Skip to main content

Notes Category

Non-Refoulement: The Search for a Consistent Interpretation of Article 33

Jul. 11, 2012—The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of Refugees (1951 Convention).  The 1951 Convention established several important concepts as binding international law, including the requirements for refugee classification and the principle of non-refoulement.  The duty of non-refoulement prohibits state-parties from expelling or returning...

Read more


Beyond Economics: The U.S. Recognition of International Financial Reporting Standards as an International Subdelegation of the SEC’s Rulemaking Authority

Jul. 11, 2012—A final rule promulgated by the Securities and Exchange Commission (SEC) in 2008 allowing foreign private securities issuers to prepare SEC-required financial disclosures under international financial reporting standards (IFRS) as promulgated by the International Accounting Standards Board (IASB) is a highly significant event for U.S. and global capital markets.  However, surprisingly few questions have been...

Read more


The Millennium Challenge Account: Influencing Governance in Developing Countries Through Performance-Based Foreign Aid

Jul. 11, 2012—The United States actively impacts the legal and political environments of developing countries through the Millennium Challenge Account (MCA).  This new approach to foreign development aid presents both an incredible opportunity to encourage good governance as well as a serious danger of U.S. political agendas manipulating foreign aid to serve partisan interests.  The MCA should...

Read more


The Emperor Is Still Naked: Why the Protocol on the Rights of Women in Africa Leaves Women Exposed to More Discrimination

Jul. 11, 2012—The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa entered into force in 2005.  Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human rights instruments.  Now, fifteen years after it was conceived,...

Read more


Replacing Slingshots with Swords: Implications of the Antigua-Gambling 22.6 Panel Report for Developing Countries and the World Trading System

Jul. 11, 2012—In December 2007, the WTO awarded Antigua the right to suspend TRIPS obligations at a value of $21 million.  This decision represents the WTO’s continuing evolution into a body capable of addressing the concerns of developed countries while balancing the legitimate interests of developed nations.  For the second time, the WTO has authorized suspension of...

Read more


Honesty Is the Best Policy: A Case for the Limitation of Deceptive Police Interrogation Practices in the United States

Jul. 11, 2012—In the United States, police officers regularly employ deceptive interrogation tactics to extract confession evidence from suspects. Despite widespread recognition of the harm caused by police deception, courts in the United States have consistently condoned the practice, refusing to exclude confessions obtained through manipulative and deceitful means.  The British Parliament has recognized that deceptive police...

Read more


“Shelter Chic”: Can the U.S. Government Make it Work?

Jul. 10, 2012—This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices.  The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts.  In making these contributions, the CBP relied on its emergency authority and a...

Read more


NAFTA Cross-Border Trucking: Mexico Retaliates After Congress Stops Mexican Trucks at the Border

Jul. 10, 2012—The North American Free Trade Agreement (NAFTA) entitles Mexican tractor-trailers to enter the U.S. to deliver cargo from Mexico.  In spite of NAFTA, the U.S. has only allowed Mexican trucks to operate in the U.S. during a controversial demonstration project that granted U.S. operating licenses to a select number of Mexican trucks during the Bush...

Read more


Establishing an Aggressive Legal Framework for the Future of Wind Energy in Europe

Jul. 10, 2012—Europe is the world’s frontrunner in wind energy, and European governments are committed to aiding renewable energy entrepreneurs and investors. In April 2009, the EU passed a new Climate Action Directive.  The Directive set goals for both increased use of renewable energy and decreases in greenhouse gas emissions.  Despite this legislative success, the Climate Action...

Read more


Say What You Mean: Improved Drafting Resources as a Means for Increasing the Consistency of Interpretation of Bilateral Investment Treaties

Jul. 10, 2012—Following the demise of international recognition of the Hull Rule as the standard governing foreign direct investment, countries throughout the world have turned to bilateral investment treaties (BITs) to govern direct investment relationships.  BITs allow countries to bind themselves credibly to commitments by granting substantive rights to investors and offering remedies for violations of those...

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.