A Generalized Theory of Varying Alpha

In this paper, we formulate a generalization of the simple Bekenstein-Sandvik-Barrow-Magueijo (BSBM) theory of varying alpha by allowing the coupling constant, \omega, for the corresponding scalar field \psi\ to depend on \psi. We focus on the situation where \omega\ is exponential in \psi\ and find the late-time behaviours that occur in matter-dominated and dark-energy dominated cosmologies. We also consider the situation when the background expansion scale factor of the universe evolves in proportion to an arbitrary power of the cosmic time. We find the conditions under which the fine structure `constant' increases with time, as in the BSBM theory, and establish a cosmic no-hair behaviour for accelerating universes. We also find the conditions under which the fine structure `constant' can decrease with time and compare the whole family of models with astronomical data from quasar absorption spectra.Comment: 25 pages, 6 figures. Minor corrections and clarifications added. Final section on spatial variations removed so that the paper focuses exclusively on time-variatio

Effects of negative energy balance on liver gene and protein expression during the early postpartum period and its impacts on dairy cow fertility

End of project reportNegative energy balance (NEB) is a severe metabolic affecting high yielding dairy cows early post partum with both concurrent and latent negative effects on cow fertility as well as on milk production and cow health. The seasonal nature of Irish dairy production necessitates high cow fertility and a compact spring calving pattern in order to maximise grass utilisation. Poor dairy cow reproductive performance currently costs the Irish cattle industry in excess of €400 million annually. High milk yields have been associated with lower reproductive efficiency, and it has been suggested that this effect is probably mediated through its effects on the energy balance of the cow during lactation. The modern high genetic merit dairy cow prioritises nutrient supply towards milk production in early lactation and this demand takes precedence over the provision of optimal conditions for reproduction. In this study we used the bovine Affymetrix 23,000 gene microarray, which contains the most comprehensive set of bovine genes to be assembled and provides a means of investigating the modifying influences of energy balance on liver gene expression. Cows in severe negative energy balance (SNEB) in early lactation showed altered hepatic gene expression in metabolic processes as well as a down regulation of the insulin-like growth factor (IGF) system, where insulin like growth factor-1 (IGF-1), growth hormone receptor variant 1A (GHR1A) and insulin-like growth factor binding protein-acid labile subunit (IGFBP-ALS) were down regulated compared to the cows in the moderate negative energy balance MNEB group, consistent with a five-fold reduction in systemic concentrations of IGF1 in the SNEB group.Cows in SNEB showed elevated expression of key genes involved in the inflammatory response such as interleukin-8 (IL-8). There was a down regulation of genes involved in cellular growth in SNEB cows and moreover a negative regulator of cellular proliferation (HGFIN) was up regulated in SNEB cows, which is likely to compromise adaptation and recovery from NEB. The puma method of analysis revealed that 417 genes were differentially regulated by EB (P<0.05), of these genes 190 were up-regulated while 227 were down-regulated, with 405 genes having known biological functions. From Ingenuity Pathway Analysis (IPA), lipid catabolism was found to be the process most affected by differences in EB status

Criminalizing Humanitarian Intervention

The States Parties of the International Criminal Court (ICC) will likely vote in 2010 on whether to amend the Rome Statute to allow the ICC to prosecute the crime of aggression. If a robust amendment is widely ratified by states, and if the mechanism for triggering ICC jurisdiction in a particular situation is the ICC itself, then the ICC may emerge as an important voice in the debate over the legality of humanitarian intervention taken without Security Council authorization. Prosecutions, or at least indictments, of leaders of those interventions would considerably strengthen the hand of those who regard such intervention as illegal. Yet an unwillingness on the part of the ICC to indict and prosecute those leaders - an outcome that seems likely for incidents of true humanitarian intervention - may lend considerable credence to the view that such intervention is lawful, as well as define the conditions that characterize such intervention

International Judicial Bodies for Resolving Disputes Between States

This chapter of the forthcoming Oxford Handbook on International Adjudication assesses those international judicial bodies that are established principally to resolve disputes between States, notably the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and the World Trade Organization (WTO) Appellate Body. Unlike courts oriented toward regional economic integration or regional human rights, such as the European Court of Justice or the Inter-American Court of Human Rights, these courts and tribunals primarily focus on resolving disputes between States. Contentious cases before these bodies, for the most part, do not involve institutional organs or other non-State actors as litigants. Unlike international criminal courts, these courts focus exclusively on issues of State responsibility, generally finding that international law has or has not been violated; if a violation is found, matter is usually negotiated to a resolution by the concerned States. Although reparation in the form of restitution, compensation or satisfaction is possible, criminal sanctions are not. Unlike ad hoc arbitral tribunals formed to address matters of investment or commerce, such as under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID) or the International Chamber of Commerce, these judicial bodies are permanent institutions; they are designed to operate for decades, with adjudicators who serve for years on a range of cases, not for just a single claim or group of claims. Unlike processes for mediation or conciliation, these courts or tribunals issue decisions that are legally binding on the parties appearing before them. Such international judicial bodies have a prominent place in the pantheon of international adjudication; indeed, the ICJ is often viewed — symbolically — as at the pinnacle of international adjudication. Yet with the rise of numerous other dispute resolution bodies, including those before which non-State actors may appear and that may hear hundreds of cases per year, questions have arisen as to whether such ‘old school’ fora still play a dominant or even important role for international law, especially given the relative paucity of their caseloads

Third Report on Crimes Against Humanity

In July 2014, the U.N. International Law Commission placed the topic “Crimes against humanity” on its current program of work and appointed a Special Rapporteur. According to the topic proposal, the objective of the Commission is to draft articles for what could become a Convention on the Prevention and Punishment of Crimes against Humanity. In 2015, based on the Special Rapporteur’s First Report, the Commission provisionally adopted the first four draft articles with commentary. In 2016, based on the Special Rapporteur’s Second Report, the Commission provisionally adopted an addition six draft articles with commentary. In this Third Report, which will be debated by the Commission during the summer of 2017, the Special Rapporteur proposes a draft preamble and seven additional draft articles, which are focused on various obligations of States with respect to the prosecution of crimes against humanity within national law. Specifically, the seven proposed draft articles address: extradition (draft article 11); non-refoulement (draft article 12); mutual legal assistance (draft article 13); treatment of victims, witnesses and others (draft article 14); relationship to competent international criminal tribunals (draft article 15); federal State obligations (draft article 16); and inter-State dispute resolution in the event of non-compliance (draft article 17). Annex I to the report contains the ten draft articles provisionally adopted by the Commission to date. Annex II contains the draft preamble and seven draft articles proposed in this report

The Identification of Customary International Law and Other Topics: The Sixty-Seventh Session of the International Law Commission

The International Law Commission held its sixty-seventh session in Geneva from May 4 to June 5, and from July 6 to August 7, 2015, under the chairmanship of Narinder Singh (India). Notably, the Commission’s drafting committee completed a full set of sixteen draft conclusions on the topic of “identification of customary international law,” paving the way for those conclusions with commentaries to be approved by the Commission on first reading in 2016. Additionally, the Commission provisionally adopted with commentaries initial draft guidelines on “protection of the atmosphere” and initial draft articles on “crimes against humanity,” as well as one further draft conclusion with commentary on “subsequent agreements and subsequent practice in relation to the interpretation of treaties.” Progress was also made in developing draft principles on “protection of the environment in relation to armed conflicts,” draft articles on “immunity of State officials from foreign criminal jurisdiction,” and draft guidelines on “provisional application of treaties.” The Commission completed its work on the topic “the most-favored-nation clause” and decided to add a new topic of jus cogens to its agenda

Taking Multinational Corporate Codes of Conduct to the Next Level

Over the course of the past thirty years, numerous non-state actor codes of conduct have emerged that seek to promote socially-responsible conduct of multinational corporations (MNCs), especially in the developing world. The objective of such codes is to prevent harm or mistreatment of persons or things caused by MNC operations (e.g., the existence of unhealthy worker conditions in an MNC factory). Such harm or mistreatment need not be a core concern for the corporate actor. Indeed, the MNC - in theory driven to maximize its profits although in practice driven by various factors - may benefit far more by inflicting the harm or mistreatment than by engaging in socially-responsible behavior. Only in reaction to outrage and discontent by other actors (governments, non-governmental organizations, or civil society groups) might the MNC see a value in developing a code of conduct that, if adhered to, would reduce the harm or mistreatment the MNC inflicts on others. This essay briefly summarizes the rise of these codes of conduct, with particular attention to certain highly visible examples. Many criticisms have been levied against such codes suggesting that, over the long term, they may not survive in their present form. Consequently, this essay suggests a new approach to thinking about these codes, one that might enhance their legitimacy, effectiveness, and credibility. Greater thought should be given by all stakeholders to an increased role for governments in the development and implementation of such codes. While transforming the codes wholesale into binding law is not politically feasible at this time, and may never be economically desirable, other means of governmental involvement should be considered. For instance, governments can play a better role in bringing stakeholders together to form such codes and do better at identifying what types of codes are effective and which are not. Governments might do better at using national laws and regulations to make adherence to such codes more attractive, such as by using the codes to help reduce regulatory uncertainty and as safe harbors for MNCs against criminal or civil penalties. At the same time, governments might use national laws to regulate better MNC use of the codes, such as by compelling disclosure of information about MNC adherence to the code. The role of governments would not be one of state control of corporate activity but, rather, one of helping empower the individual autonomy of corporations within certain bounds of justice, fairness, and equity

\u3ci\u3eJus Ad Bellum,\u3c/i\u3e Values, and the Contemporary Structure of International Law

In “Religion, Violence, and Human Rights: Protection of Human Rights as Justification for the Use of Armed Force,” 41 Journal of Religious Ethics 1 (2013), James Johnson discusses an important dilemma for contemporary society: when should transnational military force be permitted to protect human rights? Professor Johnson uses the relatively recent doctrine of a “responsibility to protect” as the centerpiece of his paper, characterizing it as a reaction to legal concepts that emerged in the “Westphalian system.” Yet the doctrine, at least as it relates to the use of military force, is not a reaction to that system but, rather, to the relatively recent system of the UN Charter, particularly its relegation to the Security Council of the exclusive authority to determine when military force should be used for purposes other than self-defense. When the Cold War ended and the Security Council failed to act to protect human rights, the doctrine was born

Immunity Ratione Materiae of State Officials from Foreign Criminal Jurisdiction: Where is the State Practice in Support of Exceptions?

This essay, a contribution to an AJIL Unbound symposium on “The Present and Future of Foreign Official Immunity,” considers the adoption in 2017 by the U.N. International Law Commission of a draft article (and annex) for its project on immunity of State officials from foreign criminal jurisdiction. Draft Article 7 identifies six “crimes under international law in respect of which immunity ratione materiae shall not apply”: genocide; crimes against humanity; war crimes; crime of apartheid; torture; and enforced disappearance. Given the divergences within the Commission when considering and adopting draft Article 7, it is difficult to conclude that the Commission is expressing a view that draft Article 7 reflects lex lata. But there is a further reason to doubt its status as lex lata: the lack of State practice – let alone widespread, representative and consistent State practice – in support of denying immunity for those crimes under customary international law. At best, Article 7 might be regarded as a proposal by the Commission for a new rule that could be embodied in a treaty, which States might choose to accept or reject