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Volume 44 Category

The Convention on Cluster Munitions: An Incomplete Solution to the Cluster Munition Problem

Jul. 2, 2012—Cluster munitions have been a significant weapon in the world’s arsenals for the last half-century, but their use has drawn sharp criticism for its impact on civilian populations. The weapons function by releasing dozens of small “bomblets” over a wide area.  For years the debate over these weapons was focused on whether they violated the...

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Rethinking Jurisdictional Discovery Under the Hague Evidence Convention

Jul. 2, 2012—When a federal court in the United States compels the discovery of information located abroad to determine whether it has jurisdiction over the defendant, the court can apply the Federal Rules of Civil Procedure or the Hague Evidence Convention.  This Note argues that the approach taken by most courts—applying the balancing test formulated by the...

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A Club of Incumbents? The African Union and Coups d’État

Jul. 2, 2012—This Article considers the response of the Organization for African Unity (the OAU, founded in 1963) and its successor, the African Union (the AU, which began operating in 2003) to coups d’état, since 1997.  The Article addresses these organizations’ policies concerning unconstitutional changes of government, as well as the application of these policies.  In considering...

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The United States–El Salvador Extradition Treaty: A Dated Obstacle in the Transnational War Against Mara Salvatrucha (MS-13)

Jul. 2, 2012—This Note discusses the dramatic proliferation of the Mara Salvatrucha (MS-13) over the last two decades, primarily focusing on the efforts of the United States and El Salvador to bring the notorious MS-13 to justice.  The United States’ deportation policy in the mid-1990s and its impact on the presence of MS-13 in El Salvador and...

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Managing Forced Displacement by Law in Africa: The Role of the New African Union IDPs Convention

Jul. 2, 2012—This Article provides a critical appraisal of the newly adopted African IDPs Convention.  In particular, it offers a detailed analysis of the Convention’s transformation of the UN Guiding Principles into legally binding rules for the management of the phenomenon of internal displacement in Africa.  By definition, internally displaced persons (IDPs) are persons who have not...

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Ambivalence and Activism: Employment Discrimination in China

Jun. 28, 2012—Chinese courts have not vigorously enforced many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, and rights at issue, victims can vindicate constitutional and statutory rights to equality in court.  Specifically, carriers of the hepatitis B virus (HBV) have used the 2007 Employment Promotion Law...

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Green Jackets in Men’s Sizes Only: Gender Discrimination at Private Country Clubs

Jun. 28, 2012—On November 3, 2009, the Supreme Court of Ireland held that the Portmarnock Golf Club could maintain its rule prohibiting female membership free from the sanctions of Ireland’s antidiscrimination laws.  Portmarnock is representative of the numerous private golf clubs that continue to promote discrimination against women.  Despite significant advances in gender equality, private country clubs...

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The Double-Helix Double-Edged Sword: Comparing DNA Retention Policies of the United States and the United Kingdom

Jun. 28, 2012—Forensic scientists have used DNA profiling technologies to link suspects to crimes since Alec Jeffreys first proposed the idea in the 1970s.  Recognizing the potential for using DNA databases to solve crimes and to prevent future crimes, England and Wales attempted to greatly expand its DNA database by allowing for the collection and indefinite retention...

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Forced to Flee and Forced to Repatriate? How the Cessation Clause of Article 1C(5) and (6) of the 1951 Refugee Convention Operates in International Law and Practice

Jun. 28, 2012—The purpose of refugee law is to provide international protection for vulnerable people who are denied state protection.  In fulfilling this purpose, the United Nations High Commissioner for Refugees (UNHCR) and asylum states have different legal foundations and implementing materials.  When terminating refugee status and protection under the 1951 Refugee Convention Relating to the Status...

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Space Debris and Its Threat to National Security: A Proposal for a Binding International Agreement to Clean Up the Junk

Jun. 28, 2012—In 2007, a Chinese anti-satellite missile destroyed an aging weather satellite, creating millions of pieces of space debris.  In 2009, the collision of two satellites created thousands more.  By  2010, more than 95 percent of all man-made objects in Earth’s orbit were debris.  Such a sudden and massive addition to the space debris environment since...

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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.