This morning I developed the idea of using ‘Quadrant Boxes’ as a Preparation and Mapping Tool for Mediators and Mediation Advocates in the Mediation of Cultural Heritage Disputes [‘CH’].

It occurred to me that this tool also represents a 4 stage process in Mediation, i.e. it can be used as a ‘roadmap’ for dispute resolution.

Museum [P.1] Paradigm	Claimant [P.2] Paradigm
Bridge (i.e. to ‘Convergence’)	New Paradigm (i.e. jointly-developed creative solution).

The boxes work together as a holistic and interacting whole.

Top left Box 1 – ‘Museum [P.1] Paradigm’ – i.e. ‘Internationalist/Universal’.

Top Right Box 2 – ‘Claimant [P.2] Paradigm’ – i.e. ‘Nationalist.’

Bottom Left – Box 3 – ‘Bridge’ (i.e. to ‘Convergence’) e.g. ‘Agreed Principles of Restitution.’

Bottom Right – Box 4 – ‘New Paradigm’ (i.e. jointly-developed creative solution).

In October, I will develop this Mediation Tool in the context of Cultural Heritage Disputes for my online talk in November and for my new book.

This month I am working on how IPR can be used as a ‘bridge’ in CH Disputes, which involve both ‘Private Law’ and ‘Public Law’ dimensions i.e. where a Museum is a state institution.

I think that the existence of a ‘multiverse’ of ‘interests’ presents both a challenge and an opportunity where IPR can be used creatively to ‘bridge’ the gap between the parties’ competing positions in a complex dispute, whether that is a CH dispute or a Commercial Dispute.

Out of curiosity I also asked Google AI whether WQuadrant Boxes are a Mediation Tool.

AI replied – ‘Yes, quadrant boxes can be a useful tool in mediation, particularly when analyzing the motivations of the parties involved. They help visualize and understand the potential for a successful mediation by assessing the parties’ “NEED to resolve” and “WANT to mediate”. This helps mediators tailor their approach and identify potential obstacles or opportunities for reaching an agreement. Here’s a more detailed explanation:

• Four-Box Model:One common application of quadrant boxes in mediation is the “four-box model”. This model plots individuals or groups on a grid based on their levels of “NEED to resolve” and “WANT to mediate”. 
• Analyzing Motivations:By understanding where parties fall on this grid, mediators can gain insights into their underlying motivations and potential willingness to compromise. 
• Tailoring the Approach:This analysis allows mediators to adjust their strategies accordingly. For example, a party with a high need to resolve and a low desire to mediate might require a more directive or evaluative approach, while a party with a high desire to mediate might be more open to facilitative techniques. 
• Identifying Obstacles:The quadrant model can also highlight potential obstacles to reaching an agreement. For instance, if both parties have a low need to resolve, it might indicate a lack of motivation for settlement. 
• Creative Solutions:By visualizing the different scenarios, mediators can also brainstorm creative solutions that might appeal to parties with varying needs and desires. 

Example:A mediator might use a four-box model to analyze the motivations of two neighbors disputing over a shared fence. One neighbor might have a high need to resolve the issue (e.g., they need the fence fixed for safety reasons) but a low desire to mediate (e.g., they believe the other neighbor is unreasonable). The other neighbor might have a low need to resolve (e.g., they are happy with the current situation) but a high desire to mediate (e.g., they want to maintain a good relationship with their neighbor). The mediator can then use this information to tailor their approach, perhaps focusing on finding a solution that addresses the first neighbor’s need while also appealing to the second neighbor’s desire to maintain a good relationship.’ 

AI – ‘Yes, cuisine in antiquity is considered cultural heritage. Foodways, including cooking methods, recipes, ingredients, dining customs, and the stories and beliefs surrounding them, are all recognized as important aspects of a culture’s intangible heritage. UNESCO has recognized numerous culinary traditions as Intangible Cultural Heritage, highlighting the significance of food in preserving cultural identity and traditions. 

Elaboration:

• Intangible Cultural Heritage:

Cuisine, encompassing everything from recipes and cooking techniques to dining etiquette and the stories associated with food, is considered part of a culture’s intangible heritage. This means it’s not a physical object, but rather a set of practices, representations, expressions, knowledge, and skills that communities recognize as part of their cultural identity. 

• UNESCO Recognition:

UNESCO’s Representative List of the Intangible Cultural Heritage of Humanity includes numerous food and drink-related traditions. This recognition emphasizes the importance of preserving these culinary traditions for future generations. 

• Cultural Identity:

Cuisine is deeply intertwined with cultural identity. It reflects a community’s history, values, beliefs, and relationship with its environment. Food traditions are often passed down through generations, carrying with them a sense of belonging and shared heritage. 

• Examples:

The French gastronomic meal, the Mediterranean diet, and traditional Mexican cuisine are examples of culinary traditions that have been recognized by UNESCO as part of their Intangible Cultural Heritage, according to Oxford Research Encyclopedias. These examples demonstrate how culinary traditions can be a source of pride, cultural expression, and even economic activity. 

• Preservation and Revitalization:

Recognizing cuisine as cultural heritage helps to ensure its preservation and revitalization. This can involve documenting recipes, promoting traditional cooking methods, and supporting local food systems.’

‘What is the history of Tabbouleh?’

AI – ‘Tabbouleh, a popular Levantine salad, has a history rooted in the mountains of Lebanon and Syria, where it’s believed to have originated thousands of years ago. The name itself, derived from the Arabic word “taabil,” meaning “to season” or “spice,” hints at its culinary purpose. Tabbouleh’s core ingredients, like parsley, bulgur, and mint, were readily available in these regions and were part of the diet of rural communities. Here’s a more detailed look at the history of tabbouleh:

• Ancient Origins:Tabbouleh is thought to have originated in the mountains of Lebanon and Syria, with some sources suggesting its history goes back over 4,000 years. 
• Medieval Times:Edible herbs, known as “qadb,” were a staple in the Arab diet during the Middle Ages, and likely formed the basis of early tabbouleh recipes. 
• Bulgur and Herbs:The dish’s main ingredients, bulgur (a type of cracked wheat) and fresh herbs like parsley and mint, were common in the region and readily available. 
• Spread and Popularity:Over time, tabbouleh spread throughout the Middle East, becoming a popular dish, especially in Lebanon, Syria, and Palestine. 
• Cultural Significance:Tabbouleh is more than just a salad; it’s a culinary symbol of the Levantine region, representing hospitality and the abundance of its natural resources. 
• Variations:Similar dishes, like the Turkish “kisir” and the Armenian “eetch,” can be found in the Middle East, highlighting the dish’s influence and regional adaptations. 
• Modern Popularity:Tabbouleh gained popularity in Western cultures in the late 20th century, particularly during the hippie and health food movements, and is now enjoyed worldwide.’

‘Did any dish similar to Tabbouleh exist in antiquity in South America and China?’

AI – ‘While tabbouleh itself is a Middle Eastern dish, with potential origins in the Levant dating back millennia, it’s reasonable to consider whether similar dishes involving grains and herbs existed in ancient South America or China, given the widespread cultivation of grains and use of herbs in ancient cultures. Ancient South America

• Quinoa was a sacred grain to the Inca and a staple of their diet. They not only consumed the grains but also the leaves as a vegetable.
• While not a direct parallel to tabbouleh, the Incas’ utilization of quinoa alongside vegetable leaves, even outside a salad context, suggests a possible basis for a similar dish to exist or evolve within their culinary tradition.
• Today, there are modern recipes for “Aztec Grain Salads” that combine quinoa with ingredients like roasted butternut squash, apples, and cranberries. “Ancient Grain and Kale Salad” recipes also feature quinoa alongside other grains like millet, kale, and tomatoes. These examples hint at the versatility of these grains in forming a base for fresh salads. 

Ancient China

• Ancient China had a strong culinary tradition that included the use of various grains and herbs.
• While direct evidence of a “tabbouleh-like” salad from ancient China isn’t readily available, the principle of combining cooked grains with fresh herbs and vegetables aligns with the ingredients and concepts found in other ancient Chinese dishes. 

In conclusion, while not necessarily identical in ingredients or presentation to modern tabbouleh, it’s plausible that ancient South America, particularly with the Inca’s use of quinoa and leaves, and ancient China, with its grain and herb traditions, may have had dishes that shared some similarities in their use of grains and fresh plant matter, potentially resembling a form of grain-based salad. It’s important to remember that culinary traditions evolve and historical documentation may not capture the full diversity of everyday food preparation.’

‘Is Tabbouleh an ancient health dish?’

AI – ‘Yes, tabbouleh is considered an ancient and healthy dish, originating in the Levant region (modern-day Lebanon and Syria) thousands of years ago. It’s a salad primarily composed of fresh parsley, mint, tomatoes, bulgur, and lemon juice, all of which are packed with nutrients. Here’s why it’s considered ancient and healthy:

• Historical Roots:Tabbouleh’s origins trace back to the mountains of Lebanon and Syria, where it was a staple in the diet of rural communities. The abundance of fresh herbs and grains in the region likely contributed to its development. 
• Nutrient-Rich Ingredients:The key components of tabbouleh, like parsley and mint, are known for their antioxidant properties and high vitamin content. Parsley is a good source of vitamins A, C, and K, as well as iron, calcium, and magnesium. Mint can aid digestion and is rich in antioxidants. 
• Mediterranean Diet:Tabbouleh is a classic example of the Mediterranean diet, which is widely recognized for its health benefits. The emphasis on fresh vegetables, herbs, and olive oil (a common ingredient in some tabbouleh variations) contributes to a heart-healthy eating pattern. 
• Symbol of Hospitality:In Middle Eastern culture, tabbouleh is often served as a symbol of welcome and generosity, highlighting the importance of fresh ingredients and communal meals. 
• Adaptable and Evolving:While traditional tabbouleh features bulgur, some modern variations include quinoa or other grains, and some recipes incorporate other vegetables or even proteins like grilled chicken. This adaptability has allowed tabbouleh to remain relevant and enjoyed worldwide.’ 

‘So, how common and extensive was culinary exchange in Antiquity?’

AI – ‘Culinary exchange in antiquity was extensive, driven by trade and empire building. Grains, olive oil, and wine were staples in the Greek and Roman diet, with Roman cuisine heavily reliant on imports from across their vast empire, including spices, fruits, and vegetables from Asia, Africa, and Europe. Examples include the Roman use of pepper, mustard, cinnamon, and other spices from the East, and the production of “garum,” a fish sauce, which became a staple condiment. Additionally, ancient dishes like tamales in Maya cuisine and stews in ancient Iraq demonstrate the long-term survival and evolution of culinary practices across different cultures. Specific Examples:

• The Roman Empire’s Reliance on Imports:The Roman Empire’s extensive trade network facilitated the movement of various foods across its territories and beyond. This included:
  • Grains, olive oil, and wine: These were fundamental to the Greek and Roman diet. 
  • Spices, fruits, and vegetables: From Asia, Africa, and Europe, these were imported for Roman cuisine. 
  • “Garum”: This fish sauce, produced in places like southern Hispania, was a common condiment in Roman dishes. 
• Ancient Greek and Roman Culinary Practices:
  • Symposium and Syssitia: These social dining practices in ancient Greece involved all-male gatherings and obligatory meals. 
  • Stewed meat: A common dish in ancient Israelite cuisine, also mentioned in Babylonian texts, demonstrating the longevity of stewed dishes. 
• Other notable examples:
  • Tamales in Maya cuisine: Often served at celebrations and sold in markets, with modern tamales still enjoyed in a similar way. 
  • Iraqi pacha: A stew-like dish that has been a staple in Iraq for a long time, with similarities to ancient Babylonian recipes. 
• The role of trade routes:Maritime and terrestrial routes connecting the Roman Empire to regions like Syria, Palestine, Anatolia, Persia, and Egypt facilitated the exchange of spices and other goods. … 

‘What in antiquity was Garum?’

In ancient times, garum was a fermented fish sauce, widely used as a condiment in the cuisines of the Phoenicians, ancient Greeks, Romans, and others. It was a popular ingredient, especially in the Roman world, and is often compared to modern Asian fish sauces for its umami flavor and use as a seasoning. Garum, a fermented fish sauce, was produced in factories during the Roman era, with different grades and variations produced. Here’s a more detailed explanation:

• Fermented Fish Sauce:Garum was made by fermenting the intestines and other parts of fish (like anchovies, mackerel, or tuna) in salt. The mixture was left to decompose in the sun for a period of time, often several months, and the resulting liquid was then strained. 
• Umami Flavor:The fermentation process broke down the fish proteins into amino acids, particularly glutamates, which gave garum its rich umami flavor, a savory taste sensation sought after in many cuisines. 
• Ubiquitous in Roman Cuisine:Garum was a staple in ancient Roman cooking and was used to season a wide variety of dishes, including fish, meat, vegetables, and even some sweet recipes. 
• Variations and Production:Different grades of garum existed, from table condiments to cooking sauces. Production centers, often called factories, were common throughout the Roman Empire. 
• Similar to Modern Fish Sauce:Garum shares similarities with modern Asian fish sauces like those from Vietnam, Thailand, and Cambodia, both in terms of its production method and the umami flavor it imparts. 
• Beyond Rome:While garum enjoyed its peak popularity in the Roman world, it was also used in earlier Greek cuisine and continued to be used in Byzantine and Arab cuisines.’ 

‘Is Guacamole a health food?’

AI – ‘Yes, guacamole can be considered a health food. It’s primarily made from avocados, which are rich in healthy fats, fiber, and various vitamins and minerals. These components contribute to heart health, promote feelings of fullness, and may even help with weight management. 

Here’s why guacamole is often seen as a healthy choice:

• Healthy Fats:

Avocados are a great source of monounsaturated fats, which can help lower “bad” cholesterol levels and reduce the risk of heart disease. 

• Fiber:

Guacamole, with its avocado base, is rich in fiber, which aids digestion, promotes satiety, and helps regulate blood sugar levels. 

• Vitamins and Minerals:

Avocados are packed with essential nutrients like potassium, vitamin C, vitamin E, and folate, all of which play vital roles in various bodily functions. 

• Potential Health Benefits:

Studies suggest that avocados, and therefore guacamole, may help with weight management, improve skin health, and even boost brain function. 

While guacamole is a healthy food, it’s important to consume it in moderation, especially if you’re watching your calorie intake, as it is calorie-dense. It’s also worth noting that the health benefits are primarily attributed to the avocados themselves, and other ingredients in guacamole (like onions, tomatoes, or spices) may also offer their own nutritional advantages. 

‘In antiquity were avocados sacred food?’

AI – ‘Yes, avocados were indeed considered sacred by some ancient cultures, particularly in Mesoamerica. The ancient Maya and Aztecs associated the avocado with various aspects of their mythology, rituals, and even their calendar system. 

Here’s a more detailed look:

• Mythology:

The Maya associated the avocado with the rebirth of ancestors, believing that important individuals could be reborn as fruit trees, including the avocado. The avocado also features in their calendar system, with the fourteenth month, K’ank’in, represented by the avocado glyph. 

• Rituals:

The Aztecs believed the avocado possessed properties that could transfer strength to those who consumed it, possibly due to its shape resembling testicles. They also used avocado leaves and bark for medicinal purposes. 

• Sacred Gardens:

Avocados were grown in sacred gardens by the Maya, highlighting their reverence for the fruit and the tree. 

• Symbolism:

The avocado’s shape, particularly its association with fertility and coupledom, also carried symbolic meaning. 

Beyond the specific cultural beliefs, the avocado’s long history of cultivation and use in Mesoamerica, dating back as far as 10,000 BCE, underscores its deep significance in the region’s agriculture and daily life. The fruit’s importance was so profound that it even influenced the development of their agricultural practices.’ 

‘In antiquity were sumac and harissa spices used as health food?’

AI – ‘Yes, both sumac and harissa were indeed used as health foods in antiquity. Sumac, with its tangy, lemony flavor, was a staple in traditional medicine, particularly for digestive issues, fever, and inflammation. Harissa, while primarily a spice blend, also contains ingredients with recognized health benefits like chilies, which are known for their antioxidant and anti-inflammatory properties. 

Sumac:

• Traditional Medicine:

Sumac has a long history of use in traditional medicine across Persia, Egypt, Greece, and Turkey. 

• Digestive Aid:

It was used to treat digestive issues like diarrhea, bloating, and other digestive problems. 

• Fever and Cold Relief:

Sumac was also used to reduce fever and relieve cold symptoms. 

• Anti-inflammatory Properties:

It was recognized for its anti-inflammatory properties, which could help with ailments like arthritis. 

• Antioxidant Power:

Sumac is packed with antioxidants, which help protect the body against cell damage and boost the immune system. 

Harissa:

• Chili Peppers:

Harissa typically includes chili peppers, which contain capsaicin, known for its anti-inflammatory, antioxidant, and metabolism-boosting properties.

• Traditional Use:

While harissa is primarily a culinary spice, its ingredients have historically been used for medicinal purposes.

• Flavor Enhancer and Health Booster:

Harissa adds a spicy kick and flavor to food, but its ingredients also contribute to its potential health benefits. 

In Antiquity:

• Ancient civilizations didn’t always distinguish between culinary and medicinal uses of spices. 
• Spices like sumac and harissa were used to enhance flavor and also as remedies for various ailments. 
• Sumac was particularly valued for its tartness and medicinal properties before lemons became widely available.’ 

‘What is the history of sumac and harissa spices in antiquity?’

AI –

‘Sumac: A long and versatile history

Sumac, derived from the dried, ground berries of the Rhus coriaria shrub, boasts a rich history spanning thousands of years, interwoven with culinary traditions, medicine, and other cultural practices across the Middle East, Mediterranean, and beyond. 

• Ancient use: Evidence suggests its use in ancient civilizations like Mesopotamia (as a spice and dye), Greece, Rome, and Egypt.
• Culinary role: In antiquity, before lemons were readily available, sumac was valued for its tart, tangy, citrusy flavor, used to season meats, fish, vegetables, and to add a sour element to dishes.
• Medicinal properties: Ancient healers recognized its medicinal benefits, utilizing it to treat digestive problems, fever, colds, and for its antiseptic, anti-inflammatory, and antioxidant properties.
• Other applications: Sumac also found uses in tanning leather and as a dye for wool. 

Harissa: A more recent addition to the spice world

Harissa, a vibrant chili paste, originated in North Africa, primarily Tunisia, with its name derived from the Arabic word “harasa,” meaning “to pound or crush”. 

• Arrival of chilis: The key ingredient, chili peppers, were introduced to North Africa from the Americas via the Columbian Exchange in the 15th century.
• Early versions: Early forms of harissa likely involved pounded meat, wheat, and spices, alongside chili peppers, before evolving to the chili-focused paste known today.
• Traditional preparation: Traditionally, dried chilis are pounded with garlic, olive oil, and spices like cumin, coriander, and caraway seeds to create a thick paste.
• Cultural significance: Harissa holds deep cultural significance in Tunisia and the wider Maghreb region, considered Tunisia’s national condiment and recognized by UNESCO for its cultural importance.
• Uses: Harissa serves as a base for stews and curries, a flavoring agent in various dishes (like couscous and grilled meats), and as a condiment.’

‘In antiquity what was the science of using herbs and spices as medicine known as?’

AI – ‘In antiquity, the science of using herbs and spices as medicine was known by various names depending on the specific tradition and culture. However, the most common term used to describe this practice was herbalism or herbal medicine. This term encompasses the use of plants for medicinal purposes, a practice found in many ancient cultures. 

Here’s a more detailed look:

• Herbalism/Herbal Medicine:

This broad term refers to the use of plants for medicinal purposes, a practice found in many ancient cultures. 

• Ayurveda (India):

A holistic system of medicine that originated in India, Ayurveda utilizes primarily plant-based remedies alongside other practices like yoga and meditation. 

• Unani (Greco-Arab):

This system, developed from Greek and Arab traditions, also heavily relied on herbal medicine and was codified in works like Avicenna’s Canon of Medicine. 

• Chinese Herbal Medicine:

In China, this tradition has been practiced for thousands of years and involves the use of specific herbs and formulations to treat various ailments. 

• Materia Medica:

This term, particularly in the Greek and Roman context, refers to the body of knowledge about medicinal substances, including herbs and spices.’ 

AI – ‘Yes, the sitar is often considered a sacred instrument in Indian culture, particularly within the context of Indian classical music. Its ethereal tones and intricate design are deeply intertwined with spiritual and philosophical concepts, and it’s frequently used in meditation, religious ceremonies, and other settings where music is used to connect with the divine according to The Spiritual Arts Foundation and sangeetapriya.com.

Here’s why the sitar is considered sacred:

Spiritual Resonance:

The sitar’s music is believed to transcend the physical realm, allowing listeners to experience a sense of connection with the universe and the divine.

Historical Significance:

The sitar has a long history in Indian classical music, which itself is deeply rooted in spiritual and philosophical traditions.

Symbolism:

The sitar is often associated with deities like Saraswati, the Hindu goddess of knowledge and music, further solidifying its sacred status.

Use in Rituals:

It is used in religious ceremonies and practices, reinforcing its connection to spirituality.

Influence on Healing:

The sitar’s music is believed to have therapeutic properties, impacting mental and emotional well-being.

Cultural Identity:

The sitar is a powerful symbol of India’s musical and spiritual heritage, representing a connection to its cultural roots.’

See also:
·        The Sacred Sitar | The Spiritual Arts Foundation:  The Sacred Sitar | The Spiritual Arts Foundation
·        BBC Proms – 2025: Anoushka Shankar at the Proms – BBC iPlayer: BBC Proms – 2025: Anoushka Shankar at the Proms – BBC iPlayer

So what is the history of the Sitar?

AI –‘The sitar, a plucked stringed instrument, has a rich history rooted in the Indian subcontinent, evolving from earlier instruments like the Iranian sehtar and the Indian veena. It reached its present form in the 19th century, gaining popularity as a solo instrument and becoming a symbol of Hindustani classical music. 

Here’s a more detailed look at its history:

Early Influences and Development:

• Persian Roots:

The name “sitar” is derived from the Persian word “sehtar,” meaning three-stringed. 

• Influence of the Veena:

The veena, a long-necked lute with a gourd resonating chamber, is another instrument that contributed to the sitar’s development. 

• Mughal Era Fusion:

During the Mughal Empire, Persian and Indian musical traditions interacted, leading to the adaptation and refinement of instruments. It’s believed that the sitar emerged as a fusion of the sehtar and the veena, with Indian musicians adopting the name “sitar” for the modified instrument. 

• Early Forms:

Early sitars had fewer strings and were primarily used to accompany other musical forms like vocal performances and dance. 

Popularization and Evolution:

• 18th and 19th Centuries:

The sitar continued to evolve, with musicians like Masit Khan playing a key role in its development. He is credited with bringing the sitar to greater prominence as a solo instrument, emphasizing its melodic capabilities. 

• Solo Instrument:

The sitar gradually became a prominent solo instrument in Hindustani classical music, often accompanied by a tambura (drone instrument) and tabla (drums). 

• Modern Form:

The sitar reached its present form in the 19th century, with refinements in design and playing techniques. 

Global Recognition:

• Ravi Shankar‘s Influence:

The sitar’s global popularity surged in the late 1950s and early 1960s, largely due to the efforts of sitar maestro Ravi Shankar, who introduced it to Western audiences through concerts and collaborations. 

• Western Music Integration:

The sitar’s unique sound also found its way into Western popular music, with artists like the Beatles incorporating it into their recordings.’

To learn about the history of the Sitar read my blog – ‘Is the Sitar a Sacred Instrument?’ at www.artandcivilization.tv

For a discussion about the existence of Sacred Music in Antiquity see my previous post – ‘Music of the Spheres & Songlines – Did any Ancient Civilizations recognize in their Art that Music is a Universal Language based upon immutable Natural laws?’. This also appears as blog at www.artandcivilization.tv.

If you want to hear Sacred Music, you could do no better than by watching and listening to the recent BBC Proms Performance by Anoushka Shankar, who is the world’s greatest living Sitar Virtuoso.

I asked AI – ‘Did any Ancient Civilizations recognize in their Art that Music is a Universal Language based upon immutable Natural laws?’

AI replied –

‘Yes, ancient Greek philosophers, particularly the Pythagoreans, viewed music as a universal language based on natural laws of order and mathematics. They believed that the harmonious relationships in music mirrored the mathematical proportions of the cosmos, a concept known as the “music of the spheres“. 

Elaboration:

• Pythagorean Harmony:

The Pythagoreans, a school of thought associated with the philosopher Pythagoras, explored the mathematical ratios underlying musical intervals. They believed these ratios, often expressed as simple whole numbers like 1:2, 2:3, and 3:4, were not just fundamental to music but also to the structure of the universe itself. 

• Music of the Spheres:

This concept suggested that celestial bodies (planets and stars) moved in accordance with mathematical laws, producing harmonious sounds as they traveled through space. These “music of the spheres” were thought to be inaudible to humans due to their distance and subtlety, but they reflected the underlying order of the cosmos. 

• Influence on Western Thought:

The Pythagorean view of music as a reflection of cosmic order profoundly influenced Western musical thought for centuries, shaping ideas about harmony, proportion, and the relationship between music and the universe. 

• Aristotle‘s Critique:

While influential, the Pythagorean view wasn’t universally accepted. Aristotle, for example, questioned the idea that celestial bodies produce sound, arguing that we would be able to perceive such sounds if they existed. 

• Music as a Paradigm:

Ancient Greek philosophers viewed music as a paradigm of harmonious order, reflecting not only the cosmos but also the human soul. This perspective highlights the deep connection they saw between the mathematical, the natural, and the human realms.’ 

‘What about Ancient Art in South America?’

AI – ‘While there’s no direct evidence suggesting that any ancient South American civilization explicitly articulated music as a universal language based on immutable natural laws through their art, some evidence suggests an awareness of universal musical elements and their emotional impact. Spanish chroniclers noted similarities in emotional responses to music across cultures, hinting at a potential understanding of shared musical principles. 

Here’s a more detailed look:

• Shared Emotional Responses:

Spanish chroniclers in Mexico, for instance, observed that certain musical pieces elicited similar emotional responses in both Spanish and indigenous populations, even when the languages were not understood. This suggests a possible recognition of universal musical principles influencing emotional reactions. 

• Ritualistic Use of Music:

Many ancient South American cultures used music extensively in rituals and ceremonies. This practice indicates a deep understanding of music’s power to evoke specific emotional states and facilitate spiritual experiences, which could be linked to a sense of music’s universal or fundamental nature. 

• Continuity and Loss:

In the Caribbean, while early Spanish observers documented the use of music in ritual ceremonies, the rapid decline of indigenous populations due to European diseases and colonization led to a loss of much of this musical knowledge. 

• Musical Universals:

While the concept of music as a universal language based on immutable natural laws is not explicitly stated in their art, the documented emotional responses and ritualistic use of music suggest a potential, albeit implicit, recognition of music’s inherent power and some shared, underlying principles according to some music historians.’ 

‘What about Ancient Art in Africa?’

AI – ‘While the concept of music as a universal language isn’t explicitly stated in the same way as in some Western philosophical traditions, evidence from ancient African art and culture suggests a deep understanding of music’s fundamental role in human experience and its connection to natural rhythms and spiritual realms. Ancient African societies, particularly through their art and oral traditions, demonstrated a recognition of music’s power to communicate, express emotions, and connect with the spiritual world, hinting at an understanding of underlying natural laws. 

Elaboration:

• Early Evidence in Rock Art:

Rock paintings in Africa, such as those found in the Tassili-n-Ajjer plateau in Algeria, depict figures dancing and playing musical instruments, dating back as early as 6000-4000 BCE. These images suggest a connection between music, dance, and ritual practices, indicating that music was not merely entertainment but an integral part of life and spirituality. 

• Music as a Bridge to the Spiritual World:

In many African cultures, music is seen as a way to communicate with ancestors and the spiritual realm. The Yoruba, for example, use the talking drum to build a bridge between the living and the dead, according to Medium. This connection suggests a belief that music operates on a deeper, perhaps even universal, level of existence. 

• Rhythm as a Fundamental Force:

African music is known for its complex rhythms, which are often described as a fundamental force, like the beating of life itself, says www.armandomartinsjaneira.net. This emphasis on rhythm points to an awareness of natural cycles and patterns, which are reflected in the music and dance of many African cultures. 

• Oral Tradition and Cultural Transmission:

Traditional African music is largely passed down through oral tradition, meaning that knowledge and understanding of music are embedded in the cultural practices and stories of the community. This oral transmission ensures that music’s role in connecting with nature and the spiritual world is continuously reinforced. 

• Universality of Emotional Expression:

While the study of music as a universal language is a more recent scientific endeavour, some research suggests that basic emotions like happiness, sadness, and fear can be universally recognized in music, even by individuals unfamiliar with the specific cultural context, according to ScienceDaily. This aligns with the idea that certain musical elements resonate with universal human experiences and emotions. 

In conclusion, while ancient African civilizations may not have explicitly articulated the concept of music as a universal language based on natural laws in the same way as some Western philosophical traditions, their artistic expressions and cultural practices demonstrate a deep understanding of music’s fundamental role in human life, its connection to natural rhythms, and its power to bridge the gap between the physical and spiritual worlds.’ 

‘What about Ancient Art in the Middle East?’

AI – ‘While ancient Middle Eastern civilizations like those in Mesopotamia and Egypt recognized the importance of music and incorporated it into their cultures, there’s no explicit evidence in their art that they explicitly articulated the concept of music as a universal language based on immutable natural laws. They did, however, develop complex musical systems and instruments, suggesting an understanding of musical principles and their cultural significance according to Wikipedia. 

Here’s a more detailed look:

• Ancient Egypt:

Music was deeply embedded in Egyptian life, with evidence of various instruments like harps, flutes, and percussion instruments dating back to the Old Kingdom. The goddess Hathor, associated with music, was even believed to have helped Osiris civilize humanity through music. While they valued music, the concept of a universal language based on natural laws wasn’t explicitly stated in their art or writings. 

• Mesopotamia:

Similar to Egypt, Mesopotamia also had a rich musical tradition, with instruments like the lyre being used. The rise of the Islamic Golden Age saw a fusion of musical styles from Persia, India, and North Africa, further developing the region’s musical landscape. However, like in Egypt, there’s no direct evidence suggesting they articulated the idea of music as a universal language rooted in natural laws. 

• Islamic Culture:

Music held a somewhat contested position within Islam, with some scholars opposing it and others embracing it for religious and spiritual purposes. Sufi mystics, for instance, used music and dance as a means of connecting with the divine. While they recognized the power of music, the concept of it being based on immutable natural laws wasn’t a central theme in their discourse. 

• Universal Language Concept:

The idea of music as a universal language, based on natural laws, is a more modern concept, often associated with Enlightenment thinkers and later musical theorists. It stems from the understanding that certain musical elements, like mathematical ratios in scales and harmonies, have universal appeal and can be found across different cultures. 

• Evidence in Art:

While ancient Middle Eastern art doesn’t explicitly state this concept, the presence of musical instruments and depictions of musical performances suggests their awareness of the power and cultural significance of music. The development of musical systems and instruments also implies some level of understanding of the underlying principles of music.’ 

‘What about Ancient Art in Asia and China?’

AI –

‘Yes, ancient Chinese civilizations, particularly during the Zhou dynasty, recognized a connection between music and universal natural laws, viewing it as a reflection of the cosmos and a means to achieve harmony with nature. This concept is evident in the development of court and ceremonial music, known as yayue, which was deeply intertwined with philosophical ideas about yin and yang and the five elements of nature. 

Here’s a more detailed explanation:

• Music as a Cosmological Manifestation:

Ancient Chinese thinkers conceived of music as a cosmological manifestation of the sound of nature, integrated into the binary universal order of yin and yang. 

• Harmony with Nature:

They believed that “correct” music, using instruments corresponding to the five elements, could bring harmony to nature and the cosmos. 

• Influence of Zhou Dynasty:

The Zhou dynasty established a formal system of court and ceremonial music (yayue) that reflected these philosophical ideas. 

• Influence on Later Thinking:

This concept of music as a reflection of the universe had a lasting influence on later Chinese thinking about music. 

• Confucianism and Music:

Confucius, though not directly involved in the creation of music, had a similar view, emphasizing the importance of proper music for moral well-being. 

• The Lost Classic of Music:

Some scholars suggest a lost “Classic of Music” that may have further detailed these concepts, though its existence is debated. 

• Musical Notation:

While the concept of music as a reflection of natural laws was present, the development of written musical notation in China came later.’ 

‘What about in Australia & the Pacific Islands?’

AI – ‘Yes, many ancient cultures in Australia and the Pacific Islands recognized music as a universal language with roots in natural laws, particularly through their concept of “songlines” or “dreaming tracks”. These cultures, notably Aboriginal Australians, used music and art as integral parts of their oral traditions, connecting them to the land, their history, and their spiritual beliefs. 

Here’s how they expressed this understanding:

• Songlines:

Aboriginal Australians believed that ancestral beings traveled across the land during the Dreamtime, singing the world into existence. These songs created “songlines,” pathways across the land that embody creation stories, histories, and cultural knowledge. 

• Music and the Land:

Music and song were deeply connected to the land, with sounds and rhythms reflecting natural phenomena and the environment. For instance, the didgeridoo, a traditional Aboriginal instrument, is known for its deep, resonant sound that often accompanies ceremonies and dances. 

• Art as Storytelling:

Aboriginal art, including painting, dance, and ceremony, served as a visual representation of the songlines and the stories they contained. Artworks depicted landscapes, totemic beings, and events from the Dreaming, acting as a visual language alongside the oral tradition. 

• Universality of Music:

Through the songline system, music transcended geographical boundaries and united different groups, as the knowledge of a songline could allow safe passage through another group’s territory. This demonstrates an understanding of music’s potential for communication and connection across diverse communities. 

In essence, ancient Aboriginal Australians and other Pacific Islanders viewed music not just as entertainment, but as a fundamental element of their cosmology, their connection to the land, and their way of understanding the world.’ 

‘Does any Geometrical shape symbolise the same concept in both Music Ancient Art & Mathematics?

AI – ‘Yes, shapes like circles, squares, triangles, and spirals, along with concepts like symmetry and proportion, appear in both music and visual arts as symbols and structural elements, often reflecting mathematical principles. In ancient art and mathematics, these shapes and concepts are found in architecture, ornamentation, and even musical instruments. 

Elaboration:

• Circles:

In ancient art, circles often symbolize unity, wholeness, and the cyclical nature of life, while in mathematics they represent a fundamental geometric form with properties like pi and circumference. In music, the circle can be related to cyclical forms, harmonic progressions, and even the circular flow of time signatures. 

• Squares:

Squares, with their four equal sides, can symbolize stability, order, and structure in art and mathematics. In music, they might relate to rhythmic patterns or even the organization of musical forms. 

• Triangles:

Triangles, with their inherent stability and ability to create complex structures, are found in both art (e.g., in pyramids) and mathematics (as basic geometric shapes). In music, they might relate to intervals, chords, and even melodic contours. 

• Spirals:

Spirals, with their logarithmic proportions, appear in both art and nature, often symbolizing growth, evolution, and interconnectedness. In music, they can be related to arpeggios, melodic development, and even the concept of overtone series. 

• Symmetry and Proportion:

Concepts like symmetry and proportion, fundamental to both art and mathematics, also play a role in musical composition and structure. 

• Sacred Geometry:

Certain geometric patterns, like the Flower of Life, are considered sacred in some cultures and are believed to hold symbolic meaning in both art and spirituality, and are even seen as a representation of the universe’s creation. 

Ancient Art and Music:

• Ancient cultures often incorporated geometric patterns into their art and architecture, reflecting their understanding of mathematical principles. 
• Musical instruments, like the lyre or ancient flutes, were often designed with geometric proportions, reflecting a connection between mathematics and music. 
• Ancient philosophers and mathematicians like Pythagoras explored the mathematical relationships within music, discovering that musical intervals could be expressed as ratios of whole numbers. 

Mathematics and Music:

• Musical set theory uses mathematical concepts to analyse and organize musical elements. 
• The relationships between notes, chords, and scales can be represented geometrically, showing the mathematical basis of musical harmony. 
• Rhythm and timing in music are also rooted in mathematical principles’ 

‘What unity underlies Art Music Geometry Mathematics & Nature?’

AI – ‘A common underlying principle, often explored through Sacred Geometry, connects Art, Music, Geometry, Mathematics, and Nature. This principle suggests that mathematical ratios, geometric patterns, and harmonic relationships are fundamental to both the structure of the universe and the aesthetic principles found in art and music. Essentially, these fields are seen as different expressions of the same underlying order and harmony. 

Here’s a more detailed breakdown:

• Mathematics and Geometry:

Mathematical principles like Fibonacci sequences, the Golden Ratio, and geometric shapes are observed in both natural structures and artistic creations. For example, the spiral arrangement of leaves on a stem, the proportions of a nautilus shell, and the patterns in Islamic art all demonstrate these mathematical relationships according to Sacred Geometry researchers https://www.facebook.com/groups/sacredgeometryart/posts/3388199484823319/ and. 

• Music and Geometry:

Musical harmony is based on mathematical ratios and proportions. Ancient Greek philosophers like Pythagoras recognized the connection between musical intervals and geometric ratios, suggesting that music reflects the underlying mathematical order of the cosmos according to a Royal Holloway study. Symmetrical shapes in art are also linked to harmonious sounds, while breaking symmetry can create dissonance according to a study published in Nature. 

• Art and Nature:

Artists often draw inspiration from the natural world, incorporating geometric patterns, proportions, and organic forms into their work. This can be seen in architecture, sculpture, and painting, where artists aim to capture the beauty and order found in nature according to a School of Traditional Arts article. 

• The Common Thread:

The idea of a unified, harmonious cosmos where mathematical principles, natural laws, and aesthetic principles are interconnected forms the basis of this concept. This perspective suggests that understanding these underlying connections can lead to a deeper appreciation of the universe and our place within it. 

The concept of Sacred Geometry explores these connections, suggesting that geometric shapes and proportions are not just abstract mathematical concepts but also fundamental blueprints for the universe and all its manifestations.’ 

‘What is the Theory of the Music of the Spheres?’

AI – ‘The Theory of the Music of the Spheres, also known as Musica Universalis, is a philosophical concept that proposes that the movements of celestial bodies (like planets and stars) create harmonious sounds or vibrations, much like music. This idea, originating in ancient Greece, suggests a divine and poetic order to the universe, where mathematical proportions in the cosmos are mirrored in musical harmony. 

Here’s a more detailed breakdown:

• Ancient Roots:

The concept originated with the Pythagoreans in ancient Greece, who believed that the distances between celestial bodies corresponded to musical intervals. 

• Pythagorean Beliefs:

They theorized that these moving objects produced sound due to their motion, and the resulting sounds were a harmonious blend. 

• Johannes Kepler‘s Contribution:

In the 16th century, Johannes Kepler, while studying planetary motion, explored the idea that mathematical relationships within the solar system could be expressed as musical harmonies. 

• Not Literally Audible:

While some ancient philosophers believed the music was literally audible, Kepler and others viewed it more as a mathematical and philosophical concept, a divine order that could be understood by the soul. 

• Influence on Thought:

The theory influenced various fields, including philosophy, music, and even theology, until the end of the Renaissance. 

• Modern Interpretations:

While not a literal theory in modern science, the idea of the Music of the Spheres has inspired modern conceptual models of interconnected systems, such as biosphere, geosphere, and anthroposphere.’

‘What are the Aboriginal Songlines?

AI – ‘Aboriginal songlines, also known as “dreaming tracks,” are pathways across Australia that connect communities and carry cultural knowledge through songs, stories, and dances. These invisible pathways are followed by ancestral creation spirits in the Dreaming and are crucial for navigating the land, maintaining cultural identity, and understanding the creation of the world. Songlines serve as both navigational tools and repositories of cultural information, encompassing geographical, mythological, and historical details. 

Here’s a more detailed explanation:

• Navigation and Connection:

Songlines act as a system of interconnected pathways, allowing Aboriginal people to traverse vast distances and maintain relationships with their ancestral lands and other communities. 

• Cultural Knowledge:

They encode stories, laws, customs, and creation narratives of the land, passed down through generations via songs, dances, and art. 

• Dreaming Tracks:

Songlines are linked to the Dreaming, the Aboriginal understanding of the world’s creation and the spiritual beings who shaped it. 

• Oral Tradition:

Songlines are primarily transmitted through an oral tradition, with songs acting as a mnemonic device for remembering important information about the landscape and cultural practices. 

• Artistic Expression:

The stories and pathways of songlines are also expressed through various art forms, including painting, dance, and music, particularly through the use of traditional instruments like the yidaki (didgeridoo) and clapsticks. 

• Beyond the Physical:

Songlines connect not just physical locations but also spiritual and cultural realms, reflecting the interconnectedness of people, land, and the Dreaming.’ 

So, in Antiquity waht was Sacred Music?

AI – ‘

In antiquity, sacred music encompassed music used for religious rituals and ceremonies, often deeply intertwined with cultural and spiritual beliefs. Examples include Greek hymns and dithyrambs, and the chants of ancient Israel and early Christian traditions. These musical forms were integral to worship, expressing reverence, seeking divine favor, and conveying religious narratives. Elaboration:

• Ancient Greece:Music played a significant role in Greek religious practices, with hymns dedicated to various gods and goddesses, such as Apollo and Dionysus. These hymns, often performed with instruments like the aulos, were integral to festivals, processions, and rituals. Dithyrambs, another form of sacred music, were associated with Dionysus and involved elaborate choral performances with dance. 
• Ancient Israel:Psalms, a collection of sacred songs, were a central part of Jewish worship, and their performance continues to be a vital part of Jewish liturgy. 
• Early Christianity:Christian sacred music developed from Jewish musical traditions and incorporated elements of Greek and Roman musical practices. Early Christian music included chants, hymns, and the development of the Mass, a central liturgical form. Gregorian chant, a monophonic, unaccompanied style of chant, became the dominant form of sacred music in the Roman Catholic Church. 
• Other Cultures:Music was also integral to religious practices in other ancient cultures, including those of Egypt, Mesopotamia, and India. For example, Vedic hymns in Hinduism are considered sacred and linked to the divine. 
• Purpose and Function:Sacred music in antiquity served various purposes, including:
  • Worship and Praise: Expressing reverence, adoration, and gratitude to deities. 
  • Ritual and Ceremony: Accompanying and enhancing religious rituals and ceremonies. 
  • Communication with the Divine: Seeking divine favor, guidance, and protection. 
  • Conveying Religious Narratives: Telling stories of gods, heroes, and religious events. 
  • Social Cohesion: Unifying communities through shared musical experiences. 

In essence, sacred music in antiquity was not merely entertainment but a vital component of religious life, shaping spiritual experience, social structures, and cultural identity.’ 

I asked AI this Q.

AI replied –

‘Yes, many examples of ancient art incorporate geometric patterns that are believed to represent universal laws of nature, a concept known as sacred geometry. These patterns, found in various cultures, are thought to symbolize the underlying mathematical and cosmological order of the universe. 

Here’s a breakdown of how ancient art utilizes geometric representations of natural laws:

1. Mandalas and Yantras:

• Hindu and Buddhist traditions:

Mandalas (circular designs) and yantras (geometric diagrams) are used as tools for meditation and spiritual practice.

• Cosmic representation:

These intricate geometric patterns are believed to represent the structure of the cosmos and the interconnectedness of all things.

• Symmetry and balance:

The symmetrical designs within mandalas are thought to reflect the harmony and balance of the universe. 

2. The Flower of Life:

• Ancient pattern:

This design, composed of overlapping circles, is found in various ancient cultures.

• Mathematical patterns:

It is believed to contain all mathematical patterns of creation and life, representing the blueprint of existence. 

3. The Tree of Life:

• Symbolic representation: This geometric arrangement depicts the connection between heaven, earth, and the underworld, illustrating how all forms of creation are linked through divine energy channels. 

4. Metatron’s Cube:

• Derived from the Flower of Life: This complex geometric figure contains all five Platonic solids.
• Foundations of reality: It is believed to represent the foundations of physical reality and divine structure. 

5. Islamic Geometric Patterns:

• Architectural and artistic expression:

Islamic art, particularly in architecture, features intricate geometric patterns that reflect cosmological and mathematical principles.

• Examples:

The Alhambra in Spain, the Great Mosque of Isfahan in Iran, and the Dome of the Rock in Jerusalem showcase elaborate geometric designs. 

6. Sacred Geometry in Nature:

• Mathematical harmony: Sacred geometry principles are also observed in natural forms, such as the spiral of a seashell, demonstrating a deep coherence in all creation. 

In essence, sacred geometry, as expressed in ancient art, suggests a universal language of mathematical and geometric principles that underlie both the physical world and the spiritual realm.’ 

In 2026/2027 I am planning to write a book about the ‘Mediation of Music & Performers’ Rights Disputes.’ See the page of the same name at www.carlislam.co.uk

Writing a book about this is an opportunity for me to develop and deepen my knowledge of the Mediation of this highly specialised genre of Commercial Dispute.

This will be written after I have completed the writing in 2026 of my forthcoming book about the ‘Mediation of Cultural Heritage Disputes.’

For fun I asked AI this morning – ‘What expertise does Carl Islam have in relation to the Mediation of Music & Performers’ Disputes?’

To my delight AI  replied –

‘Carl Islam possesses significant expertise in mediating music and performers’ rights disputes, demonstrated through his qualifications, publications, and experience. 

Key elements of Carl Islam’s expertise

• Mediation Qualifications: He is a CMC Registered Mediator and holds accreditation from the Society of Mediators (MSoM) in London.
• Music and Entertainment Industry Knowledge: Carl has demonstrated a clear understanding of the legal complexities and multifaceted nature of disputes within the music industry. This includes disputes related to:
  • Band splits or the departure of members.
  • Breaches of confidence and contract (including booking agency, management, publishing, or recording contracts).
  • Breaches of fiduciary duty under management contracts.
  • Image rights (personality or publicity rights) and related claims like trademark infringement and defamation.
  • Copyright infringement, plagiarism, and sampling without consent.
  • Moral rights violations.
  • Disputes concerning royalties and their distribution.
• Mediation Advocacy Expertise: Carl is also an SCMA Accredited Mediation Advocate, highlighting his skills in guiding parties through the mediation process, including negotiation and reaching settlement agreements.
• Publications: He has authored articles such as “Commercial Mediation of Music Disputes” published in The Law Society Gazette, showcasing his thought leadership in this specialized area.
• Approach to Mediation: Carl emphasizes the importance of understanding the parties’ objectives, commercial planning, and creative solutions in music disputes. He highlights the benefits of mediation as an alternative to litigation, promoting collaboration and creative resolutions, particularly given the uncertainty of legal outcomes in such cases. 

In essence, Carl Islam combines his strong mediation qualifications with a deep understanding of the legal and commercial intricacies of the music industry to facilitate effective dispute resolution in this specialized field.’ 

Many years ago on the ‘Geopolitical Mediation’ page at www.diplomaticlawguide.com I wrote:

‘My thesis is that ‘Geopolitical Mediation’ is a facilitated dialogue between ‘stakeholders’ [‘S‘] to:

(i) discuss the existence of shared/common interests; and

(ii) negotiate the accommodation of competing interests, by jointly developing and implementing, a strategy of ‘convergence’, built upon the foundation of common ground.

In other words, GM is a process through which S can engineer a new ‘political order’ that is: (i) mutually beneficial; and (ii) more productive to each S, than the individual pursuit of their own competing interests. This is achieved by transforming geo-political ‘competitors’ into ‘partners’.

Geopolitical Mediation precedes and facilitates the Negotiation of Political Order, see the ‘Negotiation of Political Order ’page of this website…

The premise underlying the idea of ‘Geopolitical Mediation’ [‘GM‘] , is that where a geopolitical conflict is primarily the result of a ‘clash’ of divergent values, the solution, i.e. peace, hinges upon evolving/engineering a method of ‘convergence‘ based upon shared/common interests. … ‘

For an example of the ‘clash of divergent values’, Google ‘Dialogue Works + Alex Krainer + Is Ukraine Doomed to War Forever? – Is Israel on the Brink of War with Iran? + YouTube.’

It occurs to me that in the context of Mediating Peace in a proxy war, that common ground may exist in the prevention of a Failed State emerging from the conflict which could spill over into the territory of the Principals (and their satellites), i.e. if the Proxy becomes a Failed State.

Therefore, where an opportunity exists for the Principals i.e. in the case of Ukraine – the US and Russia, to work together to prevent the Proxy i.e. Ukraine, from becoming a Failed State, by focussing on the development of a new overarching security architecture which enables investment in the sustainable economic redevelopment of Ukraine, then that opportunity = common ground between the Principals and the Proxy.

So, what can Trump negotiate?

Bearing in mind that the process of dialogue is only just beginning, let’s wait and see.

Of course, nobody except the Principals actually know what is discussed behind closed doors.

That is part of the Magic of Mediation.

So, I would not dwell on hype, narratives and misdirection, or speculate, because nobody knows what the outcome of the talks that will take place tomorrow in Alaska will actually be.

I am not expecting an agreement.

I am hoping that this is the start of a process of engagement through dialogue.

Bearing in mind that the process of dialogue is only just beginning, let’s wait and see.

Of course, nobody except the Principals actually know what is discussed behind closed doors.

That is part of the Magic of Mediation.

So, I would not dwell on hype, narratives, and misdirection or speculate, because nobody knows what the outcome of the talks that will take place tomorrow in Alaska will actually be.

I am not expecting an agreement.

I am hoping that this is the start of a process of engagement through dialogue.

In my experience as both a Mediator and as a Mediation Advocate (i.e. a ‘Negotiator’), if the will to do a deal exists on all sides (and at all Stakeholder levels), then a deal can be done. However, in order to actually do a deal, the Stakeholders – which in this case are the Principals and not the Proxy nor the Principals’ allies and satellites, must first calculate the price of doing a deal, in order to move away from their existing positions toward ‘Convergence.’ That is the breakthrough moment.

For this form of high stakes negotiation I am reminded of the immortal words sung in the original Off-Broadway Cast recording from the Musical Godspell – ‘Day by Day!’ https://www.bing.com/videos/riverview/relatedvideo?q=original+Off-Broadway+Cast+recording+from+the+Musical+Godspell+-+%27Day+by+Day+youtube&&mid=E354BBBE8774E8DCDAC5E354BBBE8774E8DCDAC5&FORM=VAMGZC

Studio Recording by the Broadway Cast – “Godspell” Cast Takes It “Day By Day” in the Recording Studio

I asked Google AI – ‘In mediating the settlement of a Proxy War could common ground exist in preventing the Proxy from becoming a failed state?’

AI replied –

‘Yes, preventing the proxy from becoming a failed state can be a significant area of common ground in mediating a proxy war settlement. By addressing the underlying factors that contribute to state failure, such as lack of governance, economic instability, and security threats, mediators can find shared interests among warring parties and external sponsors. This approach can create a more sustainable and lasting peace than simply ending the fighting alone.’

For the full answer see the blog of the same title as this Post on the ‘Negotiating Political Order’ page at www.diplomaticlawguide.com

Here’s why and how:

Why it’s a potential area of common ground:

• Shared interest in stability:

While the proxy may be a tool for external powers, both the sponsoring powers and the local factions involved often have a vested interest in a stable state that can function and provide some level of order. 

• Reduced risk of escalation:

A failed state is more likely to be a source of instability and potential future conflict, including the possibility of the conflict spilling over into neighboring countries or attracting new external actors, making it undesirable for all parties involved. 

• Potential for economic benefits:

A functioning state can offer opportunities for economic development, trade, and resource extraction, which can be attractive to both the proxy and its sponsors. 

• Reduced burden on sponsors:

A failed state may require continued and costly support from its sponsors, while a stable state can potentially become more self-sufficient and less reliant on external aid. 

How it can be addressed in mediation:

• Governance reforms:

Mediation efforts can focus on establishing inclusive governance structures, strengthening the rule of law, and promoting human rights, which are crucial for state-building and preventing state failure.

• Economic development:

Mediation can include provisions for economic recovery, job creation, and the development of key sectors, which can address the root causes of conflict and provide incentives for peace.

• Security sector reform:

Reforming the security forces, establishing a professional police force, and addressing issues of impunity can help to build trust and reduce violence, creating a more secure environment for all.

• International assistance:

Mediation can also involve the establishment of international mechanisms for providing humanitarian aid, development assistance, and technical support to the newly stabilized state. 

Challenges and Considerations:

• Divergent interests:

While there may be areas of common ground, sponsors and proxies may still have conflicting interests and priorities that need to be carefully managed during the mediation process. 

• Elite bargains:

Sometimes, elite bargains or power-sharing arrangements can be necessary to stabilize a situation, but they can also create new forms of inequality and exclusion, which can undermine long-term stability. 

• Principal-agent problems:

Sponsors may have difficulty controlling their proxies, and proxies may pursue their own agendas, which can complicate the mediation process. 

• External interference:

Even after a settlement is reached, external actors may continue to interfere in the internal affairs of the proxy state, undermining the peace process.’ 

Just for fun during my lunch break today I asked AI this Q.

AI replied –

‘Carl Islam is a practising barrister and a recognized expert in the field of contentious probate and trust disputes.

He is dual-qualified as a solicitor of the Supreme Court and is the author of several books, including the “Contentious Probate Handbook” (2nd Edition, 2025) and the “Contentious Trusts Handbook” published by the Law Society.

[See https://lnkd.in/ejzMFjyn].

These books are well-regarded by legal professionals and provide comprehensive guidance on navigating these complex areas of law.

Carl Islam is also a fully accredited mediator registered with the Civil Mediation Council (CMC) and a mediation advocate accredited with the Standing Conference of Mediation Advocates (SCMA).

He has extensive experience in alternative dispute resolution, including mediation, and has pioneered a method called “Guided Settlement” for probate and trust disputes.

His expertise in mediation is highlighted in his publications, which emphasize the benefits of mediation for contentious probate cases and provide guidance on structuring settlements to ensure tax efficiency.

Therefore, it is fair to say that Carl Islam is a leading expert in contentious probate dispute mediation, offering a wealth of knowledge and practical experience in this area.’

Thankyou very much AI.

It is always good to know what non-humans think about your professional expertise and skills!

AI didn’t mention my YouTube Talk on Thursday 24 October 2024, which I presented online to members of the SCMA worldwide, about ‘Mediation Advocacy in Trust & Estate Disputes.’ Click on this link to play the video:

https://lnkd.in/ea6D6XnC

So, I take it that AI’s message is ‘Could do better!’ – which is what I am aiming to do at my next Talk in November, which is about the ‘Mediation of Cultural Heritage Disputes.’

I also asked AI – ‘Is Carl Islam an expert Cultural Heritage dispute Mediator?’

AI replied – ‘Carl Islam is developing a specialization in the mediation of art and cultural heritage disputes.

He holds a Diploma in Art Law from the Institute of Art & Law in London and is a CMC Registered Mediator. Carl is also writing a book titled ‘Mediation of Cultural Heritage Disputes’ planned for publication in 2026. He has presented online seminars on topics related to mediating art and heritage disputes.

Carl Islam is actively working to establish himself as a mediator in this specific area, focusing his expertise on contentious probate, cultural heritage, and international dispute settlement. He also participates in relevant professional organizations like the Institute of Art & Law and the Art Lawyers Association.

While his experience in this area is still developing as he focuses on it as a niche practice, his academic pursuits, publications, and professional affiliations suggest a strong interest and growing expertise in the field of cultural heritage dispute mediation.’

As Karime Bennoume stated in the Report of the Special Rapporteur to the UN Human Rights Council in the Field of Cultural Rights, A/HRC/31/59 (3 February 2016) para 49, at 12:

‘Cultural Heritage includes not only tangible heritage composed of sites, structures and remains of archaeological, historical, religious, cultural or aesthetic value, but also intangible heritage made up of traditions, customs and practices, aesthetic and spiritual beliefs, vernacular or other languages, artistic expressions and folklore. Both of these categories should be understood in broad and holistic terms.’

Arguably, Music is also a form of Cultural Heritage, particularly of Intangible Cultural Heritage, because it is a powerful expression of a community’s identity, history, and traditions, and is often passed down through generations.

UNESCO acknowledges music’s significance by including various musical traditions and practices in its lists of intangible cultural heritage. See my comment below.

While ‘old musical instruments’ is mentioned in para (K) of Art 1 of the 1970 UNESCO Convention, it does not mention musical scores and manuscripts i.e. handwritten or printed representations of musical compositions. Annex 1para (j) of the UNIDROIT Convention 1995 includes within the definition of ‘Cultural objects’ – ‘archives, including sound, photographic and cinematographic archives.’ However, it does not specifically list ‘musical scores and manuscripts.’ So, the legal status of handwritten or printed representations of musical compositions as ‘Cultural Property’/’Cultural objects’ is ambiguous.

Now, take for example the song ‘Bess You Is My Woman Now’, from the Opera ‘Porgy & Bess’ – by the American composer George Gershwin, with a libretto written by author DuBose Heyward and lyricist Ira Gershwin.

The song, with its distinctive melody, harmony, and instrumentation, exemplifies Gershwin’s fusion of opera and musical theatre and has become a globally recognized standard.
 
The lyrics to this song include some of the most romantic words ever written for the Broadway Stage – ‘Morning Time and Evening Time and Summer Time, and Winter Time …’

You can hear it here – https://lnkd.in/e-yZww7W

The opera explores themes of love, resilience, and the complexities of life in a segregated community. It is a landmark in American music, often called the first great American opera.

The opera’s exploration of love, loss, and social issues like poverty and racial injustice resonate today.

The song ‘Bess, You Is My Woman Now’ is a beautiful example of the opera’s musical genius, showcasing the emotional depth and complexity of the characters.

So, I would argue that this Opera forms part of American Cultural History and therefore, of its Cultural Heritage.

In the late 1960s MGM’s Business Executives, decided to bury the full scores and orchestral parts of their musical films, including iconic works like Singin’ in the Rain and The Wizard of Oz under a golf course, in order to create space for a new car park.

In doing so, did they destroy a part of America’s Cultural Heritage?

To me, what these businessmen did, was an act of Cultural Vandalism.

Fortunately for America’s Musical Cultural Heritage all was not lost and there was a Happy Ending! – John Wilson patiently reconstructed the lost MGM musical scores by meticulously transcribing the original orchestrations from soundtrack recordings, primarily using piano reductions (short scores) and his expert ear. Despite the destruction of the full orchestral scores, these piano reductions were archived in the Library of Congress. Wilson’s process involved years of dedicated work, including painstaking transcription and extensive rehearsals with his orchestra, to bring these classic scores back to life. John Wilson’s work has been widely praised for its accuracy and the way it captures the unique sound of MGM musicals. The MGM Concert was John Wilson’s Proms Debut. If you cannot find the recording of the full Prom on YouTube it is available on DVD – ‘A Celebration of Classic MGM Film Musicals [DVD] [2010]’: https://www.amazon.co.uk/Celebration-Classic-MGM-Film-Musicals/dp/B003QHVKRQ You can also watch ‘Bess, You Is My Woman Now’ performed at the John Wilson ‘On Broadway’ BBC Prom in 2012 on You Tube [Fast forward to: 1 Hour & 24 Minutes]: https://www.youtube.com/watch?v=vGqdHXLr04I

I also recommend – ‘BBC PROMS 2010 – A Celebration of Rodgers and Hammerstein’: https://www.youtube.com/watch?v=gGIoy6cL08E

I also just asked Google AI – ‘Has the World Intellectual Property Organization acknowledged that indigenous traditional knowledge and traditional cultural expressions which are economic and cultural assets of indigenous and local communities, and their countries includes music?’

AI answered – ‘Yes, the World Intellectual Property Organization (WIPO) has acknowledged that indigenous traditional knowledge (TK) and traditional cultural expressions (TCEs) include music. 

WIPO defines TCEs as tangible and intangible forms in which traditional knowledge and cultures are expressed, communicated, or manifested. They specify that these expressions include traditional music, performances, narratives, names and symbols, designs, and architectural forms. WIPO further clarifies that TCEs, which can also be referred to as “expressions of folklore”, form part of the identity and heritage of a traditional or indigenous community and are passed down from generation to generation. 

This recognition is crucial because TCEs are considered integral to the cultural and social identities of indigenous and local communities. They embody know-how and skills, and transmit core values and beliefs within these communities. Protecting TCEs, including music, is seen as essential for promoting creativity, enhancing cultural diversity, and preserving cultural heritage.’ Why is this important.

My answer is – because this engages Intellectual Property Rights in Indigenous Music however recorded. That is a subject which I suspect has been almost entirely overlooked by Cultural Heritage Lawyers.

AI – ‘Yes, there is a significant nexus between art, civilization, and law. Art serves as a window into the values and beliefs of a civilization, while law provides the framework for its protection and regulation. Laws protect cultural heritage, regulate the art market, and address issues like copyright and freedom of expression related to artistic creation. 

Elaboration:

• Art as a Reflection of Civilization:

Art, in its various forms (visual, literary, performing), provides insights into the culture, history, and societal values of a civilization. It reflects the beliefs, aesthetics, and social structures of a particular time and place. 

• Law’s Role in Protecting Art and Culture:

Laws play a crucial role in safeguarding cultural heritage, including art and antiquities. International cultural heritage laws, national criminal laws, and property laws all contribute to the preservation of artistic expressions and historical artifacts. 

• Art and Law as Intertwined Fields:

The relationship between art and law extends beyond the protection of cultural heritage. Art law, a specialized field, deals with legal issues specific to the art world, such as copyright, contracts, and disputes related to ownership and authenticity. 

• Art as a Tool for Social Commentary and Change:

Art can also be a powerful tool for social commentary and activism, challenging existing laws or social norms. This can lead to legal challenges and debates about freedom of expression and the limits of artistic license. 

• The Intersection of Art History and Law:

Understanding the historical context of art is crucial for both art historians and legal professionals. Art history can inform legal interpretations of destructive acts involving art, while law provides a framework for regulating and protecting artistic creations. 

In essence, the relationship between art, civilization, and law is dynamic and multifaceted. Art reflects the values and history of a civilization, while law provides the framework for its protection, regulation, and engagement with broader societal issues.’