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

Small quantity production of complex chromium alloy sheet /Cr-7Mo-2Ta-0.09C-0.1Y/ Final report

Fabrication of Cr-Mo-Ta-C-Y alloy shee

Observation of Neutrons with a Gadolinium Doped Water Cerenkov Detector

Spontaneous and induced fission in Special Nuclear Material (SNM) such as 235U and 239Pu results in the emission of neutrons and high energy gamma-rays. The multiplicities of and time correlations between these particles are both powerful indicators of the presence of fissile material. Detectors sensitive to these signatures are consequently useful for nuclear material monitoring, search, and characterization. In this article, we demonstrate sensitivity to both high energy gamma-rays and neutrons with a water Cerenkov based detector. Electrons in the detector medium, scattered by gamma-ray interactions, are detected by their Cerenkov light emission. Sensitivity to neutrons is enhanced by the addition of a gadolinium compound to the water in low concentrations. Cerenkov light is similarly produced by an 8 MeV gamma-ray cascade following neutron capture on the gadolinium. The large solid angle coverage and high intrinsic efficiency of this detection approach can provide robust and low cost neutron and gamma-ray detection with a single device.Comment: 7 pages, 4 figures. Submitted to Nuclear Instruments and Methods,

Understanding and resolving the global problematique: Assessing the balance between progressive and socially conservative foresight

Purpose - This paper draws on research undertaken for the State of Play in the Futures Field (SoPiFF) project and aims to explore the contribution of futures work to understanding and resolving aspects of the global problematique and to examine the social interests evident in futures work. Design/methodology/approach - The project used an integral meta-scanning framework to review publicly available futures material. The framework categorizes futures work according to organizational type, social interests, methods, domains and geographic location (details of the methodology are outlined in the accompanying introductory paper as well as on the web site created for the project). Findings - The futures field has made a series of significant contributions to understanding the global problematique and has contributed to the pre-conditions for its resolution. However, the bulk of mainstream futures work does little to improve the preparedness of humanity for looming future crises. More innovative futures work remains marginalized and largely ignored by the powerful and the wider public. There is a strong case for more effective political engagement than has occurred hitherto. Research limitations/implications - Further research is needed on shared definitions for the field, interactions with the media, public and other fields of enquiry and action, measurement of individual foresight capacity, strategies for achieving influence - particularly in the political sphere, the role of subcultures within the futures field and suitable publishing strategies. Practical implications - The paper recommends specific actions to promote and publicize good work, provide annual digests of futures-related information, develop and use focused briefings, provide support for "cutting-edge" futures work, further develop advanced futures methods, create new alliances, build the social capacity for foresight and strengthen the nexus between foresight and philanthropy. Originality/value - The paper uses an integral meta-scanning framework to provide a novel analysis of the futures field. The findings will be of value to all futures and foresight practitioners that are interested in the future success of the field. © Richard A. Slaughter

Design, Development, and Testing of an Automated Window Sliade Controller

An approach to the design of active window shades is developed to control the direct solar gain through a window. Using simple actuation hardware and sensors, a control strategy is presented that automatically adjusts window shades to save HVAC energy by controlling direct solar radiation passing through a window. The control algorithm is based on a simple approach that admits direct light in the winter and blocks the direct light in the summer, while providing shade adjustment that affords maximum visibility through the window. Cloudy skies or indirect sun result in horizontal placement of the shades, and the shades close at night. The implementation uses two thin-film photovoltaic cells as sensors and a control algorithm that is independent of the window orientation, latitude, or solar time, so that it operates properly in any installation location. Preliminary analytic and test results show significant energy savings when the automatic window shades are compared with a window without shades, and with a window outfitted with fixed horizontal shades