From Fragmentation to Constitutionalization

This short essay, prepared for a panel on “The Impact of a Wider Dissemination of Human Rights Norms: Fragmentation or Unity?,” explores the connection between two popular, but seemingly contradictory discourses in international law: fragmentation and constitutionalization. After disentangling and categorizing the various types of fragmentation international law may be experiencing, the essay focuses in on one form in particular, the “fragmentation of the legal community.” This most radical version of fragmentation, the essay argues, has spurred a number of responses, many of which suggest the beginnings of a constitutional conflicts regime for international law. The essay ends by suggesting and exploring three types of constitutional conflicts rules already in limited use: (1) constitutional comity rules, (2) constitutional hierarchy rules, and (3) constitutional abstention rules

Equipping Covenant Baptist Church to Defend the Bible in a Skeptical World

The thesis of this research project is “If Covenant Baptist Church members are taught the reliability of the Bible, they will be equipped to defend their faith to a skeptical world.” The goals of this doctoral thesis are two-fold: to train adequate believers regarding the Bible’s reliability in a skeptical world, and honor God in the process through the equipping ministry of the church in accordance with Ephesians 4:11-16. Seven lessons were researched, formulated, and presented to a small group of believers in Covenant Baptist Church who desired to become more confident in defending the Bible to a skeptic. Entrance and exit questionnaires were shared to determine comfortability and knowledge of the reliability of the Bible before and after the seven, discipleship lessons were taught. Participants indicated an improvement in confidence and an increased willingness to use the study materials to engage a skeptic or an unbeliever in a witnessing scenario. It is discovered from this research study that intentional discipleship on the reliability of the Bible will provide positive results for those who choose to instruct believers about ways to defend the Bible

International Law\u27s Erie Moment

The episode put the question starkly: Who fills the gaps in international law and how? A series of tribunals operating under Chapter 11 of the North American Free Trade Agreement (NAFTA) had adopted broader interpretations of vague treaty language than those recommended by the state parties. In response, government ministers from the three state parties, Mexico, Canada, and the United States, operating through the Free Trade Commission (FTC) established by the treaty, adopted Notes of Interpretation clarifying their view of the treaty\u27s meaning. International tribunals are generally tasked with examining state practice, either to recognize rules of customary international law that state practice may evidence or to discover from subsequent practice the intended meaning of treaty provisions. But when a tribunal\u27s own interpretations conflict with state practice, who wins? Is state practice contrary to a tribunal\u27s decision a breach of international law or a rebuke of the tribunal\u27s view? In the case of NAFTA, the general instruction of the Vienna Convention on the Law of Treaties to look to subsequent agreement and subsequent practice in interpreting treaty provisions was paired with a specific recognition of the FTC\u27s authority to resolve disputes that may arise regarding [the] interpretation or application of NAFTA. Nonetheless, NAFTA tribunals were split on exactly how to regard the Notes of Interpretation and how much respect they should be due. While for some, the Notes provided clear evidence of the parties\u27 intent, for others, they were an improper attempt to subvert due process and the rule of law

Historical American erspectives On International Law

The topic of this year\u27s International Law Weekend, The United States and International Law: Legal Traditions and Future Possibilities, cries out for additional historical perspective

Introduction: Legitimacy and International Courts

Legitimacy and International Courts examines the underpinnings of legitimacy, or the justification of the authority, of international courts and tribunals. It brings together an esteemed group of authors, noted for both their expertise in individual courts, tribunals, or other adjudicatory bodies, and their work on legitimacy, effectiveness, and governance more broadly, to consider the legitimacy of international courts from a comparative perspective. Authors explore what strengthens and weakens the legitimacy of various different international courts, while also considering broader theories of international court legitimacy. Some chapters highlight the sociological or normative legitimacy of specific courts or tribunals, while others address cross-cutting issues such as representation, democracy, independence and effectiveness. This Introduction surveys some of the key contributions of this volume and distills some of the lessons of its varied chapters for the legitimacy of international courts. Parts II and III are largely conceptual in approach, exploring what legitimacy means for each and all of the courts. Part IV takes a more functional approach, exploring how various factors internal or external to particular courts have contributed to those courts’ normative or sociological legitimacy. Part V provides thumbnail summaries of each the chapters that follow

Expressions 2019

https://openspace.dmacc.edu/expressions/1035/thumbnail.jp

The AEPEX Mission: Imaging Energetic Particle Precipitation Into Earth’s Upper Atmosphere

Radiation belt electron fluxes can be enhanced during geomagnetic storms by two orders of magnitude; subsequently, these fluxes decay back to nominal levels in a few days. Precipitation into the upper atmosphere is a primary loss mechanism for these electrons, particularly during the decay phase. Upon impacting the upper atmosphere, these electrons create new ionization, leading to a chemical response that increases NOx and HOx and destroys ozone. Quantifying both radiation belt loss and the impact on the atmosphere requires an accurate estimate of the flux, energy spectrum, and spatial and temporal scales of precipitation. The NASA-funded Atmospheric Effects of Precipitation through Energetic X-rays (AEPEX) Cube-Sat mission is designed to quantify these parameters of radiation belt precipitation by measuring the bremsstrahlung X-rays created during the precipitation process, using a new instrument called the Atmospheric X-ray Imaging Spectrometer (AXIS). Hard X-rays (50-300 keV) emitted by Earth’s atmosphere have previously been measured from high-altitude balloons and satellites, but have never been imaged from space. The AXIS instrument will image the X-ray fluxes produced by the atmosphere, providing measurements of spatial scales, along with the X-ray flux and spectrum, using off-the-shelf pixelated detector modules and coded aperture optics. A solid-state energetic particle detector, with heritage from the FIREBIRD Cube Sat mission, will measure the precipitating electron energy spectrum, which is used to constrain the inversion from X-ray fluxes to electron fluxes. The AEPEX spacecraft is a 6U CubeSat, currently being built by the University of Colorado Boulder. It includes a custom-designed structure and a custom spacecraft bus consisting of an electrical power system, command and data handling, flight software, and instrument interface electronics designed by the Laboratory for Atmospheric and Space Physics (LASP) at CU Boulder. The system also includes custom-designed doubly-deployable solar panels. The mission will be launched into ahigh-inclination orbit to ensure coverage of high latitudes; launch is scheduled for early 2024

Rheumatoid Factor as a Potentiator of Anti–Citrullinated Protein Antibody–Mediated Inflammation in Rheumatoid Arthritis

Objective. The co-occurrence of rheumatoid factor (RF) and anti–citrullinated protein antibody (ACPA) positivity in rheumatoid arthritis (RA) is well described. However, the mechanisms underlying the potential interaction between these 2 distinct autoantibodies have not been well defined. The aim of this study was to evaluate the epidemiologic and molecular interaction of ACPAs and RF and its association with both disease activity and measures of RA-associated inflammation. Methods. In a cohort of 1,488 US veterans with RA, measures of disease activity and serum levels of cytokines and multiplex ACPAs were compared between the following groups of patients: double-negative (anti–cyclic citrullinated peptide [anti-CCP]-/RF-), anti-CCP+/RF-, anti-CCP-/RF+, or double-positive (anti-CCP+/RF+). Additional studies were performed using an in vitro immune complex (IC) stimulation assay in which macrophages were incubated with ACPA ICs in the presence or absence of monoclonal IgM-RF, and tumor necrosis factor α production measured as a readout of macrophage activation. Results. Compared with the double-negative subgroup (as well as each single-positive subgroup), the double-positive subgroup exhibited higher disease activity as well as higher levels of C-reactive protein and inflammatory cytokines (all P \u3c 0.001). In vitro stimulation of macrophages by ACPA ICs increased cytokine production, and the addition of monoclonal IgM-RF significantly increased macrophage tumor necrosis factor α production (P = 0.003 versus ACPA ICs alone). Conclusion. The combined presence of ACPAs and IgM-RF mediates increased proinflammatory cytokine production in vitro and is associated with increased systemic inflammation and disease activity in RA. Our data suggest that IgM-RF enhances the capacity of ACPA ICs to stimulate macrophage cytokine production, thereby providing a mechanistic link by which RF enhances the pathogenicity of ACPA ICs in RA