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Volume 43 Category

Cultivating Farmers’ Rights: Reconciling Food Security, Indigenous Agriculture, and TRIPS

Jul. 6, 2012—This Note discusses strategies for cultivating Farmers’ Rights internationally.  The rise of international treaties awarding intellectual property rights in plant genetic resources to plant breeders brought with it an erosion of agricultural biodiversity as well indigenous farmer lifestyles.  Farmers’ Rights emerged in recognition of the role of traditional farmers play in conserving, creating, and promoting genetic...

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A Chance for Redemption: Revising the “Persecutor Bar” and “Material Support Bar” in the Case of Child Soldiers

Jul. 6, 2012—Armed groups in conflicts around the world frequently exploit child soldiers. Despite the unique experience of child soldiers, who are frequently recruited by means of force and deceit, immigration law as it is currently applied may bar former child soldiers from receiving asylum in the United States. In particular, the prevailing agency interpretation of the...

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Greater Mutual Fund Transparency in India: Enhanced Disclosure Protection for India’s Mutual Fund Unitholders in a Time of Market Volatility

Jul. 6, 2012—India has been one of the darlings among emerging market economies over the past decade.  It has experienced dizzying economic growth that has lifted great numbers of Indians out of poverty and changed the economic outlook of much of its populace.  For the first time, many Indians have excess funds to save or invest, and...

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The Responsibility for Post-Conflict Reforms: A Critical Assessment of Jus Post Bellum as a Legal Concept

Jul. 6, 2012—The increasing involvement of international actors in various forms of international missions set up to supervise reconstruction or peace-building processes has raised many questions with respect to both the legal framework applicable to such activity and the authority to engage in such reforms.  Recently, new normative propositions on the subject have been labelled jus post...

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Cyber-Apocalypse Now: Securing the Internet Against Cyberterrorism and Using Universal Jurisdiction as a Deterrent

Jul. 6, 2012—Cyberterrorism has become one of the most significant threats to the national and international security of the modern state, and cyberattacks are occurring with increased frequency.  The Internet not only makes it easier for terrorists to communicate, organize terrorist cells, share information, plan attacks, and recruit others but also is increasingly being used to commit...

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Taking Prevention Seriously: Developing a Comprehensive Response to Child Trafficking and Sexual Exploitation

Jul. 6, 2012—Millions of children are victims of trafficking and commercial sexual exploitation each year.  Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims.  These efforts, while important, have done little to reduce the incidence of these forms of child exploitation.  This...

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Private Certification Versus Public Certification in the International Environmental Arena: The Marine Stewardship Council and Marine Eco-Label Japan Fisheries Certification Schemes as Case Studies

Jul. 6, 2012—In recent decades, the world’s various fisheries have seen a number of problems, primarily depletion of fish stocks due to overfishing.  While the UN has created some soft law, including sustainable fishing standards, to deal with the problem of fisheries depletion, no binding international laws currently exist.  Several entities have decided to deal with the...

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The Conflict Between the Alien Tort Statute Litigation and Foreign Amnesty Laws

Jul. 6, 2012—Since the landmark case Filártiga v. Peña-Irala, foreign individuals have increasingly utilized the Alien Tort Statute to raise claims of human rights violations in the United States federal courts.  Defendants, however, have alleged that principles of international comity necessitate dismissal of the suit when the foreign country in which the human rights violations occurred has...

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Legal Techniques for Dealing with Scientific Uncertainty in Environmental Law

Jul. 6, 2012—This Article analyzes how scientific uncertainty is handled in international environmental law. It identifies ten legal techniques used for this purpose (i.e., precautionary reasoning; framework–protocol approach; advisory scientific bodies; law-making by treaty bodies; managerial approaches to compliance; prior informed consent; environmental impact assessment and monitoring; provisional measures; evidence; and facilitated liability) and links them to...

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Civil Society and Democracy in Japan, Iran, Iraq and Beyond

Jul. 6, 2012—This Article addresses the mystery of why some countries appear to become democracies seamlessly while others face insurmountable obstacles.  While acknowledging the importance of civil society to democratization at the time of transition, this Article argues that broad historical civil society movements, even if devoid of immediate political impact, also facilitate the passage to democracy...

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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.