Skip to main content

Volume 41 Category

Dutch Treat: Netherlands Judiciary Only Goes Halfway Towards Adopting Delaware Trilogy in Takeover Context

Jul. 20, 2012—This Note examines Dutch takeover law in light of the current inter-EU competition to attract entities to individual Member States.  The recent hostile takeover of the Dutch bank, ABN AMRO, provides an excellent example of the Netherlands’ opportunity to use its judiciary to solidify its reputation as a competitive, business-friendly jurisdiction.  The Dutch Enterprise Chamber...

Read more


Coining a New Jurisdiction: The Security Council as Economic Peacekeeper

Jul. 20, 2012—Economic conditions are linked to international peace and security.  Financial crises, mismanagement of natural resources, food shortages, and climate change can create transnational effects, including conflict. The Security Council is the executive organ of the United Nations, with primary jurisdiction over the maintenance of international peace and security.  This Article explores the extent to which...

Read more


The Montreal Convention: Can Passengers Finally Recover for Mental Injuries?

Jul. 20, 2012—Since the 1920s, recovery for accidents suffered on international flights has been subject to the Warsaw Convention’s limitation of “bodily injury.”  To address perceived inequities stemming from this limitation, some courts invoked a liberal interpretation of the phrase “bodily injury,” and the resulting and fragmented judicial precedent threatened the treaty’s goal of international uniformity.  Although...

Read more


International Law’s Mixed Heritage: A Common/Civil Law Jurisdiction

Jul. 20, 2012—This Article provides the first application of the emerging mixed jurisdiction jurisprudence to a comparative analysis of international law.  Such a comparative law analysis is important today as the growth and increasing vitality of international juridical, administrative and legislative institutions is placing demands on international law not previously experienced.  International law is unsure where to...

Read more


Indigenous Sovereignty: A Reassessment in Light of the UN Declaration on the Rights of Indigenous Peoples

Jul. 20, 2012—This Article explores the concept of “indigenous sovereignty” against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy.  The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of terra nullius and uti possidetis. ...

Read more


Dubai or not Dubai?: A Review of Foreign Investment and Acquisition Laws in the U.S. and Canada

Jul. 20, 2012—The proposed purchase of a British company that controlled several ports in the United States by Dubai Ports World could accurately be described as one of the most politically contentious acquisitions in U.S. history.  The transaction raised questions not only about U.S. foreign investment laws but provoked national security concerns, as well.  Similar issues were...

Read more


Whose Child Is This?: Genetic Analysis and Family Reunification Immigration in France

Jul. 20, 2012—In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily implemented the use of DNA testing in family reunification immigration in late 2007. Where an immigrating child possesses suspicious documentation, and the child is seeking to reunite with his or her mother in France, the statute...

Read more


Law Triangle: Arbitrating International Reinsurance Disputes Under the New York Convention, the McCarran–Ferguson Act, and Antagonistic State Law

Jul. 20, 2012—The McCarran–Ferguson Act was enacted to preserve the longstanding prerogative of the States to regulate the insurance industry.  States have acted in accordance with this statute to declare arbitration agreements in insurance contracts invalid.  However, the Senate has since ratified the New York Convention and appended implementing legislation to the Federal Arbitration Act that obligates...

Read more


Testing Japan’s Convictions: The Lay Judge System and the Rights of Criminal Defendants

Jul. 20, 2012—Japan has endured considerable international and domestic criticism over the way its criminal justice system treats criminal defendants.  The system shows little regard for defendants’ constitutional rights, and media reports about forced confessions and wrongful convictions are creating grassroots pressures to uphold the right to counsel, the right to silence, and the presumption of innocence....

Read more


Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings

Jul. 20, 2012—A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses.  Reporting on the status of human trafficking achieves both goals.  This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to...

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.