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Vol. 49 No. 2 Category

The International Reach of Criminal Copyright Infringement Laws—Can the Founders of The Pirate Bay Be Held Criminally Responsible in the United States For Copyright Infringement Abroad?

Aug. 25, 2016—Modern China is a major trading partner with and investor in Africa. This Note examines its relationships with Nigeria and South Africa to evaluate whether the benefits they receive from Chinese involvement, like infrastructure or access to consumer goods, are outweighed by costs such as worsened corruption. It next discusses legal measures these countries have...

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Riding a “Friendly Elephant”? How African Nations Can Make the Best of Economic Partnership with China

Aug. 25, 2016—Modern China is a major trading partner with and investor in Africa. This Note examines its relationships with Nigeria and South Africa to evaluate whether the benefits they receive from Chinese involvement, like infrastructure or access to consumer goods, are outweighed by costs such as worsened corruption. It next discusses legal measures these countries have...

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Politics by Other Means: The Battle over the Classification of Asymmetrical Conflicts

Aug. 25, 2016—Transnational armed conflicts between states and non-state armed groups have emerged as a defining characteristic of twenty-first century warfare. Humanitarian actors tend to classify such conflicts (e.g., between the United States and ISIL) as non-international armed conflicts rather than international armed conflict. This classification is subject to considerable debate; yet both sides present their views...

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Response: The ICC, Pre-Existing Jurisdictional Treaty Regimes, and the Limits of the Nemo Dat Quod Non Habet Doctrine—A Reply to Michael Newton

Aug. 25, 2016—It is a pleasure and a privilege to provide a few reflections on Michael Newton’s thought-provoking essay on “How the ICC Threatens Treaty Norms.” His article marks an important piece of scholarship. It reflects significant concerns about the reach and function of the International Criminal Court (ICC) that merit further attention and explanation in ICC...

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Response: “Quid,” Not “Quantum”: A Comment on “How the International Criminal Court Threatens Treaty Norms”

Aug. 25, 2016—It is hard not to sympathize with the thrust of Michael A. Newton’s impressive article “How the International Criminal Court Threatens Treaty Norms.” A friend of the ICC keen to see it thrive, Newton offers some home truths with a view to correcting what he suggests is a damaging tendency towards jurisdictional overreach on the...

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How the International Criminal Court Threatens Treaty Norms

Aug. 25, 2016—This Article demonstrates the disadvantages of permitting a supranational institution like the International Criminal Court (ICC) to aggrandize its authority by overriding agreements between sovereign states. The Court’s constitutive power derives from a multilateral treaty designed to augment sovereign enforcement efforts rather than annul them. Treaty negotiators expressly rejected efforts to confer jurisdiction to the...

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Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

Aug. 25, 2016—The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed during the 2014 Maydan protests (Declaration I) and...

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(De)Legitimation at the WTO Dispute Settlement Mechanism

Aug. 25, 2016—  Legal scholars have long recognized that the legitimacy of judicial institutions proves central to courts’ exercise of authority and compliance with their judgments. While numerous studies examine the legitimacy of domestic courts, to date little empirical research looks at the legitimacy of international judicial bodies. This article was motivated partly by our conviction that...

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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.