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VJTL Blog

CEDAW and Treaty Compliance: Promoting Access to Modern Contraception

Apr. 26, 2018—Modern contraception is widely recognized as a crucial component of family planning services and is recognized as a reproductive right under international human rights law. However, unmet need for contraception remains high, as many women in the developing world lack access to family planning services. This Note examines the role of the Committee on the...

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The Gap-Filling Role of Private Environmental Governance: A Case Study of Semiconductor Supply Chain Contracting

Apr. 26, 2018—Three of the principal international agreements that govern various aspects of hazardous substances or wastes are not legally binding on American companies because the US Congress has not passed the requisite implementing legislation. The failure of American companies to meet or exceed the standards set forth in these agreements, although not legally mandated, could be...

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Water Management on the Brahmaputra and the Applicability of the UNECE Water Convention

Apr. 26, 2018—The Brahmaputra River is one of the world’s largest transboundary waterways, yet it lacks a coherent, international management framework. The river, which flows from China through India and into Bangladesh, has been subject to decades of stalled negotiations, gamesmanship, and stop-gap oversight measures. As climate change and population growth place new stressors on the Brahmaputra...

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Ebola Does Not Fall from the Sky: Structural Violence & International Responsibility

Apr. 26, 2018—This Article challenges the conventional understanding that international crises are limited to instances of direct physical violence. Instead, it argues that the disproportionate distribution of infectious diseases like Ebola is a form of structural violence that warrants international intervention. In the field of global public health, structural violence is a concept used to describe health...

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“Development” Versus “Sustainable Development”?: (Re-) Constructing the International Bank for Sustainable Development

Apr. 26, 2018—This Article scrutinizes the potential contribution of the World Bank, as an international economic organization, to the sustainable development agenda. Analyzing the reforms in policies, procedures, and organizational structure that accompanied the Bank’s involvement in ostensibly political, non-economic matters such as human rights, environmental protection, and good governance—all of which are critical components of sustainable...

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Governing Xenophobia

Apr. 26, 2018—The problem of xenophobia has gained remarkable notoriety of late, and reports from around the world paint a chilling picture of its virulence, especially where refugees and other involuntary migrants are concerned. How should one understand this global picture of xenophobic contestation and its fallout, and specifically, how should one understand international law’s relationship to...

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Made in Misery: Mandating Supply Chain Labor Compliance

Mar. 1, 2018—Virtually all consumer products in the developed world are produced in supply chain factories abroad. Media exposés periodically reveal the deplorable working conditions in factories that produce products for world-renowned brands. Public institutions, however, tend to be too weak to enforce local labor laws in the prime jurisdictions for supply chain manufacturing, and the recent...

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Constructing a “Creative Reading”: Will US State Cannabis Legislation Threaten the Fate of the International Drug Control Treaties?

Mar. 1, 2018—While marijuana remains illegal at the federal level in the United States, state-level efforts to legalize cannabis have gained enormous momentum in recent years. The federal government, which possesses only limited power to stop this trend, has responded by grudgingly allowing such efforts to proceed, maintaining that its inaction on the issue comports with the...

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Regulating Geoengineering: Applications of GMO Trade and Ocean Dumping Regulation

Mar. 1, 2018—Geoengineering—the deliberate, large-scale manipulation of the environment—is being increasingly considered as an emergency solution to curb global warming, as efforts to reduce greenhouse gas emissions have largely proved inadequate. This Note explores one form of proposed geoengineering: solar radiation management, which contemplates spraying reflective particles into the stratosphere to cause a global cooling effect. Geoengineering...

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When Genealogy Matters: Intercountry Adoption, International Human Rights, and Global Neoliberalism

Mar. 1, 2018—“Those who believe in children’s human rights need to promote children’s basic human right to be liberated from the conditions under which they live in orphanages or on the street and to grow up with parents who can provide the loving nurturing that is essential for human flourishing.” — Elizabeth Bartholet “In short, there is...

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Chinese Legal Development Assistance: Which Rule of Law? Whose Pragmatism?

Mar. 1, 2018—China is both a recipient and a donor of foreign development aid. As a donor state, China insists that it does not interfere in the internal affairs of foreign states, and it criticizes Western human rights conditionality and rule of law advocacy in development cooperation. Due to this non-interventionist posture, Chinese foreign development aid is...

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Community Participation in Development

Mar. 1, 2018—A remarkable series of legal reforms and private innovations has given municipalities, indigenous peoples, and other local groups vital opportunities to influence development projects and secure economic benefits. This Article demonstrates the existence of this global trend and offers a model for explaining how and why it has manifested, as well as why—despite impressive gains—many...

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Cartel Criminalization in Europe: Addressing Deterrence and Institutional Challenges

Mar. 1, 2018—This Article analyzes cartel criminalization in Europe from a deterrence and institutional perspective. First, it investigates the idea of criminalization by putting it in perspective with the more general question of what types of sanctions a jurisdiction might adopt against collusive behavior. Second, it analyzes the institutional element of criminalization by (1) discussing the compatibility...

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The Need for Speed: Regulatory Approaches to High Frequency Trading in the United States and the European Union

Jan. 2, 2018—High frequency trading (HFT) is a financial investment execution technique with a growing presence in world financial markets. Investment firms engaging in HFT use computer-automated algorithms to trade financial instruments at high speeds. There is much debate as to what HFT entails, particularly its risks, benefits, and costs, and whom HFT affects (positively or negatively)....

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A Look into the Data Privacy Crystal Ball: A Survey of Possible Outcomes for the EU-U.S. Privacy Shield Agreement

Jan. 2, 2018—The trade relationship between the European Union and the United States, the largest cross-border data flow in the world, is in a state of uncertainty. Operating under different notions of what privacy should look like and divergent legal protections for personal data, the European Union and United States have struggled to reach a mutually acceptable...

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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.