The double-facing foreign relations function of the executive and its self-enforcing obligation to comply with international law

How does the international Rule of Law apply to constrain the conduct of the Executive within a constitutional State that adopts a dualist approach to the reception of international law? This paper argues that, so far from being inconsistent with the concept of the Rule of Law, the Executive within a dualist constitution has a self-enforcing obligation to abide by the obligations of the State under international law. This is not dependent on Parliament’s incorporation of treaty obligations into domestic law. It is the correlative consequence of the allocation to the Executive of the power to conduct foreign relations. The paper develops this argument in response to recent debate in the United Kingdom on whether Ministers have an obligation to comply with international law–a reference that the Government removed from the Ministerial Code. It shows that such an obligation is consistent with both four centuries of the practice of the British State and with principle

The Assault on International Adjudication and the Limits of Withdrawal

International adjudication is currently under assault, encouraging a number of States to withdraw, or to consider withdrawing, from treaties providing for international dispute settlement. This Working Paper argues that the act of treaty withdrawal is not merely as the unilateral executive exercise of the individual sovereign prerogative of a State. International law places checks upon the exercise of withdrawal, recognising that it is an act that of its nature affects the interests of other States parties, which have a collective interest in constraining withdrawal. National courts have a complementary function in restraining unilateral withdrawal in order to support the domestic constitution. The arguments advanced against international adjudication in the name of popular democracy at the national level can serve as a cloak for the exercise of executive power unrestrained by law. The submission by States of their disputes to peaceful settlement through international adjudication is central, not incidental, to the successful operation of the international legal system

Anthony Angelo and the Comparative Law Tradition

The author, himself a professor of law, provides his account of learning about comparative law under Professor Tony Angelo. The author praises Professor Angelo's seminars as they required students to understand not only their own systems, but also the very different private international law solutions adopted in other countries. This allowed the author to see how the world's multitude of different legal systems fit together. It is concluded that the task of equipping law students with foundational skills in comparative law and the conflict of laws remains urgently relevant, and Professor Angelo's role in delivering that task to Victoria University of Wellington has been instrumental

Foreword: The Dynamic Evolution of International Law – Rise or Decline?

This is the foreword to the special issue of the Victoria University of Wellington Law Review presenting an edited collection of articles from leading voices in the field of public international law – scholars, judges and practitioners – that reflect on the different dimensions of the problem of change in international law.&nbsp

Preface

This is the preface to the special symposium issue on International Law and Democratic Theory

Populism, the Pandemic & Prospects for International Law

Populism has fatally weakened the world’s ability to respond to COVID-19, by undermining the capacity of the structures and mechanisms of international law to address the pandemic. The pandemic has exposed as a fallacy a key tenet of populism – to protect the ‘people’ of a nation from external forces, including international law. In fact international law, through the principle of self-determination, enshrines the ability of peoples to determine their own political organization. But this does not preclude agreement at the international level on matters of common interest to humanity as a whole that require community action. The prevention of infectious disease is just such a case, which states have long agreed could not remain solely the preserve of national polities, but requires a common international response. This paper, placing the current crisis in light of the development of international health law, critically examines the response of key populist governments to COVID-19 in order to address the larger issue of the implications of populism for the fate of international law

Improving Inference of Gaussian Mixtures Using Auxiliary Variables

Expanding a lower-dimensional problem to a higher-dimensional space and then projecting back is often beneficial. This article rigorously investigates this perspective in the context of finite mixture models, namely how to improve inference for mixture models by using auxiliary variables. Despite the large literature in mixture models and several empirical examples, there is no previous work that gives general theoretical justification for including auxiliary variables in mixture models, even for special cases. We provide a theoretical basis for comparing inference for mixture multivariate models with the corresponding inference for marginal univariate mixture models. Analytical results for several special cases are established. We show that the probability of correctly allocating mixture memberships and the information number for the means of the primary outcome in a bivariate model with two Gaussian mixtures are generally larger than those in each univariate model. Simulations under a range of scenarios, including misspecified models, are conducted to examine the improvement. The method is illustrated by two real applications in ecology and causal inference

ZnO nanorod arrays as electron injection layers for efficient organic light emitting diodes

Nanostructured oxide arrays have received significant attention as charge injection and collection electrodes in numerous optoelectronic devices. Zinc oxide (ZnO) nanorods have received particular interest owing to the ease of fabrication using scalable, solution processes with a high degree of control of rod dimension and density. Here, vertical ZnO nanorods as electron injection layers in organic light emitting diodes are implemented for display and lighting purposes. Implementing nanorods into devices with an emissive polymer, poly(9,9-dioctyluorene-alt-benzothiadiazole) (F8BT) and poly(9,9-di-n-octylfluorene-alt-N-(4-butylphenyl)dipheny-lamine) (TFB) as an electron blocking layer, brightness and efficiencies up to 8602 cd m−2 and 1.66 cd A−1 are achieved. Simple solution processing methodologies combined with postdeposition thermal processing are highlighted to achieve complete wetting of the nanorod arrays with the emissive polymer. The introduction of TFB to minimize charge leakage and nonradiative exciton decay results in dramatic increases to device yields and provides an insight into the operating mechanism of these devices. It is demonstrated that the detected emission originates from within the polymer layers with no evidence of ZnO band edge or defect emission. The work represents a significant development for the ongoing implementation of ZnO nanorod arrays into efficient light emitting devices

Fluorene copolymer bilayers for emission colour tuning in inverted hybrid light emitting diodes

© The Royal Society of Chemistry 2015.We present a robust, entirely solution-based processing route for the deposition of planar F8BT/TFB poly(9,9-dioctylfluorene-alt-benzothiadiazole)/poly(9,9-dioctylfluorene-alt-N-(4-butylphenyl)-diphenylamine) emissive/hole transport bilayers for emission colour tuning in inverted organic-inorganic hybrid light emitting diodes (HyLEDs). Our method allows the facile exploration of TFB thickness for the first time within inverted devices; here we describe the influence of TFB thickness on the device performance. In particular, we demonstrate significant variations in device electroluminescence with highly controlled tunability between green and orange (550 to 610 nm) emission; correlating directly with the thickness of the TFB layer. These changes are in parallel with a 20-fold increase in current efficiency with respect to F8BT-only devices, with our bilayer devices exhibiting luminance values exceeding 11 000 cd m-2. Additionally, through reflectance and angle-dependent electroluminescence measurements we explore the presence of microcavity effects and their impact on device behaviour. We introduce TFB not only as a charge blocking/transporting layer but also as an optical emission-tuning layer

Model-based clustering via linear cluster-weighted models

A novel family of twelve mixture models with random covariates, nested in the linear $t$ cluster-weighted model (CWM), is introduced for model-based clustering. The linear $t$ CWM was recently presented as a robust alternative to the better known linear Gaussian CWM. The proposed family of models provides a unified framework that also includes the linear Gaussian CWM as a special case. Maximum likelihood parameter estimation is carried out within the EM framework, and both the BIC and the ICL are used for model selection. A simple and effective hierarchical random initialization is also proposed for the EM algorithm. The novel model-based clustering technique is illustrated in some applications to real data. Finally, a simulation study for evaluating the performance of the BIC and the ICL is presented