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“Enemy-Controlled Battlespace”: The Contemporary Meaning and Purpose of Additional Protocol I’s Article 44(3) Exception

Nov. 12, 2018—  Author: Kubo Mačák* and Michael N. Schmitt PDF: “Enemy-Controlled Battlespace”: The Contemporary Meaning and Purpose of Additional Protocol I’s Article 44(3) Exception   Abstract The contemporary propensity for, and risk of, armed conflict taking place among the civilian population has cast a new light on several long-standing challenges to the application of international humanitarian law...

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Understanding Serious Bodily or Mental Harm as an Act of Genocide

Nov. 10, 2018—  Author: Nema Milaninia PDF: Understanding Serious Bodily or Mental Harm as an Act of Genocide   Abstract What is genocide? The typical answer immediately brings to mind incidents of large-scale killings like those in World War II, Rwanda, and Srebrenica. The same images, however, create an incomplete and potentially misleading picture of the crime. Genocide...

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CEDAW, the Islamic State, and Conflict-Related Sexual Violence

Nov. 9, 2018—  Author: Christine Gibbons PDF: CEDAW, the Islamic State, and Conflict-Related Sexual Violence   Abstract Tales of the Islamic State (ISIL) and the group’s brutality shocked the world for several years. Now, however, ISIL has been nearly defeated. As ISIL has lost territorial control, the world has learned more details about its cruel enslavement system, including...

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Pharming Out Data: A Proposal for Promoting Innovation and Public Health through a Hybrid Clinical Data Protection Scheme

Nov. 7, 2018—  Author: Lea M. Gulotta PDF: Pharming Out Data: A Proposal for Promoting Innovation and Public Health through a Hybrid Clinical Data Protection Scheme   Abstract The pharmaceutical industry, one of the largest industries in the world, is rapidly becoming globalized. Clinical trials, which are required for drugs to be approved for human use, are increasingly...

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Vol. 51 No. 4 – Table of Contents

Oct. 30, 2018—VOLUME 51      OCTOBER 2018      NUMBER 4   ARTICLES Practitioners’ Perception of Court-Connected Mediation in Five Regions: An Empirical Study Shahla F. Ali……………………………………………………………………….. 997 Climate Adaptation Law: Governing Multi-Level Public Goods Across Borders Maria L. Banda…………………………………………………………………… 1027 When Immediate Responses Fail Shai Dothan………………………………………………………………………… 1075 Sustaining the Growth of Mobile Money Services in...

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Climate Adaptation Law: Governing Multi-Level Public Goods Across Borders

Oct. 28, 2018—  Author: Maria L. Banda PDF: Climate Adaptation Law: Governing Multi-Level Public Goods Across Borders   Abstract The increasingly severe and irreversible effects of climate change around the world make adaptation to a changing climate an immediate and urgent global priority, as the Paris Agreement on Climate Change acknowledged. Yet adaptation investment— to make communities and...

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When Immediate Responses Fail

Oct. 26, 2018—  Author: Shai Dothan PDF: When Immediate Responses Fail   Abstract Tit-for-tat is a strategy of immediate and proportional responses. Game theorists showed that this strategy often leads to fruitful cooperation. Indeed, many legal regimes resemble a tit-for- tat strategy and benefit from its ability to avoid unnecessary conflicts. But in situations of uncertainty—when actors cannot...

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Sustaining the Growth of Mobile Money Services in Developing Nations: Lessons from Overregulation in the United States

Oct. 25, 2018—  Author: Amanda Bloch Kernan PDF: Sustaining the Growth of Mobile Money Services in Developing Nations: Lessons from Overregulation in the United States   Abstract Billions of people around the world are excluded from the formal financial system and forced to store, transfer, and borrow money by using inefficient and unsafe methods. The recent introduction of...

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[PiS]sing off the Courts: the PiS Party’s Effect on Judicial Independence in Poland

Oct. 23, 2018—  Author: Michael Hoffmann PDF: [PiS]sing off the Courts: the PiS Party’s Effect on Judicial Independence in Poland   Abstract By winning both the presidency and a majority of seats in the Parliament in 2015, the Law and Justice Party assumed more control in Poland than any single political party has managed since the fall of...

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Special Issue: The Law of Armed Conflict

May. 31, 2018—  Authors: Major Ben Wahlhaus & Hannah Lidicker PDF: Special Issue: The Law of Armed Conflict   Abstract/Intro: Few areas of international law are as consequential as the Law of Armed Conflict (LOAC). At its very core, it entails an endeavor to regulate death and destruction both for those who participate in a conflict and for those...

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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.