45 research outputs found
THE MAXIM “LAW DOES NOT ARISE FROM THE VIOLATION OF LAW” AND THE MODIFICATION OF PEREMPTORY NORMS
No full textMaxim “ex injuria jus non oritur” is not only a general legal, but also an international legal
principle, which states that law doesn’t arise from the violation of law. However, peremptory
norms of international law (jus cogens) are not something frozen. They develop, like
international law in general, so the latter expressly provides for the possibility of their
modification by subsequent norms of the same nature. This inevitably means that, in the
period of changing such norms, the behavior of some states will contradict the previous
peremptory norm until the emergence of a new peremptory norm is recognized by the
international community of states. Does the change of imperative norms result in an exception
to the above-mentioned maxim? And how do you know whether the actions of the
state or group of states have created a new peremptory norm of international law, or they
are merely a violation of the already existing peremptory norm? Can moral considerations
justify the state’s withdrawal from the maxim of “ex injuria jus non oritur” in the name of
creating a new peremptory norm of international law? Or is such a deviation justified by
the conformity of the state’s actions to any other norms? Having examined these issues,
the author comes to the conclusion that, unlike the positive law, natural law does not know
exceptions to the maxim. The author proves that the ground for the emergence of new
peremptory norms of international law creates changes in natural law
THE EUROPEAN COURT ON HUMAN RIGHTS: THE PROBLEM OF UNENFORCEABLE JUDGMENTS
No full textINTRODUCTION. The paper demonstrates that the problem of implementing judgments of the European Court of Human Rights does exist if such a judgment is not in line with the Constitution of the Russian Federation. This problem is caused in legal dimension by the two different factors. On the one hand the Constitution of the Russian Federation “shall be the supreme law and shall be in force throughout the territory of the Russian Federation. No laws or other legislative acts … shall contravene the Constitution of the Russian Federation” (Article 15 Part 1). On the other hand, a State may not invoke its internal (national) law as justification for its failure to perform a treaty (Article 27 of the Vienna Convention on the Law of Treaties, 1969).MATERIALS AND METHODS. Research materials include judgments of the European Court of Human Rights and Orders of the Constitutional Court of the Russian Federation and also the teachings of the most qualified scholars in International Law which are relevant to the title of this paper. General and specific scientific methods are used by the author. In the context of applicable general international law the paper considers both judgments o the European Court of Human Rights and orders of the Constitutional Court of the Russian Federation paying specific attention to the reasons of different legal positions adopted by these Courts.RESEARCH RESULTS. The widening of the competence of the Сonstitutional Court of Russia in December 2014 arouses apprehension. The Court pointed out that two judgments of the European Court on Human Rights were unenforceable: (1) on the judgment on the application of Anchugov and Gladkov and (2) on the judgment concerning the application of UKOS. In the first case the European Court on Human Rights admitted that Russia was responsible for moral damage and the recognition of it was enough for compensation. In the second case the European Court on Human Rights admitted that Russia violated Protocol No.1 to the Convention on Human Rights. In connection with it Russia must compensate the pecuniary damage. It is confirmed by the Committee of Ministers (the Council of Europe).DISCUSSION AND CONCLUSIONS. The Constitutional Court of the Russian Federation indeed has (as its professional function) an obligation to legally protect the national interests of Russia if they are questioned by a judgment of a foreign court which does not correspond to International Law. But in cases considered in this paper the Constitutional Court of Russia while addressing the judgments of the European Court of Human Rights (which are in contradiction with the International Law) made itself a legal mistake from the point of International Law. According to Article 26 of the Vienna Convention on the Law of Treaties, 1969, every treaty in force is binding upon the parties to it and must be performed by them in good faith”. Even in the case when the national law provides for a different approach (article 27 of the same Convention). The Constitution of any State is a part of its national law. So the 1969 Convention’s rules of Articles 26 and 27 are applicable also to Constitutions. While stating that the Constitution has a higher legal value then International Treaty of the Russian Federation, the Constitutional Court thus undermines the national interests of Russia in maintaining legal order and the Rule of Law in international relations
Excellent Strength–Impact Toughness Combination of Heterostructured Metastable Fe-Rich Medium-Entropy Alloy
No full textThe effect of a heterogeneous structure obtained via cold rotary swaging (CRS) and post-deformation annealing (PDA) on the dynamic mechanical properties of a non-equiatomic 49.5Fe-30Mn-10Co-10Cr-0.5C (at.%) medium-entropy alloy at room and cryogenic temperatures was studied. CRS to a reduction of 92% and subsequent PDA at 500–600 °C developed a heterogeneous structure consisting of a twinned γ-matrix and dislocation-free γ-grains in the rod core and an ultrafine-grained microstructure of γ-phase at the rod edge. Therefore, the maximum stress (σm) value increased. Charpy V-notch impact toughness (KCV) decreased after CRS to a reduction of 18% and stabilized after further straining. However, the contribution of the crack initiation energy consumption (KCVi) increased, while the crack propagation energy consumption (KCVP) decreased. PDA resulted in increases in KCVi and KCVP. A ductile-to-brittle transition occurred from −90 °C to −190 °C. Cryogenic Charpy impact testing of the heterostructured material revealed inflections on impact load–deflection curves. The phenomenon contributed to an increase in KCVP, providing a longer crack propagation path. The heterostructured material possessed an excellent σm-KCV combination in the temperature range between −90 °C and +20 °C
Cross section and double helicity asymmetry for eta mesons and their comparison to pi(0) production in p plus p collisions at root s=200 GeV
No full textMeasurements of double-helicity asymmetries in inclusive hadron production in polarized p + p collisions are sensitive to helicity-dependent parton distribution functions, in particular, to the gluon helicity distribution, Delta g. This study focuses on the extraction of the double-helicity asymmetry in eta production ((p) over right arrow + (p) over right arrow -> eta + X), the eta cross section, and the eta/pi(0) cross section ratio. The cross section and ratio measurements provide essential input for the extraction of fragmentation functions that are needed to access the helicity-dependent parton distribution functions.Office of Nuclear Physics in the Office of Science of the Department of Energy (DOE)National Science Foundation (NSF)Renaissance Technologies LLCAbilene Christian University Research CouncilResearch Foundation of SUNYCollege of Arts and Sciences, Vanderbilt University (U.S.)Ministry of Education, Culture, Sports, Science, and Technology (MEXT), JapanJSPS - Japan Society for the Promotion of Science (Japan)Conselho Nacional de Desenvolvimento Cientifico e Tecnologico (CNPq) and Fundacao de Amparo a Pesquisa do Estado de Sao Paulo (FAPESP) (Brazil)NSFC Natural Science Foundation of China (People's Republic of China)MSMT Ministry of Education, Youth and Sports (Czech Republic)Centre National de la Recherche Scientifique - CNRSCEA Commissariat a l'Energie Atomique(CNRS/IN2P3) Institut National de Physique Nucleaire et de Physique des Particules (France)Ministry of Industry, Science, and TekhnologiesBMBF - Bundesministerium fur Bildung und Forschung, Germany(DAAD) Deutscher Akademischer Austausch Dienst, GermanyAlexander von Humboldt Stiftung (Germany)Hungarian National Science Fund, OTKA (Hungary)(DAE) Department of Atomic Energy, IndiaISF - Israel Science Foundation (Israel)National Research Foundation (NRF), KoreaMinistry Education Science and Technology (MEST), KoreaMES Ministry of Education and Science, Russia Academy of SciencesFAAE Federal Agency of Atomic Energy (Russia), V RWallenberg Foundation (Sweden)CRDF U. S. Civilian Research and Development Foundation for the Independent States of the Former Soviet UnionU.S.-Hungarian Fulbright Foundation for Educational Exchange(BSF) U.S.-Israel Binational Science Foundatio
Measurement of direct photon production in p + p collisions at = 200 GeV
No full text330 authors, 6 pages text, 3 figures, one table. Submitted to Phys. Rev. Lett. Plain text data tables for the points plotted in figures for this and previous PHENIX publications are (or will be) publicly available at http://www.phenix.bnl.gov/papers.htmlCross sections for mid-rapidity production of direct photons in p+p collisions at the Relativistic Heavy Ion Collider (RHIC) are reported for 3 < p_T < 16 GeV/c. Next-to-leading order (NLO) perturbative QCD (pQCD) describes the data well for p_T > 5 GeV/c, where the uncertainties of the measurement and theory are comparable. We also report on the effect of requiring the photons to be isolated from parton jet energy. The observed fraction of isolated photons is well described by pQCD for p_T > 7 GeV/c
Event structure and double helicity asymmetry in jet production from polarized p plus p collisions at root s=200 GeV
No full textWe report on the event structure and double helicity asymmetry (A(LL)) of jet production in longitudinally polarized p + p collisions at root s = 200 GeV. Photons and charged particles were measured by the PHENIX experiment at midrapidity vertical bar eta vertical bar < 0.35 with the requirement of a high-momentum (> 2 GeV/c) photon in the event. Event structure, such as multiplicity, p(T) density and thrust in the PHENIX acceptance, were measured and compared with the results from the PYTHIA event generator and the GEANT detector simulation. The shape of jets and the underlying event were well reproduced at this collision energy. For the measurement of jet A(LL), photons and charged particles were clustered with a seed-cone algorithm to obtain the cluster pT sum (p(T)(reco)). The effect of detector response and the underlying events on p(T)(reco) was evaluated with the simulation. The production rate of reconstructed jets is satisfactorily reproduced with the next-to-leading-order and perturbative quantum chromodynamics jet production cross section. For 4< p(T)(reco) < 12 GeV/c with an average beam polarization of < P > = 49% we measured Lambda(LL) = -0.0014 +/- 0.0037(stat) at the lowest p(T)(reco) bin (4-5 GeV= c) and -0.0181 +/- 0.0282(stat) at the highest p(T)(reco) bin (10-12 GeV= c) with a beam polarization scale error of 9.4% and a pT scale error of 10%. Jets in the measured p(T)(reco) range arise primarily from hard-scattered gluons with momentum fraction 0: 02 < x < 0: 3 according to PYTHIA. The measured A(LL) is compared with predictions that assume various Delta G(x) distributions based on the Gluck-Reya-Stratmann-Vogelsang parameterization. The present result imposes the limit -a.1 < integral(0.3)(0.02) dx Delta G(x, mu(2) = GeV2) < 0.4 at 95% confidence level or integral(0.3)(0.002) dx Delta G(x, mu(2) = 1 GeV2) < 0.5 at 99% confidence level.Office of Nuclear Physics in the Office of Science of the Department of Energy (DOE)National Science Foundation (NSF)Abilene Christian University Research CouncilResearch Foundation of SUNYDean of the College of Arts and Sciences, Vanderbilt University (U.S.A)Ministry of Education, Culture, Sports, Science, and Technology (MEXT), JapanJSPS - Japan Society for the Promotion of Science (Japan)Conselho Nacional de Desenvolvimento Cientifico e Tecnologico (CNPq) and Fundacao de Amparo a Pesquisa do Estado de Sao Paulo (FAPESP) (Brazil)NSFC Natural Science Foundation of China (People's Republic of China)MSMT Ministry of Education, Youth and Sports (Czech Republic)CNRS Centre National de la Recherche Scientifique, CEA Commissariat a l'Energie Atomique, and Institut National de Physique Nucleaire et de Physique des Particules (France)BMBF - Bundesministerium fur Bildung und Forschung, Germany(DAAD) Deutscher Akademischer Austausch Dienst, GermanyAlexander von Humboldt Stiftung (Germany)OTKA Hungarian National Science FundOTKA (Hungary)(DAE) Department of Atomic Energy, IndiaISF - Israel Science Foundation (Israel)National Research Foundation (NRF), KoreaWCU, Ministry Education Science and Technology (MEST), KoreaMES Ministry of Education and Science, Russia Academy of Sciences, Federal Agency of Atomic Energy (Russia)VR (Sweden)Wallenberg Foundation (Sweden)CRDF U.S. Civilian Research and Development Foundation for the Independent States of the Former Soviet UnionUS-Hungarian NSF-OTKA-MTA(BSF) US-Israel Binational Science Foundatio
Jet Properties from Dihadron Correlations in p+p Collisions at =200 GeV
No full text330 authors, 27 pages, 31 figures, 12 tables. Submitted to Physical Review D. Plain text data tables for the points plotted in figures for this and previous PHENIX publications are (or will be) publicly available at http://www.phenix.bnl.gov/papers.html - EIThe properties of jets produced in p+p collisions at sqrt(s)=200 GeV are measured using the method of two particle correlations. The trigger particle is a leading particle from a large transverse momentum jet while the associated particle comes from either the same jet or the away-side jet. Analysis of the angular width of the near-side peak in the correlation function determines the jet fragmentation transverse momentum j_T . The extracted value, sqrt()= 585 +/- 6(stat) +/- 15(sys) MeV/c, is constant with respect to the trigger particle transverse momentum, and comparable to the previous lower sqrt(s) measurements. The width of the away-side peak is shown to be a convolution of j_T with the fragmentation variable, z, and the partonic transverse momentum, k_T . The is determined through a combined analysis of the measured pi^0 inclusive and associated spectra using jet fragmentation functions measured in e^+e^-. collisions. The final extracted values of k_T are then determined to also be independent of the trigger particle transverse momentum, over the range measured, with value of sqrt() = 2.68 +/- 0.07(stat) +/- 0.34(sys) GeV/c
Azimuthal Angle Correlations for Rapidity Separated Hadron Pairs in d+Au Collisions at =200 GeV
No full textEIDeuteron-gold (d+Au) collisions at the Relativistic Heavy Ion Collider provide ideal platforms for testing QCD theories in dense nuclear matter at high energy. In particular, models suggesting strong saturation effects for partons carrying small nucleon momentum fraction (x) predict modifications to jet production at forward rapidity (deuteron-going direction) in d+Au collisions. We report on two-particle azimuthal angle correlations between charged hadrons at forward/backward (deuteron/gold going direction) rapidity and charged hadrons at midrapidity in d+Au and p+p collisions at sqrt(s[sub NN])=200 GeV. Jet structures observed in the correlations are quantified in terms of the conditional yield and angular width of away-side partners. The kinematic region studied here samples partons in the gold nucleus with x~0.1 to ~0.01. Within this range, we find no x dependence of the jet structure in d+Au collisions
Centrality Dependence of and Production at Large Transverse Momentum in = 200 GeV d+Au Collisions
No full text332 authors, 6 pages text, 2 figures, one table. Submitted to Phys. Rev. Lett. Plain text data tables for the points plotted in figures for this and previous PHENIX publications are (or will be) publicly available at http://www.phenix.bnl.gov/papers.htmlThe dependence of transverse momentum spectra of neutral pions and eta mesons with p_T <16 GeV/c and p_T < 12 GeV/c, respectively, on the centrality of the collision has been measured at mid-rapidity by the PHENIX experiment at RHIC in d+Au collisions at sqrt(s_(NN)) = 200 GeV. The measured yields are compared to those in p + p collisions at the same sqrt(s_(NN)) scaled by the number of underlying nucleon-nucleon collisions in d+Au. At all centralities the yield ratios show no suppression, in contrast to the strong suppression seen for central Au+Au collisions at RHIC. Only a weak p_T and centrality dependence can be observed
