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Volume 46 Category

Expanding the Vienna Convention on Consular Relations: Protecting Children by Protecting Their Parents

Jan. 8, 2014—Article 37 of the Vienna Convention on Consular Relations (VCCR) aims to protect the interests of foreign national children by requiring consular notification whenever these children come into the custody of the state. Consular assistance can be invaluable for foreign national parents and children who may not understand the language or the culture and who...

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220 Years Later and the Commonwealth Is Still Imposing Laws on the United States: A Comparative Look at U.S. Antibribery Legislation and the United Kingdom’s Bribery Act 2010

Jan. 8, 2014—The United States has been combating the bribery of foreign officials for 35 years through the Foreign Corrupt Practices Act (FCPA). Both domestic and international prosecutions for bribery remained almost nonexistent for decades. In recent years, the United States experienced an explosion of enforcement actions under the FCPA. Broad enforcement theories and increased prosecutorial effort...

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Optimal Asylum

Jan. 8, 2014—The U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a “scarce” political resource, but U.S. law persists in distributing access to asylum based on an asylum seeker’s ability to circumvent migration controls rather than the strength of the asylum seeker’s claim for protection. To apply for asylum, an asylum...

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Geography and Justice: Why Prison Location Matters in U.S. and International Theories of Criminal Punishment

Jan. 8, 2014—This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures—the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence. This Article...

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Defending Democracy: A New Understanding of the Party-Banning Phenomenon

Jan. 8, 2014—Recent years have witnessed a growing tendency among established democracies to battle political extremism by banning extremist parties. This Article explores this phenomenon in its wide-ranging international manifestations. The Article aims to challenge the prevalent paradigm underlying the discussion of party banning and to introduce a new paradigm for conceptualizing the party-banning phenomenon in its...

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Plain Packaging and the Interpretation of the TRIPS Agreement

Jan. 8, 2014—Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.)....

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Cognitive Conflicts and the Making of International Law: From Empirical Concord to Conceptual Discord in Legal Scholarship

Nov. 8, 2013—It has long been claimed that international lawmaking has grown pluralized in the sense that it has allegedly moved away from the traditional Westphalian and state-centric model of lawmaking.  New processes outside traditional diplomatic channels and involving non-state actors are said to qualify as lawmaking, and the products thereof have come to be ascertainable as...

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Reverse-Rhetorical Entrapment: Naming and Shaming as a Two-Way Street

Nov. 8, 2013—This Article argues that, rather than being mere targets, governments can and do engage in “reverse rhetorical entrapment,” thus shaping the strategies of human rights organizations.  Specifically, justifications for egregious conduct—at least when made by powerful governments—may draw human rights advocates into consequentialist debates about the utility of specific rights-violating practices. Using the case of...

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Lawyers and Precedent

Nov. 8, 2013—Any account of international law that does not explain the role of lawyers will necessarily be deficient. This is particularly the case with regard to the mysterious power of precedent in international law. Regardless of precedent’s formal role in international law, lawyers and judges regularly invoke it, respond to it, and cite it as authority....

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Blood Diamonds and Non-State Actors

Nov. 8, 2013—The Kimberley Process did not end the major diamond wars, but it entirely changed the way the trade in rough diamonds was managed and reported. It made large transactions in illicit stones more difficult, and the very fact of the KP negotiations helped to starve rebel armies of weapons and ammunition. The KP was the...

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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.