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Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, war crimes trials will not take place? Tags: Bosnia, War Crimes Tribunal (former Yugoslavia), War Criminals [pg500]** Peace negotiations, amid continued hostilities, are in progress in former Yugoslavia at the time of this writing. Hovering over the negotiations is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia, including rape [FN1] and "ethnic cleansing." The United Nations rapporteur for the establishment of the Yugoslav war crimes tribunal, M. Cherif Bassiouni, has articulated on numerous occasions the international community's determination to prosecute war criminals on all sides of the three-cornered war in Bosnia. However, some of the Serbian, Muslim and Croatian political and military leaders who are potential targets of the tribunal are participating in the peace negotiations. Is it realistic to expect them to agree to a peace settlement in Bosnia if, directly following the agreement, they may find themselves in the dock? If they, or their close associates and friends, face potential life imprisonment by simply signing a peace treaty, what incentive do they have to sign it? Sometimes international scholars have to proceed by inferring negotiations in the absence of an evidentiary record. How are we to know whether some United Nations officials, in their numerous and usually unrecorded meetings with Serbian, Muslim and Croatian leaders, may have privately acknowledged that it is unrealistic to expect a peace treaty in light of subsequent prosecutions for war crimes? Is it not at least conceivable that, in return for securing a peace treaty, the UN officials may have extended some form of assurance to the leaders in former Yugoslavia that, one way or another, the war crimes trials will not take place? If such assurances are being proffered in the Bosnian negotiations, they would of necessity have to be highly secret. World public opinion might not tolerate the idea of war criminals' being able to bargain their way out of prosecution for their crimes. Further complicating the issue is the fact that the United Nations officials engaged in the negotiations for peace in former Yugoslavia do not themselves have the authority to waive the right of the United Nations to prosecute war criminals. That right seems firmly established in the Security Council under chapter VII of the UN Charter.[FN2] Only the Council itself could trade its right to prosecute war criminals in former Yugoslavia in return for a final peace settlement in that troubled region. But even at the level of the Security Council, any such deal would probably have to be hidden under a veil of diplomatic secrecy, since the deal would presumably be severely criticized in the world

In this paper we investigate the robustness of an extended version of retrospective cost adaptive control (RCAC), in which less modeling information is required than in prior versions of this method. RCAC is applicable to MIMO possibly nonminimum-phase (NMP) plants without the need to know the locations of the NMP zeros. The only required modeling information is an FIR approximation of the plant, which may be based on a limited number of Markov parameters. In this paper we investigate the effect of phase mismatch between the true plant and the FIR approximation. Numerical examples demonstrate the relationship between phase mismatch at the command and disturbance frequencies as well as the required level of regularization in the controller update.

We develop a multi-input, multi-output direct adaptive controller for discrete-time, possibly nonminimum-phase, systems with unknown nonminimum-phase zeros. The adaptive controller requires limited modeling information about the system, specifically, Markov parameters from the control input to the performance variables. Often, only a single Markov parameter is required, even in the nonminimum-phase case. We analysis the stability of the algorithm using a time-and-frequency-domain approach. We demonstrate the algorithm on disturbance-rejection problems, where the disturbance spectra are unknown. This controller is based on a retrospective performance objective, where the controller is updated using either batch or recursive least squares.

We consider the problem of data-based model refinement, where we assume the availability of an initial model, which may incorporate both physical laws and empirical observations. With this initial model as a starting point, our goal is to use additional measurements to refine the model. In particular, components of the model that are poorly modeled can be updated, thereby resulting in a higher fidelity model. We consider two special cases, namely, system emulation and subsystem identification. In the former case, the main system is assumed to be uncertain and we seek an estimate of the unknown subsystem that allows the overall model to approximate the true system. In this case, there is no expectation that the constructed subsystem model approximates the unknown subsystem. In the latter case, we assume that the main system is accurately modeled and we seek an estimate of the unknown subsystem that approximates the unknown subsystem.

Non-dystrophic myotonia (NDM) is caused by mutations in muscle chloride and sodium channels. Currently, there is no standardized instrument for documenting symptom frequency and severity in NDM.Subjects used an automated, interactive, telephone-based voice response diary (IVR) to record frequency and severity of stiffness, weakness, pain, and tiredness once a week for 8 weeks, after their baseline visits.We describe the IVR and report data on 76 subjects for a total of 385 person-weeks. Overall there were 5.1 calls per subject. Forty-eight subjects called in 5 or more times, and 14 called in 8 times. Stiffness was both the most frequent and severe symptom. Warm-up and handgrip myotonia were associated with higher severity scores for stiffness.IVR is a convenient technology to allow patient reporting of repeated and real-time symptom frequency and severity, and it is presently being used in a trial of mexiletine in NDM.

We develop a multi-input, multi-output direct adaptive controller for discrete-time, possibly nonminimum-phase, systems with unknown nonminimum-phase zeros. The adaptive controller requires limited modeling information about the system, specifically, Markov parameters from the control input to the performance variables. Often, only a single Markov parameter is required, even in the nonminimum-phase case. We demonstrate the algorithm on command-following and disturbance-rejection problems, where the command and disturbance spectra are unknown. This controller is based on a retrospective performance objective, where the controller is updated using either batch or recursive least squares.

We develop a method for obtaining state estimates for a possibly nonminimum-phase system in the presence of an unknown harmonic input. We construct a state estimator based on the system model, and then introduce an estimator input provided by an adaptive feedback model whose goal is to drive the estimated output to the measured output despite the presence of the unknown harmonic input. Using input reconstruction based on a retrospective surrogate cost, we reconstruct the unknown harmonic input. Using the reconstructed input we update the parameters of the adaptive model using recursive least squares identification. We then extend the method to nonlinear systems. The performance of this method is compared with the Kalman filter for linear examples, as well as with the extended and unscented Kalman filters for nonlinear examples.

We develop a method for identifying SISO Hammerstein systems with an unknown static nonlinearity, linear dynamics, white input noise and colored output noise. We use least squares with a μ-Markov model to estimate the Markov parameters of the linear time-invariant dynamical system. Since the input to the linear system is not available, we use a substitute (ersatz) nonlinearity to transform the input for use in the regressor matrix. We prove that the Markov parameters of the system can be estimated consistently up to a constant scalar as the amount of data increases. This method is demonstrated with several numerical examples.

There is something out of the ordinary about this prodigiously energetic historian and French patriot who taunts Paris, where he lives and works, with the cry, "Paris will save nothing." At the core of Thuillier's great passion is the province of the Nivernais, his commitment to regional and local history, and his desire to take history back from the nation's professional historians. Although Thuillier is no separatist, he finds in the provinces the richness of France, a key to understanding the modern world and its dramatic transformation of societies and cultures, and a subject capable of leading historians to the writing of a less ideological and faddish history. A conversation with Thuillier is marked by loquacity, energy, and imagination. Moment by moment he stands history on its head with a succession of new subjects and approaches to the past, while hesitating occasionally only to persist, "After all, monsieur, you must understand, I am not really a university historian. I am only an amateur historian who works as un petit forlctiorlnaire.'' This humble functionary is anything but that. Born in 1932 in Vaucouleurs, in Jean d'Arc's Lorraine, he is a graduate of Institut d'e'tudes politiques de Paris, Ecole pratique des Hautes Etudes, and Ecole nationale d'administration. An ofhvier de l'ordre national du Merite, he serves as a conseiller mal^tre in France's national accounting office the Cour des comptes, where he began his career in 1961. Explaining in large part Thuillier's remarkable capacity to point out and assimilate whole uncharted domains of history, his career has led him from the auditing of French prefecture in Saida, Algeria, to serving as an auditor, technical advisor and public auditor to the national offices of election, labor, education, public health, social security, the National Assembly, and the Cour itself. While pursuing a successful administrative career, Thuillier has served as Director of Studies at Ecole pratique des Hautes Etudes (IVe section) and, incredibly, has written 35 books and approximately 300 articles on French history, politics, and administration. His books, which only partially indicate the diversity of his interests and writing, range from the history of administrative training, bureaucracy, fiscal policy and money itself; the history of shipping, drugs, health, work, and women in administration; and the history of everyday life, local and re

We present a two-step method for identifying SISO Hammerstein systems. First, using a persistent input with retrospective cost optimization, we estimate a parametric model of the linear system. Next, we pass a single harmonic signal through the system. We use l-delay input reconstruction with the parametric model of the linear system to estimate the inaccessible intermediate signal. Using the estimate of the intermediate signal we estimate a nonparametric model of the static nonlinearity, which is assumed to be only piecewise continuous. This method is demonstrated on several numerical and experimental examples of increasing complexity.

Data-based model refinement improves the fidelity of a model based on empirical observations. The model refinement structure is a closed-loop system consisting of an initial model, which is assumed to be known, and a feedback correction, which is unknown. We take advantage of the similarity between the feedback structure of model refinement and adaptive feedback control by replacing the unknown correction term with a retrospectivecost-based adaptive control law. The adaptive control law thus estimates the unknown subsystem. We investigate scenarios in which the initial model is derived from physical principles, such as mass-spring-damper systems, in order to obtain estimates of stiffness and damping coefficients. Furthermore, we identify dynamic subsystems for a linear initial model and a nonlinear initial model.

A cumulative retrospective cost adaptive control algorithm is augmented to a gain-scheduled three loop autopilot to assess performance in a nonlinear three-degree-of-freedom missile model. The cumulative retrospective cost adaptive controller requires minimal model information; specifically estimates of the relative degree, 1st nonzero Markov parameter, and nonminimum phase zeros of the linearized missile model. A rate gyro sensor failure is applied to the model and the performance of the control techniques is investigated through an analysis of air-to-air intercept scenarios. The results indicate that an adaptive controller can, to some degree, improve the missile’s ability to engage a target when such a failure occurs. Nomenclature m Missile mass Iyy Missile Inertia g Acceleration due to gravity X;Z Inertial position in the X-Z plane U Inertial velocity component along the body frame x-axis of the center of gravity (CG) W Inertial velocity component along the body frame z-axis of the CG Vm Magnitude of missile velocity M Mach number Az;P Acceleration component along body frame z-axis at pointP along the body x-axis Angle of attack Pitch angle q Body rate Air density Sref Reference area dref Reference length Cx Aerodynamic force coefficient along the body frame x-axis Cz Aerodynamic force coefficient along the body frame z-axis Cm Aerodynamic moment coefficient along the body y-axis at the CG q Dynamic pressure p Tail fin angle T Thrust along body frame x-axis

We present a two-step method for identifying SISO Wiener systems. First, using a single harmonic input, we estimate a nonparametric model of the static nonlinearity, which is assumed to be only piecewise continuous. Second, using the identified nonparametric map, we use retrospective cost optimization to identify a parametric model of the linear dynamic system. This method is demonstrated on several examples of increasing complexity.

Model refinement is directly applicable to health monitoring, where the goal is to determine changes in a system that may reflect damage. As data become available, an initial model for the undamaged system is updated; the updated model is then compared with the original model, and changes in the model are analyzed to deduce potential damage. Our goal is to use data to recursively refine a model that is physically representative of a structure. Specifically, we refine an initial model by first estimating the internal state of the physical system using an adaptive feedback control structure, and then using these state estimates we apply the same control structure to identify parameter updates to correct the initial model. In the case of a physically motivated model, updating these parameters allows system changes, such as damage to a system, to be localized. We demonstrate the method on several numerical and experimental problems.

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Machiavelli leaves one with both an optimistic and a pessimistic prognostication for the post-Cold War world. On the one hand, the end of that conflict has opened the way for the spread of liberal, constitutional regimes, which he would say are inclined to be more and more meticulous in honoring their commitments. On the other, the temptation to use force to create new facts and thereby force international law into new paths will remain as long as politics is practiced. The contemporary relevance of Machiavelli may be seen in that he urged both realities upon us. I focus on a single incident that postdated the end of the Cold War—the show of force by the People's Republic of China (PRC) in the Taiwan Strait in March 1996.

The question for us international lawyers is how, and how much of, public sentiment for human rights has been transformed into binding international law.

In this paper we develop a nonlinear observer to estimate the concentration of reactants in a kinetic network when kinetic rate constants are unknown. When kinetic rate constants are unknown a steady-state error is present in the observer states. We thus develop an augmented observer that accounts for this steady-state error. We demonstrate this technique on numerical examples of increasing complexity, starting with a nominal case and then off-nominal cases, where input and output noise corrupt the available measurements, and finally when a kinetic rate constant evolves periodically over time with unknown dynamics.

The Air Force Research Laboratory Space Vehicles Directorate previously developed a novel composite boom that enables simplified on-orbit deployment for a class of space structures. These composite members are self deploying, reducing the need for hinge and complex motor mechanisms and resulting in decreased weight and structural complexity. Due to its unique capabilities, NASA chose to incorporate this boom architecture into their Nano-Sail D experiment. This composite boom technology was also chosen as the candidate for an investigation into structural health monitoring (SHM) for space structures. Generally, health monitoring has been used on civil and aeroelastic structures for maintenance applications. It is proposed that SHM concepts can be used on space structures to determine health and indirectly predict changes in structural dynamics, which may be crucial for high precision pointing, maneuvering, and life-prediction applications. To begin investigating this topic, a testbed, capable of cyclically damaging the composite booms with a high degree of repeatability, is constructed. As the composite booms are progressively damaged, a series of dynamic interrogations are used to assess the boom. The goal of this research is to correlate SHM features with dynamic properties, leading to an ability to determine a component’s dynamic characteristics purely from SHM data. Using data gathered for SHM testing, the concept of adaptively updating structural models is demonstrated.

In this paper we use a retrospective correction filter (RCF) to identify MIMO LTI systems. This method uses an adaptive controller in feedback with an initial model. The goal is to adapt the closed-loop response of the system to match the response of an unknown plant to a known input. We demonstrate this method on numerical examples of increasing complexity where the initial model is taken to be a one-step delay. Minimum-phase and nonminimum-phase SISO and MIMO examples are considered. The identification signals used include zero-mean Gaussian white noise as well as sums of sinusoids. Finally, we examine the robustness of this method by identifying these systems in the presence of actuator noise.

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).

In this paper we recursively estimate the magnetic and electric potential of the Earth?s Arctic region. We construct estimates based on data gathered from over 85 magnetometer sources and several radar sites dispersed around the North Pole. The approach to estimating the Arctic polar cap electric potential is through data assimilation based on linear and nonlinear Kalman filters. We demonstrate that the magnetic and electric potential over the Arctic region can be approximately reconstructed from sparse, nonuniform magnetometer and radar data sources.

In the draft paper I prepared before coming to grand old Heidelberg to participate in this conference, I began by taking the position that the word “legitimate” was hopelessly ambiguous. It seemed to be trying to occupy a space between “lawful” and “unlawful”, yet that space is hard to measure or even imagine. Of course the ambiguity can be removed by eliminating the space — by stipulating that “lawful” and “legitimate” are synonymous. Black’s Law Dictionary tells us simply that “legitimate” is that which is “lawful, legal, recognized by law, or according to law.” Simple, but not helpful.

Anthony D'Amato argues that hedge fund wizards will engage in a race to the bottom, accepting ever higher chances of going bust to pursue short run returns both to maximize their percentage take in good years and to attract more investment.

What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law that was inherently limited to the needs of society and had no power beyond the outer edge of a person's zone of privacy.

Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: a meteorologist predicts tomorrow's weather the way an attorney predicts a future decision by a judge. But Holmes said that what a judge decides in the future is inconsequential; a person (such as a bad man) must plan his affairs on the basis of present law. Present law is nothing other than the prediction itself. It is like quantum theory: what we see is not solid matter but rather the probability of solid matter. The law that influences our behavior is itself only a probability. In consequence, the legal realists' focus on the judge is misplaced; the focus should be on the attorney.

A rule of law is a norm coupled with coercive power. International soft law is only the norm. There is a vast number of such non-coercive norms, and many recent papers have been preoccupied with their apparent normative tilt toward respect for human rights and democracy. In criticizing the entire soft-law enterprise, I feel like the Grinch who stole Christmas. But I do try to put in a good word or two for the time-honored sources of the 4000 year-old public international law. This paper will be a chapter in the forthcoming The Philosophy of International Law, to be published by Oxford University Press.

Judge Richard Posner locates his moral theory between moral absolutism and the "anything goes" kind of moral relativism. He analyzes whether five contested topics are subject to useful moral debate: infanticide, slavery, suttee, female genital mutilation, and the Holocaust. Each topic presents a different perspective on his own moral theory. But each one fails in a different way to place his own moral theory on a sound footing.

Many writers believe that international law is precatory but not "binding" in the way domestic law is binding. Since international law derives from the practice of states, how is it that what states do becomes what they must do? How do we get bindingness or normativity out of empirical fact? We have to avoid the Humean fallacy of attempting to derive an ought from an is. Yet we can find in nature at least one norm that is compelling: the norm of survival. This norm is hardwired into our brains through evolution. It is also hardwired into the international legal system that has survived for four thousand years. In every dispute or controversy, the international legal system weighs in on the side of peaceful and stable resolution - simply because that is in the system's interest of self-perpetuation. In sum, it is international law itself that selects from state actions those actions most conducive to the peaceful resolution of disputes and formulates them as rules and precedents of the system.

The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current global revolution of popular sovereignty. In this respect, as well as on their own merits, the two interventions underscore the unraveling of statist conceptions of international law. The arguments of Professors Farer and Nanda, struggling to conform to the tautological jargon of statism, already seem anachronistic. Tags: Transboundary Use of Force, Article 18 of the OAS Charter, Article 2(4) of the UN Charter, U.S. Intervention in Panama 1989-1990

A common assumption underlying nearly every book or essay on the global environment is that the present generation owes a duty to generations yet unborn to preserve the diversity and quality of our planet’s life-sustaining environmental resources. This duty is sometimes said to be an emerging norm of customary international law, including the more recently treaty-generated custom of the “common heritage of mankind.” Professor Edith Brown Weiss lists three different approaches one might take in response to an asserted environmental obligation to future generations: the “opulent” model, which denies any such obligation and permits present extravagance and waste; the “preservationist” model at the other extreme, which requires the present generation to make substantial sacrifices of denial so as to enhance the environmental legacy; and the “equality” model—favored by Professor Weiss—which says we owe to future generations a global environment in no worse condition than the one we enjoy.

Israel cannot obtain legal title to any territory by conquest. Thus Israel's borders were legally established by the United Nations Partition Resolution of 1947, which ended Great Britain's power as a trustee on condition that an Arab State and a Jewish State would be established with borders as demarkated in the text of the resolution. Those borders remain the legal boundary of the State of Israel.

As international criminal law continues to grow in importance, defenses to charges of war crimes are taking on a generic standardization that covers prosecutions in national courts as well as in international tribunals. This paper briefly discusses the most important defenses and their theoretical interconnections. Substantive defenses include superior orders, command responsibility, tu quoque, military necessity, proportionality, and reprisals. Jurisdictional defenses applicable in national tribunals include personal jurisdiction, subject-matter jurisdiction, and double jeopardy.

The nature of law and legal practice is changing with the addition of interdisciplinary scholars to law-school faculties and interdisciplinary studies to the law curriculum. However, the accessibility of non-law disciplinarians in the rest of the university raises the question of the cost-effectiveness and opportunity costs of importing them directly into the law school. This Article criticizes the interdisciplinary turn on three grounds. First is the unlikelihood that the joint-degreed persons who join the law faculty will happen to be the ones that their colleagues will end up collaborating with. Second is the even greater unlikelihood that any given discipline can communicate usefully with another discipline. Third is the opportunity-cost factor: that the new interdisciplinary courses will crowd out an essential part of the legal discipline, namely, an understanding of the foundations and dialectical evolution of its forms of language.

A coherent theory of international law would have explanatory power. It should indicate where international rules come from, how they are changed, and how they are enforced. The theory could usefully employ theoretical advances from other disciplines, such as systems theory, n-person games, network theory, emergence, complexity, and inference to the best explanation.

The UN Security Council's resolution on North Korea's nuclear weapon test is a magnificent achievement. The US State Department deserves much of the credit not only for the text of the resolution but also for the skillful diplomacy, headed by Secretary Condoleezza Rice and Ambassador John Bolton, that has resulted in the fifteen-nation Security Council's unanimous vote.

Logic does not permit contradictions. Ordinary language sometimes uses contradictions meaningfully. Examples are provided of logical derivations. Yet one might ask how one might prove that logic itself is rational. Gottlob Frege answered that logic constitutes rationality.

The incidence of rape in the United States has declined 85% in the past 25 years while access to pornography has become freely available to teenagers and adults. The Nixon and Reagan Commissions tried to show that exposure to pornographic materials produced social violence. The reverse may be true: that pornography has reduced social violence.