NAFTA Chapter 11 as Supraconstitution

More and more legal scholars are turning to constitutional law to make sense of the growth of transnational and international legal orders. They often employ constitutional terminology loosely, in a bewildering variety of ways, with little effort to clarify their analytical frameworks or acknowledge the normative presuppositions embedded in their analysis. The potential of constitutional analysis as an instrument of critique of transnational legal orders is frequently lost in methodological confusion and normative controversy. An effort at clarification is necessary. We propose a functional approach to supraconstitutional analysis that applies across issue areas, accommodates variation in kinds and degrees of supraconstitutionalization, recognizes its simultaneously domestic and transnational character, and reflects its uneven incidence and impacts. We apply this framework to NAFTA to consider whether and how it superimposes a supraconstitutional legal order on member states\u27 domestic constitutional orders. We show that the main thrust of this contemporary supraconstitutional project is to restructure state and international political forms to promote market efficiency and discipline, enable free capital movement, confer privileged rights of citizenship and representation on corporate capital, insulate key aspects of the economy from state interference, and constrain democratic decision-making

Review of battery electric vehicle propulsion systems incorporating flywheel energy storage

The development of battery electric vehicles (BEV) must continue since this can lead us towards a zero emission transport system. There has been an advent of the production BEVs in recent years; however their low range and high cost still remain the two important drawbacks. The battery is the element which strongly affects the cost and range of the BEV. The batteries offer either high specific power or high specific energy but not both. To provide the BEVs with the characteristic to compete with conventional vehicles it is beneficial to hybridize the energy storage combining a high energy battery with a high power source. This shields the battery from peak currents and improves its capacity and life. There are various devices which could qualify as a secondary storage system for the BEV such as high power battery, supercapacitor and high speed flywheel (FW). This paper aims to review a specific type of hybridisation of energy storage which combines batteries and high speed flywheels. The flywheel has been used as a secondary energy system in BEVs from the early 1970s when the oil crises triggered an interest in BEVs. Since the last decade the interest in flywheels has strengthened and their application in the kinetic energy recovery system (KERS) in Formula 1 has further bolstered the case for flywheels. With a number of automotive manufacturers getting involved in developing flywheels for road applications, the authors believe commercial flywheel based powertrains are likely to be seen in the near future. It is hence timely to produce a review of research and development in the area of flywheel assisted BEVs

Balancing, Proportionality, and Constitutional Rights

In the theory and practice of constitutional adjudication, proportionality review plays a crucial role. At a theoretical level, it lies at core of the debate on rights adjudication; in judicial practice, it is a widespread decision-making model characterizing the action of constitutional, supra-national and international courts. Despite its circulation and centrality in contemporary legal discourse, proportionality in rights-adjudication is still extremely controversial. It raises normative questions—concerning its justification and limits—and descriptive questions—regarding its nature and distinctive features. The chapter addresses both orders of questions. Part I centres on the justification of proportionality review, the connection between proportionality, balancing and theories of rights and the critical aspects of this connection. Part II identifies and analyses the different forms of proportionality both in review, as a template for rights-adjudication, and of review, as a way of defining the scope and limits of adjudication