Skip to main content

Articles Category

Why China Established the Asia Infrastructure Investment Bank

Jan. 19, 2017—On January 16, 2016, China officially opened the Asia Infrastructure Investment Bank (AIIB) for business, representing what might be a seismic shift in economic power from the United States to China. The AIIB creates a challenge to the U.S.- dominated World Bank and International Monetary Fund (IMF), two venerable international financial institutions created at the...

Read more


A Post-Millennial Inquiry into the United Nations Law of Self-Determination: A Right to Unilateral Non-Colonial Secession?

Jan. 19, 2017—The present Article inquires whether a right to unilateral non-colonial (UNC) secession is grounded in the United Nations (UN) law of self-determination. The Article argues that peoples subjected to deliberate, sustained, and systematic human rights abuses in extremis (e.g., ethnic cleansing, mass killings, or genocide) by the existing state have an international customary law right...

Read more


Making International Health Regulations Work: Lessons from the 2014 Ebola Outbreak

Dec. 13, 2016—Many legal scholars believe that the lack of enforcement mechanisms provided by the International Health Regulations (IHR) in part explains the slow containment of the deadly Ebola virus disease outbreak in West Africa in 2014. In contrast, some global health practitioners deem funding for global health emergencies as a key remedy to the ineffective international infectious disease control...

Read more


Tax, Don’t Ban: A Comparative Look at Harmful but Legitimate Islamic Family Practices Actionable under Tort Law

Dec. 13, 2016—Massive migration of Muslims to the West in recent years has raised the question whether Shari’a—Islamic law—should apply to Muslim couples living in these countries. The issue is particularly acute when it comes to family life and the possibility of using tort law in cases of harmful religious practices that are permitted by Muslim law...

Read more


A New Model of Sovereignty in the Contemporary Era of Integrated Global Commerce: What Anthropology Contributes to the Shortcomings of Legal Scholarship

Dec. 13, 2016—Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally, and transformations in global...

Read more


Executive Agreements+

Dec. 13, 2016—Did President Obama act constitutionally in joining the Paris Climate Change Agreement without seeking the approval of the Senate or Congress? According to the conventional, tripartite paradigm for analyzing the president’s treaty-making power, this question is conceptualized as an issue of the president’s independent constitutional power. Since the Paris Agreement was not approved by the...

Read more


Politics by Other Means: The Battle over the Classification of Asymmetrical Conflicts

Aug. 25, 2016—Transnational armed conflicts between states and non-state armed groups have emerged as a defining characteristic of twenty-first century warfare. Humanitarian actors tend to classify such conflicts (e.g., between the United States and ISIL) as non-international armed conflicts rather than international armed conflict. This classification is subject to considerable debate; yet both sides present their views...

Read more


Response: The ICC, Pre-Existing Jurisdictional Treaty Regimes, and the Limits of the Nemo Dat Quod Non Habet Doctrine—A Reply to Michael Newton

Aug. 25, 2016—It is a pleasure and a privilege to provide a few reflections on Michael Newton’s thought-provoking essay on “How the ICC Threatens Treaty Norms.” His article marks an important piece of scholarship. It reflects significant concerns about the reach and function of the International Criminal Court (ICC) that merit further attention and explanation in ICC...

Read more


Response: “Quid,” Not “Quantum”: A Comment on “How the International Criminal Court Threatens Treaty Norms”

Aug. 25, 2016—It is hard not to sympathize with the thrust of Michael A. Newton’s impressive article “How the International Criminal Court Threatens Treaty Norms.” A friend of the ICC keen to see it thrive, Newton offers some home truths with a view to correcting what he suggests is a damaging tendency towards jurisdictional overreach on the...

Read more


How the International Criminal Court Threatens Treaty Norms

Aug. 25, 2016—This Article demonstrates the disadvantages of permitting a supranational institution like the International Criminal Court (ICC) to aggrandize its authority by overriding agreements between sovereign states. The Court’s constitutive power derives from a multilateral treaty designed to augment sovereign enforcement efforts rather than annul them. Treaty negotiators expressly rejected efforts to confer jurisdiction to the...

Read more


>

ExpressO Top 10 Law Review


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.