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Stopping the Circling Vultures: Restructuring a Solution to Sovereign Debt Profiteering

Elisa Beneze is a third-year student at Vanderbilt University Law School. Her Note uses the sovereign debt crisis in Argentina to explore the larger problem of hedge funds that engage in sovereign debt profiteering. When a sovereign state becomes unable to repay its debts and enters into default, an ideal outcome involves a quick and...... KEEP READING

Posted on Saturday, January 30th, 2016 in Blog, Notes, Vol. 49 No. 1, Volume 49 | No Comments »


Divided We Fall: How the International Criminal Court Can Promote Compliance with International Law by Working with Regional Courts

Tatiana Sainati received her J.D. and LL.M. from Duke University School of Law. Ms. Sainati’s Article discusses the important role of interaction between regional courts and the International Criminal Court. Kenya’s 2007 presidential elections inflamed deep-seeded ethnic tensions in the country, sparking violence that left thousands dead and more than half-a-million civilians displaced. After the...... KEEP READING

Posted on Saturday, January 30th, 2016 in Articles, Blog, Vol. 49 No. 1, Volume 49 | No Comments »


The Club Approach to Multilateral Trade Lawmaking

Nicolas Lamp is an Assistant Professor at the Faculty of Law, Queen’s University. Professor Lamps Article analyzes the World Trade Organization’s (WTO) role at the center of an emerging structure of global economic governance. The conclusion of the Trans-Pacific Partnership (TPP) in October 2015 has attracted a great deal of media attention and political debate,...... KEEP READING

Posted on Saturday, January 30th, 2016 in Articles, Blog, Vol. 49 No. 1, Volume 49 | No Comments »


Should Courts Fear Transnational Engagement?

Olga Frishman is a Golda Meir/Lady Davis Post-Doctoral Fellow at the Faculty of Law, the Hebrew University of Jerusalem. Ms. Frishman’s Article explores the idea that judicial citation of foreign law worries many people, including justices of the U.S. Supreme Court, politicians, and legal academics. The critics in the United States argue that judges “cherry-pick”...... KEEP READING

Posted on Saturday, January 30th, 2016 in Articles, Blog, Vol. 49 No. 1, Volume 49 | No Comments »


Should the Best Offense Ever Be a Good Defense? The Public Authority to Use Force in Military Operations: Recalibrating the Use of Force Rules in the Standing Rules of Engagement

Colonel Gary P. Corn is a Judge Advocate in the United States Army, currently serving as Staff Judge Advocate for United States Cyber Command. Colonel Corn’s Article discusses the Joint Chiefs of Staff’s Standing Rules of Engagement/Standing Rules for the Use of Force (SROE/SRUF) for U.S. Forces. The SROE/SRUF provides strategic guidance to the armed...... KEEP READING

Posted on Saturday, January 30th, 2016 in Articles, Blog, Vol. 49 No. 1, Volume 49 | No Comments »


If You Can’t Beat Them, Join Them: The U.S. Solution to the Issue of Corporate Inversions

Scott DeAngelis is a J.D./Ph.D. candidate studying Law and Economics at Vanderbilt University Law School. His note addresses corporate inversions. There is an old proverb, “If you can’t beat them, join them,” that suggests that those who cannot win against some group should stop fighting and instead band together with them. It seems clear that...... KEEP READING

Posted on Monday, November 30th, 2015 in Blog, Notes, Vol. 48 No. 5, Volume 48 | No Comments »


Beyond Known Worlds: Climate Change Governance by Arbitral Tribunals?

Valentina Vadi is a Professor of International Economic Law at Lancaster University. Her article asks: Can economic development and the fight against climate change be integrated successfully? What role, if any, does international investment law play in global climate governance? Can foreign direct investments (FDI) be tools in the struggle against climate change? What types...... KEEP READING

Posted on Monday, November 30th, 2015 in Articles, Blog, Vol. 48 No. 5, Volume 48 | No Comments »


Recognition and Enforcement in Cross-Border Insolvency Law: A Proposal for Judicial Gap-Filling

Sandeep Gopalan is a Dean and Professor of Law at Deakin University. Michael Guihot is a Senior Lecturer in Law at Queensland University of Technology. Their article addresses the need to fill the gaps of cross-border insolvency law to increase efficiency, fairness, and predictability in insolvency proceedings. The globalization of business activity means that businesses...... KEEP READING

Posted on Monday, November 30th, 2015 in Articles, Blog, Vol. 48 No. 5, Volume 48 | No Comments »


Illegally Evading Attribution? Russia’s Use of Unmarked Troops in Crimea and International Humanitarian Law

Ines Gillich, Dr. iur (Ph.D. equivalent), Johannes Gutenberg University of Mainz, Germany. Her article discusses Russia’s use of Unmarked Troops in Crimea. The Crimean Crisis of February and March 2014 poses several questions to International Law. This Article explores one of them: Does the use of unmarked troops, soldiers in uniforms but without nationality insignia,...... KEEP READING

Posted on Monday, November 30th, 2015 in Articles, Blog, Vol. 48 No. 5, Volume 48 | No Comments »


Capturing the Transplant: U.S. Antitrust Law in the European Union

Silvia Beltrametti’s article analyzes the transplant of U.S. antitrust law into the regulatory regime created by the birth of the European Union. The article provides a framework to better understand how laws evolve within new regulatory entities. Antitrust enforcement has recently experienced a resurgence, with high profile cases involving tech corporations like Google and Microsoft...... KEEP READING

Posted on Monday, November 30th, 2015 in Articles, Blog, Vol. 48 No. 5, Volume 48 | No Comments »


The Democratization of Energy

Joseph Tomain is Dean Emeritus and a Professor of Law at the University of Cincinnati College of Law. His article discusses the “Democratization of Energy.” The electricity industry is changing in dramatic ways. Most significantly, as demonstrated by the Obama Administration’s Clean Power Plan, the country is witnessing the merger of energy and environmental regulation....... KEEP READING

Posted on Friday, October 30th, 2015 in Articles, Blog, Vol. 48 No. 4, Volume 48 | No Comments »


Fukushima’s Shadow

Lincoln Davies is an Associate Dean for Academic Affairs and a professor at S.J. Quinney College of Law, University of Utah. Alexis Jones is a Quinney Research Fellow at S.J. Quinney College of Law, University of Utah. Their article discusses the March 11, 2011 tragedy at the Fukushima Daiichi power station in Japan, which immediately...... KEEP READING

Posted on Friday, October 30th, 2015 in Articles, Blog, Vol. 48 No. 4, Volume 48 | No Comments »


Nuclear Power, Risk, and Retroactivity

Emily Hammond is Associate Dean for Public Engagement and a Professor of Law at George Washington University Law School.  Her article discusses the 2011 Fukushima nuclear disaster, which presented a familiar scenario from a risk perception standpoint. It combined a classic “dread risk” (radioactivity), a punctuating event (the disaster itself), and resultant stigmatization (involving worldwide...... KEEP READING

Posted on Friday, October 30th, 2015 in Articles, Blog, Vol. 48 No. 4, Volume 48 | No Comments »


Attribution of Conduct and Liability Issues Arising from International Disaster Relief Missions: Theoretical and Pragmatic Approaches to Guaranteeing Accountability

Giulio Bartolini is an Associate Professor of International Law at Roma Tre University. Professor Bartolini’s Article analyzes legal issues related to harmful activities of international disaster relief personnel, focusing on two distinct issues. On the one hand, the analysis centers on internationally wrongful acts carried out by relief personnel and uncertainties related to the attribution...... KEEP READING

Posted on Friday, October 30th, 2015 in Articles, Blog, Vol. 48 No. 4, Volume 48 | No Comments »


Beyond Voluntary Corporate Social Responsibility: Corporate Human Rights Obligations to Prevent Disasters and to Provide Temporary Emergency Relief

Anastasia Telesetsky is an Associate Professor at the University of Idaho. Her article discusses corporate social responsibility in the international disaster relief context. Much of the focus of the emerging field of International Disaster Law is on state responsibility. Yet the source of some disasters is the failure of corporations to address known risks created...... KEEP READING

Posted on Friday, October 30th, 2015 in Articles, Blog, Vol. 48 No. 4, Volume 48 | No Comments »



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ANNOUNCEMENTS

The Journal thanks LexisNexis for its 2014-2015 sponsorship.

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2014-2015 Annual Award Winners.

Read the Journal’s latest issue (Vol. 48 No. 1) here.

Video is now available from the Vanderbilt Journal of Transnational Law‘s latest symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch them here.

We are pleased to announce the 2015-2016 Board of Editors.

The Vanderbilt Journal of Transnational Law mourns the death of its founder, Professor Harold G. Maier.

Explore Other Vanderbilt Law Resources