by over preparing and over documenting you case.
You’re far more likely to win if you make smart preparations rather than hard
preparations. Review the following checklist:
•
•
•
•
•
Keep things simple. Distill your ideas into a few sentences, and keep support-
ing paperwork minimal for the negotiating session itself.
Structure your presentation. Reveal your biggest idea immediately, without
preambles. Example: Don’t say “I have a proposal so far-reaching I predict it will
make $2 million this year alone.” Just present your idea clearly and let predic-
tions follow. If your first points are well received, go on to make your second
and third points–but resist the temptation to keep throwing in lesser and lesser
points–they only weaken your stance.
Anticipate objections. Be sure to do your homework on how management is
likely to react to your proposal. Research how is has treated similar proposals in
the past, and anticipate objections your opponents are likely to make.
Build in some sacrifices. To protect the meat of your proposal–the things you
really don’t want to see cut out–add a few chips you’re willing to give up. You
can then bargain them away and end up with the parts that mean the most to
you.
Don’t try to score all the points. Your position will actually be strength-
ened–and cooperation much more likely–if you accede to some ideas from
•
•
•
people who are critiquing your presentation.
Meet resistance flexibly. When you care a great deal about a project, you may
tend to overreact when anybody raises questions. Best: Treat objections with
humor, and try to foster an atmosphere of cooperation–it implies that your
project is already underway. If negotiations stall completely, try to ascertain
what aspect of your aspect of your proposal is really bothering the other side.
Don’t become argumentative, but try to read between the lines of what is being
said. As a last resort, consider throwing one of your sacrifice chips away to get
things moving.
Don’t give away the store. Accept a certain number of modifications to your
plan or idea, but don’t let it get converted into another person’s project that
you’re now expected to supervise. If you see this happening, offer to withdraw
the entire proposal for further development.
Rise above politics. It’s funny advice to be giving in this book, but try not to
consider whom your opponents are when you’re actually making a presenta-
tion–even if they are right the in the room. The more important your proposal,
the more vital it is to appear to have the interests of the entire company at
heart–especially when top management is in attendance. Don’t betray any
aggressive feelings toward your opponents or act condescending toward
them–even if you think they are stupid, and even if they are.
How to Take Intelligent Risks That
Lead You Upward
Y our career will never get anywhere unless you are willing to stick your neck out
periodically and try something truly risky. This shows that you have vision and
courage.
But being the driving force behind a number of unsuccessful projects won’t win
you any points with anyone, and can quickly deflate your self-esteem. Before taking on
the risk, assess the dangers:
•
•
What are the worst–and best–things that can happen? Example: If the worst
thing that can happen is that you’ll irritate your staff, and the best thing is that
you’ll contribute significantly to the bottom line, the risk is worthwhile.
Do I have the total support of the people I need? Look at your political
roadmap and consider whom you will need to support you. If necessary,
reinforce your critical political alliances.
•
•
•
Is it fun? If you can convince yourself, your staff, and your superiors that the
task is challenging and fun, you’re far more likely to gain needed support. Ploy:
Frame the undertaking in an appealing way to gain support–similar to Tom
Sawyer whitewashing Aunt Polly’s fence.
What are the implications for my career path? If you undertake a risky assign-
ment and succeed, you become strongly associated with what you have done–a
tie that will exert a force on what people ask you to do in the future. Consider
the implications before acting.
What are the theatrical possibilities? Don’t take on risk silently. Consider
ways to frame it in such a way that it builds your visibility and reputation.
The Solitary Risk
When the time comes to take on something risky all alone–going to the president
to complain about your supervisor or to ask for a chance to lead a new division–you are
in a sacrificial situation: You’re ready to take on great risk on the chance that you’ll win
out. Follow these steps:
•
•
•
Understand and minimize the risk. Have a concrete plan for what you’ll do if
you lose. Example: If your complaints about your boss fall on deaf ears, your
only recourse may be to leave the firm. Check your financial resources and
chances for employment elsewhere. Ask: Am I really desperate enough to take
these risks now, or should I wait until I am in a stronger position?
Analyze the outcome if you succeed. Are you ready to deal with what you’ve
taken on? Trap: Romanticizing the joy of how wonderful it will be to advance
yourself rapidly by taking a big chance. It can be wonderful–but the wise risk
taker knows what he or she is getting into well before it’s a done deal.
Prepare. Don’t just reinforce your key political connections two or three days
before you make your move. If you’re playing with this degree of risk, you had
better keep your fences mended–and reinforced–at all times.
to be continued....
DOWNLOAD PDF VERSION
Wednesday, 18 February 2009
Choosing an Online Bussines
Let's simplify the process of choosing an online business and say there are basically four ways to start an online business -- and really, there's no reason you can't do all three.
However, you may want to choose one and focus on that first.
1. Start an Online Business from Scratch:
You can "start from scratch" and develop your own product or service to sell.
For example, if you are an artist or crafter you might make your own products and offer them for sale or you can offer a service such as career counselling or matchmaking.
You could even enter the lucrative market of creating information products. The internet business ideas are endless.
2. Start an Online Business with Affiliate Programs:
If you don't have your own product or service to sell, you can market someone else's products through affiliate programs. With an affiliate program, you are paid a percentage of sales that are made when you refer someone to a company's website.
Usually the buyer must click on your affiliate link and make the purchase immediately. Some affiliate programs will track visitors from your link and pay a commission for within a period of time, such as within 3 months of the visit.
3. Start an Online Business with Direct Sales:
Finally, if you feel you need more structure and support, you can join a Direct Sales Company and market their products. There are hundreds of direct sales companies available offering everything from cosmetics and skin care to kitchenware, home décor, craft products, and dietary supplements.
Usually independent representatives sign on under another representative or sponsor who will provide information and support to get you started.
4. Start an Online Business by Reselling Products You Buy at Wholesale:
If you don't want to develop your own products, you can resell other people's products. You can buy them at wholesale and ship them out from your home. Or you may prefer the ease of having somebody dropship the products for you.
This means the company from which you buy wholesale does all the shipping for you. You just take the orders.
By the Way......Job or business?
Many people, particularly moms, start out looking for an online job.
Moms want to work from home so they can care for their children while continuing to contribute to the household finances.
They quickly learn that online jobs are few and far between and far too often pay money for promises of work that never materialize.
Often, people who have great work at home jobs brought those jobs home from an office.
They started out employed in an outside job and later convinced their employer that it was beneficial to the company to allow them to work from home.
However, you may want to choose one and focus on that first.
1. Start an Online Business from Scratch:
You can "start from scratch" and develop your own product or service to sell.
For example, if you are an artist or crafter you might make your own products and offer them for sale or you can offer a service such as career counselling or matchmaking.
You could even enter the lucrative market of creating information products. The internet business ideas are endless.
2. Start an Online Business with Affiliate Programs:
If you don't have your own product or service to sell, you can market someone else's products through affiliate programs. With an affiliate program, you are paid a percentage of sales that are made when you refer someone to a company's website.
Usually the buyer must click on your affiliate link and make the purchase immediately. Some affiliate programs will track visitors from your link and pay a commission for within a period of time, such as within 3 months of the visit.
3. Start an Online Business with Direct Sales:
Finally, if you feel you need more structure and support, you can join a Direct Sales Company and market their products. There are hundreds of direct sales companies available offering everything from cosmetics and skin care to kitchenware, home décor, craft products, and dietary supplements.
Usually independent representatives sign on under another representative or sponsor who will provide information and support to get you started.
4. Start an Online Business by Reselling Products You Buy at Wholesale:
If you don't want to develop your own products, you can resell other people's products. You can buy them at wholesale and ship them out from your home. Or you may prefer the ease of having somebody dropship the products for you.
This means the company from which you buy wholesale does all the shipping for you. You just take the orders.
By the Way......Job or business?
Many people, particularly moms, start out looking for an online job.
Moms want to work from home so they can care for their children while continuing to contribute to the household finances.
They quickly learn that online jobs are few and far between and far too often pay money for promises of work that never materialize.
Often, people who have great work at home jobs brought those jobs home from an office.
They started out employed in an outside job and later convinced their employer that it was beneficial to the company to allow them to work from home.
Handbook of International Law ( chapter 1.)-cambridge Univ press.
CHAPTER 1 ; INTERNATIONAL LAW
The truth is that international law is neither a myth on the one hand, nor a panacea on the other, but just
one institution among others which we can use for the building of a better international order.1
Oppenheim. Oppenheim’s International Law, 9th edn, London, 1992, p. 3–115
Shaw, International Law, 5th edn, Cambridge, 2003, pp. 1–246
Higgins, Problems and Process, Oxford, 1994, pp. 1–55
Brownlie, Principles of Public International Law, 6th edn, Oxford, 2003, pp. 3–68
Parry, The Sources and Evidences of International Law, Cambridge, 1965
First let us clear away any misunderstandings about private international law and transnational law.
Private international law/conflict of laws
Private international law is an unfortunate term for what is more properly and accurately called
conflict of laws. That is the body of rules of the domestic law2 of a state which applies when a legal
issue contains a foreign element, and it has to be decided whether a domestic court should apply
foreign law or cede jurisdiction to a foreign court.3 Many of the rules are now found in legislation.
Naturally, over time the domestic rules grow closer as states come to adopt similar solutions to the
same problems, but they remain domestic law. Established in 1893, the Hague Conference on
Private International Law seeks primarily to harmonise domestic rules on
1. J. Brierly, The Law of Nations, 5th edn, Oxford, 1955, Preface, reprinted ibid. in 6th edn, Oxford, 1963.
2. See p. 12 below, including its relationship to international law.
3. Dicey and Morris, Conflict of Laws, 13th edn, London, 2000, p. 3; Cheshire and North, Private
International Law, 13th edn, London, 1999, p. 7; J. Collier, Conflict of Laws, 3rd edn, Cambridge, 2001,
pp. 386–94.
Page 2
conflict of laws, and since 1954 has concluded some thirty-six multilateral treaties.4 These must be
distinguished from treaties that seek to unify or harmonise states’ substantive domestic laws, such as
on carriage by air or sea, or intellectual property.5 UNIDROIT is an international organisation with
fifty-nine member states that seeks to harmonise domestic laws, especially commercial.6 Despite its
name, it is neither a UN body nor a UN specialised agency. But UNCITRAL is a UN body charged
with promoting the harmonisation of international trade law.7
A legal matter can raise issues of both international law and conflict of laws, particularly on
questions of jurisdiction,8 and today the distinction between international law and conflict of laws
can be blurred as more international law, treaties in particular, reaches right down into the internal
legal order, as exemplified by the law of the European Union.9 Nevertheless, it is still vital to
appreciate the distinctions between different categories of law, their purpose and how they develop.
Transnational law
This term seems to have been coined to describe the study of any aspect of law that concerns more
than one state, in particular conflict of laws, comparative law (the study of how the laws of different
states deal with a particular area or issue of domestic law), supranational law (European Union law)
and public international law, particularly in the commercial field. It may bring useful insights into
the development of law, but one should not be led into believing that we are now living in a world
where all laws of whatever type are rapidly converging. Within many states, especially federations
and even in the United Kingdom, there are separate systems of domestic law, and this is likely to
continue for a very long time.
The nature of international law
International law is sometimes called public international law to distinguish it from private
international law, though, as already explained, even this can lead to misunderstandings. Whatever
the connections international law has with other systems of law, it is clearly distinguished by the fact
that it is not the product of any national legal system, but of the states
4. Oppenheim, p. 7. See www.hcch.net.
5. Oppenheim, p. 6, n. 11.
6. See www.unidroit.org.
7. See p. 389 below.
8. See p. 43 below.
9. See p. 466 below.
Page 3
(now over 190) that make up our world. In the past, international law was referred to as the Law of
Nations.10 Although it had been developing over many centuries,11 international law as we know it
today is commonly said to have begun properly with the Dutch jurist and diplomat, Grotius (Hugo
de Groot), 1583–1645, and with the Peace of Westphalia 1648.12 That event marked not only the
end of the Thirty Years War but also the end of feudalism (and, with the Reformation, obedience to
the Pope) and the establishment of the modern state with central governmental institutions that could
enforce control over its inhabitants and defend them against other states. But since those states had
to live with each other, there had to be common rules governing their external conduct. Although
rudimentary rules had been developing ever since civilised communities had emerged, from the mid-
seventeenth century they began to develop into what we now recognise as international law.
But is international law really law?
Unfortunately, this question is still being asked, and not only by students. The answer depends on
what is meant by law. Whereas the binding nature of domestic law is not questioned, new students
of international law are confronted with the issue: is international law merely a collection of
principles that a state is free to ignore when it suits it? Whereas every day newspapers report crimes,
it is usually only when a flagrant breach of international law occurs that the media take notice of
international law. This can give a distorted impression of the nature of international law.
International law has no ready sanction for its breach. Because there is no international police force
or army that can immediately step in, international law is often perceived as not really law. Yet the
record of even the most developed domestic legal systems in dealing with crime does not bear close
scrutiny.
Although it is as invidious as comparing apples and oranges, in comparison with domestic crime
states generally do comply rather well with international law. If, as H. L. A. Hart argued,13 law
derives its strength from acceptance by society that its rules are binding, not from its enforceability,
10. See J. Brierly, The Law of Nations, 6th edn, Oxford, 1963. See especially pp. 1 on the origins of
international law.
11. See Shaw, pp. 13–41; A. Nussbaum, A Concise History of the Law of Nations, rev. edn, New York,
1954.
12. 1 CTS pp. , 70, 198 and 319
13. The Concept of Law, Oxford, 1961.
Page 4
then international law is law. The raison d’être of international law is that relations between states
should be governed by common principles and rules. Yet what they are is determined by national
interest, which in turn is often driven by domestic concerns. Those matters on which international
law developed early on included freedom of the high seas and the immunity of diplomats. Both were
vitally important for the increasing international trade, the famous 1654 Treaty of Peace and
Commerce between Queen Christina and Oliver Cromwell epitomising this new reality.14 As we
will see when we look at the sources of international law, its binding force does not come from the
existence of police, courts and prisons. It is based on the consent (express or implied) of states, and
national self-interest: if a state is seen to ignore international law, other states may do the same. The
resulting chaos would not be in the interest of any state. While the language of diplomacy has
changed over the centuries from Latin to French to English, international law has provided a vitally
important and constantly developing bond between states. As this book will show, today in many
areas of international law the rules are well settled. As with most domestic law, it is how the rules
are to be applied to the particular facts that cause most problems.
To look at the question from a more mundane point of view, international law is all too real for
those who have to deal with it daily. Foreign ministries have legal departments. Some are large: the
US State Department has some 150 legal advisers; the UK Foreign and Commonwealth Office
thirty-five, including some seven posted in Brussels, Geneva, New York and The Hague. Their task
is to advise on a host of legal matters that arise in the conduct of foreign affairs. They also have the
conduct of cases involving international law in international, foreign and UK courts and tribunals. If
international law is not law, then they and their legal colleagues in other foreign ministries are
drawing their salaries under false pretences. Which brings one to international lawyers.
International lawyers
Although more students are studying international law, it is not easy for a young lawyer to practise
it. Even in large law firms that have international law departments, the bulk of their work is
commercial arbitration. The involvement of barristers and advocates in international law is usually
14. 1 BSP 691.
Page 5
incidental to their normal work. Most of the distinguished practitioners of international law who
appear before international courts or tribunals are professors of international law. As a rule, foreign
ministry legal departments are staffed by diplomats who have legal training, but who alternate
between legal and political posts. Few have legal advisers who during their careers do little other
than law, the British Diplomatic Service being a prime exception. There are jobs for international
lawyers also in the United Nations and other international organisations.
Sometimes the media will describe a person as an ‘international lawyer’, yet he may at most have
a practice with many foreign clients, and be concerned more with foreign law and conflict of laws.
Yet, when the media is full of stories questioning the lawfulness of a state’s actions, some domestic
lawyers rush to express their opinions, usually critical. They are not always wrong, but usually
display a lack of familiarity with international law, apparently believing that the reading of a
textbook or an (apparently simple) instrument like the UN Charter is enough. The fact that some
textbooks are lucid and make international law accessible, does not mean that a domestic lawyer,
however eminent, can become an expert on it overnight. The difficulties that the judges of the House
of Lords (the UK’s final appeal court) had in grappling with international law in the Pinochet case,
despite having been addressed by several international law experts, are amply demonstrated by their
differing separate opinions.15 Some domestic lawyers have specialised in particular areas of
international law such as aviation, human rights or the environment, without a good grounding in
international law generally. A tax law expert will necessarily have a sound knowledge of contract,
tort and other basic areas of domestic law, without which it would be difficult to advise effectively.
The sources of international law
International law differs from domestic law in that it is not always that easy to find out what the law
is on a particular matter. Domestic law is reasonably certain and found mostly in legislation and
judgments of a hierarchy of courts. In contrast, international law is not so accessible, coherent or
certain. There is no global legislature (the UN General Assembly does not equate to a national
legislature), and no formal hierarchy of international courts and tribunals. As with the (mainly
unwritten) British
15. R. v. Bow Street Stipendiary Magistrate, ex parte Pinochet (No. 3) [2000] 1 AC 147; [1999] 2 WLR
825; [1999] 2 All ER 97; 119 ILR 135.
Page 6
Constitution, an initial pointer to the international law on a given topic is often best found in the
textbooks. They will explain that international law is derived from various sources, which are
authoritatively listed in Article 38(1) of the Statute of the International Court of Justice (annexed to
the UN Charter) as:
1.
international conventions, whether general or particular, establishing rules expressly
recognised by the contracting states;
2. international custom, as evidence of a general practice accepted as law;
3. the general principles of law recognised by civilised nations;
4.
subject to the provisions of Article 59,16 judicial decisions and the teachings of the most
highly qualified publicists of the various nations, as subsidiary means for the determination of
rules of law.
Treaties
The reference in (a) to ‘international conventions’ is to bilateral and multilateral treaties. For the
moment it is enough to say that, as with domestic legislation, treaties now play a crucial role in
international law, important areas of customary international law having now been codified in
widely accepted treaties. In consequence, custom and the other sources of international law are no
longer as important as they used to be. But that does not mean that custom is on a lower level than
treaties. There is no formal hierarchy of the sources of international law. As between parties to a
treaty, the treaty binds them. As between a party to a treaty and a non-party, custom will apply,
including custom derived from treaties.17 General principles of law, judgments and the opinions of
writers are of less importance as sources. (The law of treaties is dealt with in some detail in Chapter
5.)
Customary international law
Customary international law – or simply ‘custom’ – must be distinguished from the customary law
that is an important part of some states’ domestic law and deals largely with family matters, land and
suchlike. In international law a rule of custom evolves from the practice of states, and this can
16. Decisions of the Court are binding only on the parties to the case (res judicata).
17. See p. 8 below.
Page 7
take a considerable or a short time. There must be evidence of substantial uniformity of practice by a
substantial number of states. In 1974 the ICJ found that a customary rule (now superseded) that
states had the right to exclusive fishing within a twelve nautical mile zone had emerged.18 State
practice can be expressed in various ways, such as governmental actions in relation to other states,
legislation, diplomatic notes, ministerial and other official statements, government manuals (as on
the law of armed conflict), and certain unanimous or consensus resolutions of the UN General
Assembly. The first such resolution was probably Resolution 95( ) of 11 December 1946 which
affirmed unanimously the principles of international law recognised by the Charter of the Nürnberg
International Military Tribunal and its judgment.
When a state that has an interest in the matter is silent, it will generally be regarded as acquiescing
in the practice. But if the new practice is not consistent with an established customary rule, and a
state is a persistent objector to the new practice, the practice either may not be regarded as evidence
of new custom or the persistent objector may be regarded as having established an exception to the
new customary rule.
But to amount to a new rule of custom, in addition to practice there must also be a general
recognition by states that the practice is settled enough to amount to an obligation binding on states
in international law. This is known as opinio juris (not the opinions of jurists). Sometimes the
recognition will be reflected in a court judgment reached after legal argument based on the extensive
research and writings of international legal scholars. In themselves, neither judicial pronouncements
nor favourable mention in a UN resolution, even when adopted by a large majority, are conclusive as
to the emergence of new custom. 19 But in Nicaragua v. US (Merits) (1986)20 the International
Court of Justice found that the acceptance by states of the Friendly Relations Declaration of the
General Assembly21 constituted opinio juris that the Charter prohibition on the use of force now
also represented custom. There is however a growing tendency for international courts and tribunals,
without making a rigorous examination of the evidence, to find that a customary rule has emerged.
In Tadic the International Criminal Tribunal for the Former
18. Fisheries Jurisdiction (UK v. Iceland; Germany v. Iceland), ICJ Reports (1974), p. 3, at pp. 23–6; 55
ILR 238. For the present law, see p. 318 below.
19. See the Namibia Advisory Opinion, ICJ Reports (1971), p. 6; paras. 87–116; 59 ILR 2; and the
Legality of Nuclear Weapons Advisory Opinion, ICJ Reports (1996), p. 226, paras. 64–73; 110 ILR 163.
20. ICJ Reports (1986), p. 14, paras. 183–94; 76 ILR 1.
21. ILH (1970) 1292.
Yugoslavia ruled that it had jurisdiction over war crimes committed during an internal armed
conflict even though its Statute does not provide for this.22
Page 8
Establishing opinio juris can be difficult and everything will depend on the circumstances. 23 It is
easiest when the purpose of a new multilateral treaty is expressed to be codification of customary
international law. Even if the treaty includes elements of progressive development,24 if it is widely
regarded by states as an authoritative statement of the law, and constantly and widely referred to, it
will soon come to be accepted as reflecting the customary rules, sometimes even before it has
entered into force. This was certainly the case with the Vienna Convention on the Law of Treaties
1969, which even now has only 101 parties.25 Although many provisions of the UN Convention on
the Law of the Sea 1982 (UNCLOS) went beyond mere codification of customary rules in most
respects, the negotiations proceeded on the basis of consensus.26 It was therefore that much easier
during the twelve years before UNCLOS entered into force for most of its provisions to become
accepted as representing customary law.
An accumulation of bilateral treaties on the same subject, such as investment treaties, may in
certain circumstances also be evidence of a customary rule.27
General principles of law recognised by civilized nations28
Compared with domestic law, international law is relatively under-developed and patchy, though in
the last fifty years it has developed several important new specialised areas. International courts and
tribunals have always borrowed concepts from domestic law if they can be applied to relations
between states, and by this means have developed international law by filling gaps and strengthening
weak points. Such concepts are chiefly
22. See the decision of the Appeals Chamber: www.icty.org, Case IT-94-1, paras. 65 et seq; 105 ILR 453.
23. Shaw, pp. 68–72.
24. See n. 26 below.
25. See p. 52 below. See also A. Aust, ‘Limping Treaties: Lessons from Multilateral Treaty-making’ (2003)
NILR 243 at 248–51.
26. See H. Caminos and M. Molitor, ‘Progressive Development of International Law and the Package
Deal’ (1985) AJIL 871–90.
27. See p. 373 below.
28. ‘Civilized’ should not be seen as a demeaning term; the Statute is merely referring to states that have
reached an advanced state of legal development.
legal reasoning and analogies drawn from private law,29 such as good faith and estoppel.
Good faith
Page 9
The obligation to act in good faith is a fundamental principle of international law, and includes
equity.30 Article 2(2) of the UN Charter requires all Members to fulfil their Charter obligations in
good faith. Similarly, the Vienna Convention on the Law of Treaties 1969 requires parties to a treaty
to perform the treaty (Article 26), and to interpret it (Article 31(1)), in good faith.31 The principle is
not restricted to treaties but applies to all international obligations.
Estoppel
Known as preclusion in civil law systems, estoppel has two aspects. A state that has taken a
particular position may be under an obligation to act consistently with it on another occasion. And
when a state has acted to its detriment in relying on a formal declaration by another state, the latter
may be estopped from denying its responsibility for any adverse consequences.32
Norms
Sir Robert Jennings, a former President of the International Court of Justice, once famously said that
he would not recognise a norm if he met one in the street. But, some international lawyers speak of
norms of international law. In English, norm means a standard. Use of the word seems to have been
popularised by Professor Hans Kelsen,33 who saw international law as at the top of the hierarchy of
law. The term is used more by civil lawyers than common lawyers. It may be useful in theoretical
analysis of certain international law issues.34 Unfortunately, it is also used loosely to cover not only
principles and rules but also lex ferenda (see
29. See H. Lauterpacht, ‘Private Law Sources and Analogies of International Law’, in E. Lauterpacht
(ed.), International Law: Being the Collected Papers of Sir Hersch Lauterpacht, Cambridge, 1970–8, vol.
2, pp. 173–212; B. Cheng, General Principles of Law as Applied by International Courts and Tribunals,
Cambridge, 1953, reprinted 1987.
30. Oppenheim, pp. 38 and 44.
31. See further pp. 79 and 90 below, respectively.
32. Oppenheim, pp. 1188–93. See p. 57 below about the possible legal consequences of an MOU.
33. General Theory of Law and State, Harvard, 1945.
34. See for example D. Shelton, ‘International Law and “Relative Normativity”’, in M. Evans (ed.),
International Law, Oxford, 2003, pp. 145–72.
Page 10
below), but without a clear distinction being made between established law and aspirations.35 The
term is very rarely found in treaties.
Judicial decisions
Although, formally, judgments of courts and tribunals, international and domestic, are a subsidiary
source of international law, in practice they may have considerable influence. Because judgments
result from careful consideration of particular facts and legal arguments, they carry persuasive
authority. There are relatively few international courts and tribunals, but thousands of domestic
ones; and most cases involving international law come before domestic courts, often final courts of
appeal.36 The cumulative effect of such decisions on a particular legal point can be evidence of
custom, though domestic courts sometimes get international law wrong.
Teachings of the most highly qualified publicists
The role played by writers on international law is also subsidiary. In the formative days of
international law their views may have been more influential than they are today. Now their main
value depends on the extent to which the books and articles are works of scholarship, that is to say,
based on thorough research into what the law is (lex lata), or may be, rather than comparing the
views of other writers as to what the law ought to be (lex ferenda). A work of rigorous scholarship
will inevitably have more influence on a court, whether domestic or international.
General international law
One sees this phrase from time to time. It is a rather vague reference to the corpus of international
law other than treaty law, and therefore includes those treaty principles or rules that have become
accepted as also customary international law.37
Obligations erga omnes
In Barcelona Traction (Second Phase), the International Court of Justice pointed out that certain
obligations on a state are owed to all states,
35. See ‘Soft law’, p. 11 below.
36. See the cumulative indexes to International Law Reports, published by Cambridge University Press.
37. See p. 6 above. On Statements of international law, see (2003) BYIL 585–6.
Page 11
or erga omnes (for all the world). These include jus cogens and important human rights.38 Certain
treaties have been held to create a status or regime valid erga omnes.39 Examples include those
providing for neutralisation or demilitarisation of a certain territory or area, such as Svalbard or
outer space; for freedom of navigation in international waterways, such as the Suez Canal, or for a
regime for a special area, such as Antarctica.40
Jus cogens
Jus cogens (or a peremptory or absolute rule of general international law) is, in the words of Article
53 of the Vienna Convention on the Law of Treaties 1969:
a norm accepted and recognised by the international community of states as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of general international
law having the same character.
The concept was once controversial.41 Now it is more its scope and applicability that is unclear.42
There is no agreement on the criteria for identifying which principles of general international law
have a peremptory character: everything depends on the particular nature of the subject matter.
Perhaps the only generally accepted examples of jus cogens are the prohibitions on the use of force
(as laid down in the UN Charter)43 and on genocide, slavery and torture. This is so even where such
acts are prohibited by treaties that parties can withdraw from.44 It is wrong to assume that all the
provisions of human rights treaties, such as due process, are jus cogens or even rules of customary
international law.45
‘Soft law’
There is no agreement about what is ‘soft law’, or indeed if it really exists.46 Generally, it is used to
describe international instruments that their
38. See Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Advisory
Opinion, ICJ Reports (2004), paras. 154–9; ILM (2004) 1009.
39. See M. Ragazzi, The Concept of International Obligations Erga Omnes, Oxford, 1997, pp. 24–7; and
p. 354 above.
40. See pp. 354 et seq below for details.
41. See . Sinclair, The Vienna Convention on the Law of Treaties, 2nd edn, Manchester, 1984, pp.
203–41.
42. For an in-depth discussion of jus cogens, see Sinclair, pp. 203–26.
43. See p. 224 below.
44. See p. 101 below.
45. See p. 245 below.
46. See Birnie and Boyle, International Law and the Environment, 2nd edn, Oxford, 2002, pp. 24–7.
Page 12
makers recognise are not treaties, even if they employ imperative language such as ‘shall’, but have
as their purpose the promulgation of ‘norms’ (see above) of general or universal application. Such
non-treaty instruments are typically called Guidelines, Principles, Declarations, Codes of Practice,
Recommendations or Programmes. They are frequently found in the economic, social and
environmental fields. The Rio Declaration on Environment and Development 1992 is one.47
Because the subject matter is usually not yet well developed, or there is a lack of consensus on the
content, it cannot be embodied in a treaty. But the soft law Universal Declaration of Human Rights
1948 has been the source for many universal and regional human rights treaties. Many ‘soft law’
instruments can be regarded as MOUs in the sense that there is no intention that they should be
legally binding.48
Comity
In their international relations states also observe certain rules of comity.49 These are not legally
binding, but rules of politeness, convenience and goodwill, such as the reciprocal provision of free,
but limited, on-street parking for diplomats.50 Later some may become binding rules. Courts may
also rely upon comity as a reason for not accepting jurisdiction in a case, but this seems to be due to
a misunderstanding. The courts are then really applying either a rule of conflict of laws or acting
with restraint in exercising their jurisdiction in accordance with principles of international law.51
Domestic law
The law that applies within a state is described variously as ‘national’, ‘internal’ or ‘municipal’ law,
though most international lawyers now seem to favour ‘domestic law’. That term will be used here,
even though it can sometimes be confused with family law.
For international lawyers, the most important aspect of domestic law is its relationship (interface)
with international law.52 Most judgments on
47. ILM (1992) 876; B&B Docs. 9; and see p. 330 below.
48. See pp. 53, 55 below as to the meaning of MOUs.
49. See Oppenheim, pp. 50–1; Brownlie, p. 28.
50. See Parking Privileges for Diplomats (1971) 70 ILR 396; and E. Denza, Diplomatic Law, 2nd edn,
Oxford, 1998, pp. 164–5.
51. See p. 160 below.
52. See generally Oppenheim, pp. 52–86; E. Denza, in M. Evans (ed.), International Law, Oxford, 2003,
pp. 415–42.
Page 13
issues of international law are made by domestic courts, and by this means much of international law
has been developed and will continue to do so.53 Although international law exists on the
international plane, much of it is now intended to reach deep into the internal legal order of states
and so operate in domestic law. This is most obvious with treaties, many of which have to be
implemented in domestic law to be effective. International law does not allow a state to invoke its
domestic law to justify its failure to perform a treaty,54 but this applies equally to the rest of
international law.55 The way in which domestic courts deal with an issue of international law is
therefore important. (The place of treaties in domestic law is explained at pp. 79–86 below.)
How customary international law is applied by domestic courts is entirely dependent on the
constitution and law of each state. Most treat customary international law as part of domestic law
and, therefore, unlike foreign law, does not (as in common law systems) have to be proved by expert
evidence, but is usually a matter for legal argument. The chief difference of approach is between
those constitutions that provide that customary international law is supreme law (e.g. Germany), and
those where it is not. In the latter case, if there is a conflict between customary international law and
(1) the constitution, the constitution prevails (e.g. the United States), or (2) legislation, the
legislation prevails (e.g. the United Kingdom and most Commonwealth states). The latter rule
reflects the pure form of dualism.56
Subjects of international law
By ‘subjects’, is not meant topics, but those persons or entities to which international law applies. It
obviously applies to states since they have always been a fundamental concept of international law
(see the next chapter).57 But can international law apply also to natural persons (individuals) and
legal persons (like corporations)? Such persons are not creations of international law, and are not
regarded by most authorities as subjects of international law to whom international rights (and
obligations) attach directly.58 Instead they are generally seen as ‘objects’ of international law.
53. See the consolidated index to the 126 (and counting) volumes of International Law Reports published
by Cambridge University Press.
54. Article 27 of the Vienna Convention on the Law of Treaties (see p. 79 below).
55. Oppenheim, pp. 82–6.
56. See further in respect of treaties, at pp. 81-3 below.
57. Oppenheim, p. 16.
58. For a thought-provoking view, see Higgins, pp. 38–55.
Page 14
Although international law increasingly gives rights to, and imposes obligations on, persons, the
notion that they therefore enjoy rights under international law goes too far. Such rights can be
enforced by or against persons only through action by states. A person with a claim against a foreign
state cannot himself take his claim to an international court or tribunal. Either his state has to do it
for him,59 or there must be some mechanism established by the two states (usually a treaty) under
which he can himself bring his claim directly before an international tribunal.60 Likewise, if under
international criminal law or the law of armed conflict persons are liable to be prosecuted in
domestic or international courts for serious breaches, that can be done only if states have agreed on
the establishment of the necessary international or domestic means to do that,61 and both will need
some domestic action by states. In short, international rights and obligations still exist on the
international plane.62
An important subject of international law is now also the international organisation (see pp. 196 et
seq below).
National liberation movements
With the development of the law relating to non-self-governing territories and the principle of self-
determination, certain rebel movements – now usually referred to as national liberation movements
(NLMs) – may be in the process of acquiring the status of a subject of international law,63 though,
with the notable exception of Palestine, most of the peoples represented by NLMs have now
obtained statehood for their territories. This process was helped by permanent observer status in the
United Nations being accorded to NLMs that were recognised by the Organization of African Unity
(now the African Union) or the League of Arab States, so in practice excluding secessionist
movements.
NGOs
Even if they operate internationally (like Amnesty or Greenpeace), non-governmental organisations
(NGOs) are bodies established under
59. See pp. 183-84 below.
60. For example, under bilateral investment treaties, see p. 373 below, though enforcement of an award
may need to be done in domestic law.
61. See pp. 263 et seq below.
62. See also pp. 251 et seq below on the relationship between international and domestic law.
63. See Oppenheim, pp. 162–4; Shaw, pp. 220–3; Brownlie, pp. 61–2.
Page 15
domestic law. Although they have proliferated enormously in the second half of the twentieth
century, and been very active and sometimes influential on the international scene, they are not
subjects of international law.64 They are essentially providers of information, lobbyists or pressure
groups, and as such may properly be regarded as so-called non-state actors. The International
Committee of the Red Cross (ICRC) has a rather special status.65
64. Oppenheim, p. 21.
65. See pp. 196 and 262 below.
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The truth is that international law is neither a myth on the one hand, nor a panacea on the other, but just
one institution among others which we can use for the building of a better international order.1
Oppenheim. Oppenheim’s International Law, 9th edn, London, 1992, p. 3–115
Shaw, International Law, 5th edn, Cambridge, 2003, pp. 1–246
Higgins, Problems and Process, Oxford, 1994, pp. 1–55
Brownlie, Principles of Public International Law, 6th edn, Oxford, 2003, pp. 3–68
Parry, The Sources and Evidences of International Law, Cambridge, 1965
First let us clear away any misunderstandings about private international law and transnational law.
Private international law/conflict of laws
Private international law is an unfortunate term for what is more properly and accurately called
conflict of laws. That is the body of rules of the domestic law2 of a state which applies when a legal
issue contains a foreign element, and it has to be decided whether a domestic court should apply
foreign law or cede jurisdiction to a foreign court.3 Many of the rules are now found in legislation.
Naturally, over time the domestic rules grow closer as states come to adopt similar solutions to the
same problems, but they remain domestic law. Established in 1893, the Hague Conference on
Private International Law seeks primarily to harmonise domestic rules on
1. J. Brierly, The Law of Nations, 5th edn, Oxford, 1955, Preface, reprinted ibid. in 6th edn, Oxford, 1963.
2. See p. 12 below, including its relationship to international law.
3. Dicey and Morris, Conflict of Laws, 13th edn, London, 2000, p. 3; Cheshire and North, Private
International Law, 13th edn, London, 1999, p. 7; J. Collier, Conflict of Laws, 3rd edn, Cambridge, 2001,
pp. 386–94.
Page 2
conflict of laws, and since 1954 has concluded some thirty-six multilateral treaties.4 These must be
distinguished from treaties that seek to unify or harmonise states’ substantive domestic laws, such as
on carriage by air or sea, or intellectual property.5 UNIDROIT is an international organisation with
fifty-nine member states that seeks to harmonise domestic laws, especially commercial.6 Despite its
name, it is neither a UN body nor a UN specialised agency. But UNCITRAL is a UN body charged
with promoting the harmonisation of international trade law.7
A legal matter can raise issues of both international law and conflict of laws, particularly on
questions of jurisdiction,8 and today the distinction between international law and conflict of laws
can be blurred as more international law, treaties in particular, reaches right down into the internal
legal order, as exemplified by the law of the European Union.9 Nevertheless, it is still vital to
appreciate the distinctions between different categories of law, their purpose and how they develop.
Transnational law
This term seems to have been coined to describe the study of any aspect of law that concerns more
than one state, in particular conflict of laws, comparative law (the study of how the laws of different
states deal with a particular area or issue of domestic law), supranational law (European Union law)
and public international law, particularly in the commercial field. It may bring useful insights into
the development of law, but one should not be led into believing that we are now living in a world
where all laws of whatever type are rapidly converging. Within many states, especially federations
and even in the United Kingdom, there are separate systems of domestic law, and this is likely to
continue for a very long time.
The nature of international law
International law is sometimes called public international law to distinguish it from private
international law, though, as already explained, even this can lead to misunderstandings. Whatever
the connections international law has with other systems of law, it is clearly distinguished by the fact
that it is not the product of any national legal system, but of the states
4. Oppenheim, p. 7. See www.hcch.net.
5. Oppenheim, p. 6, n. 11.
6. See www.unidroit.org.
7. See p. 389 below.
8. See p. 43 below.
9. See p. 466 below.
Page 3
(now over 190) that make up our world. In the past, international law was referred to as the Law of
Nations.10 Although it had been developing over many centuries,11 international law as we know it
today is commonly said to have begun properly with the Dutch jurist and diplomat, Grotius (Hugo
de Groot), 1583–1645, and with the Peace of Westphalia 1648.12 That event marked not only the
end of the Thirty Years War but also the end of feudalism (and, with the Reformation, obedience to
the Pope) and the establishment of the modern state with central governmental institutions that could
enforce control over its inhabitants and defend them against other states. But since those states had
to live with each other, there had to be common rules governing their external conduct. Although
rudimentary rules had been developing ever since civilised communities had emerged, from the mid-
seventeenth century they began to develop into what we now recognise as international law.
But is international law really law?
Unfortunately, this question is still being asked, and not only by students. The answer depends on
what is meant by law. Whereas the binding nature of domestic law is not questioned, new students
of international law are confronted with the issue: is international law merely a collection of
principles that a state is free to ignore when it suits it? Whereas every day newspapers report crimes,
it is usually only when a flagrant breach of international law occurs that the media take notice of
international law. This can give a distorted impression of the nature of international law.
International law has no ready sanction for its breach. Because there is no international police force
or army that can immediately step in, international law is often perceived as not really law. Yet the
record of even the most developed domestic legal systems in dealing with crime does not bear close
scrutiny.
Although it is as invidious as comparing apples and oranges, in comparison with domestic crime
states generally do comply rather well with international law. If, as H. L. A. Hart argued,13 law
derives its strength from acceptance by society that its rules are binding, not from its enforceability,
10. See J. Brierly, The Law of Nations, 6th edn, Oxford, 1963. See especially pp. 1 on the origins of
international law.
11. See Shaw, pp. 13–41; A. Nussbaum, A Concise History of the Law of Nations, rev. edn, New York,
1954.
12. 1 CTS pp. , 70, 198 and 319
13. The Concept of Law, Oxford, 1961.
Page 4
then international law is law. The raison d’être of international law is that relations between states
should be governed by common principles and rules. Yet what they are is determined by national
interest, which in turn is often driven by domestic concerns. Those matters on which international
law developed early on included freedom of the high seas and the immunity of diplomats. Both were
vitally important for the increasing international trade, the famous 1654 Treaty of Peace and
Commerce between Queen Christina and Oliver Cromwell epitomising this new reality.14 As we
will see when we look at the sources of international law, its binding force does not come from the
existence of police, courts and prisons. It is based on the consent (express or implied) of states, and
national self-interest: if a state is seen to ignore international law, other states may do the same. The
resulting chaos would not be in the interest of any state. While the language of diplomacy has
changed over the centuries from Latin to French to English, international law has provided a vitally
important and constantly developing bond between states. As this book will show, today in many
areas of international law the rules are well settled. As with most domestic law, it is how the rules
are to be applied to the particular facts that cause most problems.
To look at the question from a more mundane point of view, international law is all too real for
those who have to deal with it daily. Foreign ministries have legal departments. Some are large: the
US State Department has some 150 legal advisers; the UK Foreign and Commonwealth Office
thirty-five, including some seven posted in Brussels, Geneva, New York and The Hague. Their task
is to advise on a host of legal matters that arise in the conduct of foreign affairs. They also have the
conduct of cases involving international law in international, foreign and UK courts and tribunals. If
international law is not law, then they and their legal colleagues in other foreign ministries are
drawing their salaries under false pretences. Which brings one to international lawyers.
International lawyers
Although more students are studying international law, it is not easy for a young lawyer to practise
it. Even in large law firms that have international law departments, the bulk of their work is
commercial arbitration. The involvement of barristers and advocates in international law is usually
14. 1 BSP 691.
Page 5
incidental to their normal work. Most of the distinguished practitioners of international law who
appear before international courts or tribunals are professors of international law. As a rule, foreign
ministry legal departments are staffed by diplomats who have legal training, but who alternate
between legal and political posts. Few have legal advisers who during their careers do little other
than law, the British Diplomatic Service being a prime exception. There are jobs for international
lawyers also in the United Nations and other international organisations.
Sometimes the media will describe a person as an ‘international lawyer’, yet he may at most have
a practice with many foreign clients, and be concerned more with foreign law and conflict of laws.
Yet, when the media is full of stories questioning the lawfulness of a state’s actions, some domestic
lawyers rush to express their opinions, usually critical. They are not always wrong, but usually
display a lack of familiarity with international law, apparently believing that the reading of a
textbook or an (apparently simple) instrument like the UN Charter is enough. The fact that some
textbooks are lucid and make international law accessible, does not mean that a domestic lawyer,
however eminent, can become an expert on it overnight. The difficulties that the judges of the House
of Lords (the UK’s final appeal court) had in grappling with international law in the Pinochet case,
despite having been addressed by several international law experts, are amply demonstrated by their
differing separate opinions.15 Some domestic lawyers have specialised in particular areas of
international law such as aviation, human rights or the environment, without a good grounding in
international law generally. A tax law expert will necessarily have a sound knowledge of contract,
tort and other basic areas of domestic law, without which it would be difficult to advise effectively.
The sources of international law
International law differs from domestic law in that it is not always that easy to find out what the law
is on a particular matter. Domestic law is reasonably certain and found mostly in legislation and
judgments of a hierarchy of courts. In contrast, international law is not so accessible, coherent or
certain. There is no global legislature (the UN General Assembly does not equate to a national
legislature), and no formal hierarchy of international courts and tribunals. As with the (mainly
unwritten) British
15. R. v. Bow Street Stipendiary Magistrate, ex parte Pinochet (No. 3) [2000] 1 AC 147; [1999] 2 WLR
825; [1999] 2 All ER 97; 119 ILR 135.
Page 6
Constitution, an initial pointer to the international law on a given topic is often best found in the
textbooks. They will explain that international law is derived from various sources, which are
authoritatively listed in Article 38(1) of the Statute of the International Court of Justice (annexed to
the UN Charter) as:
1.
international conventions, whether general or particular, establishing rules expressly
recognised by the contracting states;
2. international custom, as evidence of a general practice accepted as law;
3. the general principles of law recognised by civilised nations;
4.
subject to the provisions of Article 59,16 judicial decisions and the teachings of the most
highly qualified publicists of the various nations, as subsidiary means for the determination of
rules of law.
Treaties
The reference in (a) to ‘international conventions’ is to bilateral and multilateral treaties. For the
moment it is enough to say that, as with domestic legislation, treaties now play a crucial role in
international law, important areas of customary international law having now been codified in
widely accepted treaties. In consequence, custom and the other sources of international law are no
longer as important as they used to be. But that does not mean that custom is on a lower level than
treaties. There is no formal hierarchy of the sources of international law. As between parties to a
treaty, the treaty binds them. As between a party to a treaty and a non-party, custom will apply,
including custom derived from treaties.17 General principles of law, judgments and the opinions of
writers are of less importance as sources. (The law of treaties is dealt with in some detail in Chapter
5.)
Customary international law
Customary international law – or simply ‘custom’ – must be distinguished from the customary law
that is an important part of some states’ domestic law and deals largely with family matters, land and
suchlike. In international law a rule of custom evolves from the practice of states, and this can
16. Decisions of the Court are binding only on the parties to the case (res judicata).
17. See p. 8 below.
Page 7
take a considerable or a short time. There must be evidence of substantial uniformity of practice by a
substantial number of states. In 1974 the ICJ found that a customary rule (now superseded) that
states had the right to exclusive fishing within a twelve nautical mile zone had emerged.18 State
practice can be expressed in various ways, such as governmental actions in relation to other states,
legislation, diplomatic notes, ministerial and other official statements, government manuals (as on
the law of armed conflict), and certain unanimous or consensus resolutions of the UN General
Assembly. The first such resolution was probably Resolution 95( ) of 11 December 1946 which
affirmed unanimously the principles of international law recognised by the Charter of the Nürnberg
International Military Tribunal and its judgment.
When a state that has an interest in the matter is silent, it will generally be regarded as acquiescing
in the practice. But if the new practice is not consistent with an established customary rule, and a
state is a persistent objector to the new practice, the practice either may not be regarded as evidence
of new custom or the persistent objector may be regarded as having established an exception to the
new customary rule.
But to amount to a new rule of custom, in addition to practice there must also be a general
recognition by states that the practice is settled enough to amount to an obligation binding on states
in international law. This is known as opinio juris (not the opinions of jurists). Sometimes the
recognition will be reflected in a court judgment reached after legal argument based on the extensive
research and writings of international legal scholars. In themselves, neither judicial pronouncements
nor favourable mention in a UN resolution, even when adopted by a large majority, are conclusive as
to the emergence of new custom. 19 But in Nicaragua v. US (Merits) (1986)20 the International
Court of Justice found that the acceptance by states of the Friendly Relations Declaration of the
General Assembly21 constituted opinio juris that the Charter prohibition on the use of force now
also represented custom. There is however a growing tendency for international courts and tribunals,
without making a rigorous examination of the evidence, to find that a customary rule has emerged.
In Tadic the International Criminal Tribunal for the Former
18. Fisheries Jurisdiction (UK v. Iceland; Germany v. Iceland), ICJ Reports (1974), p. 3, at pp. 23–6; 55
ILR 238. For the present law, see p. 318 below.
19. See the Namibia Advisory Opinion, ICJ Reports (1971), p. 6; paras. 87–116; 59 ILR 2; and the
Legality of Nuclear Weapons Advisory Opinion, ICJ Reports (1996), p. 226, paras. 64–73; 110 ILR 163.
20. ICJ Reports (1986), p. 14, paras. 183–94; 76 ILR 1.
21. ILH (1970) 1292.
Yugoslavia ruled that it had jurisdiction over war crimes committed during an internal armed
conflict even though its Statute does not provide for this.22
Page 8
Establishing opinio juris can be difficult and everything will depend on the circumstances. 23 It is
easiest when the purpose of a new multilateral treaty is expressed to be codification of customary
international law. Even if the treaty includes elements of progressive development,24 if it is widely
regarded by states as an authoritative statement of the law, and constantly and widely referred to, it
will soon come to be accepted as reflecting the customary rules, sometimes even before it has
entered into force. This was certainly the case with the Vienna Convention on the Law of Treaties
1969, which even now has only 101 parties.25 Although many provisions of the UN Convention on
the Law of the Sea 1982 (UNCLOS) went beyond mere codification of customary rules in most
respects, the negotiations proceeded on the basis of consensus.26 It was therefore that much easier
during the twelve years before UNCLOS entered into force for most of its provisions to become
accepted as representing customary law.
An accumulation of bilateral treaties on the same subject, such as investment treaties, may in
certain circumstances also be evidence of a customary rule.27
General principles of law recognised by civilized nations28
Compared with domestic law, international law is relatively under-developed and patchy, though in
the last fifty years it has developed several important new specialised areas. International courts and
tribunals have always borrowed concepts from domestic law if they can be applied to relations
between states, and by this means have developed international law by filling gaps and strengthening
weak points. Such concepts are chiefly
22. See the decision of the Appeals Chamber: www.icty.org, Case IT-94-1, paras. 65 et seq; 105 ILR 453.
23. Shaw, pp. 68–72.
24. See n. 26 below.
25. See p. 52 below. See also A. Aust, ‘Limping Treaties: Lessons from Multilateral Treaty-making’ (2003)
NILR 243 at 248–51.
26. See H. Caminos and M. Molitor, ‘Progressive Development of International Law and the Package
Deal’ (1985) AJIL 871–90.
27. See p. 373 below.
28. ‘Civilized’ should not be seen as a demeaning term; the Statute is merely referring to states that have
reached an advanced state of legal development.
legal reasoning and analogies drawn from private law,29 such as good faith and estoppel.
Good faith
Page 9
The obligation to act in good faith is a fundamental principle of international law, and includes
equity.30 Article 2(2) of the UN Charter requires all Members to fulfil their Charter obligations in
good faith. Similarly, the Vienna Convention on the Law of Treaties 1969 requires parties to a treaty
to perform the treaty (Article 26), and to interpret it (Article 31(1)), in good faith.31 The principle is
not restricted to treaties but applies to all international obligations.
Estoppel
Known as preclusion in civil law systems, estoppel has two aspects. A state that has taken a
particular position may be under an obligation to act consistently with it on another occasion. And
when a state has acted to its detriment in relying on a formal declaration by another state, the latter
may be estopped from denying its responsibility for any adverse consequences.32
Norms
Sir Robert Jennings, a former President of the International Court of Justice, once famously said that
he would not recognise a norm if he met one in the street. But, some international lawyers speak of
norms of international law. In English, norm means a standard. Use of the word seems to have been
popularised by Professor Hans Kelsen,33 who saw international law as at the top of the hierarchy of
law. The term is used more by civil lawyers than common lawyers. It may be useful in theoretical
analysis of certain international law issues.34 Unfortunately, it is also used loosely to cover not only
principles and rules but also lex ferenda (see
29. See H. Lauterpacht, ‘Private Law Sources and Analogies of International Law’, in E. Lauterpacht
(ed.), International Law: Being the Collected Papers of Sir Hersch Lauterpacht, Cambridge, 1970–8, vol.
2, pp. 173–212; B. Cheng, General Principles of Law as Applied by International Courts and Tribunals,
Cambridge, 1953, reprinted 1987.
30. Oppenheim, pp. 38 and 44.
31. See further pp. 79 and 90 below, respectively.
32. Oppenheim, pp. 1188–93. See p. 57 below about the possible legal consequences of an MOU.
33. General Theory of Law and State, Harvard, 1945.
34. See for example D. Shelton, ‘International Law and “Relative Normativity”’, in M. Evans (ed.),
International Law, Oxford, 2003, pp. 145–72.
Page 10
below), but without a clear distinction being made between established law and aspirations.35 The
term is very rarely found in treaties.
Judicial decisions
Although, formally, judgments of courts and tribunals, international and domestic, are a subsidiary
source of international law, in practice they may have considerable influence. Because judgments
result from careful consideration of particular facts and legal arguments, they carry persuasive
authority. There are relatively few international courts and tribunals, but thousands of domestic
ones; and most cases involving international law come before domestic courts, often final courts of
appeal.36 The cumulative effect of such decisions on a particular legal point can be evidence of
custom, though domestic courts sometimes get international law wrong.
Teachings of the most highly qualified publicists
The role played by writers on international law is also subsidiary. In the formative days of
international law their views may have been more influential than they are today. Now their main
value depends on the extent to which the books and articles are works of scholarship, that is to say,
based on thorough research into what the law is (lex lata), or may be, rather than comparing the
views of other writers as to what the law ought to be (lex ferenda). A work of rigorous scholarship
will inevitably have more influence on a court, whether domestic or international.
General international law
One sees this phrase from time to time. It is a rather vague reference to the corpus of international
law other than treaty law, and therefore includes those treaty principles or rules that have become
accepted as also customary international law.37
Obligations erga omnes
In Barcelona Traction (Second Phase), the International Court of Justice pointed out that certain
obligations on a state are owed to all states,
35. See ‘Soft law’, p. 11 below.
36. See the cumulative indexes to International Law Reports, published by Cambridge University Press.
37. See p. 6 above. On Statements of international law, see (2003) BYIL 585–6.
Page 11
or erga omnes (for all the world). These include jus cogens and important human rights.38 Certain
treaties have been held to create a status or regime valid erga omnes.39 Examples include those
providing for neutralisation or demilitarisation of a certain territory or area, such as Svalbard or
outer space; for freedom of navigation in international waterways, such as the Suez Canal, or for a
regime for a special area, such as Antarctica.40
Jus cogens
Jus cogens (or a peremptory or absolute rule of general international law) is, in the words of Article
53 of the Vienna Convention on the Law of Treaties 1969:
a norm accepted and recognised by the international community of states as a whole as a norm from which
no derogation is permitted and which can be modified only by a subsequent norm of general international
law having the same character.
The concept was once controversial.41 Now it is more its scope and applicability that is unclear.42
There is no agreement on the criteria for identifying which principles of general international law
have a peremptory character: everything depends on the particular nature of the subject matter.
Perhaps the only generally accepted examples of jus cogens are the prohibitions on the use of force
(as laid down in the UN Charter)43 and on genocide, slavery and torture. This is so even where such
acts are prohibited by treaties that parties can withdraw from.44 It is wrong to assume that all the
provisions of human rights treaties, such as due process, are jus cogens or even rules of customary
international law.45
‘Soft law’
There is no agreement about what is ‘soft law’, or indeed if it really exists.46 Generally, it is used to
describe international instruments that their
38. See Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Advisory
Opinion, ICJ Reports (2004), paras. 154–9; ILM (2004) 1009.
39. See M. Ragazzi, The Concept of International Obligations Erga Omnes, Oxford, 1997, pp. 24–7; and
p. 354 above.
40. See pp. 354 et seq below for details.
41. See . Sinclair, The Vienna Convention on the Law of Treaties, 2nd edn, Manchester, 1984, pp.
203–41.
42. For an in-depth discussion of jus cogens, see Sinclair, pp. 203–26.
43. See p. 224 below.
44. See p. 101 below.
45. See p. 245 below.
46. See Birnie and Boyle, International Law and the Environment, 2nd edn, Oxford, 2002, pp. 24–7.
Page 12
makers recognise are not treaties, even if they employ imperative language such as ‘shall’, but have
as their purpose the promulgation of ‘norms’ (see above) of general or universal application. Such
non-treaty instruments are typically called Guidelines, Principles, Declarations, Codes of Practice,
Recommendations or Programmes. They are frequently found in the economic, social and
environmental fields. The Rio Declaration on Environment and Development 1992 is one.47
Because the subject matter is usually not yet well developed, or there is a lack of consensus on the
content, it cannot be embodied in a treaty. But the soft law Universal Declaration of Human Rights
1948 has been the source for many universal and regional human rights treaties. Many ‘soft law’
instruments can be regarded as MOUs in the sense that there is no intention that they should be
legally binding.48
Comity
In their international relations states also observe certain rules of comity.49 These are not legally
binding, but rules of politeness, convenience and goodwill, such as the reciprocal provision of free,
but limited, on-street parking for diplomats.50 Later some may become binding rules. Courts may
also rely upon comity as a reason for not accepting jurisdiction in a case, but this seems to be due to
a misunderstanding. The courts are then really applying either a rule of conflict of laws or acting
with restraint in exercising their jurisdiction in accordance with principles of international law.51
Domestic law
The law that applies within a state is described variously as ‘national’, ‘internal’ or ‘municipal’ law,
though most international lawyers now seem to favour ‘domestic law’. That term will be used here,
even though it can sometimes be confused with family law.
For international lawyers, the most important aspect of domestic law is its relationship (interface)
with international law.52 Most judgments on
47. ILM (1992) 876; B&B Docs. 9; and see p. 330 below.
48. See pp. 53, 55 below as to the meaning of MOUs.
49. See Oppenheim, pp. 50–1; Brownlie, p. 28.
50. See Parking Privileges for Diplomats (1971) 70 ILR 396; and E. Denza, Diplomatic Law, 2nd edn,
Oxford, 1998, pp. 164–5.
51. See p. 160 below.
52. See generally Oppenheim, pp. 52–86; E. Denza, in M. Evans (ed.), International Law, Oxford, 2003,
pp. 415–42.
Page 13
issues of international law are made by domestic courts, and by this means much of international law
has been developed and will continue to do so.53 Although international law exists on the
international plane, much of it is now intended to reach deep into the internal legal order of states
and so operate in domestic law. This is most obvious with treaties, many of which have to be
implemented in domestic law to be effective. International law does not allow a state to invoke its
domestic law to justify its failure to perform a treaty,54 but this applies equally to the rest of
international law.55 The way in which domestic courts deal with an issue of international law is
therefore important. (The place of treaties in domestic law is explained at pp. 79–86 below.)
How customary international law is applied by domestic courts is entirely dependent on the
constitution and law of each state. Most treat customary international law as part of domestic law
and, therefore, unlike foreign law, does not (as in common law systems) have to be proved by expert
evidence, but is usually a matter for legal argument. The chief difference of approach is between
those constitutions that provide that customary international law is supreme law (e.g. Germany), and
those where it is not. In the latter case, if there is a conflict between customary international law and
(1) the constitution, the constitution prevails (e.g. the United States), or (2) legislation, the
legislation prevails (e.g. the United Kingdom and most Commonwealth states). The latter rule
reflects the pure form of dualism.56
Subjects of international law
By ‘subjects’, is not meant topics, but those persons or entities to which international law applies. It
obviously applies to states since they have always been a fundamental concept of international law
(see the next chapter).57 But can international law apply also to natural persons (individuals) and
legal persons (like corporations)? Such persons are not creations of international law, and are not
regarded by most authorities as subjects of international law to whom international rights (and
obligations) attach directly.58 Instead they are generally seen as ‘objects’ of international law.
53. See the consolidated index to the 126 (and counting) volumes of International Law Reports published
by Cambridge University Press.
54. Article 27 of the Vienna Convention on the Law of Treaties (see p. 79 below).
55. Oppenheim, pp. 82–6.
56. See further in respect of treaties, at pp. 81-3 below.
57. Oppenheim, p. 16.
58. For a thought-provoking view, see Higgins, pp. 38–55.
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Although international law increasingly gives rights to, and imposes obligations on, persons, the
notion that they therefore enjoy rights under international law goes too far. Such rights can be
enforced by or against persons only through action by states. A person with a claim against a foreign
state cannot himself take his claim to an international court or tribunal. Either his state has to do it
for him,59 or there must be some mechanism established by the two states (usually a treaty) under
which he can himself bring his claim directly before an international tribunal.60 Likewise, if under
international criminal law or the law of armed conflict persons are liable to be prosecuted in
domestic or international courts for serious breaches, that can be done only if states have agreed on
the establishment of the necessary international or domestic means to do that,61 and both will need
some domestic action by states. In short, international rights and obligations still exist on the
international plane.62
An important subject of international law is now also the international organisation (see pp. 196 et
seq below).
National liberation movements
With the development of the law relating to non-self-governing territories and the principle of self-
determination, certain rebel movements – now usually referred to as national liberation movements
(NLMs) – may be in the process of acquiring the status of a subject of international law,63 though,
with the notable exception of Palestine, most of the peoples represented by NLMs have now
obtained statehood for their territories. This process was helped by permanent observer status in the
United Nations being accorded to NLMs that were recognised by the Organization of African Unity
(now the African Union) or the League of Arab States, so in practice excluding secessionist
movements.
NGOs
Even if they operate internationally (like Amnesty or Greenpeace), non-governmental organisations
(NGOs) are bodies established under
59. See pp. 183-84 below.
60. For example, under bilateral investment treaties, see p. 373 below, though enforcement of an award
may need to be done in domestic law.
61. See pp. 263 et seq below.
62. See also pp. 251 et seq below on the relationship between international and domestic law.
63. See Oppenheim, pp. 162–4; Shaw, pp. 220–3; Brownlie, pp. 61–2.
Page 15
domestic law. Although they have proliferated enormously in the second half of the twentieth
century, and been very active and sometimes influential on the international scene, they are not
subjects of international law.64 They are essentially providers of information, lobbyists or pressure
groups, and as such may properly be regarded as so-called non-state actors. The International
Committee of the Red Cross (ICRC) has a rather special status.65
64. Oppenheim, p. 21.
65. See pp. 196 and 262 below.
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