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Vol. 43 No. 2 Category

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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Superior Responsibility of Civilians for International Crimes Committed in Civilian Settings

Jul. 6, 2012—This Article examines the notion of superior responsibility of civilians for international crimes committed in civilian settings.  The doctrine of superior responsibility grew out of the military doctrine of command responsibility, and its evolution is informed by this origin.  Jurisprudence and academic writers emphasize that the doctrine is applicable to civilian superiors of military or...

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The Responsibility to Protect and the Decline of Sovereignty: Free Speech Protection Under International Law

Jul. 6, 2012—State sovereignty has long held a revered post in international law, but it received a blow in the aftermath of World War II, when the world realized the full extent of atrocities perpetrated by the Nazis on their own citizens.  In the postwar period, the idea that individuals possessed rights independent of their own states...

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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.