Customary International Law: An Instrument Choice Perspective

Contemporary international lawmaking is characterized by a rapid growth of “soft law” instruments. Interdisciplinary studies have followed suit, purporting to frame the key question states face as a choice between soft and “hard” law. But this literature focuses on only one form of hard law—treaties—and cooperation through formal institutions. Customary international law (CIL) is barely mentioned. Other scholars dismiss CIL as increasingly irrelevant or even obsolete. Entirely missing from these debates is any consideration of whether and when states might prefer custom over treaties or soft law

Designing Non-National Systems: The Case of the Uniform Domain Name Dispute Resolution Policy

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by some as the model for a new non-national approach to lawmaking and dispute settlement applicable to a broader set of legal issues that transcend national borders. In this article, we describe the conditions that led to the UDRP\u27s formation and consider whether the UDRP can and should be replicated elsewhere. The process by which the UDRP was created, and the way in which it is structured, departs significantly from preexisting approaches to international lawmaking and dispute settlement. The UDRP is the product not of national legislation nor an international treaty, but rather of a web of contractual obligations imposed by a private, non-profit corporation with a monopoly over a valuable resource. Through its agreements with the U.S. Department of Commerce, ICANN serves as the gatekeeper for anyone seeking to acquire the most commercially valuable internet addresses. Exclusive control of access to the root server enables ICANN to dictate the terms and conditions for domain name ownership. This technological control also facilitates enforcement of UDRP panel decisions compelling domain name registrars to cancel ownership of contested domain names or transfer them from registrants to trademark owners. The UDRP deviates from preexisting lawmaking and dispute settlement paradigms in other ways that make its advantages considerable (and which may make it attractive for replication). For example, the UDRP is a hybrid dispute settlement system. It contains an amalgam of elements from three distinct decision making paradigms - judicial, arbitral and ministerial - and it draws inspiration from international, supranational, and national legal systems. The UDRP thus reveals how dispute settlement structures can be tailored to the needs of new technologies and new types of legal conflicts. The UDRP is also non-national. Neither its substantive content nor its prescriptive force necessarily depends upon the laws, institutions, and enforcement mechanisms of any single nation-state or treaty regime. It thus suggests ways to bypass the often slow and cumbersome mechanisms of national and international lawmaking and to fulfil the demand for effective dispute settlement mechanisms that, like so much current social activity, transcend national borders. Even assuming the UDRP can be applied to other situations where the conditions of monopolistic technological control do not subsist, however, we do not believe that it should be uncritically extended to other contexts without first questioning how non-national systems ought to be structured. In particular, while we applaud the effort to construct a non-national model that draws upon but is not constrained by existing paradigms, the current iteration of that model fails to incorporate appropriate checking mechanisms to control the scope and pace of lawmaking and the limited powers granted to dispute settlement decisionmakers. Moreover, the tensions between national and non-national values may be more difficult to reconcile in other settings; cybersquatting, in contrast, was universally condemned, and thus competing national values were less frequently implicated. We seek to identify these and other variables that should guide the authors of new checking mechanisms for new non-national structures

Probing neutrino masses with CMB lensing extraction

We evaluate the ability of future cosmic microwave background (CMB) experiments to measure the power spectrum of large scale structure using quadratic estimators of the weak lensing deflection field. We calculate the sensitivity of upcoming CMB experiments such as BICEP, QUaD, BRAIN, ClOVER and PLANCK to the non-zero total neutrino mass M_nu indicated by current neutrino oscillation data. We find that these experiments greatly benefit from lensing extraction techniques, improving their one-sigma sensitivity to M_nu by a factor of order four. The combination of data from PLANCK and the SAMPAN mini-satellite project would lead to sigma(M_nu) = 0.1 eV, while a value as small as sigma(M_nu) = 0.035 eV is within the reach of a space mission based on bolometers with a passively cooled 3-4 m aperture telescope, representative of the most ambitious projects currently under investigation. We show that our results are robust not only considering possible difficulties in subtracting astrophysical foregrounds from the primary CMB signal but also when the minimal cosmological model (Lambda Mixed Dark Matter) is generalized in order to include a possible scalar tilt running, a constant equation of state parameter for the dark energy and/or extra relativistic degrees of freedom.Comment: 13 pages, 4 figures. One new figure and references added. Version accepted for publicatio

M.I.T./Canadian Vestibular Experiments on the Spacelab-1 Mission. Part 1: Sensory Adaptation to Weightlessness and Readaptation to One-G: An Overview

Experiments on human spatial orientation were conducted on four crewmembers of Space Shuttle Spacelab Mission 1. The conceptual background of the project, the relationship among the experiments, and their relevance to a 'sensory reinterpretation hypothesis' are presented. Detailed experiment procedures and results are presented in the accompanying papers in this series. The overall findings are discussed as they pertain to the following aspects of hypothesized sensory reinterpretation in weightlessness: (1) utricular otolith afferent signals are reinterpreted as indicating head translation rather than tilt, (2) sensitivity of reflex responses to footward acceleration is reduced, and (3) increased weighting is given to visual and tactile cues in orientation perception and posture control. Results suggest increased weighting of visual cues and reduced weighting of graviceptor signals in weightlessness

Theoretical study of a cold atom beam splitter

A theoretical model is presented for the study of the dynamics of a cold atomic cloud falling in the gravity field in the presence of two crossing dipole guides. The cloud is split between the two branches of this laser guide, and we compare experimental measurements of the splitting efficiency with semiclassical simulations. We then explore the possibilities of optimization of this beam splitter. Our numerical study also gives access to detailed information, such as the atom temperature after the splitting

The Economics of Religion: A Survey of Recent Work

This essay is designed to familiarize readers with the economics of religion, make its literature more accessible, and encourage further contributions to that literature. The essay begins with work on the religious behavior of individuals and households, proceeds to analysis of religious groups and institutions, and concludes with work on religious markets.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/57307/1/Hull B - 1991 - Religion Survey - ACE.pd