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Volume 45 Category

A Chink in the Armor: How a Uniform Approach to Proportionality Analysis Can End the Use of Human Shields

Nov. 28, 2012—The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and doctrinal divergence between state and nonstate adversaries combine to make civilians account for 84 percent of combat deaths. Just as a slot machine entices a gambler though he rarely wins, the international community’s inconsistent response to human...

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The Grass Is Always Greener: Keystone XL, Transboundary Harms, and Guidelines for Cooperative Environmental-Impact Assessment

Nov. 28, 2012—While general understanding of environmental harms has become more geographically sophisticated, environmental-impact assessment (EIA) law has lagged behind. Although nations now understand complex environmental processes and relationships that extend well beyond their borders, EIA law remains trapped in a domestic structure that is ill-prepared to assess harms outside its jurisdiction. By looking at the U.S....

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Dynamics of Healthcare Reform: Bitter Pills Old and New

Nov. 28, 2012—The United States is at a crossroads—albeit one it has visited several times before. Although the Supreme Court has ruled upon the constitutionality of the Patient Protection and Affordable Care Act, the polarizing controversy surrounding national healthcare that began several generations ago is likely to continue into the foreseeable future. In this latest round of...

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Judicial Review of Constitutional Transitions: War and Peace and Other Sundry Matters

Nov. 28, 2012—Constitutional transition periods present a twilight time between two executives. At such times, the outgoing executive’s authority is questionable because of the democratic difficulties and agency concerns that arise at the end of the executive’s term. Thus, parliamentary systems developed constitutional conventions that restrict caretaker governments’ action. These conventions seem to achieve the desired results...

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Virtual Witness Confrontation in Criminal Cases: A Proposal to Use Videoconferencing Technology in Maritime Piracy Trials

Nov. 28, 2012—Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity.  One of the many reasons cited to explain this phenomenon focuses on the expense and difficulty of mounting cases of such international proportions and which involve evidence, suspects, victims, and witnesses from around the globe.  In an effort to...

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Reconsidering the U.S. Patent System: Lessons from Generics

Nov. 2, 2012—Scholars and pharmaceutical industry representatives consider the United States a worldwide leader in pharmaceutical innovation. However, the recent expansion of the international generics market has threatened the strength of the U.S. pharmaceutical industry. The pressure has led to the U.S. market’s overreliance on a patentability standard that blocks generics competition without contributing substantially to the...

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Imagining the Homeland from Afar: Community and Peoplehood in the Age of the Diaspora

Nov. 2, 2012—Diasporas—understood as groups of individuals or communities who carry an image of a homeland that is separate from the host land in which they reside—have always been with us. As long as there have been large movements of people across boundaries, be it voluntary or involuntary, there have been diasporas. The image of the homeland...

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Microinvestment Disputes

Nov. 2, 2012—Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that the word “investment” in the Convention establishing the International Centre for Settlement of Investment Disputes (ICSID), although undefined, has an objective meaning that limits the ability of member states to submit disputes to ICSID arbitration....

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Recovering Protection and Security: The Treaty Standard’s Obscure Origins, Forgotten Meaning, and Key Current Significance

Nov. 2, 2012—Among the most persistent controversies in international investment law is the nature of the “protection and security” standard found in most investment treaties. Some tribunals contend that the standard requires nothing more than physical protection of covered investments, while others maintain that it requires legal security as well. Some insist that it is entirely distinct...

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Arbitration of Trust Disputes: Two Bodies of Law Collide

Nov. 2, 2012—Once considered nothing more than “mere” estate-planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of dollars of income each year. However, the rising popularity of both commercial and noncommercial trusts has led to an explosion in hostile trust litigation, leading settlors...

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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.