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Choosing Between Liberalization and Regulatory Autonomy under GATS: Implications of U.S.-Gambling for Trade in Cross Border E-Services

Jul. 25, 2012—In 2005, the World Trade Organization (WTO) Appellate Body presided over United States—Measures affecting the cross-border supply of gambling and betting services (U.S.-Gambling), in which Antigua argued that U.S. criminal laws banning the provision of cross-border online gambling services violate U.S. commitments under the General Agreement on Trade in Services (GATS).  For the first time,...

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Lost in Translation: International Criminal Tribunals and the Legal Implications of Interpreted Testimony

Jul. 24, 2012—When courtroom interpreters translate a witness’s testimony, errors are not just possible, they are inherent to the process.  Moreover, the occurrence of such errors is not merely a technical problem; errors can infringe on the rights of defendants or even lead to verdicts based on faulty findings of fact.  International criminal proceedings, which are necessarily...

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Neotrusteeship or Mistrusteeship? The “Authority Creep” Dilemma in United Nations Transitional Administration

Jul. 24, 2012—State failure poses one of the greatest threats to international peace and security.  The collapse of governing institutions breeds civil wars, generates refugee flows, causes enormous civilian suffering, foments instability in neighboring countries, and provides safe havens for transnational criminal and terrorist organizations.  As a result, commentators and policymakers have increasingly called for a remedy...

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The Bologna Process and Its Impact in Europe: It’s So Much More than Degree Changes

Jul. 24, 2012—The Bologna Process is a massive, multi-year project designed to create the “European Higher Education Area” by the year 2010.  It began ten years ago, when four European Union (EU) countries signed a relatively vague declaration.  It has grown to include forty-six countries, including all of the EU Member States and nineteen non-EU countries.  The...

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Do Norms Still Matter? The Corrosive Effects of Globalization on the Vitality of Norms

Jul. 23, 2012—Why does the process of globalization undermine the power of social norms to regulate behavior?  Norms are the social regularities that shape individual behavior and help to create vibrant—or dysfunctional—communities.  Most theories of norms do not account for the many ways that globalization affects the foundations of norms.  This Article fills the gap by developing...

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Liberating the Individual from Battles between States: Justifying Party Autonomy in Conflict of Laws

Jul. 23, 2012—Current theories of conflict of laws have one common feature: they all consider the question of the applicable law in terms of a conflict between states.  Legal systems are seen as fighting with each other over the application of law to a certain case.  From this perspective, the goal of conflicts methods is to assign...

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The Challenges and Risks of Creating Independent Regulatory Agencies: A Cautionary Tale from Brazil

Jul. 23, 2012—Between 1996 and 2002, the Brazilian government established independent regulatory agencies (IRAs) for electricity, telecommunications, oil, gas, and other infrastructure sectors as part of a very ambitious privatization program.  Following the formulas advocated internationally, Brazilian IRAs have institutional guarantees of independence, such as fixed and staggered terms of office for commissioners, congressional approval of presidential...

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Trade, Empires, and Subjects—China-Africa Trade: A New Fair Trade Arrangement, or the Third Scramble for Africa?

Jul. 23, 2012—Since 2000, the interest of the People’s Republic of China (China) in Africa has grown steadily.  Trade between China and Africa has grown exponentially.  China-Africa trade volume increased from $10 billion to $18 billion between 2000 and 2003.  In 2005, total trade between Africa and China surged to $40 billion, and in 2006 China-Africa trade...

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Authorizing Subnational Constitutions in Transitional Federal States: South Africa, Democracy, and the KwaZulu-Natal Constitution

Jul. 23, 2012—Not all federal systems permit their constituent units to adopt constitutions.  This Article considers whether, and under what circumstances, subnational constitutions tend to contribute to the volatility or stability of their respective federal systems.  By examining the role that subnational constitutions played in South Africa’s celebrated democratization, this Article observes that a transitional federal state...

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A Coherent Policy Proposal for U.S. Residence-Based Taxation of Individuals

Jul. 23, 2012—Taxation of the worldwide income of U.S. citizens has been a feature of the U.S. income tax since the Revenue Act of 1913.  This Article proposes that the United States abandon its imposition of income tax based on citizenship and institute a new system for taxing individuals based solely on residence.  This includes (1) a...

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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.