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Volume 41 Category

The Challenges and Risks of Creating Independent Regulatory Agencies: A Cautionary Tale from Brazil

Jul. 23, 2012—Between 1996 and 2002, the Brazilian government established independent regulatory agencies (IRAs) for electricity, telecommunications, oil, gas, and other infrastructure sectors as part of a very ambitious privatization program.  Following the formulas advocated internationally, Brazilian IRAs have institutional guarantees of independence, such as fixed and staggered terms of office for commissioners, congressional approval of presidential...

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Trade, Empires, and Subjects—China-Africa Trade: A New Fair Trade Arrangement, or the Third Scramble for Africa?

Jul. 23, 2012—Since 2000, the interest of the People’s Republic of China (China) in Africa has grown steadily.  Trade between China and Africa has grown exponentially.  China-Africa trade volume increased from $10 billion to $18 billion between 2000 and 2003.  In 2005, total trade between Africa and China surged to $40 billion, and in 2006 China-Africa trade...

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Authorizing Subnational Constitutions in Transitional Federal States: South Africa, Democracy, and the KwaZulu-Natal Constitution

Jul. 23, 2012—Not all federal systems permit their constituent units to adopt constitutions.  This Article considers whether, and under what circumstances, subnational constitutions tend to contribute to the volatility or stability of their respective federal systems.  By examining the role that subnational constitutions played in South Africa’s celebrated democratization, this Article observes that a transitional federal state...

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Looking Beyond the Dabhol Debacle: Examining its Causes and Understanding its Lessons

Jul. 23, 2012—This Note analyzes foreign direct investment in India, looking into the investment troubles surrounding the Dabhol power project, India’s largest foreign investment project to date.  After providing an introduction to the mechanics of project finance and a backdrop to the Dabhol power project, the Note considers whether the Indian government’s actions, specifically the use of...

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Voodoo Economics: A Look Abroad for a Supply-Side Solution to America’s Campaign-Finance Riddle

Jul. 23, 2012—The title of this Note—“voodoo economics”—is, at its core, an analogy: U.S. campaign-finance regulation operates like a price ceiling in the political money marketplace. Political campaigns are financed through money-for-access transactions and campaign-finance regulation caps the level of exchange. Like any other price ceiling, regulation is both effective and flawed. It suppresses the “price” of...

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A Coherent Policy Proposal for U.S. Residence-Based Taxation of Individuals

Jul. 23, 2012—Taxation of the worldwide income of U.S. citizens has been a feature of the U.S. income tax since the Revenue Act of 1913.  This Article proposes that the United States abandon its imposition of income tax based on citizenship and institute a new system for taxing individuals based solely on residence.  This includes (1) a...

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Duress, Demanding Heroism, and Proportionality

Jul. 23, 2012—This Article discusses the Erdemovic case in order to examine whether duress should be a defense to a crime against humanity.  Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should...

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Recapturing Public Power: Is Investment Arbitration’s Engagement of the Public Interest Contributing to the Democratic Deficit?

Jul. 23, 2012—Globalization has changed the way sovereign states regulate their societies.  The effect of globalization has been the creation of several international agreements that transfer decision-making from the national to the international level.  An important subset of these agreements is international investment treaties; an estimated 2,500 of these treaties have been entered into worldwide by a...

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Gender Justice through Public Interest Litigation: Case Studies from India*

Jul. 23, 2012—This Article examines the application of the Supreme Court of India’s enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women’s rights.  India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions.  This...

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Towards Global Convenience, Fairness, and Judicial Economy: An Argument in Support of Conditional Forum Non Conveniens Dismissals Before Determining Jurisdiction in United States Federal District Courts

Jul. 20, 2012—The Supreme Court held in Sinochem Int’l Co. Ltd. v. Malaysia Int’l Shipping Corp., that federal district courts can dismiss cases under forum non conveniens before determining jurisdiction.  The facts of Sinochem did not allow the Court to determine whether a court may conditionally dismiss under forum non conveniens before determining jurisdiction, but this Note...

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ANNOUNCEMENTS

The Journal is pleased to announce its 2018-2019 Board of Editors. Complete-Masthead-2018-2019

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.