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Religious Rights in Historical, Theoretical, and International Context: Hobby Lobby as a Jurisprudential Anomaly?

Jun. 16, 2015—The United States has a long and complicated history concerning religious rights, and the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. has done little to clear up the jurisprudence in this field. Although the decision will doubtless generate a great deal of commentary as a matter of constitutional and statutory...

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Human Trafficking and Labor Migration: The Dichotomous Law and Complex Realities of Filipina Entertainers in South Korea and Suggestions for Integrated and Contextualized Legal Responses

Jun. 16, 2015—This Article examines the complex legal situation of Filipina “entertainers” in U.S. military camp towns in South Korea: the individuals located at the intersection of human trafficking and labor migration. The Article investigates how the dichotomous law fails to recognize these entertainers as either trafficking victims or as migrant workers. The law therefore denies proper...

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The Political Economy and Legal Regulation of Transnational Commercial Surrogate Labor

Mar. 29, 2015—India’s commercial surrogacy business has been the focus of intense media scrutiny for the past decade. In that time, it has grown from a $400 million industry to over $2 billion. While the growth in the surrogacy market has been rapid and widespread, the Indian government has struggled to regulate it as a business, as...

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Alternate Judges as Sine Qua Nons for International Criminal Trials

Mar. 29, 2015—When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge—who had not...

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Do Human Rights Treaties Help Asylum-Seekers?: Lessons from the United Kingdom

Mar. 28, 2015—This Article analyzes the circumstances under which international human rights treaties have helped or hurt asylum-seekers in the United Kingdom since 1991. Combining a database of nearly two thousand asylum decisions and fifty-one interviews with U.K. refugee lawyers, it identifies several factors which help determine the impact of human rights treaties in individual cases. It focuses...

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Reducing the Price of Peace: The Human Rights Responsibilities of Third-Party Facilitators

Mar. 28, 2015—Peace agreements can bring about serious injustices. For example, they may establish oppressive regimes, provide for the transfer of populations, or allocate natural resources in an inequitable manner. This Article argues that third-party facilitators―states and international organizations that act as mediators, donors, or peacekeepers―should have a responsibility to prevent such injustices. While the primary duty...

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Determining International Responsibility Under the New Extra-EU Investment Agreements: What Foreign Investors in the EU Should Know

Dec. 20, 2014—The EU’s newly acquired competence over foreign investment poses largely unprecedented legal challenges: the Union’s unique structure and functioning are bound to raise questions about the traditional format of international investor-State arbitration. Anticipating these challenges, the European Commission has proposed a Regulation on managing the financial responsibility that arises out of such arbitrations; a revised...

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Foreign Direct Investment in the United States and Canada: Fractured Neoliberalism and the Regulatory Imperative

Dec. 20, 2014—Although both Canada and the United States review foreign investment for national security concerns, Canada also requires that the investment be of “net benefit” to Canada. Recent investments by state-owned enterprises (SOEs) and sovereign wealth funds (SWFs) have prompted the suggestion that the United States should also adopt a net benefit or economic test. This...

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The United Nations Watercourses Convention on the Dawn of Entry Into Force

Dec. 20, 2014—The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) entered into force in August 2014. Despite overwhelming support when signed in 1997, the ratification process has been slow. As a binding treaty, the Watercourses Convention provides hope that its provisions will articulate legal principles of transboundary water management...

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The Dehumanization of International Humanitarian Law: Legal, Ethical, and Political Implications of Autonomous Weapon Systems

Dec. 20, 2014—In the future, a growing number of combat operations will be carried out by autonomous weapon systems (AWS). At the operational level, AWS would not rely on direct human input. Taking humans out of the loop will raise questions of the compatibility of AWS with the fundamental requirements of international humanitarian law (IHL), such as...

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ANNOUNCEMENTS

The Journal is pleased to announce its 2018-2019 Board of Editors. View the complete masthead here.

Vanderbilt University Law School Professor Michael A. Newton’s 2016 VJTL Article entitled How the International Criminal Court Threatens Treaty Norms  was cited by the International Criminal Court prosecutor’s November 2017 filing seeking investigation into war crimes in Afghanistan.

May 2018 Issue on the Second Israel Defense Forces International Conference on the Law of Armed Conflict. Read more about the Journal’s May 2018 issue here.

Thank you to everyone who attended the Journal’s 50th Anniversary celebration on October 5, 2017! View photos from the event here and read about the Journal’s history here.

Connect with the Vanderbilt Journal of Transnational Law on LinkedIn.

The Journal is pleased to listed as the #5 International Law Journal by the 2017 Washington and Lee Law Journal Rankings.

The Journal is very excited about the success of our February 2017 Symposium, “Sovereign Conduct on the Margins of the Law.” Read more about our February 2017 Symposium here

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2017-2018 Write-On Competition Winners.

Video is available from the Vanderbilt Journal of Transnational Law’s 2015-2016 SymposiumThis is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch here.