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

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

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

Higgs mediated Double Flavor Violating top decays in Effective Theories

The possibility of detecting double flavor violating top quark transitions at future colliders is explored in a model-independent manner using the effective Lagrangian approach through the $t \to u_i\tau \mu$ ($u_i=u,c$) decays. A Yukawa sector that contemplates $SU_L(2)\times U_Y(1)$ invariants of up to dimension six is proposed and used to derive the most general flavor violating and CP violating $q_iq_jH$ and $l_il_jH$ vertices of renormalizable type. Low-energy data, on high precision measurements, and experimental limits are used to constraint the $tu_iH$ and $H\tau \mu$ vertices and then used to predict the branching ratios for the $t \to u_i\tau \mu$ decays. It is found that this branching ratios may be of the order of $10^{-4}-10^{-5}$, for a relative light Higgs boson with mass lower than $2m_W$, which could be more important than those typical values found in theories beyond the standard model for the rare top quark decays $t\to u_iV_iV_j$ ($V_i=W,Z,\gamma, g$) or $t\to u_il^+l^-$. %% LHC experiments, by using a total integrated luminosity of $\rm 3000 fb^{-1}$ of data, will be able to rule out, at 95% C.L., DFV top quark decays up to a Higgs mass of 155 GeV/$c^2$ or discover such a process up to a Higgs mass of 147 GeV/$c^2$.Comment: 24 pages, 11 figure

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

A review of the decoherent histories approach to the arrival time problem in quantum theory

We review recent progress in understanding the arrival time problem in quantum mechanics, from the point of view of the decoherent histories approach to quantum theory. We begin by discussing the arrival time problem, focussing in particular on the role of the probability current in the expected classical solution. After a brief introduction to decoherent histories we review the use of complex potentials in the construction of appropriate class operators. We then discuss the arrival time problem for a particle coupled to an environment, and review how the arrival time probability can be expressed in terms of a POVM in this case. We turn finally to the question of decoherence of the corresponding histories, and we show that this can be achieved for simple states in the case of a free particle, and for general states for a particle coupled to an environment.Comment: 10 pages. To appear in DICE 2010 conference proceeding

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

Phase separation in systems with absorbing states

We study the problem of phase separation in systems with a positive definite order parameter, and in particular, in systems with absorbing states. Owing to the presence of a single minimum in the free energy driving the relaxation kinetics, there are some basic properties differing from standard phase separation. We study analytically and numerically this class of systems; in particular we determine the phase diagram, the growth laws in one and two dimensions and the presence of scale invariance. Some applications are also discussed.Comment: Submitted to Europhysics Let