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VJTL Blog

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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Hunt or Be Hunted

Jan. 2, 2018—Bulgaria is the geographic and political center of the European migrant crisis, which has the Bulgarian citizenry uneasy about its security. Bulgaria’s societal disdain for Middle Eastern migrants stems from hundreds of years of subjugation and non-Muslim Bulgarians’ second-class citizenship under the Ottoman Empire. Roving bands of civilian migrant hunters have begun taking the law...

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Indiscriminate Attacks and the Past, Present, and Future of the Rules/Standards and Objective/Subjective Debates in International Humanitarian Law

Jan. 2, 2018—Civil society, the United Nations, and others are subjecting the conduct of hostilities to increasing scrutiny. But they often lack access to internal targeting data and therefore frequently render legal judgments based on the effects of attacks or assertions that particular weapons or methods of combat are inherently unlawful. This Article analyzes the historical development...

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Globalizing Property Law: An Institutional Analysis

Jan. 2, 2018—This Article identifies the key role that institutions play in moving toward an effective cross-border regime in property law. Property is based on an in rem principle, which should provide a single system for ranking rights, powers, and priorities in assets that applies to all interested parties. In a global context, this feature of property...

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Fairness, Legitimacy, and Selection Decisions in International Criminal Law

Jan. 2, 2018—The selection of situations and cases remains one of the most vexing challenges facing the International Criminal Court (ICC) and other international criminal tribunals. Since Nuremberg, international criminal law (ICL) has experienced significant progress in developing procedural safeguards designed to protect the fair trial rights of the accused. But it continues to lag in the...

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How Countries Should Share Tax Information

Jan. 2, 2018—Offshore tax evasion, international money laundering, and aggressive international tax planning significantly reduce government revenues. In particular, for some low-income countries the amount of capital flight (where elites move and hide monies offshore in tax havens) exceeds foreign aid. Governments struggle to enforce their tax laws to constrain these actions, and they are inhibited by...

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“Head-of-State–Owned Enterprise” Immunity

Jan. 2, 2018—While other wealthy individuals and businessmen have served and do serve as heads of state, the Trump presidency appears to be unique in terms of the global scope of the President’s business interests, his propensity to be sued, and his disinterest in disentangling his business interests from his official agenda. This Article conceptualizes Trump’s many...

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Tribunalizing Sovereign Debt: Argentina’s Experience with Investor–State Dispute Settlement

Jan. 2, 2018—The global sovereign debt market, lacking a formal bankruptcy regime or binding regulatory oversight, is fundamentally shaped by the specter of conflicts between debtors that refuse to pay and holdout creditors that refuse to settle. Never was this more evident than in Argentina’s most recent sovereign debt crisis, which spurred daring, innovative, and often controversial...

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The Money Mule: Its Discursive Construction and the Implications

Jan. 2, 2018—The proceeds of cybercrime are typically laundered by money mules—people used by criminal organizations to interrupt the financial paper trail by transfering money for the criminals. This Article analyzes the discursive construction of the money mule in documents of national and international anti-money laundering authorities such as Financial Intelligence Units (FIUs), Europol, and the Financial...

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China’s “Corporatization without Privatization” and the Late Nineteenth Century Roots of a Stubborn Path Dependency

Jan. 2, 2018—This Article analyzes the contemporary program of “corporatization without privatization” in the People’s Republic of China (PRC) directed at China’s traditional state-owned enterprises (SOEs) through a consideration of long ago precursor enterprise establishments—starting from the last Chinese imperial dynasty’s creation of “government-promoted/- supervised, merchant-financed/-operated” (guandu shangban) firms in the latter part of the nineteenth century....

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Sovereign Display and Fiscal Techniques: Some Notes on Recent Strategies to Counteract Money Laundering and Terrorist Financing

Jan. 2, 2018—Over recent decades, the state has come to increasingly rearticulate sovereignty at the very center of society. To support the thesis of a migration of sovereignty from the periphery to the center, from the punishment of marginalized groups to the regulation of economic transactions, this Article sketches the development of rules, monitoring, and sanctions—the three...

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Hidden by Sovereign Shadows: Improving the Domestic Framework for Deterring State-Sponsored Cybercrime

Jan. 2, 2018—This Article analyzes the domestic legal framework applicable to state-sponsored cybercrime. The Article describes several instances where state sovereigns perpetrated cybercrimes in the United States. It then outlines the legal framework that the US government utilizes to hold accountable those who perpetrate such crimes. This Article argues that the current legal framework does not have...

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The Human Rights Obligations of State-Owned Enterprises: Emerging Conceptual Structures and Principles in National and International Law and Policy

Jan. 2, 2018—The distinction between the obligations of public and private entities, and their relation to law, is well known in classical political and legal theory. States have a duty that is undertaken through law; enterprises have a responsibility that is embedded in their governance. These fundamental divisions form part of the current international efforts to institutionalize...

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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.