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Separation Anxiety? Rethinking the Role of Morality in International Human Rights Lawmaking

May. 30, 2014—The conventional accounts of international law do a poor job accounting for human rights. International legal positivists generally argue that there is a strict separation of law and morality, with no role for moral obligation in the validation of law. But human rights practice reveals many situations in which it appears that morality is validating...

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Function and Dysfunction in Post-Conflict Justice Networks and Communities

May. 30, 2014—The field of post-conflict justice includes many well-known international criminal law and rule of law initiatives, from the International Criminal Court to legal reform programs in Afghanistan and Iraq. Less visible, but nonetheless vital to the field, are the international staff (known as internationals) who carry out these transitional justice enterprises, and the networks and...

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Undocumented Migrants and the Failures of Universal Individualism

May. 30, 2014—In recent years, advocates and scholars have made increasing efforts to situate undocumented migrants within the human rights framework. Few have examined international human rights law closely enough to discover just how limited it is in its protections of the undocumented. This Article takes that failure as a starting point to launch a critique of...

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The Special Tribunal for Lebanon: A Defense Perspective

May. 30, 2014—This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the...

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Business, Human Rights, and the Promise of Polycentricity

May. 16, 2014—Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises (SRSG) John Ruggie referred to the “Protect, Respect, and Remedy” Framework (PRR Framework) and the UN Guiding Principles on Business and Human Rights (Guiding Principles) as a polycentric governance system. However, the exact meaning of this phrase...

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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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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.