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Volume 42 Category

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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Targeting Enemy Forces in the War on Terror: Preserving Civilian Immunity

Jul. 11, 2012—Protocol I to the Geneva Conventions of 1949 and the interpretation given to it by many in the international community (e.g., UN, NGOs, media) provide perverse incentives to terrorist and insurgent groups to shield their military activities behind civilians and their property.  In other words, the law governing targeting is fundamentally defective; it allows terrorist...

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Investing in Culture: Underwater Cultural Heritage and International Investment Law

Jul. 11, 2012—Underwater cultural heritage (UCH), which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history.  Recent technologies have allowed the recovery of more and more shipwrecks by private actors who often retrieve materials from shipwrecks to sell them. ...

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Treaty Bodies and the Interpretation of Human Rights

Jul. 11, 2012—The eight United Nations human rights treaty bodies play an important role in establishing the normative content of human rights and in giving concrete meaning to individual rights and state obligations.  Unfortunately, their output often suffers from methodological weaknesses and lack of coherence and analytical rigor, which compromise its legitimacy. This Article suggests that these...

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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,...

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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...

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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...

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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.