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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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Avoid or Compensate? Liability for Incidental Injury to Civilians Inflicted During Armed Conflict

Jul. 11, 2012—Under international law, civilians suffering injuries that are incidental to a lawful attack on a military objective are left to bear the cost of their losses.  In recent years there have been calls for a change in policy that would entitle victims of military attacks to compensation, even if their losses are incidental and non-fault-based. ...

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Fighting Against Biopiracy: Does the Obligation to Disclose in Patent Applications Truly Help?

Jul. 11, 2012—In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources disclose the source of those resources and provide evidence that the prior informed consent of the...

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The Kosovo Crisis: A Dostoievskian Dialogue on International Law, Statecraft, and Soulcraft

Jul. 11, 2012—The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of “constitutional” dimensions in international law that began with NATO’s 1999 intervention in Kosovo.  NATO’s intervention called into question the authority and viability of the UN Charter system for maintaining international peace.  Likewise, the West’s decision in...

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Enforcing Human Rights in U.S. Courts and Abroad: The Alien Tort Statute and Other Approaches

Jul. 11, 2012—The 2008 Jonathan I. Charney Lecture in International Law Presented at Vanderbilt University Law School on April 11, 2008

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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...

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A Theory of WTO Adjudication: From Empirical Analysis to Biased Rule Development

Jul. 11, 2012—The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success.  This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. ...

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Striking a Sensible Balance on the Legality of Defensive First Strikes

Jul. 11, 2012—This Article seeks to develop a clear and sensible legal standard governing defensive first strikes writ large in inter-state conflicts.  Imprecise or improperly gauged legal parameters can contribute to an increased risk of hostilities, whether due to abuse, error, or even reasoned calculation.  The implications of such conduct for states and their populations alike can...

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Strengthening International Regulation Through Transnational New Governance: Overcoming the Orchestration Deficit

Jul. 11, 2012—A new kind of international regulatory system is spontaneously arising out of the failure of international “Old Governance” (i.e., treaties and intergovernmental organizations) to adequately regulate international business.  Nongovernmental organizations, business firms, and other actors, singly and in novel combinations, are creating innovative institutions to apply transnational norms to business.  These institutions are predominantly private...

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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...

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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.