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Volume 44 Category

Building a Latin American Coalition on Forests: Negotiation Barriers and Opportunities

Jun. 28, 2012—Reducing emissions from deforestation and forest degradation (REDD) is one of the most important and most contentious issues in global climate talks.  Deforestation talks have been fraught with many of the problems that plague international negotiations involving complex geopolitical and scientific components.  In these situations, small developing countries experience particular difficulties preparing and organizing to...

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

Jun. 28, 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 norms...

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From Ideology to Pragmatism: China’s Position on Humanitarian Intervention in the Post-Cold War Era

Jun. 27, 2012—This Article fills a gap in the literature by examining in depth China’s state practice and official pronouncements in respect of nine post-Cold War cases typically cited by academics when considering the international legal status of humanitarian intervention.  The majority of today’s commentary and scholarship holds that the People’s Republic of China’s position on sovereignty...

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The Threat of Force as an Action in Self-Defense Under International Law

Jun. 27, 2012—Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny.  The prohibition of the threat of force, although equally important in terms of its normative status to the prohibition on use, has attracted far less academic commentary to date. ...

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Elections and Government Formation in Iraq: An Analysis of the Judiciary’s Role

Jun. 27, 2012—In 2005, the people of Iraq ratified a permanent Constitution, a significant milestone in the journey from Saddam Hussein’s authoritarian rule to democratic governance.  Among the Constitution’s fundamental guarantees are the separation and balance of powers, the selection of Parliament through regular and periodic popular election, and an independent judiciary empowered as the authority on...

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Hedge Fund Regulation via Basel III

Jun. 27, 2012—This Article is a rejoinder to a recent comment by Professor Romano on an earlier paper I coauthored with Christian Kirchner.  Professor Romano suggests regulatory arbitrage, rather than the targeted regulation of bank lending to hedge funds under Basel III, as a hedge against systemic failure.  I contend that it was not harmonization through Basel...

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A New Standard for Evaluating Claims of Economic Persecution Under the 1951 Convention Relating to the Status of Refugees

Jun. 27, 2012—The United Nations Convention and Protocol Relating to the Status of Refugees define the requirements for qualification as a “refugee” and the protection that should be afforded to qualifying persons.  Satisfying the Convention definition of refugee usually qualifies a person for asylum; thus, interpretation of its requirements can determine whether an alien is able to...

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The Immunity of State Officials Under The UN Convention on Jurisdictional Immunities of States and Their Property

Jun. 25, 2012—The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign officials in U.S. courts will be determined not under the Foreign Sovereign Immunities Act but instead under the common law, drawing on principles of international law. The 2005 UN Convention on the Jurisdictional Immunities of States and Their Properties...

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The Dog that Caught the Car: Observations on the Past, Present, and Future Approaches of the

Jun. 25, 2012—The Supreme Court’s decision in Samantar v. Yousuf vindicated the position of the State Department’s Office of the Legal Adviser, which had long argued that the immunities of current and former foreign government officials in U.S. courts are defined by common law and customary international law as articulated by the Executive branch, rather than by...

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Foreign Official Immunity After Samantar

Jun. 25, 2012—In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA) does not govern the immunity of foreign officials from legal proceedings in U.S. courts. Part I of this symposium contribution seeks to put in sharper focus exactly what is, and what is not, in dispute following Samantar. Part...

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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.