Constitutional Analogies in the International Legal System

This Article explores issues at the frontier of international law and constitutional law. It considers five key structural and systemic challenges that the international legal system now faces: (1) decentralization and disaggregation; (2) normative and institutional hierarchies; (3) compliance and enforcement; (4) exit and escape; and (5) democracy and legitimacy. Each of these issues raises questions of governance, institutional design, and allocation of authority paralleling the questions that domestic legal systems have answered in constitutional terms. For each of these issues, I survey the international legal landscape and consider the salience of potential analogies to domestic constitutions, drawing upon and extending the writings of international legal scholars and international relations theorists. I also offer some preliminary thoughts about why some treaties and institutions, but not others, more readily lend themselves to analysis in constitutional terms. And I distinguish those legal and political issues that may generate useful insights for scholars studying the growing intersections of international and constitutional law from other areas that may be more resistant to constitutional analogies

The Chagos Islands cases: the empire strikes back

Good governance requires the accommodation of multiple interests in the cause of decision making. However, undue regard for particular sectional interests can take their toll upon public faith in government administration. Historically, broad conceptions of the good of the commonwealth were employed to outweigh the interests of groups that resisted colonisation. In the decision making of the British Empire, the standard approach for justifying the marginalisation of the interests of colonised groups was that they were uncivilised and that particular hardships were the price to be paid for bringing to them the imperial dividend of industrial society. It is widely assumed that with the dismantling of the British Empire, such impulses and their accompanying jurisprudence became a thing of the past. Even as decolonisation proceeded apace after the Second World War, however, the United Kingdom maintained control of strategically important islands with a view towards sustaining its global role. In an infamous example from this twilight period of empire, in the 1960s imperial interests were used to justify the expulsion of the Chagos islanders from the British Indian Ocean Territory (BIOT). Into the twenty-first century, this forced elision of the UK’s interests with the imperial “common good” continues to take centre stage in courtroom battles over the islanders’ rights, being cited before domestic and international tribunals in order to maintain the Chagossians’ exclusion from their homeland. This article considers the new jurisprudence of imperialism which has emerged in a string of decisions which have continued to marginalise the Chagossians’ interests

Barrier modification in sub-barrier fusion reactions using Wong formula with Skyrme forces in semiclassical formalism

We obtain the nuclear proximity potential by using semiclassical extended Thomas Fermi (ETF) approach in Skyrme energy density formalism (SEDF), and use it in the extended $\ell$-summed Wong formula under frozen density approximation. This method has the advantage of allowing the use of different Skyrme forces, giving different barriers. Thus, for a given reaction, we could choose a Skyrme force with proper barrier characteristics, not-requiring extra ``barrier lowering" or ``barrier narrowing" for a best fit to data. For the $^{64}$Ni+$^{100}$Mo reaction, the $\ell$-summed Wong formula, with effects of deformations and orientations of nuclei included, fits the fusion-evaporation cross section data exactly for the force GSkI, requiring additional barrier modifications for forces SIII and SV. However, the same for other similar reactions, like $^{58,64}$Ni+$^{58,64}$Ni, fits the data best for SIII force. Hence, the barrier modification effects in $\ell$-summed Wong expression depends on the choice of Skyrme force in extended ETF method.Comment: INPC2010, Vancouver, CANAD

The ambivalent shadow of the pre-Wilsonian rise of international law

The generation of American international lawyers who founded the American Society of International Law in 1906 and nurtured the soil for what has been retrospectively called a “moralistic legalistic approach to international relations” remains little studied. A survey of the rise of international legal literature in the U.S. from the mid-19th century to the eve of the Great War serves as a backdrop to the examination of the boosting effect on international law of the Spanish American War in 1898. An examination of the Insular Cases before the US Supreme Court is then accompanied by the analysis of a number of influential factors behind the pre-war rise of international law in the U.S. The work concludes with an examination of the rise of natural law doctrines in international law during the interwar period and the critiques addressed.by the realist founders of the field of “international relations” to the “moralistic legalistic approach to international relation

Rolling of asymmetric disks on an inclined plane

In a recent papers, Turner and Turner (2010 {\em Am. J. Phys.} {\bf 78} 905-7) and Jensen (2011 {\em Eur. J. Phys.} {\bf 32} 389-397) analysed the motion of asymmetric rolling rigid bodies on a horizontal plane. These papers addressed the common misconception that the instantaneous point of contact of the rolling body with the plane can be used to evaluate the angular momentum $\mathbf L$ and the torque $\boldsymbol\tau$ in the equation of motion $d\mathbf L/dt = \boldsymbol\tau$. To obtain the correct equation of motion, the "phantom torque" or various rules that depend on the motion of the point about which $\mathbf L$ and $\boldsymbol\tau$ are evaluated were discussed. In this paper, I consider asymmetric disks rolling down an inclined plane and describe the most basic way of obtaining the correct equation of motion; that is, to choose the point about which $\mathbf L$ and $\boldsymbol\tau$ are evaluated that is stationary in an inertial frame

Tests of Basic Quantum Mechanics in Oscillation Experiments

According to standard quantum theory, the time evolution operator of a quantum system is independent of the state of the system. One can, however, consider systems in which this is not the case: the evolution operator may depend on the density operator itself. The presence of such modifications of quantum theory can be tested in long baseline oscillation experiments.Comment: 8 pages, LaTeX; no macros neede

Meteoroid and debris special investigation group data acquisition procedures

The entire LDEF spacecraft was examined by M&D SIG for impact (i.e., craters greater than or = 0.5 mm and penetrations greater than or = 0.3 mm in diameter) and related features (e.g., debris, secondaries). During the various detailed surveys conducted at NASA Kennedy, approx. 5,000 impact related features were photodocumented, and their locations measured and recorded; an additional approx. 30,000 smaller features were counted. The equipment and techniques used by the M&D SIG permitted the determination and recording of the locations and diameters of the 5,000 imaged features. A variety of experimental and LDEF structural hardware was acquired by the M&D SIG and is presently being examined and curated at NASA Johnson

Reframing Kurtz’s Painting: Colonial Legacies and Minority Rights in Ethnically Divided Societies

Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments’ variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages post-independence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government

Spacetime Defects: von K\'arm\'an vortex street like configurations

A special arrangement of spinning strings with dislocations similar to a von K\'arm\'an vortex street is studied. We numerically solve the geodesic equations for the special case of a test particle moving along twoinfinite rows of pure dislocations and also discuss the case of pure spinning defects.Comment: 9 pages, 2figures, CQG in pres

Challenging SO(10) SUSY GUTs with family symmetries through FCNC processes

We perform a detailed analysis of the SO(10) SUSY GUT model with D3 family symmetry of Dermisek and Raby (DR). The model is specified in terms of 24 parameters and predicts, as a function of them, the whole MSSM set of parameters at low energy scales. Concerning the SM subset of such parameters, the model is able to give a satisfactory description of the quark and lepton masses, of the PMNS matrix and of the CKM matrix. We perform a global fit to the model, including flavour changing neutral current (FCNC) processes Bs --> mu+ mu-, B --> Xs gamma, B --> Xs l+ l- and the B(d,s) - bar B(d,s) mass differences Delta M(d,s) as well as the flavour changing (FC) process B+ --> tau+ nu. These observables provide at present the most sensitive probe of the SUSY mass spectrum and couplings predicted by the model. Our analysis demonstrates that the simultaneous description of the FC observables in question represents a serious challenge for the DR model, unless the masses of the scalars are moved to regions which are problematic from the point of view of naturalness and probably beyond the reach of the LHC. We emphasize that this problem could be a general feature of SUSY GUT models with third generation Yukawa unification and weak-scale minimal flavour violation.Comment: 1 + 37 pages, 5 figures, 11 tables. v3: minor typos fixed. Matches JHEP published versio