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Criminal Law Pays: Penal Law’s Contribution to China’s Economic Development

May. 14, 2014—China’s rapid rise to become the second largest economy in the world is nothing short of extraordinary. When economic reforms took off in the late 1970s, China had been without formal criminal law for three decades. China’s economic development since the launch of the reform period has occurred directly alongside the development of its criminal...

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Legal Phantoms in Cyberspace: The Problematic Status of Information as a Weapon and a Target Under International Humanitarian Law

Mar. 17, 2014—Reports of state-sponsored harmful cyber intrusions abound. The prevailing view among academics holds that if the effects or consequences of such intrusions are sufficiently damaging, international humanitarian law (IHL) should generally govern them—and recourse to armed force may also be justified against states responsible for these actions under the jus ad bellum. This Article argues,...

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Will the New ICAO–Beijing Instruments Build a Chinese Wall for International Aviation Security?

Mar. 17, 2014—The last 6 years have seen an unprecedented level of activity in the field of international aviation law, with the adoption of three new conventions and one new protocol. This is a testament to ICAO’s leadership role and its ongoing relevance, particularly in the field of aviation security. The tragic events of 9/11 highlighted some...

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Managing the “Republic of NGOs:” Accountability and Legitimation Problems Facing the UN Cluster System

Mar. 17, 2014—This Article critically assesses the crucial but troubled system for the coordination of international humanitarian assistance—the UN “cluster approach.” Regardless of whether the cluster approach actually helps in disaster response, it exercises substantial power over affected populations by assigning competences and leadership roles. The built-in mechanisms for controlling this power are unworkable because they ultimately...

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Climate Change, Forests, and International Law: REDD’s Descent into Irrelevance

Mar. 17, 2014—Forestry activities account for over 17 percent of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Framework Convention on Climate Change have been negotiating a mechanism known as REDD—Reducing Emissions from Deforestation and Degradation—to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. When...

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Protecting Immigrant Children by Protecting Their Parents

Feb. 3, 2014—By Sarah Grey McCroskey Sarah Grey’s note, Expanding the Vienna Convention on Consular Relations: Protecting Children by Protecting Their Parents, appears in the current issue of VJTL.  Here, she reflects on why she chose to write on this topic. The summer after my first year of law school, I decided to work for the Tennessee...

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Arguments over cigarette packaging still smoking

Jan. 21, 2014—Vanderbilt Professor Daniel Gervais has co-authored a new article detailing the international legal conflict over Australia’s strict plain packaging requirements for cigarettes. “[W]hile the normative appeal of tobacco control is strong, there is a normative case to be made for getting trademark (and, more broadly, intellectual property) rules right,” writes Gervais and his co-author Susy...

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Optimal Asylum

Jan. 8, 2014—The U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a “scarce” political resource, but U.S. law persists in distributing access to asylum based on an asylum seeker’s ability to circumvent migration controls rather than the strength of the asylum seeker’s claim for protection. To apply for asylum, an asylum...

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Geography and Justice: Why Prison Location Matters in U.S. and International Theories of Criminal Punishment

Jan. 8, 2014—This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures—the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence. This Article...

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Defending Democracy: A New Understanding of the Party-Banning Phenomenon

Jan. 8, 2014—Recent years have witnessed a growing tendency among established democracies to battle political extremism by banning extremist parties. This Article explores this phenomenon in its wide-ranging international manifestations. The Article aims to challenge the prevalent paradigm underlying the discussion of party banning and to introduce a new paradigm for conceptualizing the party-banning phenomenon in its...

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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.