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

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

A spatial multi-criteria model for the evaluation of land redistribution plans

A planning support system for land consolidation has been developed that has, at its heart, an expert system called LandSpaCES (Land Spatial Consolidation Expert System) which contains a "design module" that generates alternative land redistributions under different scenarios and an "evaluation module" which integrates GIS with multi-criteria decision making for assessing these alternatives. This paper introduces the structural framework of the latter module which has been applied using a case study in Cyprus. Two new indices are introduced: the "parcel concentration coefficient" for measuring the dispersion of parcels; and the "landowner satisfaction rate" for predicting the acceptance of the land redistribution plan by the landowners in terms of the location of their new parcels. These two indices are used as criteria for the evaluation of the land redistribution alternatives and are transferable to any land consolidation project. Moreover, a modified version of the ratio estimation procedure, referred to as the "qualitative rating method" for assigning weights to the evaluation criteria, is presented, along with a set of non-linear value functions for standardizing the performance scores of the alternatives and incorporating expert knowledge for five evaluation criteria. The application of the module showed that it is a powerful new tool for the evaluation of alternative land redistribution plans that could be implemented in other countries after appropriate adjustments. A broader contribution has also been made to spatial planning processes, which might follow the methodology and innovations presented in this paper

Neural network emulation of a rainfall-runoff model

International audienceThe potential of an artificial neural network to perform simple non-linear hydrological transformations is examined. Four neural network models were developed to emulate different facets of a recognised non-linear hydrological transformation equation that possessed a small number of variables and contained no temporal component. The modeling process was based on a set of uniform random distributions. The cloning operation facilitated a direct comparison with the exact equation-based relationship. It also provided broader information about the power of a neural network to emulate existing equations and model non-linear relationships. Several comparisons with least squares multiple linear regression were performed. The first experiment involved a direct emulation of the Xinanjiang Rainfall-Runoff Model. The next two experiments were designed to assess the competencies of two neural solutions that were developed on a reduced number of inputs. This involved the omission and conflation of previous inputs. The final experiment used derived variables to model intrinsic but otherwise concealed internal relationships that are of hydrological interest. Two recent studies have suggested that neural solutions offer no worthwhile improvements in comparison to traditional weighted linear transfer functions for capturing the non-linear nature of hydrological relationships. Yet such fundamental properties are intrinsic aspects of catchment processes that cannot be excluded or ignored. The results from the four experiments that are reported in this paper are used to challenge the interpretations from these two earlier studies and thus further the debate with regards to the appropriateness of neural networks for hydrological modelling

LandParcelS: A module for automated land partitioning

Land fragmentation is a widespread problem and schemes for consolidating land are required to improve agricultural efficiency. This paper explains the development of a module called LandParcelS (Land Parcelling System) that is part of an integrated planning and decision support system called LAONISS which is being developed to assist land consolidation planning in Cyprus. LandParcelS is the component of the system that automates the land partitioning process by optimising land parcels in terms of shape, size and value. The methodology employs a genetic algorithm and results are presented when treating the partitioning task as either a single or multi-objective problem

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

Editorial: The rise of collaborative mapping: Trends and future directions

The nature of map production and the dissemination of spatially referenced information have changed radically over the last decade. This change has been marked by an explosion of user generated spatial content via Web 2.0, access to a rising tide of big data streams from remotely-sensed and public data archives, and the use of mobile phones and other sensors as mapping devices. All of these developments have facilitated a much wider use of geodata, transforming ordinary citizens into neogeographers. This increase in user-generated content has resulted in a blurring of the boundaries between the traditional map producer, i.e., national mapping agencies and local authorities, and citizens as consumers of this information. Citizens now take an active role in mapping different types of features on the Earth's surface as volunteers, either by providing observations on the ground or tracing data from other sources, such as aerial photographs or satellite imagery. OpenStreetMap (OSM) and Ushahidi are two well-known examples of a growing collection of collaborative mapping communities that are building rich spatial datasets, which are openly accessible

Cognition-Enhancing Drugs: Can We Say No?

Normative analysis of cognition-enhancing drugs frequently weighs the liberty interests of drug users against egalitarian commitments to a level playing field. Yet those who would refuse to engage in neuroenhancement may well find their liberty to do so limited in a society where such drugs are widespread. To the extent that unvarnished emotional responses are world-disclosive, neurocosmetic practices also threaten to provide a form of faulty data to their users. This essay examines underappreciated liberty-based and epistemic rationales for regulating cognition-enhancing drugs