Why States Create International Tribunals: A Response to Professors Posner and Yoo

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the interests of other states to influence their judgments. In this response, we identify the many shortcomings in the theory, methodology, and empirics in Judicial Independence in International Tribunals. We do so to challenge the authors\u27 core conjecture: that formally dependent international tribunals are correlated with effective judicial outcomes. We then offer our own counter-theory; a theory of constrained independence in which states establish independent international tribunals to enhance the credibility of their commitments and then use more fine grained structural, political, and discursive mechanisms to limit the potential for judicial excesses

Toward a Theory of Effective Supranational Adjudication

Supranational adjudication in Europe is a remarkable and surprising success. Europe\u27s two supranational courts -- the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) -- issue dozens of judgments each year with which defending national governments habitually comply in essentially the same manner as they would with domestic court rulings. These experiences stand in striking contrast to those of many international tribunals past and present. Can the European experience of supranational adjudication be transplanted beyond Europe? Professors Helfer and Slaughter argue that the effectiveness of the ECJ and the ECHR is linked to their power to hear claims brought by private parties directly against national governments or against other private parties. Such supranational jurisdiction has allowed the European courts to penetrate the surface of the state, to forge direct relationships not only with individual citizens but also with distinct government institutions such as national courts. Over time, this penetration and the deepening relationships between supranational jurists and domestic legal actors have led to the evolution of a community of law, a web of nominally apolitical relations among subnational and supranational legal actors. The simple provision of supranational jurisdiction, however, is not a guarantee of effective adjudication. Drawing on the observations of scholars, practitioners, and judges, Professors Helfer and Slaughter develop a checklist of factors that enhance the effectiveness of supranational adjudication. They distinguish among those factors that are within the control of member states; those that are within the control of the judges themselves; and those that may be beyond the control of either states or judges. Isolating the factors in this way provides both a rough metric for evaluating the effectiveness of other supranational tribunals and a potential set of prescriptions for judges on those tribunals seeking to enhance their institutions\u27 effectiveness. After developing the checklist, Professors Helfer and Slaughter use it to analyze the United Nations Human Rights Committee (UNHRC). Although the UNHRC was established expressly as a committee of experts rather than a court, analysis of its recent practice reveals that it is becoming increasingly court-like. Moreover, within the constraints imposed by severely limited resources, UNHRC members are independently following many of the checklist prescriptions for increased effectiveness. The next step is for the organization to enter into a sustained dialogue with its European counterparts, harmonizing its decisions with theirs in some areas while consciously preserving its own distinctive jurisprudence in others. Structured and regular interaction between these tribunals would add additional voices to an emerging transjudicial conversation, potentially laying the foundation for a global community of law

Why States Create International Tribunals: A Response to Professors Posner and Yoo

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the interests of other states to influence their judgments. In this response, we identify the many shortcomings in the theory, methodology, and empirics in Judicial Independence in International Tribunals. We do so to challenge the authors\u27 core conjecture: that formally dependent international tribunals are correlated with effective judicial outcomes. We then offer our own counter-theory; a theory of constrained independence in which states establish independent international tribunals to enhance the credibility of their commitments and then use more fine grained structural, political, and discursive mechanisms to limit the potential for judicial excesses

Observation of Neutrons with a Gadolinium Doped Water Cerenkov Detector

Spontaneous and induced fission in Special Nuclear Material (SNM) such as 235U and 239Pu results in the emission of neutrons and high energy gamma-rays. The multiplicities of and time correlations between these particles are both powerful indicators of the presence of fissile material. Detectors sensitive to these signatures are consequently useful for nuclear material monitoring, search, and characterization. In this article, we demonstrate sensitivity to both high energy gamma-rays and neutrons with a water Cerenkov based detector. Electrons in the detector medium, scattered by gamma-ray interactions, are detected by their Cerenkov light emission. Sensitivity to neutrons is enhanced by the addition of a gadolinium compound to the water in low concentrations. Cerenkov light is similarly produced by an 8 MeV gamma-ray cascade following neutron capture on the gadolinium. The large solid angle coverage and high intrinsic efficiency of this detection approach can provide robust and low cost neutron and gamma-ray detection with a single device.Comment: 7 pages, 4 figures. Submitted to Nuclear Instruments and Methods,

Small quantity production of complex chromium alloy sheet /Cr-7Mo-2Ta-0.09C-0.1Y/ Final report

Fabrication of Cr-Mo-Ta-C-Y alloy shee

Acute pharmacokinetics of first line anti-tuberculosis drugs in patients with Pulmonary Tuberculosis and in patients with Pulmonary Tuberculosis co-infected with HIV

The aim of this study was to compare the pharmacokinetics of antituberculosis drugs in patients with pulmonary tuberculosis (PTB) and in patients with PTB and HIV during the first 24 h of treatment. Designed as a case-control study, it compares the pharmacokinetics of first line antituberculous drugs, in HIV-positive (cases) and HIV-negative (control) patients both presenting with pulmonary tuberculosis. Blood samples were collected before and 0.5, 1, 1.5, 2, 2.5, 3, 3.5, 4, 4.5, 8, 12 and 24 h after administration of drugs. Drugs plasma levels were tested using HPLC assays. Results: Fourteen HIV positive (7 males and 7 females) and 17 HIV negative (9 males and 8 females) enrolled. Rifafour, a combination tablet including rifampicin, isoniazid, pyrazinamide and ethambutol was used in HIV positive patients, CD4 counts were significantly lower, renal function mildly decreased in 85% patients and moderately decreased in 7% patients. Liver function was normal in both groups. None of these patients was on other drug therapy. In the HIV positive group isoniazid T1/2 and AUC were decreased and Cl increased whereas Tmax and Cmax were unchanged. Pyrazinamide Tmax and Cmax were significantly decreased in HIV positive patients and no significant changes were noticed in the T1/2, AUC and CL. Conclusion: The study suggest that ethambutol, pyrazinamide and rifampicin pharmacokinetics was not affected by HIV infection and that isoniazid disposition is affected by HIV.Web of Scienc

Research and investigation of geology, mineral, and water resources of Maryland

The authors have identified the following significant results. Field work in Baltimore County revealed that the signature returns of serpentinitic and nonserpentinitic rocks correlates with the vegetation cover and land use pattern. In Maryland Piedmont, bedrock lithology and structure are enhanced only to the extent that land use is geologically dictated. Two prominent sets of linear features are detected on ERTS-1 imagery at N 45 deg E and N 20 deg E. Beaches of Chesapeake Bay are classified as broad and narrow beaches based on the width of the backshore zone. It is shown by comparing historical shorelines of Ocean City, from the inlet to the Maryland-Delaware line that reversal zones of erosion and accretion occur at different locations for different periods. High reflectance levels (high marsh-high topographic areas) for the lower Eastern Shore are found to be distributed as two distinct trending linear ridge systems. Observations of MSS band 5 dated 9 April 1974 exhibited an unique sedimentation pattern for Chesapeake Bay. Following a 1.5 inch rainfall, heavy concentration of suspended sediments is observed on the imagery, particularly in the area of the turbidity maximum

Earth orbital teleoperator systems evaluation

The mechanical extension of the human operator to remote and specialized environments poses a series of complex operational questions. A technical and scientific team was organized to investigate these questions through conducting specific laboratory and analytical studies. The intent of the studies was to determine the human operator requirements for remotely manned systems and to determine the particular effects that various system parameters have on human operator performance. In so doing, certain design criteria based on empirically derived data concerning the ultimate control system, the human operator, were added to the Teleoperator Development Program