Why States Create International Tribunals: A Response to Professors Posner and Yoo

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the interests of other states to influence their judgments. In this response, we identify the many shortcomings in the theory, methodology, and empirics in Judicial Independence in International Tribunals. We do so to challenge the authors\u27 core conjecture: that formally dependent international tribunals are correlated with effective judicial outcomes. We then offer our own counter-theory; a theory of constrained independence in which states establish independent international tribunals to enhance the credibility of their commitments and then use more fine grained structural, political, and discursive mechanisms to limit the potential for judicial excesses

Toward a Theory of Effective Supranational Adjudication

Supranational adjudication in Europe is a remarkable and surprising success. Europe\u27s two supranational courts -- the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR) -- issue dozens of judgments each year with which defending national governments habitually comply in essentially the same manner as they would with domestic court rulings. These experiences stand in striking contrast to those of many international tribunals past and present. Can the European experience of supranational adjudication be transplanted beyond Europe? Professors Helfer and Slaughter argue that the effectiveness of the ECJ and the ECHR is linked to their power to hear claims brought by private parties directly against national governments or against other private parties. Such supranational jurisdiction has allowed the European courts to penetrate the surface of the state, to forge direct relationships not only with individual citizens but also with distinct government institutions such as national courts. Over time, this penetration and the deepening relationships between supranational jurists and domestic legal actors have led to the evolution of a community of law, a web of nominally apolitical relations among subnational and supranational legal actors. The simple provision of supranational jurisdiction, however, is not a guarantee of effective adjudication. Drawing on the observations of scholars, practitioners, and judges, Professors Helfer and Slaughter develop a checklist of factors that enhance the effectiveness of supranational adjudication. They distinguish among those factors that are within the control of member states; those that are within the control of the judges themselves; and those that may be beyond the control of either states or judges. Isolating the factors in this way provides both a rough metric for evaluating the effectiveness of other supranational tribunals and a potential set of prescriptions for judges on those tribunals seeking to enhance their institutions\u27 effectiveness. After developing the checklist, Professors Helfer and Slaughter use it to analyze the United Nations Human Rights Committee (UNHRC). Although the UNHRC was established expressly as a committee of experts rather than a court, analysis of its recent practice reveals that it is becoming increasingly court-like. Moreover, within the constraints imposed by severely limited resources, UNHRC members are independently following many of the checklist prescriptions for increased effectiveness. The next step is for the organization to enter into a sustained dialogue with its European counterparts, harmonizing its decisions with theirs in some areas while consciously preserving its own distinctive jurisprudence in others. Structured and regular interaction between these tribunals would add additional voices to an emerging transjudicial conversation, potentially laying the foundation for a global community of law

Why States Create International Tribunals: A Response to Professors Posner and Yoo

A recent article in the California Law Review by Professors Eric Posner and John Yoo, Judicial Independence in International Tribunals, argues that the only effective international tribunals are dependent tribunals, by which the authors mean ad hoc tribunals staffed by judges closely controlled by governments through the power of reappointment or threats of retaliation. Independent tribunals, by contrast, meaning tribunals staffed by judges appointed on similar terms as those in domestic courts, pose a danger to international cooperation. According to Posner and Yoo, independent tribunals are suspect because they are more likely to allow moral ideals, ideological imperatives or the interests of other states to influence their judgments. In this response, we identify the many shortcomings in the theory, methodology, and empirics in Judicial Independence in International Tribunals. We do so to challenge the authors\u27 core conjecture: that formally dependent international tribunals are correlated with effective judicial outcomes. We then offer our own counter-theory; a theory of constrained independence in which states establish independent international tribunals to enhance the credibility of their commitments and then use more fine grained structural, political, and discursive mechanisms to limit the potential for judicial excesses

How to invent a new business model based on crowdsourcing : the Crowdspirit ® case

Chesbrough's work on open innovation provides a theoretical framework to understand how firms can access external knowledge in order to support their R&D processes. The author defines open innovation as a paradigm that assumes that firms can and should use both external and internal ideas and internal and external paths to market. He considers that industrial R&D is undergoing a paradigm shift from the closed to the open model. Information and communication technologies and especially web 2.0 technologies accelerate this shift in so far they provide access to collective and distributed intelligence disseminated in the “crowd”. This phenomenon named “crowdsourcing” is defined by Jeff Howe as “the act of a company or institution taking a function once performed by employees and outsourcing it to an undefined - and generally large – network of people in the form of an open call.” Though this approach may sound appealing to firms and R&D organizations, there is little research available about the strategic use of crowdsourcing for innovation processes. In this paper we develop the argument that crowdsourcing raises a certain number of strategic issues that we discuss on the basis of a real size crowdsourcing experiment. We were associated in the project from the very outset up to the strategic analysis of the company. Our data is made up of the minutes of three strategic workshops with the managers that we completed step by step by additional theoretical study and some benchmarking of crowdsourcing experiments on the web. Although we started this collaboration with no other objectives than to help this company to design its optimal business model, this action research process has led us to address the following research questions: how can a firm create and capture value by means of a strategy based on crowdsourcing? What are the main strategic issues to be considered when a firm intends to open its innovation process through crowdsourcing? Due to the action research approach used, we do not dissociate the theoretical part from the empirical data, but rather to present our research process step by step. We therefore successively present the three main phases of the strategic analysis carried out with the Crowdspirit team: (1) elaboration of Crowdspirit business model; (2) value creation process related to profiles of crowdspirit community of contributors (3)Theoretical framework on business models based on crowdsourcing. In the conclusion we summarize the main strategic issues that emerged during this work on Crowdspirit's strategy with its managers, and interpret them on the basis of existing literature on open innovation. This leads us to complete Chesbrough's open innovation approach and Nambissan and Sawney network-centric innovation model by introducing new options for companies whose strategy is based on crowdsourcing.Open innovation, crowdsourcing, business models

How to explore new business models for technological innovations

Technological innovation projects must be accompanied by upstream strategic analysis on the related value creation model. It can be shown that generally successful technological innovations have also involved business model innovation. Exploration of new business models is however particularly difficult where there is a rupture in technology due to a lack of vision of the markets and applications to target. This article proposes a scenario-based method for exploring business models for technological innovation. The method includes overview questions on the businessmodels completed by specific questions relating the developed technology. This is followed by the definition of business model scenarios based on use scenarios in various application areas of the technology considered. The development of scenarios involves the creation of contrasting butcoherent business models and varying the elements of the retained business models (types of client, value proposition, economical logic, organisation of the value network, technological and marketing criteria specific to the technology). The method was developed to accompany a radical technological innovation in the telecommunications sector, as part of a European project. The article presents the technology under development and the way in which the authors defined the business model questionnaire and how they developed the various scenarios from uses of the technology. The approach opens both theoretical and managerial perspectives: it allows the notion of business model to be made operational by linking it to the technological innovation on one hand and its use on the other. The method should then be extended, by creating storyboards from strategic scenarios, in order to enable the project stakeholders to evaluate them.technological innovation, business model, method, scenarios

How to invent a new business model based on crowdsourcing: the Crowdspirit ® case

Chesbrough's work on open innovation provides a theoretical framework to understand how firms can access external knowledge in order to support their R&D processes. The author defines open innovation as a paradigm that assumes that firms can and should use both external and internal ideas and internal and external paths to market. He considers that industrial R&D is undergoing a paradigm shift from the closed to the open model. Information and communication technologies and especially web 2.0 technologies accelerate this shift in so far they provide access to collective and distributed intelligence disseminated in the “crowd”. This phenomenon named “crowdsourcing” is defined by Jeff Howe as “the act of a company or institution taking a function once performed by employees and outsourcing it to an undefined - and generally large - network of people in the form of an open call.”Though this approach may sound appealing to firms and R&D organizations, there is little research available about the strategic use of crowdsourcing for innovation processes. In this paper we develop the argument that crowdsourcing raises a certain number of strategic issues that we discuss on the basis of a real size crowdsourcing experiment. We were associated in the project from the very outset up to the strategic analysis of a start-up: Crowdspirit. The company's concept is based on the outsourcing of the entire R&D process to a community of designers and users, in the domain of consumer electronics. Our data is made up of the minutes of three strategic workshops with the managers that we completed step by step by additional theoretical study and some benchmarking of crowdsourcing experiments on the web. Although we started this collaboration mainly to help the company design its optimal business model, this action research process has led us to address the following research questions: how can a firm create and capture value by means of a strategy based on crowdsourcing? What are the main strategic issues to be considered when a firm intends to open its innovation process through crowdsourcing? Due to the action research approach used, we do not dissociate the theoretical part from the empirical data, but rather to present our research process step by step. We therefore successively present four main phases of the strategic analysis carried out with the Crowdspirit team: (1) The emergence of the Crowdspirit business model; (2) The value creation process related to profiles of crowdspirit community of contributors (3) The challenging of the company's initial business model and (4) The creation of a new business model successively open and closed models. In the discussion we summarize the main strategic issues that emerged during the work on Crowdspirit's strategy with its managers, and interpret them on the basis of existing literature on open innovation. This leads us to complete Chesbrough's open innovation approach and Nambissan and Sawney network-centric innovation model by introducing new options for companies whose strategy is based on crowdsourcing.Open innovation, crowdsourcing, business models

Piecewise Extended Chebyshev Spaces: a numerical test for design

Given a number of Extended Chebyshev (EC) spaces on adjacent intervals, all of the same dimension, we join them via convenient connection matrices without increasing the dimension. The global space is called a Piecewise Extended Chebyshev (PEC) Space. In such a space one can count the total number of zeroes of any non-zero element, exactly as in each EC-section-space. When this number is bounded above in the global space the same way as in its section-spaces, we say that it is an Extended Chebyshev Piecewise (ECP) space. A thorough study of ECP-spaces has been developed in the last two decades in relation to blossoms, with a view to design. In particular, extending a classical procedure for EC-spaces, ECP-spaces were recently proved to all be obtained by means of piecewise generalised derivatives. This yields an interesting constructive characterisation of ECP-spaces. Unfortunately, except for low dimensions and for very few adjacent intervals, this characterisation proved to be rather difficult to handle in practice. To try to overcome this difficulty, in the present article we show how to reinterpret the constructive characterisation as a theoretical procedure to determine whether or not a given PEC-space is an ECP-space. This procedure is then translated into a numerical test, whose usefulness is illustrated by relevant examples

Amino acids: inhibitors or promoters of anaerobic biocorrosion of steels?

Various authors have shown that some amino acids can act as corrosion inhibitors, which has generated an increasing interest in these compounds as substitutes to conventional corrosion inhibitors that are usually toxic [1,2]. Nevertheless, in the field of biocorrosion amino acids have been demonstrated to be able to enhance the corrosion process. Their role in biocorrosion is considered to be of two types: an acidifying role at the vicinity of the metal, or a chelating role that binds the metal ions issued from the corrosion process and can result in the formation of ion concentration cells, causing further corrosion on the metal surface [3,4]. The present study proposed another possible role of amino acids in anaerobic biocorrosion of steels. Voltammetric and potentiometric experiments were carried out with 316L stainless steel in solutions containing leucine or lysine at different concentrations and pH. The results demonstrated that the cathodic reaction was enhanced by the presence of amino acids, certainly because of the reduction of the hydrogen atoms linked to the amine or carboxylic acid groups. A so-called deprotonation mechanism, which produces molecular hydrogen, has already been demonstrated with phosphate ions and weak acids [5,6]. It introduces a new reversible cathodic reaction that may enhance the corrosion process, particularly when a downstream reaction of hydrogen consumption occurs

Fractal dimension versus density of the built-up surfaces in the periphery of Brussels.

This paper aims at showing the usefulness of the fractal dimension for characterizing the spatial structure of the built-up surfaces within the periurban fringe. We first discuss our methodology and expectations in terms of operationality of the fractal dimension theoretically and geometrically. An empirical analysis is then performed on the southern periphery of Brussels (Brabant Wallon). The empirical analysis is divided into two parts: first, the effect of the size and shape of the windows on the fractal measures is empirically evaluated; this leads to a methodological discussion about the importance of the scale of analysis as well as the real sense of fractality. Second, we show empirically how far fractal dimension and density can look alike, but are also totally different. The relationship between density and fractality of built-up areas is discussed empirically and theoretically. Results are interpreted in an urban sprawl context as well as in a polycentric development of the peripheries. These analyses confirm the usefulness but also the limits of the fractal approach in order to describe the built-up morphology. Fractal analysis is a promising tool for describing the morphology of the city and for simulating its genesis and planning. Keywords: Fractals – dimension – periurbanisation – Brussels Note to the ERSA2004 referees: This is the state of our paper on April 30th 2004. It is not finished nor checked by an English native but results seem quite promising. Please take contact with the corresponding author for the latest version of the paper at the moment of the refereeing process or at the moment of editing the proceedings, if necessary. We thank you for your comments and questions.