Judicial Activism at the World Trade Organizational: Development Principles of Self-Restraint

In a number of recent decisions the AB has begun to grapple in a non-systematic way with both the incorporation and creative interpretation issues.14 These decisions raise serious concerns that the AB is exceeding its authority under the DSU and inappropriately incorporating non-WTO law or interpreting WTO agreements in a manner that diminishes the rights of members. This article explores both the incorporation and creative interpretation questions by assessing the relative merits of three different models of how social regulatory policy might be integrated into WTO decision-making: the Judicial Activist Model, the Contract Model, and the Legislative Model

The Seduction of the Appellate Body: Shrimp/Sea Turtle I and II and the Proper Role of States in WTO Governance

The Article, proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO\u27s Appellate Body ( AB ) utilized an evolutionary methodology to interpret the conservation of exhaustible natural resources exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced ( PPMs ) in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other PPM social policies, on nations at a,different level of economic development. Developing nations dependent on export markets for economic development would be forced to chose between unwanted costs that reduce their comparative advantage or the loss of market access. The Article criticizes the AB\u27s evolutionary methodology as a form of Naturalism inconsistent with the AB\u27s delegated authority, contrary to the consent-based structure of governance at the WTO and the clearly articulated views of the majority of Member nations, and incompatible with the original understanding of the Article XX(g) exception. The Article then suggests several interpretive strategies to minimize the harmful potential of unilateralism and to restore balance to global policy, negotiations

The Seduction of the Appellate Body: Shrimp/Sea Turtle I and II and the Proper Role of States in WTO Governance

The Article, proposes new interpretations of GATT Article XX to minimize the harmful effects of recent WTO jurisprudence that threaten to undermine the goals of the trading system and diminish the role of states in policymaking. In the Shrimp/Turtle cases the WTO\u27s Appellate Body ( AB ) utilized an evolutionary methodology to interpret the conservation of exhaustible natural resources exception in Article XX(g) to permit the unilateral regulation by one country of how goods are produced ( PPMs ) in other countries. Such an expansive approach to interpretation permits wealthy nations with large markets to unilaterally impose their preferred environmental policies, and presumably other PPM social policies, on nations at a,different level of economic development. Developing nations dependent on export markets for economic development would be forced to chose between unwanted costs that reduce their comparative advantage or the loss of market access. The Article criticizes the AB\u27s evolutionary methodology as a form of Naturalism inconsistent with the AB\u27s delegated authority, contrary to the consent-based structure of governance at the WTO and the clearly articulated views of the majority of Member nations, and incompatible with the original understanding of the Article XX(g) exception. The Article then suggests several interpretive strategies to minimize the harmful potential of unilateralism and to restore balance to global policy, negotiations

The Changing Process of International Law and the Role of the World Court

Two approaches have emerged in recent American literature as to the appropriate United States attitude toward the World Court: (1) the re-acceptance of compulsory jurisdiction with various reservations to preserve vital American interests; and (2) the preservation of the status quo premised on a perception that the World Court is biased or misguided, while promoting the United States government\u27s perspective on international law. This article argues that neither approach comes to terms with the wide disagreements about content and process in the international community. Both fail to promote the goals of an enhanced World Court or a better international legal order. The Court\u27s compulsory jurisdiction cannot be saved by clever draftsmanship. Well-designed reservations offer hope for today\u27s problem, but the Court\u27s process innovation and fundamental disagreements about the content of many norms promise further cracks in a legal order facing a crisis of legitimacy

The Changing Process of International Law and the Role of the World Court

Two approaches have emerged in recent American literature as to the appropriate United States attitude toward the World Court: (1) the re-acceptance of compulsory jurisdiction with various reservations to preserve vital American interests; and (2) the preservation of the status quo premised on a perception that the World Court is biased or misguided, while promoting the United States government\u27s perspective on international law. This article argues that neither approach comes to terms with the wide disagreements about content and process in the international community. Both fail to promote the goals of an enhanced World Court or a better international legal order. The Court\u27s compulsory jurisdiction cannot be saved by clever draftsmanship. Well-designed reservations offer hope for today\u27s problem, but the Court\u27s process innovation and fundamental disagreements about the content of many norms promise further cracks in a legal order facing a crisis of legitimacy

The production and migration of educational capital : some states win and others lose.

As state policymakers draw clearer connections between the college-level attainment of their residents and the corresponding economic and social benefits, there is great need for more data and information regarding the production and migration of educational capital. The purpose of this study is to address the following research questions: Which states in the U.S. are producing relatively large numbers of college graduates and which benefit (or not) from the production of other states by importing large numbers of college graduates? What are predictors of interstate migration of college graduates at the person and state levels? What are the most useful policy options for states to increase educational capital? What are the characteristics of some key state level policies already implemented in certain states in the U.S.? This study focuses primarily on the state as the unit of analysis. Coordinated and comprehensive policies aimed at increasing educational attainment are typically implemented at the state-level. It contains a comprehensive review of recent literature on the importance of educational capital, and the production and migration of educational capital. A variety of descriptive analyses are provided that gauge how well state systems of higher education produce college graduates and the degree to which states benefit (or not) from importing college graduates. It also includes the results of a Hierarchical Linear Model (HLM) that tests the effects of person and state level characteristics on interstate migration of college-educated residents. At the person level, greater likelihood of interstate migration among college-educated adults is associated with Asians and Native Americans, males, younger adults, adults without children, higher degree-levels (e.g. doctorate vs. associate), and employment in high-skill occupations. At the state level, higher rates of interstate migration are associated with states that have substantially increased employment in high-skill occupations; creating greater demand for college educated residents. Finally, the results of a focus group with seven state higher education policymakers provides a great deal of information regarding best policies and practices for the production of college graduates, and the ability of states to retain and attract educational capital

Methodology for Including Base Infrastructure in Conceptual System Analysis

The 2018 National Defense Strategy defines a transition to agile basing, where the logistics footprint of new conceptual systems can be distributed across a set of airfields, instead of one main operating base. Currently, there is no capability to assess early concepts using airfield data. This research develops a methodology and a tool that assesses system concepts using world-wide civil and military airfield infrastructure, such as runway parameters, parking, munitions, fuel and warehouse storage, and distance to areas of interest. Specifically, the focus of the thesis is on concepts for the Intelligence, Surveillance, and Reconnaissance (ISR) Strike mission. Four concepts were assessed, a Medium-Altitude Long Endurance (MALE) ISR vehicle similar to a MQ-9 Reaper, a light attack aircraft, a light attack jet, and a low-cost attritable aircraft similar to a BQM-167A aerial drone. The tool incorporates Value Focused Thinking, with the value model conditioned by selected design parameters. The system that values a set of airfields the highest would be advantageous in an adaptive basing environment. The MALE ISR platform resulted in a statistically significant difference (nearly 10%) in median value determined by the Wilcoxon signed rank test, then the other systems across a sampled set of 1,197 CONUS airfields

Clostridium difficile outbreaks: Prevention and treatment strategies

The incidence and severity of Clostridium difficile infection (CDI) have increased dramatically over the past decade. Its treatment, however, has largely remained the same with the exception of oral vancomycin use as a first-line agent in severe disease. From 1999 to 2004, 20,642 deaths were attributed to CDI in the United States, almost 7 times the rate of all other intestinal infections combined. Worldwide, several major CDI outbreaks have occurred, and many of these were associated with the NAP1 strain. This ‘epidemic’ strain has contributed to the rising incidence and mortality of CDI. The purpose of this article is to review the current management, treatment, infection control, and prevention strategies that are needed to combat this increasingly morbid disease