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Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together and are generally separated by academic enclosures and focused on different subfields within international law, thereby unfortunately restricting communication among scholars who are using different methodologies. The goal of this book is to break down some of these barriers and provide a glimpse of what an international law more focused on behavior and more engaged with these other fields might look like; this chapter aims to provide a roadmap in this effort by describing international law’s long interest in behavior and the past attempts to explore that relationship, exploring the book’s approach and laying out the contributions in each chapter, and beginning the process of bringing these insights together and outlining a series of takeaways for future study of international law as behavior.
Like domestic law, international law has experimented in recent decades with new approaches to changing legal subjects’ behavior. Realist and institutionalist scholarship in international law and relations generally assume that states will cheat on their obligations if doing so is in their interest. Below the radar, however, a variety of international regimes have begun to emerge that seek to coordinate state behavior without relying exclusively upon credible commitments, instead relying on producing information relevant to an underlying cooperative problem. This chapter takes a first cut at describing this newer mode of international cooperation, describes the relationship between epistemic and credible commitment regimes, and argues that states increasingly choose epistemic regimes over credible regimes in designing international institutions, but also that which option is truly better depends on which regime minimizes the transaction costs of coordinating state behavior.
This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.
The United States (US) has a long history of using local content requirements (LCRs) – laws, regulations, or governmental measures that condition a benefit, often financial support, on the use of a certain percentage of inputs from the local jurisdiction – to promote the development of favored domestic industries. The energy sector, as well as related infrastructure industries, have been no exception. Historically, the US has used LCRs and similar measures to promote the development of fossil fuel industries. More recent interest by policymakers in the US have spurred the use of local content rules tied to pipeline construction, as well as extensive use of LCRs to spur investment in renewable energy. Moreover, LCRs are used at every level of government in the US, from the federal to state and local governments.
This Essay argues that trade agreements may overly constrain the ability of states to regulate supply chains for critical products such as medical supplies. Free trade agreements (FTAs) may exacerbate supply chain concentration, especially through loose rules of origin. And WTO rules constrain preventative regulation of supply chain risks designed to prevent a crisis, while providing exceptions for aggressive action only in the face of a crisis. Thus, WTO members risk flouting WTO rules if they do not limit aggressive, preventative supply chain regulation.
EU–Biodiesel (Indonesia) is the latest in two lines of cases. On the one hand, the case offers yet another example of the Dispute Settlement Body striking down creative interpretations of antidumping rules by developed countries. Applying the Appellate Body's decision in EU–Biodiesel (Argentina), the panel found that the EU could not use antidumping duties to counteract the effects of Indonesia's export tax on palm oil. On the other hand, the decision is another chapter in the battle over renewable energy markets. Both the EU and Indonesia had intervened in their markets to promote the development of domestic biodiesel industries. The panel's decision prevents the EU from using antidumping duties to preserve market opportunities created by its Renewable Energy Directive for its domestic biodiesel producers. The EU has responded in two ways. First, through regulations that disfavor palm-based biodiesel, but not biodiesel made from from other foodstocks, such as rapeseed oil commonly produced in the EU. Second, the EU has imposed countervailing duties on Indonesian biodiesel, finding that Indonesia's export tax on crude palm oil constitutes a subsidy to Indonesian biodiesel producers. The EU's apparently inelastic demand for protection raises two questions: First, when domestic political bargains rest on both protectionist and non-protectionist motives and policies have both protectionist and non-protectonist effects, what are the welfare consequences of restraining only overt protectionism? Second, under what circumstances may regulatory approaches be even less desirable than duties for addressing combined protectionist and environmental interests, and would the WTO have the right powers to discipline them in an environmentally sound way?
Experiments were carried out in high Reynolds number turbulent boundary layers over rough surfaces of diverse geometries. Roughness configurations varied in element height, distribution (random versus ordered), shape and spacing. Rough surfaces comprising of two superposed element geometries were also tested. All flows were free of transitional effects with
upwards of 40 000 and
ratios above 73. The wall-pressure spectrum and turbulent velocity profiles revealed that the roughness element spacing has the greatest impact on the turbulent structures in the boundary layer. The high-frequency scaling on shear friction velocity,
, (Meyers et al.J. Fluid Mech., vol. 768, 2015, pp. 261–293) was validated and
was shown to be the viscous contribution to the overall surface drag. An empirical formula for the pressure drag on roughness elements was developed to reflect the finding that the pressure drag is a function of only two variables: sparseness ratio
and roughness Reynolds number
. Results also suggest that the viscous contribution to drag approaches a constant non-zero value at high Reynolds numbers, and ‘fully rough-wall flow’ may occur at higher
than previously thought.
Compound-specific radiocarbon (14C) dating often requires working with small samples of < 100 µg carbon (µgC). This makes the radiocarbon dates of biomarker compounds very sensitive to biases caused by extraneous carbon of unknown composition, a procedural blank, which is introduced to the samples during the steps necessary to prepare a sample for radiocarbon analysis by accelerator mass spectrometry (i.e., isolating single compounds from a heterogeneous mixture, combustion, gas purification and graphitization). Reporting accurate radiocarbon dates thus requires a correction for the procedural blank. We present our approach to assess the fraction modern carbon (F14C) and the mass of the procedural blanks introduced during the preparation procedures of lipid biomarkers (i.e. n-alkanoic acids) and lignin phenols. We isolated differently sized aliquots (6–151 µgC) of n-alkanoic acids and lignin phenols obtained from standard materials with known F14C values. Each compound class was extracted from two standard materials (one fossil, one modern) and purified using the same procedures as for natural samples of unknown F14C. There is an inverse linear relationship between the measured F14C values of the processed aliquots and their mass, which suggests constant contamination during processing of individual samples. We use Bayesian methods to fit linear regression lines between F14C and 1/mass for the fossil and modern standards. The intersection points of these lines are used to infer F14Cblank and mblank and their associated uncertainties. We estimate 4.88 ± 0.69 μgC of procedural blank with F14C of 0.714 ± 0.077 for n-alkanoic acids, and 0.90 ± 0.23 μgC of procedural blank with F14C of 0.813 ± 0.155 for lignin phenols. These F14Cblank and mblank can be used to correct AMS results of lipid and lignin samples by isotopic mass balance. This method may serve as a standardized procedure for blank assessment in small-scale radiocarbon analysis.
In January of 2010, North Carolina (NC) USA implemented state-wide Trauma Triage Destination Plans (TTDPs) to provide standardized guidelines for Emergency Medical Services (EMS) decision making. No study exists to evaluate whether triage behavior has changed for geriatric trauma patients.
The impact of the NC TTDPs was investigated on EMS triage of geriatric trauma patients meeting physiologic criteria of serious injury, primarily based on whether these patients were transported to a trauma center.
This is a retrospective cohort study of geriatric trauma patients transported by EMS from March 1, 2009 through September 30, 2009 (pre-TTDP) and March 1, 2010 through September 30, 2010 (post-TTDP) meeting the following inclusion criteria: (1) age 50 years or older; (2) transported to a hospital by NC EMS; (3) experienced an injury; and (4) meeting one or more of the NC TTDP’s physiologic criteria for trauma (n = 5,345). Data were obtained from the Prehospital Medical Information System (PreMIS). Data collected included proportions of patients transported to a trauma center categorized by specific physiologic criteria, age category, and distance from a trauma center.
The proportion of patients transported to a trauma center pre-TTDP (24.4% [95% CI 22.7%-26.1%]; n = 604) was similar to the proportion post-TTDP (24.4% [95% CI 22.9%-26.0%]; n = 700). For patients meeting specific physiologic triage criteria, the proportions of patients transported to a trauma center were also similar pre- and post-TTDP: systolic blood pressure <90 mmHg (22.5% versus 23.5%); respiratory rate <10 or >29 (23.2% versus 22.6%); and Glascow Coma Scale (GCS) score <13 (26.0% versus 26.4%). Patients aged 80 years or older were less likely to be transported to a trauma center than younger patients in both the pre- and post-TTDP periods.
State-wide implementation of a TTDP had no discernible effect on the proportion of patients 50 years and older transported to a trauma center. Under-triage remained common and became increasingly prevalent among the oldest adults. Research to understand the uptake of guidelines and protocols into EMS practice is critical to improving care for older adults in the prehospital environment.
The subglacial hydrologic system exerts strong controls on the dynamics of the overlying ice, yet the parameters that govern the evolution of this system are not widely known or observable. To gain a better understanding of these parameters, we invert a spatially averaged model of subglacial hydrology from observations of ice surface velocity and outlet stream discharge at Kennicott Glacier, Wrangell Mountains, AK, USA. To identify independent parameters, we formally non-dimensionalize the forward model. After specifying suitable prior distributions, we use a Markov-chain Monte Carlo algorithm to sample from the distribution of parameter values conditioned on the available data. This procedure gives us not only the most probable parameter values, but also a rigorous estimate of their covariance structure. We find that the opening of cavities due to sliding over basal topography and turbulent melting are of a similar magnitude during periods of large input flux, though turbulent melting also exhibits the greatest uncertainty. We also find that both the storage of water in the englacial system and the exchange of water between englacial and subglacial systems are necessary in order to explain both surface velocity observations and the relative attenuation in the amplitude of diurnal signals between input and output flux observations.