Recently added articles from Vanderbilt Journal of Transnational Law:
Targeting enemy forces in the war on terror: preserving civilian immunity.
May 01, 2009; ... ABSTRACT Protocol I to the Geneva Conventions of 1949 and the interpretation given to it by many in the international community (e.g., UN, NGOs, media)provide perverse incentives to terrorist and insurgent groups to shield their military activities behind civilians and their ...
International legal responses to Kosovo's declaration of independence.
May 01, 2009; ... ABSTRACT On February 17, 2008, Kosovo declared independence. As of March 6, 2009, fifty-six states have recognized Kosovo's independence, while a number of states maintain that Kosovo's declaration of independence is illegal. There is no specific resolution calling for ...
Investing in culture: underwater cultural heritage and international investment law.
May 01, 2009; ... ABSTRACT Underwater cultural heritage (UCH), which includes evidence of past cultures preserved in shipwrecks, enables the relevant epistemic communities to open a window to the unknown past and enrich their understanding of history. Recent technologies have allowed the recovery ...
Treaty bodies and the interpretation of human rights.
May 01, 2009; ... ABSTRACT The eight United Nations human rights treaty bodies play an important role in establishing the normative content of human rights and in giving concrete meaning to individual rights and state obligations. Unfortunately, their output often suffers from methodological ...
The Emperor is still naked: why the protocol on the rights of women in Africa leaves women exposed to more discrimination.
May 01, 2009; ... ABSTRACT The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa entered into force in 2005. Met with much celebration for the protection it would provide African women, the Protocol was heralded as one of the most forward-looking human ...
Replacing slingshots with swords: implications of the Antigua-Gambling 22.6 panel report for developing countries and the world trading system.
May 01, 2009; ... ABSTRACT In December 2007, the WTO awarded Antigua the right to suspend TRIPS obligations at a value of $21 million. This decision represents the WTO's continuing evolution into a body capable of addressing the concerns of developed countries while balancing the legitimate ...
Honesty is the best policy: a case for the limitation of deceptive police interrogation practices in the United States.
May 01, 2009; ... ABSTRACT In the United States, police officers regularly employ deceptive interrogation tactics to extract confession evidence from suspects. Despite widespread recognition of the harm caused by police deception, courts in the United States have consistently condoned the ...
A theory of WTO adjudication: from empirical analysis to biased rule development.
Mar 01, 2009; ... ABSTRACT The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, ...
Striking a sensible balance on the legality of defensive first strikes.
Mar 01, 2009; ... ABSTRACT This Article seeks to develop a clear and sensible legal standard governing defensive first strikes writ large in interstate conflicts. Imprecise or improperly gauged legal parameters can contribute to an increased risk of hostilities, whether due to abuse, error, or ...
Strengthening international regulation through transnational new governance: overcoming the orchestration deficit.
Mar 01, 2009; ... ABSTRACT A new kind of international regulatory system is spontaneously arising out of the failure of international "Old Governance" (i.e., treaties and intergovernmental organizations) to adequately regulate international business. Nongovernmental organizations, business ...
Beyond economics: the U.S. recognition of international financial reporting standards as an international subdelegation of the SEC's rulemaking authority.
Mar 01, 2009; ... ABSTRACT A final rule promulgated by the Securities and Exchange Commission (SEC) in 2008 allowing foreign private securities issuers to prepare SEC-required financial disclosures under international financial reporting standards (IFRS) as promulgated by the International ...
The Millennium Challenge Account: influencing governance in developing countries through performance-based foreign aid.
Mar 01, 2009; ... ABSTRACT The United States actively impacts the legal and political environments of developing countries through the Millennium Challenge Account (MCA). This new approach to foreign development aid presents both an incredible opportunity to encourage good governance as well as a ...
Enforcing human rights in U.S. courts and abroad: the Alien Tort Statute and other approaches.
Jan 01, 2009; ... The 2008 Jonathan I. Charney Lecture in International Law Presented at Vanderbilt University Law School on April 11, 2008 Thank you very much for that kind introduction. And thank you all for having me here at Vanderbilt. I'm delighted to have the opportunity to visit ...
The Kosovo crisis: a Dostoievskian dialogue on international law, statecraft, and soulcraft.
Jan 01, 2009; ... ABSTRACT The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in international law that began with NATO's 1999 intervention in Kosovo. NATO's intervention called into question the authority and ...
Fighting against biopiracy: does the obligation to disclose in patent applications truly help?
Jan 01, 2009; ... ABSTRACT In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources ...
Avoid or compensate? Liability for incidental injury to civilians inflicted during armed conflict.
Jan 01, 2009; ... ABSTRACT Under international law, civilians suffering injuries that are incidental to a lawful attack on a military objective are left to bear the cost of their losses. In recent years there have been calls for a change in policy that would entitle victims of military attacks to ...
Legal aspects of prior informed consent on access to genetic resources: an analysis of global lawmaking and local implementation toward an optimal normative construction.
Jan 01, 2009; ... ABSTRACT Since the Convention on Biological Diversity (CBD) has been in force, national implementation of the access to and benefit-sharing (ABS) requirement on genetic resources has been flourishing. A requirement of prior informed consent (PIC) by the people controlling ...
Non-refoulement: the search for a consistent interpretation of article 33.
Jan 01, 2009; ... ABSTRACT The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of Refugees (1951 Convention). The 1951 Convention established several important concepts as binding international law, including the ...
Advertising obesity: can the U.S. follow the lead of the UK in limiting television marketing of unhealthy foods to children?
Jan 01, 2009; ... ABSTRACT Childhood obesity has tripled in the U.S. since the 1970s, and television advertisement of unhealthy foods has been linked to the unhealthy eating habits of children. The United Kingdom, facing a similar problem, promulgated regulations in 2007 banning the ...
You get what you pay for? Rethinking U.S. organ procurement policy in light of foreign models.
Jan 01, 2009; ... ABSTRACT The U.S. organ transplant system is in crisis due to the paucity of transplantable organs. Such a shortage exists because otherwise viable organs are too often buried along with the bodies in which they reside. Organs are wasted because the existing U.S. organ ...