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Iraq, Secured Transactions, and the Promise of Islamic Law

Jul. 20, 2012—When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy.  In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets...

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Coining a New Jurisdiction: The Security Council as Economic Peacekeeper

Jul. 20, 2012—Economic conditions are linked to international peace and security.  Financial crises, mismanagement of natural resources, food shortages, and climate change can create transnational effects, including conflict. The Security Council is the executive organ of the United Nations, with primary jurisdiction over the maintenance of international peace and security.  This Article explores the extent to which...

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The Montreal Convention: Can Passengers Finally Recover for Mental Injuries?

Jul. 20, 2012—Since the 1920s, recovery for accidents suffered on international flights has been subject to the Warsaw Convention’s limitation of “bodily injury.”  To address perceived inequities stemming from this limitation, some courts invoked a liberal interpretation of the phrase “bodily injury,” and the resulting and fragmented judicial precedent threatened the treaty’s goal of international uniformity.  Although...

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International Law’s Mixed Heritage: A Common/Civil Law Jurisdiction

Jul. 20, 2012—This Article provides the first application of the emerging mixed jurisdiction jurisprudence to a comparative analysis of international law.  Such a comparative law analysis is important today as the growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands on international law not previously experienced.  International law is unsure where to...

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Indigenous Sovereignty: A Reassessment in Light of the UN Declaration on the Rights of Indigenous Peoples

Jul. 20, 2012—This Article explores the concept of “indigenous sovereignty” against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy.  The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of terra nullius and uti possidetis. ...

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Testing Japan’s Convictions: The Lay Judge System and the Rights of Criminal Defendants

Jul. 20, 2012—Japan has endured considerable international and domestic criticism over the way its criminal justice system treats criminal defendants.  The system shows little regard for defendants’ constitutional rights, and media reports about forced confessions and wrongful convictions are creating grassroots pressures to uphold the right to counsel, the right to silence, and the presumption of innocence....

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Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings

Jul. 20, 2012—A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses.  Reporting on the status of human trafficking achieves both goals.  This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to...

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The Un-Exceptionalism of U.S. Exceptionalism

Jul. 20, 2012—This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous...

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Can We Talk? Overcoming Barriers to Mediating Private Transborder Commercial Disputes in the Americas

Jul. 20, 2012—This Article examines cognitive and cultural barriers creating the relatively infrequent use of mediation to resolve private, transborder commercial disputes in the Americas.  It begins by analyzing the challenges presented by transborder commercial litigation.  It then presents and supports the claim that international arbitration, the most frequently used transborder commercial dispute resolution method, suffers from...

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Legal Aspects of Prior Informed Consent on Access to Genetic Resources: An Analysis of Global Lawmaking and Local Implementation Toward an Optimal Normative Construction

Jul. 11, 2012—Since the Convention on Biological Diversity (CBD) has been in force, national implementation of the access to and benefit-sharing (ABS) requirement on genetic resources has been flourishing.  A requirement of prior informed consent (PIC) by the people controlling access to genetic resources constitutes a major instrument to deter illegal bioprospecting and to ensure fair access...

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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.